Explain to Shane

A co-author of Section 230 on the law’s past, present, and future (with Former Rep. Chris Cox)


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Congress passed Section 230 of the Communications Decency Act in 1996 when the internet was just coming onto the horizon for commercial use, and there was a need to protect nascent platforms from liability for user-generated content. Often coined “the 26 words that created the internet,” Section 230 is widely credited for fostering the innovative ecosystem that created today’s successful social media firms. But a continued controversy over online content moderation has now made Section 230 a target for reform by both parties. How well has Section 230 served its original purpose, and would reforming it do more harm than good?

On this episode, Shane is joined by former Rep. Chris Cox (R-CA), who co-authored Section 230 with then-Rep. (now Senator) Ron Wyden (D-OR). Cox has a long history of public service as a former legal advisor in the Ronald Reagan White House, a member of Congress for 17 years, then as 28th Chair of the Securities and Exchange Commission. He is now a member of NetChoice’s board of directors.

Cox joins the podcast to discuss his intent in writing Section 230, the potential costs of reforming the law, and the intersection of Section 230 and private platforms’ First Amendment right of editorial control.  

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