US attorney-general Barr takes aim at legal shield for hate speech

US attorney-general William Barr. Picture: AFP/ANDREW CABALLERO-REYNOLDS

The attorney-general convened a workshop on Wednesday, featuring many of the tech companies’ critics, to explore potential changes to section 230 of the Communications Decency Act, which was passed in 1996 and has been credited with allowing the then-fledgling internet to flourish. Barr and legislators from both political parties have blamed section 230’s sweeping legal protections for allowing what they see as irresponsible behaviour by the big technology companies.The shield has allowed internet giants “to absolve themselves completely of responsibility for policing their platforms, while blocking or removing third-party speech — including political speech — selectively, and with impunity”, Barr said in a December speech to a meeting of state attorneys-general.

Others argue that the law should be left alone, including the Computer & Communications Industry Association, a tech trade group that counts Google and Facebook as members. The justice department also plans to host private listening sessions. Both groups seek changes to the shield that would increase companies’ liability as a solution. Legislators and tech policy experts from both sides of the aisle worry about children’s safety online as well as drug sales, harassment and stalking, among other issues. “A lot of people are angry for different reasons at the large platforms,” said Jeff Kosseff, a professor at the US Naval Academy who has written a history of the law and is also due to speak at the workshop.

When it comes to cases where online material exploits children, a draft bill from Republican senator Lindsey Graham of South Carolina, a top Trump ally, would only allow the companies to keep the liability shield if they follow a set of best practices. For example, they would be required to report and delete the material, but also preserve it for law enforcement.

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