We ( @AFPfoundation) just filed our #Section230 Comment with the @FCC opposing NTIA's Petition for Rulemaking, based on the Admin's Executive Order. NTIA's version of the world is built on a misunderstanding of the statute and case law. Read it here: https://americansforprosperityfoundation.org/wp-content/uploads/2020/09/2020.09.02-AFPF-Comment-to-FCC-re-Section-230-Petition-Upload.pdf (1/7)
We first address the plain truth: Congress spoke unambiguously when it passed Section 230. It limited litigants and courts and did not leave any room for (nor include any commands to) the FCC for rulemaking. Where Congress has spoken clearly, there is no authority for (2/7)
agency intervention. Second, NTIA's reading of the case law is wrong. Nearly all courts have easily understood the strictures of Section 230, applying it evenly to litigants and fulfilling Congress's intent. (3/7)
NTIA and others create this fiction that "big tech" is somehow immune from litigation. It's just not true. Section 230 makes it so forum providers aren't responsible for the actions of third parties. One should not be punished for affording others a place to speak freely. (4/7)
Finally, if the FCC granted NTIA's petition, it would result in negative policy outcomes. Sites like Amazon, Twitter, Facebook, and eBay would need to radically change their businesses in ways that will both chill speech and damage commerce. (5/7)
Small businesses and entrepreneurs would be significantly affected, and new barriers to entry on the market would simply entrench the current players, rather than allowing for new competition. The FCC should reject this meritless petition that calls for unlawful regulation. (6/7)
As former Representative Chris Cox, co-author of Section 230, said: we don't need a "Federal Computer Commission." We must instead allow the free market to flourish and permit consumers, not government regulators, to choose winners and losers. (7/7)
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