Regulating Modern Public Squares
Social media platforms — like Facebook and Twitter — are the go-to for Americans to communicate, interact, and get their news.
These platforms have become what they are today through ingenuity, innovation, and to a lesser degree, the “light-touch” regulation that has allowed for innovators to create and thrive.
Unfortunately, the innumerable benefits that these platforms afford have been exploited by bad actors seeking to manipulate their format and undermine our democracy through disinformation campaigns or content moderation practices that resemble censorship.
In light of recent events, Congress has legitimate questions about how these platforms operate within the values of free speech and democracy, and whether new federal laws or regulations are needed to protect our civil liberties and safeguard our collective security.
These are the type of difficult conversations my colleagues and I on the Energy and Commerce Committee will continue to have this afternoon as we host Twitter CEO, Jack Dorsey.
This hearing will give members of the Committee a chance to get answers directly from the leadership of Twitter about the company’s use of algorithms to remove indecent or inappropriate content and scenarios in which human decisions to remove content may toe the line of editorial or publishing control.
In addition, Dorsey should take this opportunity to shed light on his company’s decision-making procedures for moderating content on the platform. We will consider the efficacy behind using the court of public opinion to influence moderation practices, while uncovering whether these social media platforms reward extreme rhetoric that can exacerbate prospects for foreign actors to unduly influence our electoral processes.
One particular area of the law that will be examined during the hearing is Section 230 of the Communications Decency Act.
Experts from all corners of the country agree that this cornerstone, light-touch regulation has allowed the United States to emerge as global leader in technological innovation on the Internet.
In short, Section 230 states that interactive computer services, such as Twitter, are not liable for third party content.
This law has worked on two levels: it has allowed the expanse of a free internet open to all ideas while simultaneously encouraging platforms like Twitter to remove indecent material online independent of federal regulation, making their community more consumer-friendly.
Another issue the Committee will also be paying close attention to is how the European Union’s recently-enacted General Data Protection Regulation (GDPR) plays out in real time.
GDPR focuses on data as a right of the user — an idea from which the philosophy behind its policy propagates. The law gives users access to their personal data, with the right to correct it (“rectification”), the right to transfer it (“data portability”), and the right to request it be deleted (“right to erasure”).
It also requires companies to define and disclose how they will keep such data secure, creating an inventory of the data in the process, along with limitations on duration and use of the data itself.
Underpinning the GDPR is an attempt to harmonize data protection laws for businesses across the EU or doing business in EU countries. We will get the opportunity to hear from Dorsey about how these laws may help protect user data and, conversely, how these regulations may insulate larger platforms and inhibit smaller companies from entering the marketplace.
During this session of Congress, the Energy and Commerce Committee has heard testimony from telecommunication and Internet experts alike on the issues of technical proficiencies of automated vehicles, barriers broadband buildout, supply chain vulnerabilities, and proper spectrum management.
We’ve conducted hearings on the intricacies of our multi-layered Internet, the mechanics of digital advertising, and hosted Facebook CEO Mark Zuckerberg to discuss data-collection activities.
This week’s appearance by Dorsey will add to our broader conversation about the federal government’s role in encouraging technological innovation. The hearing will bring transparency to the practices of private companies making decisions on content management, so Members of Congress can make more informed decisions on federal regulation.
I look forward to the answers that CEO Jack Dorsey will provide this Committee today, and encourage the tech community writ large to work with Congress on bipartisan solutions that will ensure consumer protection while encouraging competition and innovation.
