After Wyden Comments, Hawley Defends Efforts to Regulate Platform Content Decisions
Government should verify whether platforms are moderating content fairly, Sen. Josh Hawley, R-Mo., said Thursday in defense of a bill that would dramatically alter the tech industry’s Section 230 immunity (see 1906190047). “Government’s not policing speech [under the new bill],” he told reporters in response to comments from Sen. Ron Wyden, D-Ore. “These companies themselves aren’t speaking. They are moderating others’ content, so they are moderating others’ speech.”
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Wyden noted a “tidal wave” of conservatives coming out against efforts to weaken Section 230 of the Communications Decency Act, which Wyden authored, speaking to reporters after a Computer and Communications Industry Association event. President Donald Trump and Attorney General William Barr shouldn’t determine content decisions for platforms, he said. Another solution is to hold corporate executives personally liable (see 1811010044) for their misdeeds, Wyden said.
Wyden has “a different view about Section 230,” Hawley told reporters in a conversation separate from Wyden. He noted Wyden opposed legislation passed last year that alters immunity protection for anti-sex-trafficking purposes (see 1805020053). Wyden feared the anti-sex-trafficking legislation would “destroy” the internet, Hawley said: “I think that’s turned out to be a wrong prediction. It has not broken the internet. It’s still functioning quite well, thank you very much.”
Section 230 is about protecting free speech, as well as startups, Wyden said, saying the provision is responsible for creating at least $1 trillion in economic activity. It allows entrepreneurs to invest in platforms that host content, he said, arguing social media wouldn't exist without it.
Hawley said he plans to introduce another bill this week on platform content decisions. The bill, for which he has no co-sponsors, would require YouTube to stop using autoplay and auto suggestion algorithms for videos featuring minors. It’s a response to New York Times reporting on “how YouTube’s algorithm automatically curates home videos of children for pedophiles.” Hawley urged YouTube to put children’s safety ahead of profits. “The idea is just to stop pedophiles and predators whose viewing history suggests they like videos with minors, to stop YouTube from suggesting more videos to them and thereby exposing more children to them,” Hawley said. Predators can proactively search for children’s content but referring it to them “is a whole other thing, and YouTube can curb that, and they should.” Google, which owns YouTube, didn’t comment.
The FTC is reportedly wrapping up an investigation of YouTube (see 1906190045) for improperly collecting kids' data from targeted videos. Sen. Richard Blumenthal, D-Conn., noted he has urged such an investigation. “It’s good. I think the FTC should investigate this,” Sen. Brian Schatz, D-Hawaii, told reporters. “I think they’ve been playing a constructive role.”
Google will testify Tuesday before the Senate Communications Subcommittee (see 1906180036), which ranking member Schatz will lead with Chairman John Thune, R-S.D. It’s another opportunity for oversight and to see “what’s happening in the industry and what things we need to be doing to make sure that we stay on the innovative and creative cutting edge,” Thune told us.
Hawley's Section 230 bill "is almost certainly unconstitutional and would allow an unprecedented level of online censorship by creating a 'speech license' -- letting political appointees decide what online speech is appropriate under vague definitions and standards," said CTA Senior Vice President Michael Petricone.