The Internet as we know it hinges on the outcome of an upcoming United States Supreme Court case you may not have heard of.
In the case of Gonzalez v. Google, which was heard by the Supreme Court this week, the question before the Court is whether or not service providers should be held liable for third-parties’ content on their platforms in cases where providers are using software tools (“algorithms”) to organize and present content to its users.
Since the 1990s, Section 230 has protected providers—and individuals—from significant legal liability for illegal content posted online by other people. Depending on the outcome of this case, the Court could change Section 230 and limit what it protects, which could have grave consequences on how we all use the Internet.
What is Section 230?
Section 230 was enacted in 1996. At the time, some lower courts in the United States were threatening the ability of Internet service providers and other online providers to carry the speech of individuals without risking significant legal liability for the content of the speakers. For example, if illegal user-generated content was posted to a forum, the forum organization could be held responsible despite not being involved in the creation of the content.
This legal risk for services providers threatened the ability of the general public to post content online and participate in a global conversation, and also increased the challenges faced by innovators trying to build new online services.
By enacting Section 230, Congress sought to address those liability concerns, and to ensure that individuals would be able to participate in the new and innovative Internet that was just emerging in the 1990s. Section 230 declares that participants in the Internet ecosystem (whether service providers or individual people) will not be held liable for illegal content posted online by other people.
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