Attorney General William Barr is taking aim at a legal shield enjoyed by companies such as Alphabet Inc.’s Google and Facebook Inc. as the provision comes under increasing fire from both liberals and conservatives.
Barr has accused social media companies of hiding behind a clause that gives them immunity from lawsuits while their platforms carry material that promotes illicit and immoral conduct and suppresses conservative opinions.
The attorney general convened a workshop Wednesday, featuring many of the tech companies’ critics, to explore potential changes to Section 230 of the Communications Decency Act, which was passed in 1996 and has been credited with allowing the then-fledgling internet to flourish.
The Justice Department “is concerned about the expansive reach of 230 immunity,” Barr said in his opening remarks. “But we’re not here to take a position, we’re here to convene a discussion.”
Barr said 230 liability is relevant to the Justice Department’s ability to “combat lawless spaces online.” He could instruct his Justice Department to explore ways to limit the provision, which protects internet companies from liability for user-generated content.
The technology platforms warn that any changes in their legal shield could fundamentally alter their business models and force them to review every post, making it impossible for all but the biggest companies to operate.
Barr and lawmakers from both political parties have blamed Section 230’s sweeping legal protections for allowing what they see as irresponsible behavior by the big technology companies.
The shield has allowed internet giants “to absolve themselves completely of responsibility for policing their platforms, while blocking or removing third-party speech -- including political speech -- selectively, and with impunity,” Barr said in a December speech to a gathering of state attorneys general.
FBI Director Christopher Wray is also addressing the workshop, along with a range of lawyers, academics, child advocates, tech critics, and trade groups. Some of the speakers, such as a representative from the National Center for Missing and Exploited Children, have expressed concerns about how the law is currently written, or called for changes.
Others argue that the law should be left alone, including the Computer & Communications Industry Association, a tech trade group that counts Google and Facebook as members. The Justice Department also plans to host private listening sessions.