There's Something About Section 230
Plus the FTC and FCC are still seeking to extend their authority
Section 230: Corbin’s latest piece in Reason examines Gonzalez v. Google—the first case on Section 230 to be argued at the Supreme Court. Corbin also digs into Section 230’s history, its implementation, its benefits (and costs), some fallacies about it, and why it’s so important. For more, see (and promote) Corbin’s Twitter thread.
Ari takes aim at the case in an interview with S&P Global. “Sometimes [platforms] are going to fall short, but to impose liability because sometimes they didn't succeed doesn't make sense if you actually want the internet to be any safer.”
In a discussion with The National Law Journal (paywall), Ari scrutinized a recent Fourth Circuit decision regarding Section 230 and data brokers, warning that the court made missteps in its analysis that imperil everyday online functionality that we all take for granted.
FTC: The FTC released a policy statement Thursday on their intent to exercise full legal authority on whether business practices constitute unfair methods of competition. Berin’s Twitter thread explains why this breaks with the “Rule of Reason” by inventing an entirely new body of competition law. Stay tuned for more.
Space Law: Last week, we issued a press release applauding the FCC’s decision to stand up an independent Space Bureau, but cautioning that its statutory authority over regulating activities in outer space is limited to the spectrum. We’ve raised similar concerns in our comments on the FCC’s In-space Servicing, Assembly, and Manufacturing (ISAM) proceeding. Jim’s comments were also quoted in Broadband Breakfast and Law360.
Section 230 protects platforms from all types of third-party publishers!