Over Your Dead Body: the Creation of Internet Companies

Jeff Kosseff’s “The Twenty-Six Words That Created the Internet” (2019) explains how the internet was created. The 26 words are these: “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.” They form Section 230 of the Communications Decency Act, itself a part of the Telecommunications Act of 1996.   Section 230 shields online platforms from legal liability for content generated by third-party users. Put simply: If you’re harassed by a Facebook user, or if your business is defamed by a Yelp reviewer, you might be able to sue the harasser or the reviewer, assuming you know his or her identity, but don’t bother suing Facebook or Yelp. They’re probably immune. That immunity is what enabled American tech firms to become far more than producers of content (the online versions of newspapers, say, or company websites) and to harness the energy and creativity of hundreds of millions of individual users. The most popular sites on the web—YouTube, Twitter, Facebook, eBay, Reddit, Wikipedia, Amazon—depend in part or in whole on user-generated content…

Because of section 230, the U.S. was able to cultivate online companies in ways that other countries—even countries in the developed world—could not….American law’s “internet exceptionalism,” as it’s known, is the source of mind-blowing technological innovation, unprecedented economic opportunity and, a great deal of human pain. The book chronicles the plights of several people who found themselves targeted or terrorized by mostly anonymous users… Each of them sued the internet service providers or websites that facilitated these acts of malice and failed to do anything about them when alerted. And each lost—thanks to the immunity afforded to providers by Section 230.

Has the time come to delete the section?

Excerpt from Barton Swaim, ‘The Twenty-Six Words That Created the Internet’ Review: Protecting the Providers, WSJ, Aug. 19, 2019

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