National Security
Regulation · Issue No. 06
Internet Regulation
The policy debate over platform accountability, content moderation and the future of Section 230.
Special.Report Editors
September 2022
EXECUTIVE SUMMARY
The legal and regulatory framework governing the internet has not kept pace with the scale, influence and commercial power of the platforms it governs. This report examines the debate over Section 230 liability protection, the competing legislative proposals in Congress, the European regulatory model and the fundamental questions about platform accountability that no jurisdiction has yet resolved.
THE REPORT
Section 230 of the Communications Decency Act, enacted in 1996, created the legal foundation for the modern internet by shielding online platforms from liability for user-generated content. For nearly three decades, that protection has enabled the growth of social media, e-commerce and the broader digital economy.
Today, Section 230 is under attack from both political parties — though for different reasons. Conservatives argue that platforms use their moderation discretion to suppress conservative speech. Progressives argue that platforms use their immunity to avoid accountability for harmful content. Both arguments have produced legislative proposals that would fundamentally alter the liability landscape.
The European Union has moved further and faster, with the Digital Services Act creating a comprehensive regulatory framework for large platforms that includes content moderation obligations, algorithmic transparency requirements and significant penalties for non-compliance.
This report examines the competing arguments about platform liability, the legislative proposals under consideration, the European model and its implications for U.S. policy, and the fundamental questions about democratic governance of private communications infrastructure that the internet regulation debate has forced into the open.
