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.
Investment should instead be directed at sectors where American technology and innovation exist but the infrastructure to commercialize them domestically does not—and where the national security case is clear.
As of March 2026, there were at least nine documented U.S. wrongful arrests tied to face recognition misidentification. Errors like these are as much human as machine.
The real opportunity of AI lies not just in the tools, but in an educator workforce prepared to wield them. When done right, this investment in human infrastructure ensures AI accelerates learning outcomes for all students, closing the “digital design divide.”
Good information sources, like collections, must be available and maintained if companies are going to successfully implement the vision of AI for science expressed by their marketing and executives.