A Supreme Court Case Could Decide the Fate of the Modern Internet

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A Supreme Court Case Could Decide the Fate of the Modern Internet
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What happens if the court hits control/alt/delete on the law that created the internet as we know it?

, a law professor who wrote the book on the most important law underpinning the modern internet: Section 230 of the Communications Decency Act. Our conversation has been edited and condensed for clarity.Lizzie O’Leary: You are probably sick of this, but you did write a book with the titleJeff Kosseff: Sure. “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

How would you characterize the role that those 26 words had in setting the stage for the modern internet? They’ve allowed companies of all sizes to build internet businesses around content that users create rather than content that the companies create. It’s really a risk-shifting strategy. It’s saying any legal risk of defamation or anything else is going to be put on the people who post the content, and it won’t be placed on the platform that hosts it.To understand the landscape in which Section 230 was written, you have to remember the internet of the early 1990s.

As tech platforms have grown in their influence in power, Section 230 has become a pretty popular target for politicians on both the left and the right. But the courts have pretty vigorously upheld the law and ruled that it gives companies a broad liability shield, which is why the Supreme Court’s recent decision to even

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