Senate Commerce Divides Politically on CDA Section 230 EO
The Senate Commerce Committee divided along party lines over President Donald Trump’s May executive order directing NTIA to petition the FCC for regulations defining the scope of Communications Decency Act Section 230 (see 2005280060). Commerce Chairman Roger Wicker, Miss., and other Republicans noted their concerns about 230. Several emphasized the need for a legislative solution and downplayed Trump’s EO. Also Wednesday, the House Communications and Consumer Protection subcommittees discussed 230 (see 2006240048).
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“I am deeply troubled by recent reports that suggest some online platforms are disproportionately censoring conservative voices or posing an unfair bias through their policies and terms of service,” Wicker said: Senate Commerce “will evaluate the merits of Section 230 and whether modifications are necessary to promote more transparency and accountability across internet platforms and services.” Communications Subcommittee Chairman John Thune, R-S.D., previewed his Platform Accountability and Consumer Transparency Act on Section 230 (see 2006240059).
Wicker and other Republicans noted reports that Google threatened to demonetize its advertising on online magazine The Federalist over its user-generated comment section, which the publication subsequently removed. Sen. Ted Cruz of Texas cited Twitter’s Tuesday decision to put a warning label on a tweet from Trump that warned attempts by protesters to set up an “autonomous zone” in Washington, D.C., similar to one in Seattle would be “met with serious force.”
Sen. Marsha Blackburn of Tennessee invoked her Balancing the Rights of Web Surfers Equally and Responsibly (Browser) Act (S-1116) as a potential Section 230 solution that should have passed “years ago.” If Congress had enacted the Browser Act earlier, “we wouldn’t be where we are today” with online censorship, she said.
Connecticut's Sen. Richard Blumenthal and other Democrats focused on Trump’s EO, prodding the FCC commissioners to disavow it. Blumenthal said the order is “directing you to do something that you simply do not have the authority to do.” Sen. Tom Udall of New Mexico called the EO a “bad-faith attempt to retaliate” against criticism of Trump and urged the FCC not to “buckle” to the White House’s “demands.”
It's “plainly and blatantly, simply an assault on the credibility and the legitimacy of the First Amendment, and of your agency,” Blumenthal said. “If you care about” the commission’s integrity, “you will stand up for it.” Blumenthal urged the commission to deal with a coming NTIA rulemaking petition on the matter “as quickly as you can after it is filed.”
FCC Chairman Ajit Pai repeatedly declined to express a view on the rulemaking Trump’s order seeks, though he noted his long-standing commitment to defend the First Amendment. Pai said he’s “not going to prejudge” the coming NTIA petition but will “always follow the law and follow the facts.”
Commissioner Jessica Rosenworcel said she opposes the order but is concerned about major tech companies' “absolute lack of transparency” and agrees “social media is frustrating.” Commissioner Geoffrey Starks said he’s “highly skeptical” of the FCC’s authority to address Section 230. Commissioner Brendan Carr believes there’s a place for Congress to legislate and a need for the FCC and other federal agencies to evaluate their policies. The government “can’t sit on our hands and do nothing” given the “immense concentration of power” social media platforms hold, he said.