Judiciary Chairman Graham Gathering Input for Child-Related Section 230 Bill
Senate Judiciary Committee staff is meeting with tech industry officials and others about a child safety-related Section 230 bill, Chairman Lindsey Graham, R-S.C., told us (see 1907090062). “We’ve had some discussions with the tech community, and with some people on the committee. I don’t want to destroy the social media companies, but they’ve got to be more accountable.”
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Graham's office has explored concepts to improve platform practices for healthier youth viewing habits, and preventing predators from connecting with underage users on apps like Snapchat, a tech official noted. A committee spokesperson said that characterization is “too strong,” calling the committee’s current effort a “listening, learning and educational process.”
Sen. Richard Blumenthal, D-Conn., is also exploring proposals related to Communications Decency Act Section 230. He’s “thinking about what makes sense, and I don’t know that it will be mine alone, but I’m hoping to” formulate a proposal. “I’m interested in reforms on Section 230,” he told us.
Forcing platforms to earn liability protections is “an interesting idea,” Sen. Brian Schatz, D-Hawaii, told us. He’s reviewing the statute and weighing his own potential proposal. Section 230 and identity validation are levers to address bad behavior on platforms, Senate Intelligence Committee ranking member Mark Warner, D-Va., told us.
Sen. John Kennedy, R-La., isn’t ready to support removing content liability immunity based on platform behavior. He told reporters that legislators need to be wary of speech issues for 230: “I don’t want the government to decide what’s acceptable content.”
Legislation from Sen. Josh Hawley, R-Mo., that would have the FTC certify platforms are politically neutral in exchange for immunity drew criticism last week (see 1910160042). Like Kennedy, House Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers, R-Wash., said government shouldn’t be involved in determining what content is fair. Hawley said the speech concerns are “nonsense.” He told us his bill is “about protecting free speech and making sure these monopolist companies don’t shut it down.”
Companies aren’t entitled to “special treatment” and government subsidies, Hawley later told reporters, using subsidy to refer to immunity. “They shouldn’t get it if they’re going to discriminate, engage in content bias.” Facebook CEO Mark Zuckerberg conceded during his recent Capitol Hill visit that struggling with bias is a “long-standing” issue at the company, Hawley said. The senator also rejected any comparisons of his bill to the fairness doctrine: “The fairness doctrine is you force people to have equal time. What I’m saying is why should they get a government subsidy if they’re going to discriminate on the basis of political viewpoint.”
Zuckerberg testifies Wednesday before the House Financial Services Committee on Facebook’s Project Libra, the digital currency proposal that major partners abandoned (see 1910110062). The exit of Mastercard, Visa, eBay, PayPal and Stripe is “good news,” Senate Banking Committee ranking member Sherrod Brown, D-Ohio, told us: “They’re coming to realize they have a reputation. Some actually have ethics about this. They have a reputation, and I think they know this is a pretty bad idea. It’s a sinking ship, pretty clearly.”
Chairman Mike Crapo, R-Idaho, told us the Libra exits don’t give him any pause. “It’s just a factor," he said. "My understanding is they’ve got various reasons for why they dropped out. It doesn’t really change what we’re doing. We’re evaluating blockchain technology and the proposal.”
The committee may hold another hearing or additional hearings to evaluate the “various pieces of this, but we’re in the evaluation stage,” Crapo said. House Financial Services Committee Chair Maxine Waters, D-Calif., said of Wednesday’s hearing with Zuckerberg: “We’re just going to talk about it and find out where people are.”