Section 230: A Reform Agenda for the Next Administration
Summary
Section 230 has been the subject of bipartisan criticism in Washington, with both President Trump and former Vice President Biden arguing that the controversial law should be revoked. As the election has approached, a flurry of legislative proposals have taken aim at the law.
This paper argues that the Biden-Harris administration should take a more targeted approach, focusing on changes that will deter some of the most harmful forms of speech while also preserving the features of tech platforms that are essential to online expression. Specifically, the next administration should modernize federal criminal law for the digital age to prohibit problematic online speech like voter suppression and incitement to riot, require platforms to comply with court orders to remove illegal content, define what it means for a platform to “develop” content, work with platforms on reporting options that will facilitate individual accountability, and incentivize platforms to share data that will inform future product design and policymaking.
It is in the interests of the United States to appropriately protect information that needs to be protected while maintaining our participation in new discoveries to maintain our competitive advantage.
Our analysis of federal AI governance across administrations shows that divergent compliance procedures and uneven institutional capacity challenge the government’s ability to deploy AI in ways that uphold public trust.
To secure the U.S. bio-infrastructure, maintain global leadership in biotechnology, and safeguard American citizens from emerging threats to their privacy, the federal government must modernize its approach to human genetic and biological data.
From use to testing to deployment, the scaffolding for responsible integration of AI into high-risk use cases is just not there.