By: Ryan Johnston
On February 8, 1996 then President Bill Clinton signed into law the Communications Decency Act (CDA). The Act sought to regulate both indecency and obscenity on the internet. Section 230 (c)(1) provides “no provider of user or an interactive service shall be treated as the publisher or speaker of any information provided by another information content provider.” This effectively allows an internet service provider to claim immunity in the event a suit is brought against them for
[A]ny 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 any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
However, Section 230 does not protect against violations of federal law by service providers. Continue reading “SESTA: Congressional Overregulation and Misunderstanding of the Internet”