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Society & Culture
Virtual Legality Episode 72

Social Media, Liability Shields, and You: The State of CDA Section 230

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2y Jul 12, 2019
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The Communications Decency Act of of 1996 (CDA) has caused an awful lot of discussion of late, particularly in respect of a little provision called Section 230; a section which has been interpreted, reinterpreted, misinterpreted, and vilified by a host of folks from the pages of our most prestigious newspapers to the halls of Congress and beyond.

What is CDA Section 230, and how does it advantage social media companies to make the Internet what it is today?

Why is it in the news of late, and how are some folks reading between the lines to see a distinction between publisher/platform that the text of the act would seem to disclaim?

How are some Senators (like Missouri Senator Josh Hawley) seeking to change Section 230, and how do their efforts call up the echoes of previous government pushes for content "fairness"?

And why do so many folks on both sides of the aisle seem to get interpretation of this small section of the U.S. Code so very, very wrong?

You won't need a liability shield in...Virtual Legality.

#SocialMedia #Sec230 #VirtualLegality


Discussed in this episode:

"It’s time to treat tech platforms like publishers"
Washington Post - July 11, 2019 - Charlie Kirk
(https://www.washingtonpost.com/opinions/2019/07/11/its-time-treat-tech-platforms-like-publishers)

"Protection for private blocking and screening of offensive material"
47 U.S. Code § 230
(https://www.law.cornell.edu/uscode/text/47/230)

"SENATOR HAWLEY INTRODUCES LEGISLATION TO AMEND SECTION 230 IMMUNITY FOR BIG TECH COMPANIES"
Press Release - June 19, 2019 - Officer of Senator Josh Hawley
(https://www.hawley.senate.gov/senator-hawley-introduces-legislation-amend-section-230-immunity-big-tech-companies)

‘‘Ending Support for Internet Censorship Act’’
Proposed Senate Bill
(https://www.hawley.senate.gov/sites/default/files/2019-06/Ending-Support-Internet-Censorship-Act-Bill-Text.pdf)

"FCC fairness doctrine"
Wikipedia Entry
(https://en.wikipedia.org/wiki/FCC_fairness_doctrine)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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