Note: This was originally published as the daily newsletter at the Columbia Journalism Review, where I am the chief digital writer
Over the past several years, Congress has held a seemingly never-ending series of hearings into “Big Tech,” the handful of companies that control much of our online behavior: Facebook, Twitter, and Google. They’ve looked into whether the platforms allowed foreign agents to influence the 2016 election, whether their algorithms suppress certain kinds of speech, and whether they harm young women, and in many cases these hearings have been a forum for grandstanding. This week saw another in the series, a hearing by the House Energy and Commerce Committee, called “Holding Big Tech Accountable: Targeted Reforms to Tech’s Legal Immunity.” The subject of the hearing was a piece of legislation that has been an ace in the hole for the platforms in all of their other congressional appearances: Section 230 of the Communications Decency Act.
This clause protects electronic service providers from liability for the content posted by their users — even if that content is harmful, hateful, or misleading — and for the past few years, pressure has been building within Washington to somehow find a way around it. That pressure came to a head when former president Donald Trump signed an executive order in 2020 asking the Federal Trade Commission to do something about Section 230 (even though the agency has no legal right to do so). Before he became president, Joe Biden said that he believed Section 230 “needs to be revoked, immediately,” and since he took office a number of legislative proposals have been put forward in an attempt to do that, including a recent one from Democratic Senator Amy Klobuchar, which would carve out an exception for medical misinformation during a health crisis, making the platforms liable for distributing anything the government defines as untrue.
Republican members of Congress have introduced their own similar proposals for a host of other Section 230 carve-outs, aimed at forcing platforms to keep certain kinds of content (conservative speech), while forcing them to remove others (cyber-bullying, etc.). This week’s hearing was held to consider a number of other pieces of similar legislation aimed at weakening or even dismantling Section 230. They include one supported by four of the top Democratic members of the Energy and Commerce Committee, called “The Protecting Americans From Dangerous Algorithms Act,” which would expose the platforms to lawsuits for making personalized recommendations to users that cause them harm. At least some of the hearing was taken up — as many previous ones have been — with statements from Republican members about how platforms like Facebook and Twitter allegedly censor conservative content (which studies have shown is not true).
Continue reading “Making platforms liable for algorithms is easier said than done”









