Η government Donald Trump has proposed amendments to weaken Article 230 of the Communications Decency Act.
This law protects websites and applications from liability for content third parties. The proposal will make it more risky for websites to remove offensive content, and will remove web site immunity from hosting related content. terrorism, The abuse children or stalking in cyberspace.
Trump's amendment will also remove some protections for websites that do not adequately explain policies control of their content.
The new rules are an application of ideas of the Ministry of Justice that was released months ago. They cover two objectives for Article 230 reform: pushing web platforms for more aggressive pest removal, or illegal, content such as harassment and material sexual and discouraging them from removing content from conservative and far-right users, including misinformation and hate speech.
In essence, the protections that allow websites and applications to remove content they deemed "unacceptable" will be eroded. It will only protect websites from being sued for their surveillance decisions if they can demonstrate an "objectively reasonable belief" that the content was obscene, overly violent, promoting terrorism and violent extremism, self-harm or illegal.
Many of these decisions will still be covered by the First Amendment, but the removal of the Article 230 protections proposed by the Trump administration could spark legal battles over allegations of social media censorship.
Websites will also lose these protections if they do not state their surveillance practices "clearly and in detail" on the Internet, and will have to provide "timely notification" providing a specific explanation for the removal of content.
Conversely, if lawsuits are filed against websites for promoting illegal content on the internet, they will not be protected if they did so intentionally or requested illegal material. Also, they will not be protected if they ignore the notification of criminal activity.
According to the Attorney General William Barr, the Department of Justice has been debating Article 230 since early 2020, but is also responding to an executive order signed by Donald Trump in May. There are already several proposals to change it, although few have gone more than a simple introduction to Congress. The Justice Department reflects elements of the EARN IT Act, the PACT Act, and a recent bill by three Republican senators.
Lawyer and activist Carrie Goldberg - who has taken online platforms such as Grindr to court for allegedly promoting harassment - praised the proposal to facilitate the prosecution of platforms that deliberately allow harassment or refuse to act.