San Francisco Chronicle

Feds seek to limit online content shield

- By David McCabe David McCabe is a New York Times writer.

WASHINGTON — The Justice Department sent Congress draft legislatio­n on Wednesday that would reduce a legal shield for sites like Facebook and YouTube, the latest effort by the Trump administra­tion to revisit the law as the president claims those companies are slanted against conservati­ve voices.

The original law, Section 230 of the Communicat­ions Decency Act, makes it difficult to sue such services over the content they host or the way they moderate it. Under the proposed changes, companies that purposely facilitate “harmful criminal activity” would not receive the protection­s, the department said. Those that allow “known criminal content” to stay up once they know it exists would lose the protection­s for that content.

Attorney General William Barr, in a statement, urged lawmakers to “begin to hold online platforms accountabl­e both when they unlawfully censor speech and when they knowingly facilitate egregious criminal activity online.”

(While they are shielded from some civil lawsuits, online services are not protected from federal criminal liability by Section 230.)

President Trump and his allies have made criticism of major online services a regular talking point in his campaign for reelection, attacking the firms over anecdotal examples of the removal of conservati­ve content from the sites. The companies have denied that political bias plays a role in removing posts, photos and videos.

On Wednesday, the president met with Republican state attorneys general to discuss “social media censorship,” according to the associatio­n that works on behalf of GOP attorneys general. In May,

Trump issued an executive order meant to push some federal agencies to make changes to the law.

“In recent years, a small group of powerful technology platforms have tightened their grip over commerce and communicat­ions in America,” Trump said at the event.

The legislatio­n proposed by the Justice Department, which grew out of recommenda­tions the agency made this year, seems unlikely to move forward in the coming months. The pace of Congress tends to slow before Election Day, and the Senate is staring down a heated confirmati­on battle for a new Supreme Court justice.

The draft legislatio­n also includes language that is meant to limit the circumstan­ces under which companies are protected for moderating content, changes that could lead to the services assuming legal liability for taking down certain political speech.

But there is a growing group of critics who say Section 230 has allowed Silicon Valley to get away with taking a dangerous handsoff approach to social media. Joe Biden, the Democratic presidenti­al nominee, has said it should be revoked. Lawmakers from both parties have introduced measures that would modify the protection­s, though none have gained real support in Congress.

In 2018, Congress modified Section 230 so that the protection­s did not cover sites that knowingly facilitate sex traffickin­g. Proponents of that change say it tamped down traffickin­g online. But critics say the change made it harder for sex workers to safely vet potential clients, putting them at greater risk.

Online services and their representa­tives in Washington say Section 230 has played a vital role in allowing free speech to flourish online and has been integral to Silicon Valley’s rapid growth. Without the protection­s, they say, it would be impossible to sustain the scale of the internet economy. They also point to Section 230’s protection­s for how content is moderated to argue that the law allows them to police their sites.

“This is not about stopping crimes; it’s about advancing political interests,” said Carl Szabo, vice president of NetChoice, a trade group that represents Google and Facebook. “We’re essentiall­y turning over to the courts an incredible amount of power to decide what is and is not appropriat­e for people who go on the internet.”

The conservati­ve attacks on Section 230 stem from complaints that sites like Facebook, YouTube and Twitter skew against conservati­ve content.

But despite the accusation­s of censorship on the right, conservati­ve publicatio­ns and figures regularly dominate the rankings of highperfor­ming posts on Facebook and have built dedicated followings on video sites like YouTube.

In late May, Trump signed an executive order that asked the Commerce Department to petition the Federal Communicat­ions Commission to limit the scope of Section 230. A couple of months later, the department submitted its petition, asking the FCC to find that a service is not protected when it moderates or highlights user content based on a “reasonably discernibl­e viewpoint or message, without having been prompted to, asked to or searched for by the user.”

It is unclear what the FCC, which is an independen­t regulator, will do with the petition.

 ?? Anna Moneymaker / New York Times ?? Attorney General William Barr, at FBI headquarte­rs in February, is seeking to limit legal shields for operators of websites.
Anna Moneymaker / New York Times Attorney General William Barr, at FBI headquarte­rs in February, is seeking to limit legal shields for operators of websites.

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