CDA 230, Feminism, and Provoking Thought

Earlier this week, freelance social justice writer Arthur Chu penned a piece for TechCrunch calling for the repeal of Section 230 of the Communications Decency Act. For those who aren’t tech law wonks, Section 230 establishes that platforms hosting user-created content are not liable for the things their users create. In other words, if somebody defames you on Facebook, you can sue the person who wrote whatever ugliness it was, but you can’t go after Facebook itself. According to Chu’s observations, the combination of Section 230’s protections plus the overall engagement economy of the Internet has created a cycle of perverse incentive for these platforms to turn a blind eye to abuse. They have no obligation to moderate their content, thanks to Section 230, and because hateful content generates clicks, shares, and ad revenue like any other kind of user content, they would cut into their own profits if they voluntarily shut such things down. So they let it all slide, making the Internet’s best-known content platforms (Facebook, Twitter, Reddit, etc.) staging grounds for hate campaigns that ruin lives.

The piece was pretty widely panned. Ken Levine of Popehat argued that far from protecting the targets of abuse Chu intended this measure to help, it would put lots of fresh ammunition in the hands of their attackers. Techdirt’s Mike Masnick pointed out that the civil redress Chu enshrines in his post tends to be abused to shut down marginalized voices far more often than it allows them to score victories over the establishment. Both of those articles spell out several other sound arguments about the problems Section 230 repeal would bring on; hit the links for the full blow-by-blow.

What I find interesting, though, is Chu’s response to the claim that without CDA 230, the Internet as we know it would not exist. The massive surge in liability would make any user-content-hosting platform untenable as a business. To this Chu has said: good! Let those things burn. Chu pictures, it seems, a much quieter Internet: no Twitter, no comments sections, no user-submitted product reviews. Everyone who wanted to publish material would need to do so using their own resources, assuming all responsibility and risk for whatever they put forth. WordPress, for example, could not host people’s blogs for them; you could download and use their blog-creation software, perhaps, but on your own server only. Alternatively, content platforms might exist, but their pace of output and growth would be a crawl: every piece of user-added material would need exhaustive top-down review, to the point of paranoia, before seeing the light of day.

Would that be better for marginalized people than what we have now?

I’m not convinced it would be. Certainly, abominations like GamerGate wouldn’t take off, without liability-shielded havens from which to launch their bile. SWATting and doxing would take a great deal more effort and secrecy to accomplish. Those would be good things! But without Twitter, we also wouldn’t have Black Twitter. There would be no YouTube to host Feminist Frequency‘s videos. Activist groups couldn’t organize rallies using events on Facebook or Google Plus. Overall, the rapidity with which good ideas spread today would hit a brick wall. I for one would not have come around to my current progressive views on abortion, same-sex marriage, etc. at anywhere near the speed I did, were I not constantly exposed to content currently possible under CDA 230.

I do give Chu credit, though, for putting this bit of tech orthodoxy to the test. I have techno-libertarian leanings on a few topics myself, as my thoughts on copyright evince, but I rank my feminism as a greater ideal than those. If it could be more convincingly shown that the structure of the Internet today is more destructive to the marginalized than it is helpful, then I would reconcile the dissonance of my past pro-Internet stances by abandoning them. If copyright really does help the little guy against the big, rather than the other way around as I’m currently convinced it does, then by golly I will be a copyright goon. Chu’s thoughts as I’ve seen them articulated so far don’t come anywhere close to prompting such a paradigm shift, but props to him for getting me to consider the possibility!