Ellysse and Ashley Break the Internet

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What the Future Holds for Section 230, With Neil Chilson
Neil Chilson, tech policy expert at the Charles Koch Institute and former FTC chief technologist, joins Ellysse and Ashley to forecast where the debate surrounding Section 230 is heading and present a vision for the future of content and online speech regulation.MentionedNeil Chilson, “Statement of Neil Chilson: Section 230 – Nurturing Innovation or Fostering Unaccountability?”, Department of Justice, February 19, 2020.Neil Chilson, “Why Joe Biden and Donald Trump are both wrong about Section 230,” Protocol, November 13, 2020.
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22:30
Section 230 and the Need for Change, With Andrew Bolson
Andrew Bolson, privacy lawyer advocating for Section 230 reform, joins Ellysse and Ashley to evaluate the need for Section 230 reform in order to protect consumers and limit online abuse, suggest what form that should take, and explain the risks of taking a subjective approach to reforming online intermediary liability.MentionedAndrew P. Bolson, “Flawed But Fixable: Section 230 of the Communications Decency Act at 20,” Rutgers Computer & Technology Law Journal 42 (2016).Andrew P. Bolson, “Moderate the Hate: A Scoring System to Grade the Content Moderation Policies & Safety Procedures of Websites” (2020).RelatedAshley Johnson and Daniel Castro, “Proposals to Reform Section 230” (ITIF, February 2021).
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30:32
How Section 230 Safeguards Civil Liberties, With Jennifer Huddleston
Jennifer Huddleston, tech policy expert at the American Action Forum, joins Ellysse and Ashley to highlight the benefits of Section 230 for free speech, competition, and innovation and explore the potential implications of new regulations for civil liberties.MentionedBrent Skorup and Jennifer Huddleston, “The Erosion of Publisher Liability in American Law, Section 230, and the Future of Online Curation,” Oklahoma Law Review 72, no. 3 (2020).Billy Easley, “Revising the Law That Lets Platforms Moderate Content Will Silence Marginalized Voices,” Slate, October 29, 2020.“H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017,” Congress.gov.
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31:18
Section 230 and the Fight Against Online Abuse, With Elisa D’Amico
Elisa D’Amico, co-founder of the Cyber Civil Rights Legal Project—which provides pro bono legal assistance to victims of nonconsensual pornography—joins Ellysse and Ashley to explain the unique challenges the Internet poses for combatting online abuse, the struggles victims face seeking justice, and the role online platforms play in moderating abusive content.Mentioned“Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2021,” Office of Congresswoman Jackie Speier.RelatedNiraj Chokshi, “How to Fight Back Against Revenge Porn,” The New York Times, May 18, 2017.Matthew Goldstein, “Law Firm Founds Project to Fight ‘Revenge Porn,’” The New York Times, January 29, 2015. Pari Berk, “Elisa D’Amico ’06: Fighting to Protect Sexual Privacy Online, in a Share-and-Share-Alike Culture,” Fordham Law News, June 18, 2019.Elisa D’Amico and Luke Steinberger, “Fighting for Online Privacy with Digital Weaponry: Combating Revenge Pornography,” Entertainment, Arts and Sports Law Journal 26, no. 2 (2015): 24-36.Elisa D’Amico, “The War to Stay Secure: Online Privacy and the Battle in the Civil Courts against Sexual Cyberharassment,” Human Rights 41, no. 3 (2016): 5-8.
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32:56
A News Media Perspective on Section 230, With David Chavern
David Chavern, CEO of a news industry trade association representing nearly 2,000 publishers, joins Ellysse and Ashley to discuss the impact of Section 230 on traditional media and the spread of misinformation, as well as how the news industry handles the issue of intermediary liability.MentionedDavid Chavern, “The News Media and Section 230,” News Media Alliance, February 19, 2020.David Chavern, “Section 230 Is a Government License to Build Rage Machines,” Wired, September 14, 2020.Sacha Baron Cohen, “Sacha Baron Cohen’s Keynote Address at ADL’s 2019 Never Is Now Summit on Anti-Semitism and Hate,” ADL, November 21, 2019. “H.R.8636 - Protecting Americans from Dangerous Algorithms Act,” Congress.gov.Roger McNamee, “Facebook Cannot Fix Itself. But Trump’s Effort to Reform Section 230 Is Wrong,” TIME, June 4, 2020.Related Ashley Johnson and Daniel Castro, “Fact-Checking the Critiques of Section 230: What Are the Real Problems?” (ITIF, February 2021).
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27:41

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What exactly is Section 230 of the Communications Decency Act, and why is a 1996 law so important today? Why have Presidents Biden and Trump both said they want to repeal it? Was it to blame when Twitter and Facebook banned Trump from their platforms, or was it the reason they didn’t ban him sooner? Join policy analysts from the world’s leading tech policy think tank as they break down one of the most contentious debates about free speech, intermediary liability, and the future of the Internet. Ellysse and Ashley Break the Internet takes a deep dive into the ins and outs of Section 230, providing fresh insights and new perspectives with leading policy experts, advisers, and advocates from across the political spectrum. This 12-episode series asks what will happen if policymakers keep or repeal the law credited with creating the Internet and explores the opportunities for Congress to make the law even better. The first two episodes will drop on Wednesday, February 24. New episodes will follow in pairs every week.

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