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.
AI’s high-stakes outputs directly shape American economic, industrial, and technological outcomes. They must not be accepted entirely on the basis of institutional faith rather than verifiable evidence.
The clearinghouse will also neutrally mediate the assignment of auditors to audits—strengthening independence, trust, and ethical governance across the AI ecosystem.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
Jobseekers, employees at smaller organizations, and local public workers need more than a weekend crash course in AI. They need practice choosing useful tasks, protecting data, testing outputs, and explaining where human judgment remains necessary.