Companies and Internet Users reposting Third Party Material as liability. Recorded earlier this week this is just over three hours reposting Third Party Material as liability. Recorded earlier this week this is just over three hours. The committee will now come to order the chair recognizes himself or five minutes for Opening Statement. On my content on online content moderation is the negine experience we know today whether looking up restaurant reviews or catching up on snl on youtube are checking in on a friend or a loved one on social media these are all experiences we have come to know and rely on. And the platforms we go to to do these things have been enabled by User Generated Content as well as the ability of these companies to moderate that content and create communities. Section 230 of Communications Decency actit has enabled that ecosystem to evolve by giving only companies the ability to moderatec content without equating them to the publisher or speaker of the content, we have a creation of massive online of communities of people to come together and interact. Today this committee will be examining as the section 230 is enabled good and bad. Thank you to the witnesses for appearing before us each of you represents important perspectives related to content moderation in the online ecosystem. Many of you have complex concerns in your testimony and i agree this is a complex issue. I know some of you have argued congress should amend to 32 address online criminal activity misinformation and hate speech. I agree these are serious issues. Like too many other communitiesuc my hometown of pittsburgh has seen what unchecked hate can lead to we had the most deadly attack on Jewish Americans in our history. The shooter did so after posting antisemitic remarks on a fringe site before finally posting he was going in. A similar act in new zealand and streamed the act on social media and why they quell to spread that they didnt move fast enough and those algorithms with celebrities still please go viral and sports highlights help to attack. The in 2016 we saw similar issues those they used to use that problem form againsten us to disseminate information input to instill distrust of our leaders and institutions. Clearly we all need to do better and i would strongly encourage the witnesses before tus that represent these Online Platforms and other major platforms to step up. The other witnesses on the panel bring up serious concerns with the kind of content available on thest platforms and the impact that society. S having on and some of those very disturbing you must do more to address those concerns. That being said section 230 doesnt protect the biggest platforms but it enables common to sections on individualpl blogs, people to leave honest and open reviews and discussion about controversial topicss which enriches our lives in democracy. The individual to have their voice heard that cannot be understated. Posting content truth to power has created political movements that change the world we live in. We all need to recognize the incredible power it has for good as well as the risk when misused. I look forward to our discussion today i yield the balance of my time. Thank you. April 2018 Mark Zuckerberg came before congress to say it was my mistake. About facebook and russia during the 2016 president ial elections. Passport 555 days i do not feel he learned from his mistakes recent developments confirm what we have feared they have continued to allow ads to make the online ecosystem Fertile Ground for election interference 2022. This information is not difficult with those should be easy if facebook does not want to adopt the truth of political speech than they should get out of the game. We need this discussion now more than ever and i yelled back. Now the Ranking Member for the subcommittee for five minutes for his Opening Statement. With content moderation as the Communications Decency act. This is a continuous discussion from last session how congress has accountability from the internet today. Said to represent stakeholders that are more closely tied to section 230 from large and Small Companies as well as academic and researchers. As employer im not advocating but i am for congress to say it is a slippery slope with a death by a thousand cuts with the internet industry that is a long column. So whether we discussed if there should be nuanced modifications we should enderstand how we got to this point looking at section 230 in context at the time the telecom act of 1996 included other prohibitions that were unobjectionable with lewd content for those provisions that were seen them seen were struck down by the supreme c court the section 230 provisions remained. Notably was intended to encourage platforms to bring in other services proactively to take down content. We want to encourage people like prodigy and compuserve and America Online and microsoft do everything for us to control at the front door of our house what our children see. It is unfortunate the court said it took such a broad interpretation of that platform having to demonstrate that we are doing Everything Possible set of encouraging those provisions with the numerous platforms and then use precision all tools to avoid litigation without having to take any responsibility. Not only are Good Samaritan selective to take down harmful activity but section 230 is interpreted so broadly that. Any can skate by thats not to say those that are afforded by Congress Many of those platforms made billions and thats how they would be accounted for annually but oftento times this is the exception not the rule. Today we will get deeper into the platforms to look at the root content and those tools provided by sectionwe 230 for their own terms of service roder either authority we should encouraging these to continue mister chairman thank you for holding this hearing so we can have an open discussion on section 230 and reevaluate the lobby must ensure the platforms to be reasonably accountable on the platforms without drastically affecting the innovative startups i yelled back. I should have mentioned this is a joint hearing between our committee and the committee on Consumer Protection and commerce and i would like to recognize the chair of that committee for fivett minutes. Thank you mister chair and all the panelist for being here today that has improved our lives in many ways to enable americans to more actively participate in society and education and commerce. Section 230 of the Communications Decency act is at the heart of the United States internet policy and that this law allowing the internet to grow into what it is today. It is intended to incur platforms with User Generated Content to remove offensive and dangerous content. The internet has come along way since ally was first enacted. The amount of sophistication has increased exponentially. Unfortunately the number of americans who report experiencing extremism harassment which is Sexual Harassment stalking him bullying and violence over the last two years 37 percent of users say they have experienced that this year. Likewise extremism and hate speech and election interference and other problematic content is proliferating. The content is problematic and actually the cause of real harm that multibilliondollar Companies Like facebook or google and twitter cant or wont. If this werent enough cause for concern more forprofit businesses use section 230 as a liability shield that they have nothing to do with thirdparty content of moderation policy. In a recent Washington Post article executives seem to be opening the door to claimsar to claim fast communities from labor and criminal and local traffic liabilities based on section 230. This would represent a major unraveling of a few hundred years of social contract contracts, Community Governance and congressional intent. Also at issue is the ftc section five authority with the unfair and deceptive practices. To generate content. With the Service Violation to be precluded from thee immunity. So talk about into the trade agreements it seems to me that we have already seen that now and there is a push to include that now with the mexico canada us trade opening up. So they dont accommodate what the United States has done about 230. We are having a discussion right now an important conversation it is an appropriate right now to insert this Liability Protection into trade agreements and as a member of the working group to negotiate that agreement we dont need any adjustment to 230. All the issues we are talking about today indicate there may be a larger problem that 230 is no longer achieving the goal in encouraging platforms to protect their users andac today to discuss Holistic Solutions not talking about eliminating liberty may have a new look at that into the world right now and to be made even better for consumers now the Ranking Member of the committee your recognized. Good morning. Welcome to the joint hearing with online content management because the republican leader of the subcommittee my was to protect consumers and preserve the Small Businesses and startups to innovate. In that spirit we are going to discuss Online Platform section 230 of the Communications Decency act those that pursued for content based on the website by users one seek to moderate content the other did not decide in the cases the court found those that did not make contentot decisions was immune from liability but those that moderated content was not so after these decisions that congress created section 230 it is intended to protect Interactive Computer Services from what users post while also allowing them to moderate content that is illicit or illegal to those two ally one for those frivolous bad actors to make a quick buck. Section 230 is also largely misunderstood. They never wanted them to be a neutral platform but to moderate content. The Liability Protection also extended to have good faith efforts to moderate material that is obscene and lewd and obsessively violent so to be a balance to the section of 230 all Internet Companies to flourish online to keep the internet clear to empower these platforms to act in clean up their own site the internet revolutionize the freedom of speech for every american to have their voice heard with the infinite amount of information at their fingertips. That has provided a flat platform for anybody to write the oped and wikipedia provides free indepth information almost any topic you can imagine through mostly user generated and moderated content. Companies that started in dorm rooms and garages are now global powerhouses. We take great pride to be the Global Leader but have they matured. Is difficult to see disgusting or illegal content to freeze support free speech we benefit from open dialogue and Free Expression online there is a call for Big Government to mandate free speech so those that others have expressed i do not believe they are consistent they would with broadcast regulation during the 1980s and i strongly caution against advocating for similar doctrine f online. Should not be the fcc, ftc or any government agencys f job to moderate freespeech online. So with a section 230 with constructive discussions on use of content moderation. This is a very important question to explore today with everybody on the panel. How do we ensure companies with enough resources are earning the Liability Protectionry to read the sites of harmful content. I am not forgetting section 230 it is essential in that section 230 for other reasons for unintended consequences and the ability for businesses to provide new and Innovative Services and at the same time it is clear we reach that point where it is incumbent upon us as policymakers to have a serious and thoughtful discussion about having the balance on section 230 i yield back the chairman of the committee your recognized your Opening Statement. The internet is one of the single greatest innovations promoting Free Expression and community and also fosters Economic Opportunity with trillions of dollars exchanged online every year. In the Communications Decency act and then to moderate the site without excessive risk of litigation and that has been an incredible success since it became law that has been more complex and sophisticated with the Global Internet with the users are less than 1 percent of the population. Rnly one out of four americans go online every day so all of us are online almost every hour earlier this year with four. 39 billion users worldwide and now are 230 million smartphones to give access to Online Platforms. The social Political Economic fabric to enhance the Telecommunications Act and with that complexity we have also seen the darker side of the internet online radicalization has spread leading to Mass Shootings in International Terrorist using the internet to deliver recruits and platforms used for the illegal sale of drugs governments and fraudsters that disseminate new Technology Like deep space to so civil distressed under democratic elections and there are constant attacks against women and people of color and other minority groups and most despicable of all is the Sexual Exploitation of Children Online and in 1998 the material depicting the use online and while platforms are now better at detecting recent reporting shows Law Enforcement officers are overwhelmed by the crisis. These are issues that we cannot ignore and tuck Tech Companies to address the Serious Problems that each of these issues demonstrate how online content moderation does valuesy true to the and has not kept pace with the increasing importance of a Global Internet. As policymakers im sure we all have ideas how we might tackle the symptoms of content moderation while protecting free speech but we must seek to fully understand the breadth and depth of their internet to be careful and bipartisan in our approach. So i was disappointed that ambassador lightrt heiser refused to testify today. The us has included language similar to section 230 in the mexico Canada Agreement and the usjapan trade agreement Ranking Member and i wrote to the ambassador raising concerns about why the us has included the language and trade deals as we debate them across the natio nation. I was hoping to hear his perspective on why he believes that was appropriate. Including provisions that are controversial to democrats and republicans is not the way to get support from congress but hopefully the ambassador will be more responsive to request in the future and with that mister chairman i will yield back to the chair would like to remind members pursuant to Committee Rules all Opening Statements shall be made part of the recor record. I apologize the chair yields to the Ranking Member my good friend. [laughter] times have changed. Welcome to our Witnesses Today thank you for being here. At the outset we have another subcommittee meeting upstairs so i will bounce in between so i look forward to hear your comments. Without au question we are pleased to have you here siu had significant hearings to jumpstart the state of online protection with that legal basis with that ecosystem is the future of content moderation to now determine what we see online and today we undertake a deeper route of the Communications Decency act portion of the 1986 Telecommunications Act. So the chairman and i raise the issue to marry section 230 and trade agreements in a letter to the us trade representative robert light heiser. We expressed concerns of the policy to take out of the context and that in the future the trade representative should consult our committee to advance negotiable and on negotiate on these very issues. Unfortunately we have learned the language of section n 230 appeared in an agreement with japan and is still