Mike Masnick, founder of the Copia Institute and editor of Techdirt, dives deep into the complexities of Section 230. He clarifies how this crucial law shields online platforms from liability while navigating the tricky waters of content moderation. The discussion spans recent controversies, including government attempts to redefine the law amidst fears of censorship. Masnick also unpacks the legal landscape of social media as 'public squares' and the unique challenges platforms face in moderating user-generated content amid escalating regulatory pressures.
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insights INSIGHT
Section 230 Explained
Section 230 of the Communications Decency Act does two things: puts liability on the speaker and allows websites to moderate content.
It protects websites from liability for user-generated content and for their content moderation decisions.
question_answer ANECDOTE
Stratton Oakmont vs. Prodigy
The Stratton Oakmont vs. Prodigy case, where Prodigy was sued for libel due to its content moderation, led to Section 230.
Section 230 protects websites that moderate content in good faith from liability for user-generated content.
insights INSIGHT
230 and Free Speech
Section 230 is a gift to free speech, not just big companies, by enabling users to post content online.
Limiting or removing 230 would restrict users' ability to post content, thus hindering free speech.
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We cover the tricky but important topic of Section 230 of the Communications Decency Act. The 1996 law has been in the headlines a lot recently, in the context of Twitter, the president’s tweets, and an executive order put out by the White House on “preventing online censorship”. All of this is playing out against the broader, more profound cultural context and events around the death of George Floyd in Minnesota and beyond, and ongoing old-new debates around content moderation on social media. [Please note this episode was first published May 31.]
To make sense of only the technology and policy aspects of Section 230 specifically — and where the First Amendment, content moderation, and more come in — a16z host Sonal Chokshi brings on our first-ever outside guest for 16 Minutes, Mike Masnick, founder of the digital-native policy think tank Copia Institute and editor of the longtime news & analysis site Techdirt.com (which also features an online symposium for experts discussing difficult policy topics). Masnick has written extensively about these topics — not just recently but for years — along with others in media recently attempting to explain what’s going on and dissect what the executive order purports to do (some are even tracking different versions as well).
So what’s hype/ what’s real — given this show’s throughline! — around what CDA 230 precisely does and doesn’t do, the role of agencies like the FCC, and more? What are the nuances and exceptions, and how do we tease apart the most common (yet incorrect) rhetorical arguments such as “platform vs. publisher”, “like a utility/ phone company”, “public forum/square” and so on? Finally: how does and doesn’t Section 230 connect to the First Amendment when it comes to companies vs. governments; what does “good faith” really mean and what are possible paths and ways forward among the divisive debates around content moderation? All this and more in this extra-long explainer episode of 16 Minutes, shared here for longtime listeners of the a16z Podcast.
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