
Why the internet still needs Section 230
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Across U.S. politics, its become fashionable to blame nearly all the internets ills on one law I co-wrote: Section 230 of the Communications Decency Act. Everyone from President Donald Trump to some of my Democratic colleagues argue that Section 230 has let major tech platforms moderate too much or too little. Trumps Federal Communications Commission chairman, Brendan Carr, has already written about his plans to reinterpret the law himself.Many of these claims give Section 230 too much credit. While its a cornerstone of internet speech, its a lesser support compared to the First Amendment, as well as Americans own choices in what they want to see online. But Im convinced the law is just as necessary today as when I co-wrote it with Rep. Chris Cox in 1996.Trump attacked Section 230 in his first stint as president. In his second, his administration is already using its power to pressure TV stations, newspapers, and social media companies to bow to his will. Major tech platforms with deep-pocketed legal teams seem happy to accommodate Trump and other government censors, as long as theyre allowed to keep raking in billions by selling targeted ads and scooping up Americans private information. And without Section 230, potential competitors will stand little chance of getting off the ground.Just look at Bluesky, which has gained millions of users in only a few months as people flee X. Without Section 230, anyone aggrieved by a decision from Blueskys nascent moderation team could initiate a devastating lawsuit on any number of claims, smothering it in legal fees even if it won. The next upstart may never launch at all leaving users with no alternatives to the government-favored Big Tech cartel.Critics of Section 230 often charge that the internet has fundamentally changed in the past three decades. Yet the bills 26 key words were written to address the same challenges we face today: keeping kids safe online, leveling the playing field between entrenched corporate interests and small innovators, and ensuring that individuals not the government control what we see online.Heres how they came to be. In 1995, Chris Cox and I had a standing weekly lunch in a small space near the official House dining room. Nobody batted an eye at a conservative House member from Orange County, California and a liberal Congressman from Portland, Oregon hashing out ideas back then except, maybe, when someone wandered by and heard us talking about the internet. Its hard to overemphasize how strange the Internet was in 1995. Only about 20 million people in the U.S. had access to it. There were only some 100,000 websites (today, there are more than 2 billion) and todays most popular Internet destinations did not exist.To both of us, the internet looked like a lifeline for our districts. Oregons economy was booming with a vital forest products sector, but I knew my state needed to attract new industries. Chriss district had been a center of the aerospace industry for decades, but the end of the Cold War had battered the sectory. The Internet was one of the hottest new markets to develop in years, according to Morgan Stanley a line that hastened the heartbeats of two young Congressmen who wanted good, new jobs in their districts.Congress was in the midst of a much-needed overhaul to the Communications Act of 1934, which regulated the telephone industry and broadcast spectrum. Most legislators embraced this as an opportunity to eliminate stifling regulatory constraints. But where Chris and I sawBut where some of us saw economic growth in the internet, others saw something else: pornography.As the new communications law was being debated in 1995, a censorious senior member of the U.S. Senate, James Exon from Nebraska, read a prayer into the Congressional Record that asked Almighty God for the wisdom to create regulations aimed at controlling the pollution of computer communications. Exon proposed a separate bill to ban obscene, indecent, and destructive content from the Internet. Called the Communications Decency Act, it intended to prevent anyone under the age of 18 from encountering any comment, request, suggestion, proposal, image or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. Not only would the writers and producers and posters of such indecencies face fines or jail, so would websites and internet service providers that allowed access.The CDA would have strangled the internet in its cradle. Exon figured if the government had used FCC licensing and the so-called fairness doctrine to regulate broadcast speech for decades, regulating internet speech should work as well. But there were some 15,000 radio stations and 1,700 TV stations in the U.S. at the time, and only a handful of national networks. On the internet, as Chris wrote in a later retrospective, the number of content creatorseach a broadcaster, as it werewas the same as the number of users. It would soon expand from hundreds of millions to billions.Even back then, Chris and I both understood that it was physically impossible for the government, the service providers, or the platforms to pre-screen the avalanche of internet content for anything indecent. Exons proposal was a recipe for vast, new, intrusive, and ultimately ineffective government bureaucracies. Whats more, a pair of recent legal decisions had created a worrying precedent. They effectively punished internet portals the closest thing to Facebook or TikTok for trying to remove the exact kind of indecent content Exon and other lawmakers feared.That didnt matter to the U.S. Senate, where fewer than half the Senators then had email. Exons bill passed 8416. Our colleagues in the House werent much betterbarely a quarter had email - and we were pretty sure they were going to support the proposal. Who wanted to appear weak on porn?We needed an idea that threaded a lot of needles. It needed to be big, but simple. It needed to appeal not just to both political parties, but to conservative and liberal factions within each party. The idea I offered to Chris was to create a liability shield that blended conservative and liberal concepts. From Republican orthodoxy, we would write a law that sidestepped Big Government and be 100 percent tilted in favor of parental control over childrens Internet consumption. From the liberal Democrat side, our law would block Government censorship of speech and be uncompromisingly pro-user privacy.We captured these elements in the name we attached to our bill: the Internet Freedom and Family Empowerment Act.Some critics of Section 230 claim its granted special rights to internet platforms. Yet at its heart our proposal simply applied four long-standing principles and rights to the internet.First, a distributor is not a publisher. My wife Nancy Bass Wyden is the third-generation owner of the fabled New York bookstore the Strand. The Strand offers 2.5 million book titles over 18 miles of shelves, but it isnt the publisher of a single one of them. Chris and I wanted to clarify that the same relationship existed between websites and individual creators who posted there.Second, distribution of content is as protected as the creation of content. Governments not only have no authority to ban a publisher from printing a book, they have no authority to prevent a bookstore from carrying it. Chris Cox and I considered that a perfect analogy to the peril facing online sites that accepted user postings, and we wanted to make it clear that Internet content creators and their distributors had the same protections as people working in print or radio or film.Third, distributors have the right to determine what content they will carry or not carry, as well as the conditions in which they carry or promote content, and that those decisions do not make them publishers. Fourth, only the actual speaker, writer, or publisher of content is accountable for that content. Can people be libeled or defamed on the Internet? Absolutely. Can innocent parties be injured by misinformation, disinformation, or careless errors? No question. Can the legal system provide recourse? You bet: the same recourse available to people who claim harm from content in other media.Chris Coxs and my main goal was to give the Internet the same underlying principles of both freedom and responsibility that other media had. Best of all (we thought then, and I still think it now) we rendered these principles in the simplest way we couldwith 26 carefully chosen words:No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by an information content provider.Internet pornographers who illegally targeted kids, or people who defamed and harassed others, were still subject to every hammer the law could bring down on them. But that hammer wouldnt pound the Internet platforms and service providers.We made it very clear to members of the House that they faced a choice: They could empower parents to filter the content that their kids could access, or they could set up a Big Brotherstyle censorship program with thousands of Government employees using hundreds of millions of taxpayer dollars to screen and approve every piece of content before it made its way onto the World Wide Web.Our bills fate was an anti-climax but a welcome one. It passed the House 4204. A few months later, the Supreme Court unanimously declared most of Exons Communications Decency Act unconstitutional. Only our 26-word provision, still called CDA Section 230, survived.What Chris Cox and I saw in a nation without Section 230 was a media and tech world that would continue to be dominated by the giant gatekeepers who had ruled their industries for the better part of the 20th centurya world where hosting a website would require a legion of lawyers that would become the new barrier to entry that kept the media in the hands of the few. The law Cox and I wrote was an affirmation of the right to publish free speech in this technology-enabled world. We were well aware of the old A. J. Liebling adage, Freedom of the press is guaranteed only to those who own one. We wanted to continue to guarantee that freedom in the new world where everyone owns a press that they carry in their pocket.Adapted from It Takes Chutzpah. Copyright 2025 Ron Wyden. Published by Grand Central Publishing, a Hachette Book Group company. Reproduced by arrangement with the Publisher. All rights reserved.See More:
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