House Republicans Against CDA S. 230 Repeal, Favor Rewrite With Democrats

FCC Chairman Ajit Pai told C-SPAN's The Communicators (see 2101080026) he won’t act on a rulemaking on Section 230, which Trump initiated with a petition from NTIA (see 2101050060). "Given the results of the election, there is simply not sufficient time to complete the administrative steps necessary to complete that rulemaking,” Pai said Thursday. There’s "bipartisan consensus among elected officials that the law should be changed," he said in the episode released Friday and being televised this weekend. He noted Trump and President-elect Joe Biden say they want the section repealed. What to do legislatively here is "a very complicated issue, one that I think Congress will have to study and deliberate on very carefully," Pai said.

“I don’t see” Congress “getting rid of” Section 230 because “that would be a pretty radical approach,” House Communications Subcommittee ranking member Bob Latta, R-Ohio, told us. Updating the statute is something Congress needs to do on a bipartisan basis, he said: “A lot of conservatives” are “discriminated against” and have their material taken down.

“It needs to be amended, and I think we need to decide the extent of what the bulletin board immunity is,” said Rep. Ken Buck, R-Colo. “It’s being misapplied now, but I think an all-out repeal, one, is unlikely to pass the Senate, and two, is maybe over-broad.” The House Judiciary Committee member urged the House Commerce Committee to hold hearings and decide how to move forward.

Don't “do away with the entire Section 230,” said Rep. Greg Steube, R-Fla. He sought support for his bill, which would limit the section's immunity for dominant platforms and create a private right of action for individuals with First Amendment claims. “That would curb the abuses we see happening,” he said. “Tech companies would be much more reluctant knowing the liability that could come if they’re not acting in good faith.”

Agreement is “universal” that changes are needed, not that it should be repealed, said House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill. Her subcommittee will “definitely” have it on the agenda to hold platforms accountable without “eliminating” free speech: “There is a route to do that.” Her 230 legislation (see 2009240062) isn’t “complete yet,” she said; the subcommittee is deciding how comprehensive it should be. The statute will be a priority for the first 100 days, she said.

A repeal isn’t the right approach, said Rep. Jerry McNerney, D-Calif., and further carve-outs need to be considered. This law has been helpful in encouraging commerce, but the damage, in terms of misrepresenting the truth, is apparent, he said: “We need to tweak it somehow.”

Trump’s approach of trying to attach a repeal to must-pass legislation was “wrong,” said Rep. Doris Matsui, D-Calif.: Section 230 and spending bills aren’t “related at all.” Congress has a role and must debate the issue, she added: “Just getting rid of it isn’t going to do the trick at all.”

CTA commends Pai for not issuing a Section 230 rulemaking, tweeted CEO Gary Shapiro: “Doing what’s right isn’t always easy. We appreciate Pai’s commitment to free speech and thoughtful approach throughout this process.”

There’s no question social media played a role in the Capitol “take-over,” Mozilla Foundation CEO Mitchell Baker blogged Friday: “The answer is not to do away with the internet, but to build a better one that can withstand and gird against these types of challenges.” Baker recommended more transparency about advertising payments and algorithms and tools for amplifying factual information over disinformation.