FCC order narrowing Section 230(c)(1) immunities; track NTIA petition
Mandate says FCC should interpret Section 230 to eliminate expansive non-textual immunities courts added, clarifying (c)(1) applies only when platforms do not remove others’ content and (c)(2) covers restriction decisions—tracking the July 2020 NTIA petition.
Mandate
Mandate Ch. 28 (FCC) — Reining in Big Tech: eliminate immunities that courts added to Section 230; issue an order interpreting Section 230 to eliminate expansive, non-textual immunities; reforms should track the July 2020 NTIA Petition for Rulemaking; clarify 230(c)(1) applies only when a platform does not remove information provided by someone else, while more limited 230(c)(2) protections apply to decisions to restrict access; distinguish distributor vs. publisher liability.
Undo plan
1) Rescind any FCC Section 230 interpretive order that rewrites civil immunity outside clear statutory text.
2) Leave 230 reform to Congress; restore platform liability framework via legislation with First Amendment analysis.
3) Withdraw NTIA-style petitions that use FCC process to flip intermediary liability.
4) Preserve good-faith moderation safe harbors needed for child safety and spam control.
5) Verify: FCC order status; litigation stays; moderation transparency reports.