New Congressional Bill Aimed at Tech ISPs
The Platform Accountability and Consumer Transparency Act has been introduced by Sens. Brian Schatz (D-Hawaii) and John Thune (R-South Dakota), which targets Internet Service Providers and attempts to limit their protections under 47 U.S. Code § 230 of the Communications Decency Act (CDA), also called Title V of the Telecommunications Act of 1996.
The proposed Act points out two critical facts:
“Online consumers are not adequately protected in the United States because, with the exception of Federal criminal statutes, providers of interactive computer services are immune from the enforcement of most Federal statutes and regulations.
The bill among a list of proposed policies also seeks to preserve the internet and other interactive computer services as forums for diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual and commercial activity.”
Specifically, the interactive computer service provider shall provide the following elements:
reasonably inform users about the types of content that are allowed on the interactive computer service;
explain the steps the provider takes to
ensure content complies with the acceptable use policy;
explain the means by which users can notify the provider of potentially policy-violating content, illegal content, or illegal activity
include publication of a quarterly transparency report outlining actions taken to enforce the policy
While there are some First Amendment concerns with this legislation, this demonstrates how Section 230 comes under increasing scrutiny by policymakers. It’s a question of when for technology regulation so if you are a technology stakeholder, it is better to be prepared.
Lanton Law is a national boutique law and government affairs firm that focuses on technology and healthcare. If you are an industry stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.