The Internet Association will testify Wednesday before the Senate Judiciary Committee during a hearing on Section 230 legislation (see 2003050066) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn. Witnesses are: IA Deputy General Counsel Elizabeth Banker, National Center for Missing & Exploited Children Vice President-Exploited Children Division John Shehan, Match Group Chief Legal Officer and Secretary Jared Sine, Catholic University of America law professor Mary Leary and NCMEC Team Hope member "Nicole."
Section 230
Sens. Lindsey Graham, R-S.C., and Richard Blumenthal, D-Conn., introduced long-anticipated legislation Thursday (see 2002070052) that would alter Section 230, exposing online platforms to civil liability for violating child sexual abuse material-related laws. The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (Earn It Act) was introduced with Senate Judiciary Committee ranking member Dianne Feinstein, D-Calif., and Sen. Josh Hawley, R-Mo. Additional sponsors are Kevin Cramer, R-N.D.; Doug Jones, D-Ala.; Joni Ernst, R-Iowa; Bob Casey, D-Pa., Sheldon Whitehouse, D-R.I.; and Dick Durbin, D-Ill.
U.S. Trade Representative Robert Lighthizer should leave Section 230-like protections out of future trade deals, House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., said during a hearing Wednesday. She wrote a letter to Lighthizer last week, joining House Commerce Committee Chairman Frank Pallone, D-N.J., and ranking member Greg Walden, R-Ore., with the same request (see 1908060064).
The Senate Judiciary Committee will soon hold a hearing on Section 230 of the Communications Decency Act and legislative proposals (see 2002210057), Chairman Lindsey Graham, R-S.C., told reporters Tuesday.
Section 230 of the Communications Decency Act remains a vital tool for allowing innovation and startups to grow, Sen. Ron Wyden, D-Ore., told reporters Tuesday, the day after another legislator threatened the tech industry’s liability shield with a legislative proposal (see 2002240051). “It’s just as important now as it was then, and the big guys are always ... looking to have more tools to dominate the little guys,” said Wyden, an author of Section 230. “Our constituency was always for the disruptor, the innovator, the person who is willing to take on the powerful and entrenched interests.”
NAB members readied Monday for Capitol Hill meetings on the industry group’s 2020 legislative priorities, including their position on the FCC’s plans for auctioning spectrum on the 3.7-4.2 GHz C band and restoring the minority tax certificate program. NAB CEO Gordon Smith and others lauded the group’s recent legislative victories, including Congress scaling back the distant-signal compulsory license during the Satellite Television Extension and Localism Act reauthorization last year (see 1912190068). Matthew Berry, FCC Chairman Ajit Pai’s chief of staff, continued to tease a potential commission appeal to the Supreme Court of the 3rd U.S. Circuit Court of Appeals' Prometheus IV decision.
Platforms should take on more civil liability for terror- and murder-related content, advocates said in interviews two days after Attorney General Bill Barr said Section 230 of the Communications Decency Act potentially blocks victims from seeking civil recovery (see 2002190056). The topic is gaining steam on Capitol Hill (see 2001280059).
YouTube illegally deceives users by “allowing violent murder videos” to spread in violation of its terms of service, gun safety advocate Andy Parker alleged in an FTC complaint Thursday. The agency confirmed it received the complaint, and Google defended its “vigilant” policy enforcement record against such content. Google’s “reprehensible and ongoing failure” to remove these monetized videos from YouTube is illegal under the FTC Act, which polices unfair and deceptive practices, Parker said at the National Press Club. Parker’s complaint stems from a video of his 24-year-old daughter, a reporter who was assassinated on live TV in 2015 (see 2002030059). He told us he’s also floating legislative proposals to the offices of Sens. Mark Warner and Tim Kaine, both Virginia Democrats. He planned to meet with their offices after the news conference to discuss proposals that would amend Section 230 of the Communications Decency Act to address “targeted harassment, hate speech and murder videos.” Google’s Community Guidelines are “designed to protect the YouTube community, including those affected by tragedies,” a spokesperson said. Policies prohibit such videos, and the platform has removed thousands of copies of the video for violating policies, the spokesperson said: “We will continue to stay vigilant and improve our policy enforcement.” Georgetown University Law Center's Civil Rights Clinic helped Parker file the complaint. A separate Georgetown clinic filed a 2018 complaint against Google involving child-directed content. That proceeding resulted in a $170 million fine against Google from the FTC and the Office of the New York Attorney General (see 1909040066). Offices for Kaine and Warner didn't comment.
Foreign Investment Risk Review Modernization Act (FIRRMA) implementation is in its early days, with new rules taking effect last week, but it's generally assumed the number of transactions coming under Committee on Foreign Investment in the U.S. (CFIUS) jurisdiction will quadruple, said David Plotinsky, DOJ National Security Division principal deputy chief, at an FCBA CLE event Wednesday. He said the number of telecom deals subject to CFIUS also likely will quadruple, though there's less concern about deals on "the pipes" of telecom than on data. CFIUS experts said prospective deals now have to take CFIUS issues and possible mitigation steps into consideration early in the planning.
DOJ is considering whether Section 230 creates the right incentives for platforms to maintain a safe internet, said Attorney General William Barr Wednesday. Tech companies are no longer underdog upstarts but titans of U.S. industry, he said during a workshop on Section 230 of the Communications Decency Act: “Given this changing technological landscape, valid questions have been raised on whether Section 230’s broad immunity is still necessary, at least in its current form.”