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With ‘absurd’ timing, FCC announces intention to revisit Section 230

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FCC Chairman Ajit Pai has announced his intention to pursue a reform of Section 230 of the Communications Act, which among other things limits the liability of internet platforms for content they host. Commissioner Rosenworcel described the timing — immediately after Conservative outrage at Twitter and Facebook limiting the reach of an article relating to Hunter Biden — as “absurd.” But it’s not necessarily the crackdown the Trump administration clearly desires.

In a statement, Chairman Pai explained that “members of all three branches of the federal government have expressed serious concerns about the prevailing interpretation of the immunity set forth in Section 230,” and that there is broad support for changing the law — in fact there are already several bills under consideration that would do so.

At issue is the legal protections for platforms when they decide what content to allow and what to block. Some say they are clearly protected by the First Amendment (this is how it is currently interpreted), while others assert that some of those choices amount to violations of users’ right to free speech.

Though Pai does not mention specific recent circumstances in which internet platforms have been accused of having partisan bias in one direction or the other, it is difficult to imagine they — and the constant needling of the White House — did not factor into the decision.

A long road with an ‘unfortunate detour’

In fact the push to reform Section 230 has been progressing for years, with the limitations of the law and the FCC’s interpretation of its pertinent duties discussed candidly by the very people who wrote the original bill and thus have considerable insight into its intentions and shortcomings.

In June Commissioner Starks disparaged pressure from the White House to revisit the FCC’s interpretation of the law, saying that the First Amendment protections are clear and that Trump’s executive order “seems inconsistent with those core principles.” That said, he proposed that the FCC take the request to reconsider the law seriously.

“And if, as I suspect it ultimately will, the petition fails at a legal question of authority,” he said, “I think we should say it loud and clear, and close the book on this unfortunate detour. Let us avoid an upcoming election season that can use a pending proceeding to, in my estimation, intimidate private parties.”

The latter part of his warning seems especially prescient given the choice by the Chairman to open proceedings less than three weeks before the election, and the day after Twitter and Facebook exercised their authority as private platforms to restrict the distribution of articles which, as Twitter belatedly explained, clearly broke guidelines on publishing private information. (The New York Post article had screenshots of unredacted documents with what appeared to be Hunter Biden’s personal email and phone number, among other things.)

Commissioner Rosenworcel did not mince words, saying “The timing of this effort is absurd. The FCC has no business being the President’s speech police.” Starks echoed her, saying “We’re in the midst of an election… the FCC shouldn’t do the President’s bidding here.” (Trump has repeatedly called for the “repeal” of Section 230, which is just part of a much larger and important set of laws.)

Considering the timing and the utter impossibility of reaching any kind of meaningful conclusion before the election — rulemaking is at a minimum a months-long process — it is hard to see Pai’s announcement as anything but a pointed warning to internet platforms. Platforms which, it must be stressed, the FCC has essentially no regulatory powers over.

Foregone conclusion

The Chairman telegraphed his desired outcome clearly in the announcement, saying “Many advance an overly broad interpretation that in some cases shields social media companies from consumer protection laws in a way that has no basis in the text of Section 230… Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets, such as newspapers and broadcasters.”

Whether the FCC has anything to do with regulating how these companies exercise that right remains to be seen, but it’s clear that Pai thinks the agency should, and doesn’t. With the makeup of the FCC currently 3:2 in favor of the Conservative faction, it may be said that this rulemaking is a forgone conclusion; the net neutrality debacle showed that these Commissioners are willing to ignore and twist facts in order to justify the end they choose, and there’s no reason to think this rulemaking will be any different.

The process will be just as drawn out and public as previous ones, however, which means that a cavalcade of comments may yet again indicate that the FCC ignores public opinion, experts, and lawmakers alike in its decision to invent or eliminate its roles as it sees fit. Be ready to share your feedback with the FCC, but no need to fire up the outrage just yet — chances are this rulemaking won’t even exist in draft form until after the election, at which point there may be something of a change in the urgency of this effort to reinterpret the law to the White House’s liking.

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Charge Your Phone Wirelessly With 50% off a Multifunctional LED Lamp

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Best Tech DealsBest Tech DealsThe best tech deals from around the web, updated daily.

White Wireless Charge Lamp | $18 | Amazon | Clip coupon + code ABC88699
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Don’t sleep on this deal! Who knows how long stock or the coupon code will last?

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Keep That Hotdish Hot With 65% Off a Luncia Casserole Carrier, Only $11 With Promo Code

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Best Home DealsBest Home DealsThe best home, kitchen, smart home, and automotive deals from around the web, updated daily.

Luncia Double-Decker Dish Carrier | $11 | Amazon | Promo code SDDU9S7F

It has been a long time since the days we could safely have a potluck or other gatherings, but we have a fantastic deal perfect for once those times return. These double-decker Luncia dish carriers can be had for 65% off when you add promo code SDDU9S7F at checkout and clip the coupon on the site (it’s just below the price). These holders fit 9″x 13″ sized baking dishes.

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That means you can insulate and keep two dishes of food warm for only $11 instead of $30. What’s more, your Luncia carrier will arrive by Christmas if you order today as a Prime member.

Just add promo code SDDU9S7F and clip the 5% off coupon to bring the price down to $11 for the blue or the grey option.

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Grab this offer while it’s still around!


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Conquer Your Pup’s Dander and Fur With $700 Off a Cobalt or Charcoal Bobsweep PetHair Plus Robot Vacuum

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Best Home DealsBest Home DealsThe best home, kitchen, smart home, and automotive deals from around the web, updated daily.

Bobsweep PetHair Plus Robot Vacuum & Mop (Cobalt) | $200 | Best Buy

Bobsweep PetHair Plus Robot Vacuum & Mop (Charcoal) | $200 | Best Buy

Allergies can be bad enough as the seasons change. Don’t let pet hair and dander add to that by vacuuming it up early and often. That chore is easier said than done— unless you have a robot vacuum to do the work for you. This lovely bright cobalt Bobsweep PetHair Plus robot vacuum and mop, only $200 today at Best Buy seems like an ideal option. That’s a whopping $700 off, by the way.

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You can get the same deal for the charcoal version of the robot vac, too. This model is not only specially made for picking up pet hair, it self docks and charges when it’s finished with the work.

It also comes with a mop attachment, so it can take care of those kitchen floors for you as well. Grab it while it’s still available for this fantastic price!

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