by Elizabeth McElvein | Sep 3, 2021 | Commentary |
On May 14, President Biden issued an executive order (EO 14029) on Section 230, the once obscure provision of the Communications Decency Act that is now at the heart of political fights over regulating speech on online platforms, and more broadly, the power of big technology companies. If you missed the roll-out of EO 14029, you can certainly be forgiven. There was no public signing ceremony, no accompanying presidential remarks — not even a press briefing. With a yawn inducing title — “Executive Order on the Revocation of Certain Presidential Actions and Amendments” — it almost seems that the order was supposed to fly under the radar. EO 14029 was not even the biggest executive order on technology policy signed that week: just two days prior, the President rolled out a much-anticipated “Executive Order on Improving the Nation’s Cybersecurity.” So, what does the order do? As a policy matter, the most straightforward answer is: not a whole lot. It simply revokes a slew of Trump-era orders, including EO 13925 or “Preventing Online Censorship,” which was probably of minimal legal effect anyway. In another sense, however, President Biden’s action moves Section 230 policy debate away from the executive branch, signaling that the responsibility for reform lies squarely with Congress. To fully appreciate the implications of President Biden’s action, it’s useful to take a few steps back. What is Section 230, anyway? Section 230 of the Communications Decency Act, codified at 47 U.S.C §230, was passed in 1996 in order to protect innovation on the internet, then a fledgling industry. The gist of the statute is...
