Tag Archives: Hate speech

Babies and bathwater

Just attended an EFF-run ‘Fireside Chat’ with US Senator Ron Wyden (D-OR) on Section 230. As one of the original drafters of the legislation, the Senator was eager to point out the core values it was meant to shield from legal challenge, permitting the full deployment of constitutionally-protected speech online without imposing an undue burden of liability on those hosting such speech.

The Electronic Frontier Foundation and other digital rights organizations find themselves in a complicated political position, for, having spoken out against the risks and abuses originating from Big Tech long before there was widespread public consciousness of any problem, they now have to push against a bipartisan current that has crystallized in opposition to Section 230. Even some generalist news outlets have seized on the matter, giving scant play to the values and legitimate interests the law was originally intended to safeguard.

It seems fairly clear that mainstream political discourse has been extremely superficial in considering key aspects of the problem: Section 230 has become a symbol rather than a mere tool of governance. It may also be the case that the wide bipartisan consensus on its ills is in fact illusory, simply being a placemarker for incompatible views on how to move beyond the status quo, with the most likely outcome being paralysis of any reform effort. However, the risk that the imperative to do something cause the passage of hasty measures with lasting damage is real.

In a way, the present situation is the poisoned fruit of a narrative that linked the unfettered expansion of the Big Tech giants over the past decade to the libertarian and countercultural ideals of the early internet: when the former came to be perceived as intolerable, the latter were seen at best as acceptable collateral damage. Most of the popular animus against Section 230 that politicians are attempting to channel stems from resentment at the power of social media platforms and digital gatekeepers. Therefore (and although there may well be a case for the need to curb mindless amplification of certain types of speech online), perhaps antitrust action (in Congress or in the courts) is more suitable for obtaining the results the public seeks. Comparative policymaking will also be extremely relevant, as the European Union pursues its own aggressive agenda on content moderation, permissible speech, and monopoly power.