Section 230: A Reform Agenda for the Next Administration
Summary
Section 230 has been the subject of bipartisan criticism in Washington, with both President Trump and former Vice President Biden arguing that the controversial law should be revoked. As the election has approached, a flurry of legislative proposals have taken aim at the law.
This paper argues that the Biden-Harris administration should take a more targeted approach, focusing on changes that will deter some of the most harmful forms of speech while also preserving the features of tech platforms that are essential to online expression. Specifically, the next administration should modernize federal criminal law for the digital age to prohibit problematic online speech like voter suppression and incitement to riot, require platforms to comply with court orders to remove illegal content, define what it means for a platform to “develop” content, work with platforms on reporting options that will facilitate individual accountability, and incentivize platforms to share data that will inform future product design and policymaking.
As people become less able to distinguish between what is real and what is fake, it has become easier than ever to be misled by synthetic content, whether by accident or with malicious intent. This makes advancing alternative countermeasures, such as technical solutions, more vital than ever before.
The next administration should establish a Participatory Technology Assessment unit to ensure federal S&T decisions benefit society.
AI is transforming how children learn and live, and policymakers, industry, and educators owe it to the next generation to set in place a responsible policy that embraces this new technology while at the same time ensuring all children’s well-being, privacy, and safety is respected.
A peer support option should be integrated into the 988 Suicide and Crisis Lifeline so that 988 service users can choose to connect with specialists based on a shared lived experience.