Communications Decency Act and Section 230

- Communications Decency Act. 

The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case Reno v. ACLU, the United States Supreme Court unanimously struck the act's anti-indecency provisions.

The Act is the short name of Title V of the Telecommunications Act of 1996, as specified in Section 501 of the 1996 Act. Senators James Exon and Slade Gorton introduced it to the Senate Committee of Commerce, Science, and Transportation in 1995. The amendment that became the CDA was added to the Telecommunications Act in the Senate by an 81–18 vote on June 15, 1995.

As eventually passed by Congress, Title V affected the Internet (and online communications) in two significant ways. First, it attempted to regulate both indecency (when available to children) and obscenity in cyberspace. Second, Section 230 of title 47 of the U.S. Code, part of a codification of the Communications Act of 1934 (Section 9 of the Communications Decency Act / Section 509 of the Telecommunications Act of 1996) has been interpreted to mean that operators of Internet services are not publishers (and thus not legally liable for the words of third parties who use their services).

- Section 230.

Section 230 is a section of Title 47 of the United States Code enacted as part of the United States Communications Decency Act, that generally provides immunity for website platforms with respect to third-party content. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

Section 230 was developed in response to a pair of lawsuits against Internet service providers (ISPs) in the early 1990s that resulted in different interpretations of whether the service providers should be treated as publishers or, alternatively, as distributors of content created by its users.

- It’s Time to Update Section 230.