Commissioner Starks Remarks on Section 230

Concerning President Donald Trump's Executive Order on Preventing Online Censorship, I first want to talk about process and why the FCC needs to keep it from dragging out. Second, I want to move on to the question of the FCC’s rulemaking authority here. And finally, I want to raise some key questions around the substance of the Executive Order. 1) Given the role Section 230 has played in shaping American life online, we have to get this right. And we need to act quickly. 2) I am skeptical that there’s any role for the FCC here. 3) If the FCC does proceed with a rulemaking, we will have to confront challenging substantive questions. Perhaps most importantly, the Executive Order’s approach raises serious First Amendment concerns. 4) We have to be mindful of how broad the consequences of FCC action could be.


Commissioner Starks Remarks at ITIF Webinar on Section 230