tl;dr – A Path Forward for Section 230 Reform
Background… The liability protections granted to intermediaries under Section 230(c)(1) of the Communications Decency Act of 1996 can and should be conditioned on platforms taking reasonable steps to curb harmful conduct. Online platforms should operate under a duty of care obligating them to adopt reasonable content-moderation practices regarding illegal or tortious third-party content.
But… Platforms should not bear excessive costs for conduct that does not and should not give rise to liability, while they should internalize the costs of responding to actual harms and meritorious litigation. This will require reforms to civil procedure, a regulatory agency to oversee creation of a duty of care, and implementation of a “safe harbor” or presumption of reasonableness.