More Details Emerge As States' Attorneys General Seek To Hold Back Innovation On The Internet

from the this-is-a-bad-idea dept

We already wrote about how various states' attorneys general (AGs) are seeking to get Congress to give them an exception to Section 230 of the CDA, which would let them pin liability on internet companies for the actions of their users. Now, more details are coming out, as reported in TechHive. The effort is apparently being led by South Dakota's attorney general, Marty Jackley, with help from AGs Bob Ferguson of Washington and Chris Koster of Missouri. Ferguson being included is a bit of a surprise, since Washington state has some big internet companies, and it's bizarre that he'd push for a law that would create so much harm to the internet. In the article, Jackley is quoted as complaining about:
the unintended consequence of Section 230 in that "you've essentially given these guys immunity" when state criminal laws are broken.
Except, that's wrong. Section 230 does not grant them immunity if they broke state criminal laws. It gives them immunity if their users broke state criminal laws. And that's perfectly reasonable, because the AGs should be going after the actual criminals, not the company who made the tools they used. In fact, since many companies will cooperate with legitimate law enforcement requests, having a good relationship with these companies should help these AGs catch criminals. That is, rather than blame Craigslist for criminals using it, they should be working with them to use information on the site to catch criminals. But I guess actually catching a pimp is less exciting than falsely calling Craigslist a pimp-enabler and attacking them in the press.

Meanwhile, some other AGs are looking to completely reinterpret section 230 to their liking. We already noted just recently that Mississippi Attorney General Jim Hood is trying to blame Google because he could search and find counterfeit goods for sale (by others). In comments, at the NAAG meeting, Hood is now trying to argue that because of Google's "autocomplete," it shouldn't be subject to 230 safe harbors.
One avenue prosecutors may seek to explore is the statute’s vague definition of an intermediary versus a content provider, Reidenberg suggested. During discussion after the panel presentations, Mississippi Attorney General Jim Hood pressed that angle, asking the panelists what acts by a site operator might be sufficient to categorize it as a content provider, not simply an intermediary.

Hood zeroed in on autocomplete in particular, saying, “We know they manipulate the autocomplete feature.” He is concerned about search engines, particularly Google, where for example a user entering “prescription drugs online” is given “prescription drugs online without a prescription” as an autocomplete option.
Except that if Hood actually understood how autocomplete worked, he'd know that's ridiculous. Google is not creating that content. It's just showing you what terms others are searching for. That is, it's providing factual information. That information could actually be useful to Hood, if he wanted to actually do his job and go after those who are selling the counterfeit drugs, rather than stupidly attacking the platform that would be a big help in tracking down the criminals. But, apparently, stopping truly rogue pharmacies is less headline grabbing than going after Google, even if Google has nothing to do with the actual sale of the counterfeit drugs.

Filed Under: attorneys general, bob ferguson, chris koster, innovation, jim hood, marty jackley, secondary liability, section 230, states


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  1. This comment has been flagged by the community. Click here to show it
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    out_of_the_blue, 19 Jun 2013 @ 5:43pm

    Expected Techhive to be one of Mike's piratey pals...

    But it's a real site with BALANCED view! Don't see how anyone can agree with Googler Mike after reading THIS:

    Hood’s office has been investigating the role Google search and advertising play in facilitating illegal purchases of prescription drugs and pirated intellectual property, activities he elaborated on for the NAAG group later on Tuesday.

    While television stations and newspapers would be easily prosecutable for such behavior, Section 230 protects online companies such as Google from legal consequences, according to Hood.

    The statute was designed as a shield, Hood said, but in the face of challenges to the role it plays in drug sales and piracy, he sees Google using Section 230 “as a sword.”


    We've done had the "innovative" era on teh internets, Mike, and the result is mega-corporations on the one hand, and nasty kids going beyond decency to actual harm.

    Service providers, even if a mere free-to-use physical bulletin board, DO in fact have SOME degree of responsibility to police their area.

    Mike and his grifter pals want money coming without responsibility, whether their services have comments or infringed files. Mike's pro-corporate view is that corporations are above "natural" persons, don't have to actually serve the society they exist in. That's not an attitude that sustains civilization, it's just elitism of the 1% who skim off the productive 99% without even being grateful, grifters who don't trade value for value.

    Google can spend a tiny fraction of the billions they're hiding offshore from taxes on being a good citizen, JUST as newspapers do. It's not onerous or some special burden, it's ORDINARY, just a part of common law they've for a while had a special exemption FROM, not the way Mike spins it.

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