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I've seen this question come up a few times, and some of it is answered in this post from a few years ago, but let me try to answer @opinionhaver.bsky.social's question directly since he asks this every time 230 comes up. www.techdirt.com/2020/06/23/h...

techdirt.comHello! You've Been Referred Here Because You're Wrong About Section 230 Of The Communications Decency ActHello! Someone has referred you to this post because you’ve said something quite wrong about Section 230 of the Communications Decency Act. I apologize if it feels a bit cold and rude to resp…
William B. Fuckley@opinionhaver.bsky.social

genuine question, what is the argument against doing this in terms of what would actually happen (not the legal technicalities, the actual real world impacts), and why it would be worse than what is happening right now?

237 reposts673 likes

And you can confirm this by looking at what happened to small forums in the wake of the UK's Online Safety Act: thousands of small forums shut down because they would not be able to handle the liability

I think 230 repeal would have an impact on large social media sites. Their algorithms would surely be considered part of their editorial voice and could be brought up in libel or defamation cases. And subject to discovery.

Such a case would fail under 1A grounds in the end. Under pre-230 law, you needed actual knowledge of content violating the law to be held liable. And no algorithm could have actual knowledge.

What about the case of an algorithm that is written to promote and amplify certain content. Perhaps even a particular lie. For example, if the algorithm specifically identified "stop the steal" lies and showed that content at a higher rate than other content. The algorithm is part of the lie.

Most "stop the steal" content did not violate the law. And it can't be *general* knowledge that "some of this content violates the law." It has to be *actual* knowledge, as in *a human being knew that THIS particular piece of content was against the law*.

When you say "Indeed, it applies to every website on the internet and every user of those websites.", do you mean in the USA? I'm not sure US law is that useful in China, Europe, Asia or even Canada. Or are you thinking foreign sites need to block USA to ensure US lawyers stay away?

The real issue is you NEED to understand how 230 and the First Amendment intersect. This is a key thing that many people get wrong. The underlying issue is that MOST THINGS that companies would get sued over hosting/promoting/etc are all protected by 1A. Now, that leads some to say...

"Well, then, we really don't need 230 since 1A will protect." But that's wrong, as @ericgoldman.bsky.social neatly lays out in this paper. 230 provides a procedural benefit to get rid of *frivolous* cases *that would lose* but does so much earlier. papers.ssrn.com/sol3/papers....

papers.ssrn.comWhy Section 230 Is Better Than the First Amendment47 U.S.C. § 230 (“Section 230”) immunizes Internet services from liability for third-party content. This immunity acts as a crucial legal foundation for the mod

The *practical* difference, especially for smaller entities, is MASSIVE. Basically it will get a case tossed out for ~$100k rather than over $2mil. For a massive multi-billion company (Meta, Google, etc) with buildings full of lawyers, the difference is minimal.

Yes, they will have to pay a little bit more, but rounding error levels. For a smaller entity, the difference is existential. And that means that smaller entities will have terrible options: (1) shut down (2) cave to basically any legal threats (3) stop allowing users to communicate or...

Why wouldn’t these cases increase as the number of users/posts does? The more content the greater your liability exposure. This seems to take as given that both Bluesky and meta will face the same number of these cases, but there’s an order of magnitude more content on one.