Out of the Section 230 Weeds: Internet Publisher-Providers
On Tuesday, the U.S. Congress continued to grapple with the potential implications of the Stop Enabling Sex Traffickers Act (SESTA). SESTA would carve out an exception to Section 230 of the 1996 Communications Decency Act, which is considered a bedrock upon which the modern Internet has flourished. If SESTA became law, websites that host ads for sex with children would be not be immune from state prosecutions and private lawsuits [although under 320(c)(1), websites are already subject to federal criminal law statutes].
Section 230 of the Communications Decency Act (c)(1) 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.” 230(c)(2) protects actors who proactively block and screen for offensive material. These provisions have allowed the Internet to grow and develop without the threat of lawsuits smothering its potential. If the websites of 1990 had been liable for everything their users posted, the Internet would look very different today.
Since 1996, the Internet has dramatically changed in ways unanticipated by the Communications Decency Act. The Internet provides the platform to publish material that can reach enormous numbers of people around Continue reading

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