House E&C Committee Democrats Press Tech Companies on COVID-19 Information
Democrats on the House Energy and Commerce Committee led by Chairman Pallone (D-NJ) along with Congresswoman DeGette (D-CO) Chair of the Subcommittee on Oversight and Investigations, Congresswoman Schakowsky (D-IL) and Congressman Doyle (D-PA) sent a letter to Facebook along with other tech companies requesting more COVID-19 transparency on their platforms. The request seeks monthly reports on this issue which mirrors a similar request from the European Union.
Democrats on the House Energy and Commerce Committee led by Chairman Pallone (D-NJ) along with Congresswoman DeGette (D-CO) Chair of the Subcommittee on Oversight and Investigations, Congresswoman Schakowsky (D-IL) and Congressman Doyle (D-PA) sent a letter to Facebook along with other tech companies requesting more COVID-19 transparency on their platforms. The request seeks monthly reports on this issue which mirrors a similar request from the European Union. The letter discusses concerns around “a troubling rise of false or misleading information related to COVID-19 disseminated by domestic and foreign actors on platforms such as yours.”
We continue to see an increase in federal and state policymaking when it comes to technology companies. The threat of looming technology legislation will undoubtedly lead to increased regulation. It’s better to be prepared now by knowing the landscape and preparing your strategic options in order to navigate the increased scrutiny.
Lanton Law is a national boutique law and government affairs firm that focuses on technology and healthcare. If you are an industry stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.
Tech Companies and the Uncertain Future of §230
While there has long been controversy surrounding how far regulating the Internet should go, it seemed that the 2016 election has had major impacts on how and what information consumers should and should not see. From the spread of hate speech, to broadcasted violence to the confusion over what is “legitimate” news, one law is at the center of what the responsibilities are of an Internet Service Provider (ISP): 47 U.S. Code § 230.
While there has long been controversy surrounding how far regulating the Internet should go, it seemed that the 2016 election has had major impacts on how and what information consumers should and should not see. One law at the center of what the responsibilities are of an Internet Service Provider (ISP) is 47 U.S. Code § 230.
The law which is part of the Communications Decency Act (CDA), also called Title V of the Telecommunications Act of 1996, provides ISP’s with federal immunity to any cause of action that seeks to make ISP’s liable for information that originated with a third party service user.
Specifically, §230 states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Additionally, when it comes to civil liability:
“No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material…”
This law preempts any contradictory state oversight.
As the Internet and data sharing become more central in our lives, we are seeing more calls for regulatory oversight. Democrats have called for legislation on §230 as they believe that the law allows tech companies to not moderate content enough while the opposite viewpoint is being argued by Republicans. This fight continued into the eventual inclusion of §230 language in the recent passage of the new United States-Mexico-Canada Agreement (USMCA). While the tech industry views the inclusion of this language as necessary for legal certainty abroad, it remains to be seen whether we have heard the last of this domestic political argument.
There is no doubt that §230 has allowed both the Internet and tech companies to grow. However; with worries growing over privacy and who owns individual data, we expect questions to continue over how far policymakers can go in creating regulatory oversight without inadvertently creating a “chilling effect” on first amendment expression. If you are a technology or content stakeholder and you have questions about state or federal legislative/regulatory data policy, contact us so that we can help you strategize for upcoming developments.