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The "Wahoowa" Edition

Rational Security

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What Does 230 Really Do and How Does It Apply to This Case?

Section 230 was in part intended to help companies and encourage them to moderate the internet from pornography basically which at the time was the big thing people were scared about. The problem is the categories that section 230 uses of publisher liability don't map on neatly to what is happening here we just like these categories are 25 years old. There's no obvious way I think of trying to figure out what the Congress that enacted 230 would have wanted in this case. If you want Congress to re-engage with this issue what you need to do is put the technology companies in a bad position by stripping them of their 230 protections.

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