Section 230 Of The CDA Must Align With The 21st Century

Law360, New York (July 26, 2017, 12:40 PM EDT) -- In 1996, Congress pursued a measure to prevent children from being exposed to sexual content online. The legislative policy was outlined in 47 U.S.C § 230, formally known as the Communications Decency Act of 1996. Based on provisions outlined in the CDA, it was obvious that the legislative judgment placed the balance of free speech and business profitability above accountability for public safety and national security.

There are two key components that highlighted the weaknesses of the CDA: (1) it provided broad immunity for online providers (hosts of content) that publish nefarious third-party content and (2) it clearly sought to protect...

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