How a Law That Shields Big Tech Is Now Being Used Against It

🌈 Abstract

The article discusses how a law that typically shields big tech companies from liability is now being used against them. A Massachusetts professor has filed a lawsuit against Meta (Facebook's parent company) using a novel interpretation of Section 230 of the Communications Decency Act, a law known for protecting social media companies from liability for user posts. The lawsuit aims to give users more control over their social media experience by allowing them to automatically unfollow everyone on Facebook.

🙋 Q&A

[01] How a Law That Shields Big Tech Is Now Being Used Against It

1. What is the key idea behind the lawsuit filed against Meta?

• The lawsuit filed by Ethan Zuckerman, a professor at the University of Massachusetts Amherst, is using Section 230 of the Communications Decency Act in an unusual way to give users more control over their social media experience.
• Zuckerman is arguing that the part of Section 230 that protects companies from liability for blocking objectionable content can also be used to justify allowing users to scrub any content they don't want to see, such as by automatically unfollowing everyone on Facebook.

2. What was the origin of the lawsuit?

• The lawsuit stems from a browser extension called "Unfollow Everything" created by a former Goldman Sachs analyst, Louis Barclay, which allowed users to automatically unfollow everyone on their Facebook feed.
• Facebook sent Barclay a cease-and-desist letter, claiming the extension violated their terms of service. This prompted Zuckerman to get involved and file the lawsuit, using Section 230 as the legal argument.

3. How does the lawsuit aim to give users more control over their social media experience?

• If Zuckerman's lawsuit succeeds, it could mean more power for consumers to control what they see online, by allowing them to automatically unfollow content they don't want to see on social media platforms.
• Zuckerman plans to reproduce Barclay's "Unfollow Everything" tool with an added component that allows users to participate in a study measuring their desire for more control over their social media experience.

[02] Section 230 and Its Implications

1. What is Section 230 and how has it typically been used?

• Section 230 of the Communications Decency Act is a 1996 law that protects companies like Facebook, Twitter, and YouTube from liability for user-generated content on their platforms.
• This law has been crucial in allowing tech companies to thrive, as it makes it nearly impossible to sue them over defamatory speech or extremist content posted by users.

2. How is Zuckerman's lawsuit using Section 230 in a novel way?

• Zuckerman is focusing on a part of Section 230 that provides protection for companies that block objectionable material online.
• He is arguing that this provision can also be used to justify allowing users to scrub any content they don't want to see, not just objectionable content.
• This is an unusual legal maneuver that could turn the law that typically protects tech companies on its head.

3. What are the potential implications if Zuckerman's lawsuit succeeds?

• If Zuckerman's lawsuit is successful, it could mean more power for consumers to control their social media experience by allowing them to automatically unfollow content they don't want to see.
• This could challenge the excessive control that tech companies have over the digital public sphere, while also avoiding the government having sweeping authority to set the rules for the online environment.