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Lawmakers Seek End to CDA S. 230 Language in Future Trade Pacts

Sen. Mark Warner, D-Va., and three other senators urged the Trump administration Friday to stop using tech liability protection language akin to Communications Decency Act Section 230 in a U.S.-U.K. trade agreement and future agreements. House Consumer Protection Subcommittee Chair…

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Jan Schakowsky, D-Ill., and Rep. Greg Steube, R-Fla., seek a wider ban on Section 230-like language in future trade agreements as part of an FY 2021 appropriations omnibus package that was under negotiation Friday. Congress was expected that night to have approved a two-day continuing resolution to continue funding the federal government while talks continue. The amendment would prevent the Office of the U.S. Trade Representative from “giving more handouts to big tech companies by blocking any Ambassador from continuing to promote this misguided and misapplied law in any future trade negotiations,” Schakowsky and Steube wrote colleagues. “Congress can and should debate about Section 230 and how it has enabled platforms to turn a blind eye as their platforms are used to facilitate discrimination, cyber-stalking, terrorism, online frauds, and more,” Warner and the other senators wrote U.S. Trade Representative Robert Lighthizer. “We urge USTR to refrain from including this provision in this and future free trade agreements until that debate has concluded.” They’re “optimistic that a new trade agreement with the United Kingdom will ensure fair, balanced, and reciprocal trade. But we want to note that we have concerns with the inclusion of safe harbor language modeled on” Section 230. “Including a safe harbor clause in any future trade agreements will further allocate more power to companies at the expense of individuals,” the senators said. The other senators signing were Richard Blumenthal, D-Conn.; Chuck Grassley, R-Iowa; and Rob Portman, R-Ohio.