FCC as Edge Regulator

Law firm Cooley LLP has broken out the ways that the National Telecommunications and Information Administration's Sec 230 petition, if acted on by the Federal Communications Commission, would impose “sweeping changes.” For one, its requirement that websites disclose their moderation policies would subject edge provider content to the FCC’s authority for the first time. It could also affect review sites, gaming sites, and online advertising. Protection against liability for third-party content would be available only when an interactive computer service (such as a website or app) failed to remove information provided by a third party. Under the proposed rules, a provider that solicits content, chooses third-party content for its site or promotes third-party content to its users would lose its immunity. This could mean that there would be no immunity for advertising or for content that was recommended to users through a preference engine. Moderation would include restricting access to or the availability of content and barring users from posting temporarily or permanently. Warnings placed on user-generated content would be treated as content generated by the internet platform, rather than moderation, and would not be within the protections of Section 230.