NTIA Files Section 230 Petition to FCC

On July 27, 2020, the National Telecommunications and Information Administration (“NTIA”) filed a Petition for Rulemaking (“Petition”) asking the Commission to initiate a rulemaking proceeding to clarify Section 230 of the Communications Act of 1934 (“Section 230”), in accordance with President Trump’s executive order. Specifically, NTIA requests that the Commission proposed rules to clarify:

 

  • The relationship between subparagraphs (c)(1) and (c)(2) of Section 230;
  • The conditions under which an action restricting access to or availability of material is not “taken in good faith” within the meaning of Section 230; and
  • To consider other regulations proposed by NTIA, including “[imposing] disclosure requirements similar those imposed on other internet companies, such as major broadband service providers, to promote free and open debate on the internet.”

 

Commissioner Rosenworcel and Commissioner Starks each released a statement urging the Commission to reject the Petition; Commissioner Carr released a statement supporting action on the petition.

 

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