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Yes and no: SESTA/FOSTA make business liable for certain criminal content on their platforms. But the Section 230 shield wasn't about liability in general, but
by IAmEveryone 9y ago
Yes and no: SESTA/FOSTA make business liable for certain criminal content on their platforms. But the Section 230 shield wasn't about liability in general, but rather about protecting you from an increase in liability as a result of moderation.
To use an analogy: Sec 230 is like a "Good Samaritan" law that protects people who try to help accident victims from liability for their actions. This is obviously good public policy, because many people are scared of being sued if they make any mistakes (or even if they don't), even though the evidence points overwhelmingly to a net positive effect of such attempts of help.
Backpage used Section 230 like a guy punching someone in the face and then claiming they were trying to protect them from the mosquito sitting on their nose.
The new law assigns liability if you are grossly negligent in allowing certain content to flourish on your platform.
But, the important point is: this liability is independent of any moderation platforms may or may not engage in. The attempt to moderate some content still does not increase your liability.