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 © 2024 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

Fleshy to Launch Interactive Cam Site 'Eremote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eremote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Byborg Invests $22.35M in PLBY Group

Luxembourg-based Byborg Enterprises SA is investing $22.35 million in Playboy parent company PLBY Group.

Supreme Court to Hear Oral Arguments on Texas AV Law in January

The United States Supreme Court has scheduled oral arguments for Free Speech Coalition's challenge to Texas’ age verification law to take place Wednesday, Jan. 15.

2025 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2025 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 15 in conjunction with the XBIZ 2025 conference.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Show More