Supreme Court to Review Section 230 for Big Tech

The Supreme Court agreed to take up two cases that could potentially challenge antitrust protections for Big Tech companies.

The nation’s highest court approved on Monday the consideration of Gonzalez v. Google and Taamneh v. Twitter.

Both cases could bring changes to Section 230 of the Communications Decency Act, which ostensibly protects internet websites from being liable for content posted by users.

Gonzalez v. Google involves a lawsuit from Reynaldo Gonzalez, who sued Google under the Antiterrorism and Effective Death Penalty Act after his daughter was killed during a 2015 Islamic State attack in Paris.

As part of his claim, Gonzalez alleges Google assisted ISIS by hosting recruitment videos on YouTube and argued that Google “recommended ISIS videos to users” through its algorithm, thus making it liable for helping the terrorist organization.

In Taamneh v. Twitter, the plaintiffs maintain that ISIS used Twitter’s social platforms to recruit, raise funds, spread propaganda, and plan and execute terror attacks.

The Section 230 portion of the Communications Decency Act has come under fire in recent years, particularly among conservatives, who claim the 230 component empowers websites to censor companies or specific content, without any just cause.

Last week, the House chamber approved a bill (by a 242-184 vote) that gives states more power when enforcing antitrust cases against Big Tech entities.

The measure would lead to an increase in fees for antitrust reviews of the biggest mergers and strengthen state attorneys general in antitrust fights.

The bipartisan bill, which has yet to pass in the Senate, combines a merger fee bill introduced by Rep. Joe Neguse, D-Colo., and a measure to mandate that state attorneys general can pick the venue for antitrust lawsuits, which was introduced by Rep. Ken Buck, R-Colo.

Also last week, Buck acknowledged there were a litany of antitrust-focused bills under consideration for a House vote.

Buck said Big Tech is too big to fear any court challenges that might arise from Section 230 of the Communications Decency Act, or the privacy act.

“But they’re desperately afraid of antitrust bills,” said Buck, while appearing on “National Report.” “[Big Tech spends] so much money” lobbying on other issues within the House.

“It’s clear that Big Tech is afraid of antitrust, they’re afraid of competition,” added Buck.

Buck referenced how Google controls 94% of online searches in America, which reflexively means that Google has near-absolute power in shaping what Internet consumers see, and don’t see, from various media sources.

“What America needs are five Googles, or 10 Facebooks,” says Buck, while adding that cable TV networks and news publications today feature expansive content which satisfies consumers who typically lean right, left, and all places in-between.

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