Section 230 of the Communications Decency Act (CDA) has provided broad immunity to Internet service providers since 1996. Today, Section 230’s protections are a ripe target for those concerned about the unanticipated power and reach of the small number of giants that have emerged to dominate the digital landscape.
But for those specifically concerned about the adverse effects that Internet companies are having on American democracy—as we are—Section 230 reform is no silver bullet. Recognizing—and monetizing—Internet users’ property rights in their data may be a more productive approach.
Ellen L. Weintraub & Thomas H. Moore
Commissioner Ellen L. Weintraub has served on the U.S. Federal Election Commission since 2002 and chaired it for the third time in 2019.
Thomas H. Moore serves as Chief of Staff to Commissioner Ellen L. Weintraub.