Section 230 and First Amendment: A Complex Relationship

Some argue that Section 230 allows the internet to flourish. Others argue it allows harmful content to flourish. Christopher Cox knows something about Section 230: He co-wrote it. 

Section 230 of the Communications Decency Act is an American law passed in 1996 that shields websites from liability for content posted on their sites by users.  What does Rep. Cox make of the law today? Rep. Cox was a 17-year member of the House of Representatives and is a former chairman of the Securities and Exchange Commission.

Timestamps

0:00 Intro

2:43 Did Section 230 create the modern internet?

7:48 America’s technological advancement

11:33 Section 230’s support for good faith content moderation

18:00 User privacy and age verification?

25:37 Rep. Cox’s early experiences with the internet

30:24 Did we need Section 230 in the first place?

37:51 Are there any changes Rep. Cox would make to Section 230 now?

42:40 How does AI impact content creation and moderation?

47:23 The future of Section 230

54:31 Closing thoughts

57:30 Outro

Show notes:

• Transcript
• Section 230 text
• “The Twenty-Six Words that Created the Internet” by Jeff Kosseff
• Cubby, Inc. v. CompuServe Inc. (S.D.N.Y. 1991)
• Stratton Oakmont, Inc. v. Prodigy Services Co. (N.Y. Sup. Ct. 1995)
• “Section 230: A Retrospective” by Chris Cox
• Section 230: Legislative History (Electronic Frontier Foundation)