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