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Why Section 230 Is Better Than The First Amendment, Eric Goldman
Why Section 230 Is Better Than The First Amendment, Eric Goldman
Notre Dame Law Review Reflection
47 U.S.C. § 230 (“Section 230”) immunizes Internet services from liability for third-party content. This immunity acts as a crucial legal foundation for the modern Internet. However, growing skepticism about the Internet has placed the immunity in regulators’ sights.
If the First Amendment mirrors Section 230’s speech protections, narrowing Section 230 would be inconsequential. This Essay explains why that is not the case. Section 230 provides defendants with more substantive and procedural benefits than the First Amendment does. Because the First Amendment does not backfill these benefits, reductions to Section 230’s scope pose serious risks to Internet speech.
Warning! Tiered Internet Ahead: Expect Delays, Courtney Loyack
Warning! Tiered Internet Ahead: Expect Delays, Courtney Loyack
Notre Dame Law Review Reflection
As the topic of net neutrality becomes increasingly polarized, the question becomes: Who should decide how consumers use the internet? Are usage determinations best left unregulated and to the discretion of massive corporations, or should usage be determined by regulations that aim to ensure an open and freely accessible internet? The answer to this question has far-reaching and deeply meaningful implications for the lives of every American.
The ways in which consumers communicate, access information, and participate in social media are all subject to change as the future of net neutrality regulation becomes uncertain. Part I of this Essay will …
Protecting Users Of Social Media, Margaret Ryznar
Protecting Users Of Social Media, Margaret Ryznar
Notre Dame Law Review Reflection
Social media platforms started as a fun way to connect with friends and family. Since then, they have become a science fiction nightmare due to their capacity to gather and misuse the data on their users.
It is not irrational for social media providers to seek to capitalize on their data when they provide the platforms for free. Indeed, their business model is to sell data to third parties for marketing and other purposes. Yet, users should be able to expect that their data is not used to hurt them or is not sent to disreputable companies. Indeed, fewer people …