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Society & Culture
Virtual Legality Episode 323

More Liability for Big Tech? DOJ Proposes CDA 230 Revisions

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10m Sep 24, 2020
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When Twitter first decided to "fact check" one of President Trump's tweets (on the possibility of mail-in voting fraud), the President responded by drafting an executive order (EO) to "regulate" social media entities and the Internet.

As part of that order, the President instructed Attorney General William Barr and the Department of Justice to propose new language revising Section 230 of the Communications Decency Act (CDA 230).

Now the Department of Justice has offered those proposals.

Let's dive in.

We always operate in good faith...in Virtual Legality.

#President #ExecutiveOrder #230


Discussed in this episode:

"The Justice Department Unveils Proposed Section 230 Legislation"
Department of Justice Press Release - September 23, 2020
https://www.justice.gov/opa/pr/justice-department-unveils-proposed-section-230-legislation

"Section 230 Executive Order SIGNED! A Lawyer Re-Reviews Trump's Plan (VL238)"
YouTube Video - May 28, 2020 - Hoeg Law
https://youtu.be/gmBGFVUjCaI

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

"Executive Order on Preventing Online Censorship"
White House Website - May 28, 2020
https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/

"Ramseyer Draft Legislative Reforms to Section 230 of the Communications Decency Act"
Statutory Redline - DOJ - September 23, 2020
https://www.justice.gov/file/1319331/download

"Section by Section"
DOJ Guidance on Proposed Revisions
https://www.justice.gov/file/1319326/download


"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.


Blog: hoeglaw.wordpress.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
0:00 Introduction
3:23 CDA 230: An Overview
10:55 Trump's Executive Order
15:06 DOJ Summarizes its Position
20:48 The Proposed Revisions (Publishers and Platforms)
25:10 Moderation and Otherwise Objectionable
30:10 Defining Good Faith
36:18 Bad Faith, Actual Notice, and Exclusions
44:26 Broadening the Scope of Liability (Civil Actions)
48:53 Conclusion

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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