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Two Supreme Court Cases That Could Break the Internet

The New Yorker $ – A cornerstone of life online has been that platforms are not responsible for content posted by users. What happens if that immunity goes away?: “In February, the Supreme Court will hear two cases—Twitter v. Taamneh and Gonzalez v. Google—that could alter how the Internet is regulated, with potentially vast consequences. Both cases concern Section 230 of the 1996 Communications Decency Act, which grants legal immunity to Internet platforms for content posted by users. The plaintiffs in each case argue that platforms have violated federal antiterrorism statutes by allowing content to remain online. (There is a carve-out in Section 230 for content that breaks federal law.) Meanwhile, the Justices are deciding whether to hear two more cases—concerning laws in Texas and in Florida—about whether Internet providers can censor political content that they deem offensive or dangerous. The laws emerged from claims that providers were suppressing conservative voices. To talk about how these cases could change the Internet, I recently spoke by phone with Daphne Keller, who teaches at Stanford Law School and directs the program on platform regulation at Stanford’s Cyber Policy Center. (Until 2015, she worked as an associate general counsel at Google.) During our conversation, which has been edited for length and clarity, we discussed what Section 230 actually does, different approaches the Court may take in interpreting the law, and why every form of regulation by platforms comes with unintended consequences…”

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