Lindsey Graham Promises To Try To Repeal Section 230 Every Week

from the i-do-not-like-230-sam-i-am,-i-do-not-like-it-anywhere dept

It is no secret that Senator Lindsey Graham hates Section 230. It’s also no secret that he has no clue how the internet or Section 230 actually work. He’s pushed bills to repeal 230 directly, and he’s pushed bills to repeal 230 indirectly. He does not like Section 230 in a house, or with a mouse. He does not like 230, Sam I Am.

And now, according to Politico’s Morning Tech, he’s going to do everything he can to repeal it:

GRAHAM EYES SEC. 230 REPEAL — Sen. Lindsey Graham (R-S.C.) wants to fully repeal the tech industry’s coveted liability shield, and he plans to release a bill doing just that after next week’s Senate Judiciary Committee hearing with the CEOs from Meta, TikTok, Snap, Discord and X. Graham said he doesn’t believe the self-reform promises he expects tech companies to make at the hearing over their alleged failure to combat child sexual abuse material. “I’d love to have your input, but I’m gonna start with allowing people to sue you,” Graham told reporters on Thursday about his often-repeated threat to eradicate Section 230 of the Communications Decency Act. It’d mimic a bill he introduced in 2021 as well.

Again, this makes it clear he has no clue what he’s talking about. On multiple levels. Let’s go through this yet again, as it appears Senator Graham refuses to understand this:

  1. Child sexual abuse material is already very, very, very illegal (for obviously good reasons). The tech companies already go to great lengths to follow the law and report that content when they become aware of it to NCMEC’s Cybertipline, because if they don’t, they’d be in deep deep shit. According to the last report (for the year 2022), NCMEC received 32 million reports from somewhere close to 250 different websites. That does not sound like companies not taking this issue seriously. It sounds like them obeying the law.
  2. The bigger question is what happens with those reports. All evidence suggests that the DOJ is the one falling down on the job in not doing anything with the reports the tech companies send in to NCMEC.
  3. None of this has anything to do with Section 230 at all. Indeed, Section 230 already has a clear carveout for violations of federal criminal law, and always has. CSAM absolutely violates federal criminal law. Repealing 230 doesn’t change any of that.
  4. As for, as Graham claims, “allowing people to sue you,” the question is “for what?” As soon as the companies discover CSAM, they report it to NCMEC as required by law. What does he think people are going to be able to sue about?
  5. Even worse (significantly worse), repealing Section 230 will (if anything) make websites less willing to more proactively police CSAM, because without Section 230, the 1st Amendment will still require that any website must first know about any sort of violative behavior before it could be liable. So, without a 230 to protect them, websites will be much less willing to proactively hunt for any CSAM to report to the authorities.

So, in the end, this misdiagnoses the problem, blames tech companies (which already are fighting the problem) when it appears it’s actually the US government’s failure, and proposes a solution that, inherently, would make the problem worse, not better.

It’s a clusterfuck of stupid.

— Bringing it to the floor: The Senate Judiciary Committee’s ranking member said he’d then go to the Senate floor “once a week” to ask for an expedited unanimous consent vote on the repeal measure, as well as other Senate Judiciary bills focused on allowing other carve-outs to Section 230 over CSAM content, and his Digital Consumer Protection Commission Act to create a federal agency to regulate tech platforms.

So, not only is this a terrible and counterproductive plan, it’s one that Graham intends to make sure everyone has to waste their time on every damn week. If you don’t remember, going for unanimous consent is a way to try to sneak through legislation without a full vote. That means that someone will always need to be ready to jump in and block unanimous consent, every damn week.

This is not legislating. This is grandstanding, performative nonsense from a Senator who should know better.

Filed Under: , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Lindsey Graham Promises To Try To Repeal Section 230 Every Week”

Subscribe: RSS Leave a comment
76 Comments
Anonymous Coward says:

Re:

Please step away from the big red friendly “panic” button.

There are a lot of people in congress (some are even Republicans!) who understand what 230 does. Graham’s performative nonsense has a rough road ahead of it.

Individual senators are indeed powerful (qv: Wyden), but not so powerful that they can push a bill into becoming law by their lonesome.

This comment has been flagged by the community. Click here to show it.

bhull242 (profile) says:

Re: Re: Re:

I mean, by calling it “performative nonsense”, that’s pretty clearly saying it has a rough road ahead of it.

More importantly, since Graham is going for the expedited unanimous consent vote, that is inherently far less likely to succeed. There will probably always be someone in the Senate to vote “nay”, so there’s little chance of it getting anywhere.

mick says:

Re: Re:

There are a lot of people in congress (some are even Republicans!) who understand what 230 does.

Pretty please, name a single person from each party not named “Wyden” who has a basic understanding of Section 230, along with evidence of that understanding.

Because until you do that, you’re talking out your ass.

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
That One Guy (profile) says:

'How disgusting can a politician get?' is not a contest

I don’t believe for a second that no-one has told Lindsey Graham that CSAM isn’t even remotely covered by 230 and/or that revoking 230 will make platforms less likely and able to deal with CSAM which can only mean he’s deliberately lying and using the exploitation of children for political means, after having been told that if he gets his way those posting and sharing CSAM will be less likely to be found.

I’d say I struggle to think of a way he could be more vile and reprehensible but given his behavior so far I honestly fear he might take that as a challenge.

This comment has been flagged by the community. Click here to show it.

ECA (profile) says:

Re: opinion?

Simple.
This is part 1.
Part 2, will be what they wanted to do to NEWSPAPERS.
REQUIRE them to publish what ever Garbage they want.
Restrict, Coverage of certain things that they DONT want covered.

They are Afraid of the internet. Its TO FAST. In that NEWS can spread in a Moment, not 1 day, as with newspapers.
they already have SOME control over TV, as removing a License is very easy.

These folks make so many Goofs, its stupid. and they do NOT want coverage of it.
CSPAN, was a great IDEA, if you ever watch it and not fall asleep. Where is anything important being done?
This is like everyone wearing Sunday best, 1 time per week. And the rest of the time they are wearing Garbage worn Clothing.
Everything in Congress is BEHIND the Curtain.

And to make a point:
Laws are supposed to be Voted on by the people, as THEY are the ones that will need to LIVE by them, NOT the politician, as they Live by WHO pays them the MOST.

Its easy to corrupt a few hundred in congress, HARD is corrupting Millions..

When was the last time WE/YOU voted for a law to be installed/created.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
Cat_Daddy (profile) says:

Re: Re: Re:

Mate. Please. Calm. down.

What Lindsey Graham’s doing is performative nonsense. I think he’s bluffing about bringing a repeal every week. Again, it’s just theatrics. At this point, Graham’s desperate to gain any form of clout and he’ll be an obnoxious gnat about it.

Paradoxically, worrying about it and spamming across the comment sections about whether it’ll pass or not and demanding questions is also just as counterproductive. So please stop asking cause clearly it’s not helping you. Do something else. Worrying about it will only hurt you. Stop spamming or else we’ll start labeling you as spam. Are we clear?

This comment has been flagged by the community. Click here to show it.

benjamin klein says:

Re: Re: Re:2 why do you think graham is bluffing ?

why do you think graham is bluffing according tp an article of bofa Graham was on the phone every week in December with Speaker Johnson the new house speaker and ranking majority leader Hakeem Jefferies. Senator Graham admitted that because both House speakers McCarthy and Pelosi were California which is where Silicon Valley is located he never could do what he is going to do now with section 230, now he can because both House speakers now are not in California. so i’m a little worry i hope your understand

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

Re: Re: Re:

You format your comments like spam, you keep asking the same question over and over in different forms, and you seem to be angling for someone from Techdirt’s editorial team to answer you so you can…I dunno, keep asking them the same question, I guess. Ask your question once and calm the hell down.

This comment has been flagged by the community. Click here to show it.

Gribby Larosa says:

Yes the House will get rid of section 230

From what I heard YES. As a matter of fact last year Senator Graham was on the phone every week in December with Speaker Johnson the new house speaker and ranking majority leader Hakeem Jefferies. Senator Graham admitted that because both House speakers McCarthy and Pelosi were California which is where Silicon Valley is located he never could do what he is going to do now with section 230, now he can because both House speakers now are not in California.

Senator Graham also admitted he knows about Senator Wyden and says he knows the Oregon senator is not there every week, so that is when Graham will ask for unanimous consent. Graham now says he feel confident that section 230 will be gone now. Him and Senator Whitehouse have a new section 230 which he says will be 200% better and if some companies end up leaving the internet it’s the children that will benefit. I will post the link when I can I have to remember where I found that news but it was one of my paid subscriptions.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

sumgai (profile) says:

Re:

Not to mention, but NO, you don’t need our opinions. Unless you’re actually someone in the stratosphere of of the powers-that-be, then you can’t possibly do anything of repute upon learning what our opinions might be.

You’re new here, so Lesson #1 is, don’t antagonize the hoi-poi. Doing so tends to earn flags, and thence the hiding of your posts. Don’t say you were never warned.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
Mamba (profile) says:

Re:

Lindsey Graham is a bloviating windbag with the constitutional fortitude of a bowl of jello. His previous employment as a lawyer really has no bearing, as the Republican party is full of highly educated lawyers, that are constantly losing in court. He has demonstrated he will easily and willingly lie to achieve his agenda.

His plan will effectively end social media, forums, any type of user posted content will be a massive, massive risk.

This comment has been flagged by the community. Click here to show it.

Klein (profile) says:

Re: Re: That,s why i need to know your thoughts do you think if its plan could be really succesful ?

I Hope your understand does anyone knows if the house leaders will accept a repeal of 230 ? I know Johnson will accept but i have no idea about hakeem Jeffries will hé accept it and do you know guys if anyone in the senate except wyden of course IS against 230 repeal thanks for the answers

This comment has been flagged by the community. Click here to show it.

benjamin klein says:

last question about the article of gribby larosa do you think it's fake ?

hello i have a last question about Gribby Larosa article here it is a copy since the community has made the article an spam last year Senator Graham was on the phone every week in December with Speaker Johnson the new house speaker and ranking majority leader Hakeem Jefferies. Senator Graham admitted that because both House speakers McCarthy and Pelosi were California which is where Silicon Valley is located he never could do what he is going to do now with section 230, now he can because both House speakers now are not in California.

Senator Graham also admitted he knows about Senator Wyden and says he knows the Oregon senator is not there every week, so that is when Graham will ask for unanimous consent Graham now says he feel confident that section 230 will be gone now. Him and Senator Whitehouse have a new section 230 which he says will be 200% better and if some companies end up leaving the internet it’s the children that will benefit. do you think this article is fake news or it is real deal i need your thoughts mike i would like to have your thoughts you know lindsey graham right ?

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

That Anonymous Coward (profile) says:

I would love to see one of the CEO’s today to challenge Ms. Lindsey.
Gave a soundbite to the media how people harmed by ‘big tech’ can’t sue big tech for the harms. Ask him is he passing a law to remove the shield from gun makers first.

Of course Durbin was claiming that parents just can’t fight against big tech so its big techs job to raise their kids for them. I just want to know how FB is managing to send iPhones with service to all of these kids…

T (profile) says:

To paraphrase just slightly,

If you’re waiting for Lindsey Graham and the Republicans of the Senate judiciary committee to solve the problem, you’re going to die waiting.

Basically, every tentative solution they seem to have come up with so far hurts either kids, or Republicans – or both – but they can’t seem to stop themselves from aiming squarely at their own feet.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Subscribe to Our Newsletter

Get all our posts in your inbox with the Techdirt Daily Newsletter!

We don’t spam. Read our privacy policy for more info.

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...