Recent Developments in Section 230 of the U.S. Communications Decency Act and Implications for Intermediary Liability

Focusing on the 116th Congress and the EARN IT Act

Abstract

This paper researches and analyzes the recent developments of Section 230 of the U.S. Communications Decency Act, focusing on the EARN IT Act in the 116th Congress, and compares the contents of the bill with the recent EU and UK bills on intermediary liability, thereby clarifying the underlying issues and suggestions in the legal policy of this area. First, while imposing certain obligations on providers to deter illegal and harmful information may raise issues on competition law, the EUʼs asymmetric regulation may be a solution for it. Second, government involvement in the determination of such obligations may raise privacy and freedom of expression issues that, on the other hand, may be overcome by making such government involvement indirect. Third, securing transparency and accountability may be the main objective of legal policy rather than mandating certain decision variables.