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As the coronavirus recession requires the Internet
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to take on an even more central role in our
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economy, its major stakeholders are changing the
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landscape. The Justice Department set to put
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forward a plan as soon as today to roll back
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legal protections that online platforms have
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enjoyed for more than two decades.
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There's a lot of line here in terms of the soul of
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the country. The president becomes increasingly
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concerned that some of these platforms are
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perhaps violating free speech and also bias
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against conservatives. Twitter attempted to
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control the narrative by starting to fact check
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tweets on its platform, specifically those by
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world leaders. President Trump responded with an
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executive order re-examining the ability for
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social media platforms to monitor speech.
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What they choose to fact check and what they
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choose to ignore or even promote is nothing more
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than a political activism group or political
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activism. And it's inappropriate.
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But I think one of the most terrifying parts of it
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involves a suggestion that the government should
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be setting ground rules for what speech is or is
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not allowed on a platform.
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That video that can demonstrate the eight minutes
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of torture that an African-American man had under
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the police can be put on a medium like Facebook
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or Twitter and have different interpretations.
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But I don't think that Facebook or Internet
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platforms in general should be arbiters of truth.
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The battle over who regulates the platform and the
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Internet overall started long before social media
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was even an idea with the actual hardware of the
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network. The dark side began to appear when money
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became the driver. And while our digital avatars
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become ever more important to our physical
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livelihoods and our understanding of the world
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around us, one question remains: who controls the
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Internet? The Internet was originally
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developed by computer scientists so they could
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better share their research with each other.
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The U.S. Department of Defense's Advanced
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Research Projects Agency, or ARPA, financed the
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project. It was an uncontrolled new environment.
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Start at the end research.
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The research was everything.
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Arpanet, as it was called, was focused on sharing
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packets of digital information.
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I developed basically a mathematical theory of
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packet to achieve network the networks we have
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today called the Internet. ARPA said we need a
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network. Here finally was the promise that we
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could implement this technology that I had been
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working on for so many years.
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So sure enough, in less than nine months,
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Berrinagon Nooman, the company that won the
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contract delivered the first switch.
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What, we now call a router to UCLA.
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We connected it up to our computer.
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And a month later, in October 1969, Stanford
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Research Institute, 400 miles of the north, got
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their router. And we deployed a high speed link
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between the two and now had two node network.
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Over time, more research facilities started
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joining the network. And it started to grow.
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The National Science Foundation, or NSF, also
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opened up the networks users from just computer
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scientists to any researcher or educational
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institution that could reach it, free of charge.
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NSF built the hardware that became the backbone
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of the network. Personal computers were also
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becoming more common, and the graphical interface
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of the World Wide Web was being developed.
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All of these items together grew into what is now
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known as the Internet.
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At the same time, private companies started
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building their own networks.
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In 1991, then Senator Al Gore sponsored a bill to
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help fund what he calls the Information
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Superhighway. That bill injected 600 million
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dollars into the development of the Internet.
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Al Gore put together an a wonderful constituency
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of academia, industry and government to basically
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deploy a very high speed gigabit per second
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backbone network. So people like to snicker at
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that. He made a major contribution in deploying
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the backbone. This bill encouraged the Internet
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to grow in both private and public sectors.
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In 1995, NSF then awarded contracts for access
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points for private companies to maintain the
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backbone of the Internet and decommissioned its
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own NSF net backbone in April of that year.
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Over the next three years, NSF helped create the
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framework the Internet has today officially
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ending its direct role in the Internet in 1998.
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That's an example where the government creates
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really something innovative like it did with the
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Internet and then handed over to the private
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sector to take that and make it something that's
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usable for the common person.
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Many of these innovations have been able to evolve
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due to the light touch regulatory framework that
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we've had since the Clinton-Gore administration.
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I thank the vice president who fought for this
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bill for so long on behalf of the American
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people. And I thank the members of Congress
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in both parties, starting with the leadership who
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believed in the promise and the possibility of
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telecommunications reform.
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So the '96 Communications Act update really
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provided for more spectrum, because what
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regulators found was that as these systems were
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actually evolving, they needed more fuel.
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It was a very much a consensus bill and
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it really did pave the way for the Internet that
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we see today. With so many new stakeholders in
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the backbone of the Internet.
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More voices started gaining traction.
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This now became a world that the consumer could
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enter and business could enter.
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Now, once that happens, there's a major change in
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the taste and the character of this network,
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namely, it is now a money machine.
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The Federal Communications Commission, or FCC,
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regulates the infrastructure that supports the
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Internet. How far that regulation extends, has
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been a challenge for policymakers.
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There's a belief that the FCC should step in and
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dictate the extent to which this subdominant of
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company when it comes to their content.
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And again, whether or not they preference that
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content, by putting it over others or they
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discriminate against other content by not letting
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you see it or the throttle it, slow it down.You
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know, all of that comes under the net neutrality
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provision, which the FCC kicked out.
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Many question if the Internet should be considered
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a public utility or remain a service provided by
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private companies.
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The coronavirus pandemic heighten the debate
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after companies like Facebook, YouTube, Netflix
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and others responded to a request from the
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European Union to stream their content in a lower
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quality in Europe.
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However, the network in the U.S.
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was able to withstand the increase in data usage
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without having to throttle.
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And I'm very proud that it didn't collapse.
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That it was right there.
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It hardly basically shuddered when this demand
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came in. Paid prioritization would allow
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companies to sell what they call a fast lane.
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Can the Federal Communications Commission, the
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FCC, dictate where the businesses
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must lay cable?
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The underlying speeds that they may maintain and
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whether they can do a paid prioritization?
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What I personally don't want is to allow a
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provider to decide who gets bandwidth, who gets
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how much bandwidth and if and when that benefit
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gets turned off. At the end of the last
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administration, the Federal Communications
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Commission declared that there can be no paid
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prioritization. Then in 2016, the U.S.
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Congress enacted a bill to override that
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decision by the Federal Communications
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Commission, which handed back to the broadband
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deployers the option to do paid prioritization.
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So that's kind of where it stands now.
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While the courts are still deciding who regulates
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access to the Internet.
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The conversations taking place online are growing
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increasingly tense.
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Today, I'm signing executive order to protect and
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uphold the free speech and rights of the American
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people. Currently, social media giants like
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Twitter receive an unprecedented liability shield
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based on the theory that they're a neutral
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platform, which they are not.
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Not an editor with a viewpoint.
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My executive order calls for new regulations.
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Under Section 230 of the Communications Decency
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Act to make it that social media companies that
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engage in censoring or any political content will
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not be able to keep their liability shield.
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That's a big deal. Days after President Trump
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signed this executive order, it was challenged in
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the courts. On the false assumption that's being
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made is you either are a neutral platform or you
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moderate content. And that's a false choice.
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And that's not what the law requires.
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The law says you can be whatever type of platform
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you want. And when you remove content that you
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consider to be objectionable, you're not going to
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assume liability for that.
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I think for the most part, tech companies don't
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want their content to lead to unlawful activity,
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but they actually have a huge challenge when it
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comes to the recent activities of the president's
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tweet that in some way could have been perceived
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as inciting violence.
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Twitter obviously came through and said, hey,
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we're just going to mark this as a potential for
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that. Facebook, Mark Zuckerberg basically said
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Facebook is staying out of it because they're not
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the arbiter of anybody's troop.
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When it came to the president's executive order,
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it's there's a lot of different components in it
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that are worth unpacking.
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But I think one of the most terrifying parts of
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it involves a suggestion that the government
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should be setting ground rules for what speech is
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or is not allowed on a platform.
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That suggestion was first explored in the 1996
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Communications Decency Act aimed at curtailing
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the presence of pornography and illicit activity
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on the Internet. The entire Communications
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Decency Act was found to violate the First
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Amendment, except for Section 230.
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Those two important provisions.
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One, it makes clear what is called conduit
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immunity, which basically says if you are just
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the intermediary, you are not responsible for the
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content that is transmitted.
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Good example that would be in a library.
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But the more important provision is the second
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section which made clear that platforms
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could moderate content that could remove lewd,
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lascivious or otherwise objectionable content
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without assuming liability or either the removal
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of that content or the failure to catch any
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content that they didn't remove.
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Section 230 empowers somebody who's setting up a
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social media Web site for cat lovers to remove
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any dog related content.
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In effect, President Trump's executive order would
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change how social media platforms are treated
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under the law and consider them publishers, which
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could make them liable for all content written on
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their sites. Just like media organizations like
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CNBC. The DOJ has been working on this for about
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a year. But it does dovetail with the president's
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recent executive order, which require the FCC or
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would at least ask the FCC to promulgate new
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regulations in this space as well.
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It wants Congress to rewrite Section 230 of the
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Communications Decency Act to remove the
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liability shield for civil action if platforms
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are found to facilitate or solicit federal
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criminal activity, such as fraud or scams.
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All of these changes could upend the business
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model for tech's biggest companies.