Lincoln Network submitted comments to the FCC on RM-11862, the NTIA's petition to "clarify" Section 230 of the Communications Act of 1934, as amended. Authored by Garrett Johnson and Zach Graves. Click here to view the full comment in PDF format.
The Commission has been asked to respond to the National Telecommunications and Information Administration petition to initiate a rulemaking on Section 230 of the Communications Act of 1934, as amended. As forcefully argued by other commenters, the Commission does not currently have the authority to reinterpret or clarify the statute. Lincoln Network (hereafter “Lincoln”) believes that the case for rejection of the NTIA petition has already amply been made; our Reply Comments here are meant to underscore that there is at least one better alternative to address concerns about Section 230 than to petition the Commission to re-legislate the statute or to “clarify” it by re-interpreting it. The ultimate responsibility for updating and reforming Section 230 must fall on Congress, including granting any new regulatory authority to the Commission. Lincoln believes the best path forward to achieve informed consensus on Section 230 reform is for Congress to undertake the creation of a nonpartisan Congressional Commission—providing a forum to weigh the policy objectives sought by NTIA and the White House, as well as a broad range of other stakeholders.