Sen. Manchin Pushes for Anti-Section 230 Snitching Mandate Targeting 'Suspicious' Content

Sen. Manchin Pushes for Anti-Section 230 Snitching Mandate Targeting 'Suspicious' Content

WASHINGTON — West Virginia Senator Joe Manchin has renewed his efforts to erode Section 230 liability protections by inserting his extremely controversial “See Something, Say Something” bill into the must-pass National Defense Authorization Act.

Manchin’s proposal “would force companies to file ‘Suspicious Transmission Activity Reports’ (STAR) for basically anything ‘suspicious’ they see online,” TechDirt’s Mike Masnick reported today.

Back in 2020, Masnick published a detailed analysis of Manchin’s “dangerous, stupid” mandatory snitching bill, which Masnick labels “a direct attack on Section 230.” Manchin is now attempting to graft the provisions of that bill onto the NDAA as an unrelated “rider.” The NDAA is the annual legislative authorization of resources for the entire U.S. military.

“You know how under the law right now, if a website finds child sexual abuse material, it needs to report it to NCMEC?” Masnick writes. “Well, this law basically expands that to, well — everything. See someone mention drugs? File a report! See someone slightly mean to someone else? File a STAR. See someone joke about a bomb? STAR. On and on and on.”

Should such provisions become law, the potential for abuse and lawfare is self-evident. Organized, well-funded groups such as NCOSE and Exodus Cry could easily leverage the proposed system in order to further their mission of eradicating online pornography.

Masnick also points out that since Manchin’s proposal targets “known suspicious transmissions,” it could easily backfire and “actually encourage websites to take a less proactive approach to reviewing content, because they will claim that if they don’t look, they couldn’t have known.”

At the same time, Masnick notes, “See Something, Say Something” uses the “should have reasonably known” standard, so platforms could be forced to litigate over whether they “should have magically known about this bad thing found online.” Sites such as Twitter and Reddit, which tolerate adult content, and user-upload sites like OnlyFans and Pornhub, could expect to be challenged on such grounds by the same deep-pocketed anti-porn crusaders that have long had them in their sights.

Though nominally a Democrat, Manchin has become notorious for pushing back against his party and President Biden's agenda, and using his tie-breaking vote in the Senate to advance positions more aligned with the Republican party and Minority Leader Mitch McConnell.

Related:  

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

New California Law Tightens Restrictions on Online Subscription Auto-Renewals

California enacted a new law on Tuesday, AB 2683, which significantly tightens the rules regarding the automatic renewal of paid online website subscriptions.

Alabama Lawmaker Calls AV Law 'Successful' After Pornhub Withdrawal

Republican State Rep. Ben Robbins declared in a radio interview Wednesday that Pornhub’s decision to shut down access in Alabama indicates that the state’s new age verification law is “successful.”

New 'Digital Replicas' Law Protects California Performers

California Gov. Gavin Newsom has signed into law AB 2602, which regulates how digital replicas are addressed in personal and professional services contracts.

Lustery Adds AI Protection to Performer Contracts

Lustery has updated its performer contracts with a new clause ensuring that AI will not be used to create additional content featuring performers' likenesses, or to replace performers’ work without their consent.

Performers' Blacklisting Lawsuit Against Meta Dismissed by Judge

A federal judge in California dismissed this week the lawsuit filed by three performers in 2022 claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent.

U.S. House Revives Controversial KOSA in 2.0 Version

The U.S. House Committee on Energy and Commerce has advanced two internet regulation bills, including a vastly revised version of the controversial Kids Online Safety Act (KOSA), which had stalled after passing the Senate.

Carnal Media Partners with NMG for Brand Expansion

Carnal Media has inked an exclusive deal with brand management company NMG, under which their team will manage Carnal Media for worldwide broadcast, DVD, VOD and additional revenue opportunities.

EFF, Woodhull, TechFreedom File SCOTUS Amicus Supporting FSC in Texas AV Case

Leading digital rights organizations Electronic Frontier Foundation (EFF), Woodhull Freedom Foundation and TechFreedom filed an amicus brief Monday supporting Free Speech Coalition (FSC) in the U.S. Supreme Court review of an appellate decision upholding Texas’ controversial age verification law.

Chaturbate Hosting 4th Annual 'Health and Wellness' Online Event

Chaturbate is hosting its fourth annual "Health and Wellness" event online on Monday, Sept. 23, with panels scheduled throughout the day.

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin have admitted that a donor and a Republican politician have pressured the institution to strip veteran UW communications professor Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Show More