Question Everything

The Scammers and Smut that Sparked the Modern Internet

Dec 18, 2025
In this conversation, Jeff Kosseff, a law professor and author of "The Twenty-Six Words That Created the Internet," dives into the origins and implications of Section 230. He recounts the pivotal Stratton Oakmont v. Prodigy case, revealing how moderation turned platforms into publishers and shaped online discourse. Kosseff emphasizes the risks of Congress potentially repealing the law, arguing it could stifle free expression and harm smaller platforms. The discussion reflects on today's internet and how it contrasts with the original vision lawmakers had in the 1990s.
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ANECDOTE

Prodigy, Stratton Oakmont, And A $200M Suit

  • Stratton Oakmont sued Prodigy for $200 million after defamatory posts on a Prodigy bulletin board.
  • A Long Island judge ruled Prodigy could be treated as a publisher because it moderated content, allowing the suit to proceed.
INSIGHT

Moderation Created A Legal Trap

  • The judge punished content moderation by treating Prodigy as a publisher for exercising editorial control.
  • That ruling created a perverse incentive for platforms to avoid moderating harmful content.
ANECDOTE

The Blue Book That Shocked Congress

  • Senator James Exxon's 'blue book' of printed porn shocked colleagues and pushed momentum for the Communications Decency Act.
  • That moral panic over online sex drove Congress to consider broad rules for internet content.
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