Samizdata

“When will they be reporting? Surely not after the election?”
“What have they found out so far?” You know you could check on the veracity of the emails by asking other recipients – have you done that?”
“Have you liaised with the FBI regarding the progress of their no doubt rigorous ongoing investigation of the material found on the computers?”
“Why was the dissemination via your platforms of illegally obtained material not a problem for the New York Times when it released a ‘trove’ of Donald Trump’s tax returns at the end of September?”
“Why was the dissemination via your platforms of leaked material not a problem when someone leaked Christine Blasey Ford’s confidential letter to Senator Dianne Feinstein that accused Brett Kavanaugh of sexual assault?”
“Oh, and about that whole Russian collusion story about which we heard so much on Facebook and Twitter but which turned out to be nothing…”

I would so enjoy seeing the Senate Judiciary Committee make the cool, hip founders of Twitter and Facebook squirm with a barrage of questions that laid bare their revolting left-wing billionaire hypocrisy, before swatting away the law they have been hiding behind to censor their political enemies while pretending to be mere providers of a means of communication. The Republicans are as mad as hell and they ain’t gonna take it any more. Yay! Go Republicans! And Go Democrats, too, because Joe Biden wants to revoke Section 230 of the Communications Decency Act too. So now that all sides agree, let’s do this thing!

Or perhaps not. All laws passed to acclaim from both sides of the aisle turn out badly. It is a law of nature, like Boyle’s or Murphy’s. Besides that, as Andy Kessler argues in the Wall Street Journal,

…if we repeal 230, we’ll end up with more censorship. Why? Because if platforms are suddenly liable for everything posted, the knee-jerk reaction will be to take down everything questionable, leaving us with giant receptacles of Baby Shark videos, which would diminish the channels small businesses use to reach customers. Then, say goodbye to competition. There are hundreds of smaller social media competitors that wouldn’t be able to afford the software, let alone the tens of thousands of humans, to take down posts.

There’s no simple way to “fix” Section 230 either. The feds could require nonpartisan, balanced views. But who decides what’s balanced? We’d be back to where we started. Any fix would open a can of worms of special interests, maybe even a new Digital Diction Department staffed by justice warriors deciding which phrases are no longer acceptable, like “master bedroom” or even “preference.” And then the law would get larded with special exceptions. The thinking would be, “Let politicians say what they want, for democracy’s sake, but protesters should also get a pass, depending on their grievances.” It would never end.