Section 230 and the Twitter Presidency
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Section 230 of the Communications Decency Act: Research Library Perspectives June 2021 by Katherine Klosek
Issue Brief Section 230 of the Communications Decency Act: Research Library Perspectives June 2021 By Katherine Klosek With thanks to Jonathan Band, General Counsel at ARL; Greg Cram, Director of Copyright, Permissions & Information Policy at New York Public Library; and Judy Ruttenberg, Senior Director of Scholarship and Policy at ARL Introduction 3 Background 3 Section 230 of the Communications Decency Act 5 Libraries and Section 230 7 FOSTA: The Allow States and Victims to Fight Online Sex Trafcking Act 9 Discussion 10 Appendix: Discussion Guide 12 Access to Information 12 Afordability 12 Anti-harassment 12 Diversity 13 Open Internet 13 Political Neutrality/Freedom of Expression 14 Privacy 14 Issue Brief: Section 230 of the Communications Decency Act—June 2021 2 Introduction The 117th US Congress is holding hearings and debating bills on changes to Section 230 of the Communications Decency Act (CDA), a 1996 law that protects internet service providers and internet users from liability for content shared by third parties. When it was enacted, Section 230 ofered liability protections for then- nascent services that are integral to the development of the internet we have today. But Section 230 has come under fre from Democrats who believe internet service providers are not engaging in responsible content moderation, and from Republicans who believe that large social media companies censor conservative voices. This myopic debate ignores the longstanding role that research libraries have played as internet service providers, and the vast experience research libraries have in moderating and publishing content. More information on this topic can be found in the “Discussion” section of this brief. -
The Honorable Ajit Pai Page 3 Attachment—Additional Questions
The Honorable Ajit Pai Page 3 Attachment—Additional Questions for the Record Subcommittee on Communications and Technology Hearing on “Accountability and Oversight of the Federal Communications Commission” December 5, 2019 The Honorable Ajit Pai, Chairman, Federal Communications Commission The Honorable Anna G. Eshoo (D-CA) 1. I’m pleased the Lifeline National Verifier now has automated connections with Centers for Medicare and Medicaid Services databases to verify Lifeline eligibility and that the FCC is working to establish a similar connection with the Department of Veterans Affairs for its Veterans and Survivors Pension Benefits program. Is the FCC working with the Department of Agriculture to establish automated connections for the Supplemental Nutrition Assistance Program (SNAP), given the significant overlap between recipients of SNAP and Lifeline? Response: USAC has conferred with the Department of Agriculture, as well as other federal and state agencies and Tribal governments, on expanding the National Verifier to include available data sources for all qualifying eligibility programs. Currently, there is no nationwide database of SNAP recipients maintained at USDA or any other federal agency. Rather, that data is maintained at the state level. As a result, the National Verifier has built automated connections with 15 state systems with SNAP data, and USAC is working with additional states and territories to build new automated connections in 2020. The FCC and USAC remain willing to work with any state, territory, or district that is interested in establishing an automated eligibility verification connection with the National Verifier. 2. One goal of the National Verifier was to reduce waste, fraud, and abuse. -
S.C.R.A.M. Gazette
MARCH EDITION Chief of Police Dennis J. Mc Enerney 2017—Volume 4, Issue 3 S.c.r.a.m. gazette FBI, Sheriff's Office warn of scam artists who take aim at lonely hearts DOWNTOWN — The FBI is warning of and report that they have sent thousands of "romance scams" that can cost victims dollars to someone they met online,” Croon thousands of dollars for Valentine's Day said. “And [they] have never even met that weekend. person, thinking they were in a relationship with that person.” A romance scam typically starts on a dating or social media website, said FBI spokesman If you meet someone online and it seems "too Garrett Croon. A victim will talk to someone good to be true" and every effort you make to online for weeks or months and develop a meet that person fails, "watch out," Croon relationship with them, and the other per- Croon said. warned. Scammers might send photos from son sometimes even sends gifts like flowers. magazines and claim the photo is of them, say Victims can be bilked for hundreds or thou- they're in love with the victim or claim to be The victim and the other person are never sands of dollars this way, and Croon said the unable to meet because they're a U.S. citizen able to meet, with the scammer saying they most common victims are women who are 40 who is traveling or working out of the coun- live or work out of the country or canceling -60 years old who might be widowed, di- try, Croon said. -
An Overview of the Communication Decency Act's Section
Legal Sidebari Liability for Content Hosts: An Overview of the Communication Decency Act’s Section 230 Valerie C. Brannon Legislative Attorney June 6, 2019 Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996 (CDA), broadly protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content. In part because of this broad immunity, social media platforms and other online content hosts have largely operated without outside regulation, resulting in a mostly self-policing industry. However, while the immunity created by Section 230 is significant, it is not absolute. For example, courts have said that if a service provider “passively displays content that is created entirely by third parties,” Section 230 immunity will apply; but if the service provider helps to develop the problematic content, it may be subject to liability. Commentators and regulators have questioned in recent years whether Section 230 goes too far in immunizing service providers. In 2018, Congress created a new exception to Section 230 in the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, commonly known as FOSTA. Post-FOSTA, Section 230 immunity will not apply to bar claims alleging violations of certain sex trafficking laws. Some have argued that Congress should further narrow Section 230 immunity—or even repeal it entirely. This Sidebar provides background information on Section 230, reviewing its history, text, and interpretation in the courts. Legislative History Section 230 was enacted in early 1996, in the CDA’s Section 509, titled “Online Family Empowerment.” In part, this provision responded to a 1995 decision issued by a New York state trial court: Stratton- Oakmont, Inc. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, MONDAY, OCTOBER 2, 2017 No. 157 Senate The Senate met at 3 p.m. and was ate now observe a moment of silence their time, our fellow Americans are called to order by the President pro for the victims of the Las Vegas at- always there to offer what they can tempore (Mr. HATCH). tack. when others are in need. f The PRESIDENT pro tempore. With- We thank these Americans and law out objection, it is so ordered. enforcement and the first responders PRAYER The Senate will now observe a mo- for everything they have done. We The Chaplain, Dr. Barry C. Black, of- ment of silence for the victims of the thank them for their efforts that con- fered the following prayer: attack in Las Vegas. tinue now. Let us pray. (Moment of silence.) We again send our condolences to ev- Eternal Lord God, we lift our hearts The PRESIDING OFFICER (Mr. eryone affected by this terrible trag- to You. Lord, please shower Your YOUNG). The majority leader is recog- edy. mercy on our Nation, as we seek to nized. f deal with the Las Vegas mass shooting. f Please show mercy to the victims and RESERVATION OF LEADER TIME their families. Lord, in spite of this LAS VEGAS MASS SHOOTING The PRESIDING OFFICER. Under horrific act, give us faith to believe Mr. MCCONNELL. Mr. President, the the previous order, the leadership time that evil will not ultimately prevail in news we awoke to this morning was is reserved. -
Progress Report on FCC Chairman Ajit Pai
Progress Report on FCC Chairman Ajit Pai One year ago, President Trump designated Ajit Pai as chairman of the Federal Communications Commission (FCC). Today we review Pai’s first year as chair, which was marked by a radical agenda that rolled back consumer protections and rubber-stamped corporate wish lists. 1. REPEALED NET NEUTRALITY ● Repealed the 2015 Open Internet Order, dismantling rules that had protected consumers from harmful practices by their internet service providers. The repeal gave big broadband companies such as Comcast, Verizon, and AT&T the power to charge new fees and pick winners and losers in the online marketplace. ● Ignored widespread complaints of identity fraud and alleged DDoS attacks that prevented Americans from submitting comments about net neutrality. ● Stonewalled numerous requests to publicly disclose documents related to net neutrality. ● Exempted most broadband providers from the 2015 Open Internet Order’s transparency rule, leaving millions of customers in the dark about their providers’ policies. ● Pulled the plug on the FCC’s investigation of “zero-rating” plans, leaving no cop on the beat to monitor whether broadband companies are using zero rating to violate net neutrality. 2. ABANDONED CONSUMER PRIVACY ● Supported a Congressional Review Act resolution to repeal the FCC’s broadband privacy rules. Congress repealed the rules in March despite widespread public outcry. ● Blocked a data security rule that would have required broadband providers like AT&T and Comcast to take “reasonable measures” to secure their customers’ data. 3. PUT INDUSTRY AHEAD OF CONSUMERS ● Killed a proceeding to reform the badly broken set-top box market, ensuring that consumers will continue to be forced to pay exorbitant fees for inefficient cable equipment. -
Oversight of the Federal Communications Commission
S. HRG. 114–175 OVERSIGHT OF THE FEDERAL COMMUNICATIONS COMMISSION HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION MARCH 18, 2015 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 98–498 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:32 Feb 08, 2016 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\98498.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii JERRY MORAN, Kansas EDWARD MARKEY, Massachusetts DAN SULLIVAN, Alaska CORY BOOKER, New Jersey RON JOHNSON, Wisconsin TOM UDALL, New Mexico DEAN HELLER, Nevada JOE MANCHIN III, West Virginia CORY GARDNER, Colorado GARY PETERS, Michigan STEVE DAINES, Montana DAVID SCHWIETERT, Staff Director NICK ROSSI, Deputy Staff Director REBECCA SEIDEL, General Counsel JASON VAN BEEK, Deputy General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director CLINT ODOM, Democratic General Counsel and Policy Director (II) VerDate Nov 24 2008 10:32 Feb 08, 2016 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\98498.TXT JACKIE C O N T E N T S Page Hearing held on March 18, 2015 ........................................................................... -
The High Cost of Doing Nothing on Net Neutrality Introduction
ISSUE BRIEF: Q4 2019 UPDATE THE HIGH COST OF DOING NOTHING ON NET NEUTRALITY INTRODUCTION Business Forward has organized hundreds of briefings across the country on technology and innovation, collecting recommendations from local business leaders on a range of issues, from how to protect IP to helping small businesses use the internet to find new markets. Few issues are as important – or contentious – as net neutrality. This issue brief explains why net neutrality matters and offers a path to achieving it. The term “net neutrality” was coined in 2003, capturing the belief that the best way to ensure an open and vital internet is to prevent network operators from interfering with traffic to favor data from some sites or applications over others. Without net neutrality, network operators could censor viewpoints, stifle startups by charging exorbitant tolls, or undermine competition by favoring their own web offerings over their competitors’ offerings. With net neutrality, companies operating at the “edge” of the network are more likely to invest in distance learning, telemedicine, media streaming, and other new, data-intensive businesses. FOUR DIFFERENT FCC CHAIRS, SERVING TWO PRESIDENTS, SUPPORTED NET NEUTRALITY PRINCIPLES, POLICIES OR RULES – BUT THEY LACKED CONGRESSIONAL AUTHORITY TO ENFORCE THEM. The FCC began working on ways to promote net neutrality in 2004. Four different FCC chairs (Michael Powell, Kevin Martin, Julius Genachowski, and Tom Wheeler) serving two presidents (George W. Bush, Barack Obama) issued net neutrality principles, policies or rules. But federal courts or subsequent FCC orders struck down these efforts. Martin’s “policy statement” was found to be unenforceable because it wasn’t a formal regulation. -
Reporting, and General Mentions Seem to Be in Decline
CYBER THREAT ANALYSIS Return to Normalcy: False Flags and the Decline of International Hacktivism By Insikt Group® CTA-2019-0821 CYBER THREAT ANALYSIS Groups with the trappings of hacktivism have recently dumped Russian and Iranian state security organization records online, although neither have proclaimed themselves to be hacktivists. In addition, hacktivism has taken a back seat in news reporting, and general mentions seem to be in decline. Insikt Group utilized the Recorded FutureⓇ Platform and reports of historical hacktivism events to analyze the shifting targets and players in the hacktivism space. The target audience of this research includes security practitioners whose enterprises may be targets for hacktivism. Executive Summary Hacktivism often brings to mind a loose collective of individuals globally that band together to achieve a common goal. However, Insikt Group research demonstrates that this is a misleading assumption; the hacktivist landscape has consistently included actors reacting to regional events, and has also involved states operating under the guise of hacktivism to achieve geopolitical goals. In the last 10 years, the number of large-scale, international hacking operations most commonly associated with hacktivism has risen astronomically, only to fall off just as dramatically after 2015 and 2016. This constitutes a return to normalcy, in which hacktivist groups are usually small sets of regional actors targeting specific organizations to protest regional events, or nation-state groups operating under the guise of hacktivism. Attack vectors used by hacktivist groups have remained largely consistent from 2010 to 2019, and tooling has assisted actors to conduct larger-scale attacks. However, company defenses have also become significantly better in the last decade, which has likely contributed to the decline in successful hacktivist operations. -
Google V. Hood
Case 3:14-cv-00981-HTW-LRA Document 37-1 Filed 01/22/15 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION GOOGLE, INC. PLAINTIFF VS. CIVIL ACTION NO. 3:14-cv-981-HTW-LRA JIM HOOD, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, IN HIS OFFICIAL CAPACITY DEFENDANT PROPOSED MEMORANDUM OF AMICUS CURIAE INTERNATIONAL ANTICOUNTERFEITING COALITION I. INTEREST OF AMICUS CURIAE The International AntiCounterfeiting Coalition (“IACC”) is a nonprofit corporation recognized as tax-exempt under Internal Revenue Code § 501(c)(6). It has no parent corporation, and no publicly held corporation owns 10% or more of its stock. The IACC was established in 1979 to combat counterfeiting and piracy by promoting laws, regulations, directives, and relationships designed to render the theft of intellectual property undesirable and unprofitable. 1 Counterfeiting and piracy are scourges that threaten consumer health and safety and drain billions of dollars from the U.S. economy. The IACC is the oldest and largest organization in the country devoted exclusively to combating these threats. Today the IACC’s members include more than 230 companies in the pharmaceutical, health and beauty, automotive, fashion, food and beverage, computer and electronics, and entertainment industries, among others. The IACC offers anti-counterfeiting programs designed to increase protection for patents, trademarks, copyrights, service marks, trade dress and trade secrets. Critical to the IACC's 1 IACC states that no party’s counsel authored this brief in whole or in part; no party or party’s counsel contributed money that was intended to fund preparing or submitting this brief; and no person, other than the amicus curiae and its members, contributed money that was intended to fund preparing or submitting this brief. -
Social Media Immunity in 2021 and Beyond: Will Platforms Continue to Avoid Litigation Exposure Faced by Offline Counterparts
Social Media Immunity in 2021 and Beyond: Will Platforms Continue to Avoid Litigation Exposure Faced by Offline Counterparts By: Peter J. Pizzi Peter J. Pizzi, CIPPE/US, is a business trial lawyer with decades of experience in commercial litigation, internal investigations, technology litigation, eDiscovery, and labor and employment law. A Certified Civil Trial Attorney, Peter represents corporate clients in a broad array of industries, including healthcare, pharmaceuticals, financial services, information technology, cosmetics, industrial equipment, food service and others. Recent highlights include a federal court jury verdict on a contract claim arising from an acquisition and pre-discovery dismissals of consumer class actions in the convenience store retail and private aviation industries. A member of the New Jersey, New York and Pennsylvania bars, Peter is former Chair of IADC’s Cyber Security, Data Privacy and Technology Committee. URING the 2020 election cycle, companies from being held liable for both the United States transmitting or taking down user- D presidential candidates generated content (UGC). Twice in called for changes to Section 230 of 2020, the Senate held hearings, with the Communications Decency Act of both sides demanding change to the 1996, which protects online service statute and to platform moderation providers like social media practices.1 Then, following the 1 Cat Zakrzewski and Rachel Lerman, The election was a chance for Facebook and Twitter to show they could control misinformation. Now lawmakers are grilling them on it, WASH. POST (Nov. 17, 2020), https://www.washingtonpost.com/techno 2 DEFENSE COUNSEL JOURNAL | JULY 2021 January 6, 2021 Capitol Hill riot, I. Origins Donald Trump and others within his circle were de-platformed by Defamation actions brought in Twitter, Facebook, and YouTube. -
How Indirect Intermediaries Shape Online Speech
Mitchell 1 Anna Mitchell Professor Nate Persily INTLPOL 323 December 16, 2018 Hidden Censors: How Indirect Intermediaries Shape Online Speech 1. Introduction “Literally, I woke up in a bad mood and decided someone shouldn’t be allowed on the internet. No one should have that power.” After a whirlwind five days of social media protests and internal tension, Matthew Prince, the CEO of Cloudflare, an Internet-services company, decided to terminate its contract with The Daily Stormer. The Internet’s most popular neo-Nazi website had vanished from the Web.1 Cloudflare’s content distribution network (CDN), improving the Stormer’s performance and protecting it from distributed denial of service (DDoS) attacks, had allowed the site to stay afloat for months or years. But that changed in 2017 during a period of tense racial relations in the United States. From August 11 to 12, the Daily Stormer helped organize the white supremacist Unite the Right rally in Charlottesville, Virginia. Soon after, it published articles calling murdered protestor Heather Heyer a “sloppy lard ass” and labeling her death an accidental heart attack.2 Reaction was swift. The next day, activist Amy Suskind tagged web hosting service GoDaddy in a Twitter post: “@GoDaddy you host The Daily Stormer - they posted this on their site. Please retweet if you think this hate should be taken down & banned.”3 Within 24 hours, GoDaddy responded by withdrawing hosting services. When the Stormer tried to switch to Google, it soon followed suit.4 Zoho refused to provide email service,5 and Twitter shut down Mitchell 2 associated accounts.6 With multiple major companies withdrawing services, it became increasingly difficult for the Stormer to host and propagate content.