Attorney General Barr Criticizes Section 230 of Communications Decency Act

Attorney General Barr Criticizes Section 230 of Communications Decency Act

WASHINGTON — Attorney General William Barr criticized Section 230 of the Communications Decency Act at a Justice Department workshop Wednesday, claiming the tech company liability shield acts as a deterrence to law enforcement efforts. 

Section 230 is the exemption carved out in the original 1996 legislation that specifically does not hold websites legally liable for content posted by third parties. The section has been instrumental in the growth of tech giants like Facebook and YouTube, which rely on third party content to power their business models. 

"We are concerned that internet services, under the guise of Section 230, can not only block access to law enforcement — even when officials have secured a court-authorized warrant — but also prevent victims from civil recovery," Barr said of the exemption, as reported by Law360's Mike LaSusa. 

While he criticized the exemption's effect on law enforcement, Barr attempted to have it both ways by praising the exemption as necessary to the constitutional right to free speech.

It's important to "recognize the benefits that Section 230 and technology have brought to our society, and ensure that the proposed cure is not worse than the disease," he said.

His opening act, FBI Director Chris Wray, also attempted to have his cake and eat it, too, regarding online liability.

"We have to ensure that our businesses can continue to innovate," he said. "But we know that we can have both a spirited, entrepreneurial internet and safe, secure online and real-world, flesh-and-blood communities."

The first legislative exemption to Section 230 was enacted in 2018. FOSTA-SESTA was a legislative package that passed the U.S. House and Senate and was ostensibly designed to curb sex trafficking. The legislation had the additional consequence of putting a chill on non-trafficked sex workers' ability to advertise online on many of the platforms they previously used as a screening process for potential clients.

Legislation is currently being considered for a study on the effects on sex workers of those bills.

Recently, Barr was petitioned by four Republican members of Congress who implored him to use existing obscenity laws to crack down on adult content creators and the adult industry. Whether Barr's latest comments are related to that request is unknown.

Another exemption to Section 230 is currently being pursued through legislation sponsored by Republican Senator Josh Hawley (R-Mo.). The Orwellian-sounding Ending Support for Internet Censorship Act is designed to force tech companies to prove that third-party content posted on their platforms is not politically biased in order to maintain their Section 230 protections. That bill was introduced in June 2019.

Image: Washington.org

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

MyMember.site Rolls Out 'TantumPay' Solution

MyMember.site has debuted its TantumPay payment processing solution.

StreamPayments Joins ASACP as Corporate Sponsor

Payment service provider and consultancy firm StreamPayments has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

AdultHTML Introduces Custom AI Projects Development Service

AdultHTML has introduced its customizable AI projects development service.

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

BranditScan Launches Public API, Affiliate Program

BranditScan has launched a public API and a new affiliate program enabling creator platforms to integrate the company’s anti-piracy services and earn recurring commissions.

Kenna James, Derek Kage Cap AEBN's Top Stars for 2nd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the second quarter of 2026.

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

Show More