“The biggest problem with the PACT Act involves Section 230, the federal law that shields internet platforms from some liability for user-created content. An existing exception to this applies when federal criminal laws are concerned. Under the PACT Act’s proposed changes, however, federal civil laws would also be exempted, too. This means federal regulatory agencies could sue online entities when things their users post allegedly violate civil laws, including anti-discrimination and accessibility statutes.
Even more significantly, the PACT Act would let state attorneys general get in on the action—”allowing state attorneys general to enforce federal civil laws against online platforms,” as Schatz’s press release puts it. That means that for the same alleged violation, a company could face the wrath of the federal government and dozens of state prosecutors at the same time.”
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“The required process for allowing people to report, question, contest, and appeal all content moderation decisions would be an even bigger burden—and one that allowed for targeted harassment and censorship campaigns by groups intent on punishing certain platforms or silencing certain groups.
“This bill basically empowers trolls to harass companies,” Masnick writes. “All it will do is harm smaller companies, like ours, by putting a massive compliance burden on us, accomplishing nothing but…helping trolls annoy us.””
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“Sponsored by Sens. Brian Schatz (D–Hawaii) and John Thune (R–S.D.), the PACT Act was first introduced last summer”