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.
As surrogate markers are increasingly being accepted by FDA to support approval of new drugs and biologics, it is imperative that patients and clinicians understand whether such novel endpoints are reflective of meaningful clinical benefits.
The Secretary of Health and Human Services should launch a Department-wide initiative to reduce wasteful spending on health services, drugs, and ineffective medical devices, saving many lives as well as billions of dollars annually.
Bureaucracy significantly hinders federally funded scientific research, diverting scientists’ time from discovery to low-value administrative tasks.
Mandated publication would ensure all federal grants have outputs, whether hypotheses were supported or not, reducing repetition of ideas in future grant applications.