DOJ asks Congress to amend Communication Decency Act News
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DOJ asks Congress to amend Communication Decency Act

The US Department of Justice (DOJ) urged Congress Wednesday to amend Section 230 of the Communication Decency Act, which shields online platforms from liability for third-party content.

After a year-long review of Section 230, the DOJ determined that it is necessary to amend the statute so that it better aligns with the “realities of the modern internet.” More specifically, the department noted, “reform is important now more than ever. Every year, more citizens—including young children—are relying on the internet for everyday activities, while online criminal activity continues to grow. We must ensure that the internet is both an open and safe space for our society.”

In its letter to Congress, the DOJ identified four areas of the statute that should be reformed: “incentivizing online platforms to address illicit content, clarifying federal government enforcement capabilities to address unlawful content, promoting competition, and promoting open discourse and greater transparency.” The first area seeks to eradicate the increasing amount of illicit content, while simultaneously preserving the statute’s immunity clause for defamation. However, the DOJ proposes three carve-outs for the application of the immunity clause—bad actors: those who engage in child exploitation and sexual abuse, terrorism and cyberstalking, and where a platform had actual knowledge or notice that a third party’s activity violated federal law. The second area seeks to increase the ability of the government to criminally prosecute those who engage in harmful and illicit conduct over the internet. The third area seeks to clarify that federal antitrust claims are not given immunity under Section 230. Finally, the fourth area seeks to replace vague terminology so that the statute will be applied consistently.

US Attorney General William Barr stated:

For too long Section 230 has provided a shield for online platforms to operate with impunity. Ensuring that the internet is a safe, but also vibrant, open and competitive environment is vitally important to America. We therefore urge Congress to make these necessary reforms to Section 230 and begin to hold online platforms accountable both when they unlawfully censor speech and when they knowingly facilitate criminal activity online.

Congress has yet to comment on whether they will consider implementing changes to Section 230.