4.8 • 45 Ratings
🗓️ 18 July 2019
⏱️ 29 minutes
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0:00.0 | Welcome to the Tech Policy Podcast. I'm Ashken Kazarian. On today's show, we're going to go back to a topic very near and dear to our hearts, and we've talked about it in previous episodes that we will link in our show notes to. |
0:18.2 | We're going to talk about Sesta and Fasta, the laws that were passed through |
0:23.3 | Congress last year to stop sex trafficking. It was targeted at different internet companies |
0:29.2 | to kind of help law enforcement go through that. However, that law, as we have warned, was going to |
0:34.9 | have a lot of unintended, crucial negative consequences on different groups of people. |
0:41.2 | Joining us is clinical instructor and lecturer on law at Harvard Law School, Kendra Albert. |
0:46.5 | Hello, thanks for having me. |
0:48.3 | Thank you so much for coming. Kendra. Tell us, what is Sesta Foster? |
0:53.1 | So Sesta and Foster were two bills that were before Congress last year. |
0:58.7 | And they were meant to amend Section 230. |
1:02.3 | And for folks who are unfamiliar, |
1:03.6 | Section 230 is like the bedrock of online speech law. |
1:08.0 | And what it does is it, as y'all have probably talked about on the podcast before, |
1:12.8 | is it protects platforms or basically anyone who hosts other people's content online from being |
1:18.6 | held liable as a publisher of something for someone, someone else says, held liable as the publisher |
1:25.6 | for something someone else says. So what that means in practice is, for example, if you, if you're a Yelp and someone writes a |
1:32.1 | review of a carpet cleaner that happens to be defamatory, it says all kinds of things about |
1:37.0 | their carpet cleaning that are just untrue, that harm their reputation, meets all the |
1:40.9 | characteristics of defamatory speech. |
1:43.0 | Under pre-CDA 230 law, you could potentially be held liable for the, |
1:49.0 | for the, those defamatory statements about the carpet cleaner. |
1:53.3 | But CDA 230 makes it so the Yelp can't be held liable for the, |
... |
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