Congress Considers Alternatives To Amending Section 230
US cracks down on exports of technology to Russia; Australia issues discussion paper on the harms online platforms pose; EU unveils data act
Photo by Lysander Yuen on Unsplash
To the extent “Big Tech” has remained in Washington’s crosshairs, content moderation and related issues are prominent reasons why. Critics and policymakers have decried the algorithms online platforms use to keep people engaged endlessly and promote material harmful to individuals and society. Of course, Democrats and Republicans disagree on the harms, but they agree “Big Tech” is a problem, and so, there have been a series of bills to revise 47 U.S.C. 230 (Section 230), with one even being sent to the full Senate recently. The thinking there is that winnowing away “Big Tech’s” liability protection will get them to behave better. But, there are also many bills that focus on the process side of how platforms moderate and promote content, and some of these bills may stand a better chance at enactment for they would require companies to be transparent and consistent about how they take down content and punish users or face government enforcement. However, a third class of bills have been steadily introduced over the last year with a recent flurry that would focus more on the algorithms platforms use and trying to make them responsible for content moderation that harms users. But, there is another aspect of algorithms that has blipped on the radar of lawmakers: algorithmic decision-making.
This week, the United States (U.S.) House Energy and Commerce Committee’s Consumer Protection and Commerce Subcommittee will hold the third in a series of hearings “focused on holding Big Tech accountable and follows a December Subcommittee hearing on several legislative proposals intended to build a safer, more transparent, and accountable internet ecosystem.” This hearing is titled “"Holding Big Tech Accountable: Legislation to Protect Online Users” and will focus on the following bills:
The "Banning Surveillance Advertising Act of 2022" (H.R. 6416)
The "Algorithmic Accountability Act of 2022" (H.R. 6580)
The "Cooperation Among Police, Tech, and Users to Resist Exploitation Act" (H.R. 6755)
The "Increasing Consumers' Education on Law Enforcement Resources Act" (H.R. 6786)
The "Digital Services Oversight and Safety Act of 2022" (H.R. 6796)