
Evaluating Proposals to Amend Section 230, With Aaron Mackey
03/03/21 • 32 min
Aaron Mackey, staff attorney and free speech expert at the Electronic Frontier Foundation, joins Ellysse and Ashley to evaluate recent proposals to amend or repeal Section 230 based on their potential impact and effectiveness.
Mentioned
- “S.3398 - EARN IT Act of 2020,” Congress.gov.
- “S.4534 - Online Freedom and Viewpoint Diversity Act,” Congress.gov.
- “S.4632 - Online Content Policy Modernization Act,” Congress.gov.
- “S.4066 - PACT Act,” Congress.gov.
Related
- Ashley Johnson and Daniel Castro, “Proposals to Reform Section 230” (ITIF, February 2021).
- Sophia Cope, Aaron Mackey, and Andrew Crocker, “The EARN IT Act Violates the Constitution,” EFF, March 31, 2020.
- Aaron Mackey, “The PACT Act’s Attempt to Help Internet Users Hold Platforms Accountable Will End Up Hurting Online Speakers,” EFF, July 21, 2020.
- Sophia Cope and Aaron Mackey, “The PACT Act Is Not The Solution To The Problem Of Harmful Online Content,” EFF, July 30, 2020.
Aaron Mackey, staff attorney and free speech expert at the Electronic Frontier Foundation, joins Ellysse and Ashley to evaluate recent proposals to amend or repeal Section 230 based on their potential impact and effectiveness.
Mentioned
- “S.3398 - EARN IT Act of 2020,” Congress.gov.
- “S.4534 - Online Freedom and Viewpoint Diversity Act,” Congress.gov.
- “S.4632 - Online Content Policy Modernization Act,” Congress.gov.
- “S.4066 - PACT Act,” Congress.gov.
Related
- Ashley Johnson and Daniel Castro, “Proposals to Reform Section 230” (ITIF, February 2021).
- Sophia Cope, Aaron Mackey, and Andrew Crocker, “The EARN IT Act Violates the Constitution,” EFF, March 31, 2020.
- Aaron Mackey, “The PACT Act’s Attempt to Help Internet Users Hold Platforms Accountable Will End Up Hurting Online Speakers,” EFF, July 21, 2020.
- Sophia Cope and Aaron Mackey, “The PACT Act Is Not The Solution To The Problem Of Harmful Online Content,” EFF, July 30, 2020.
Previous Episode

The Political Debate Over Section 230, With Klon Kitchen
Klon Kitchen, a tech policy expert at the American Enterprise Institute who authored the Heritage Foundation’s Section 230 reform proposal, joins Ellysse and Ashley to unpack the political debate surrounding Section 230 and the treatment of political speech online.
Mentioned
- Klon Kitchen, “Section 230—Mend It, Don’t End It” (Heritage Foundation, October 2020).
Related
- Ashley Johnson and Daniel Castro, “Proposals to Reform Section 230” (ITIF, February 2021).
Next Episode

How Section 230 Shapes Content Moderation, With Daphne Keller
Daphne Keller, platform regulation expert at Stanford University and former Associate General Counsel for Google, joins Ellysse and Ashley to explain Section 230’s role in shaping how large companies approach content moderation on a massive scale, and how intermediary liability protections allow platforms of all sizes to thrive.
Mentioned
- Jennifer M. Urban, Joe Karaganis, and Brianna L. Shofield, Notice and Takedown in Everyday Practice(Berkeley Law, 2016).
- Maarten Sap et al., “The Risk of Racial Bias in Hate Speech Detection,” Proceedings of the 57th Annual Meeting of the Association for Computational Linguistics (2019): 1668-78.
- Thomas Davidson, Debasmita Bhattacharya, and Ingmar Weber, “Racial Bias in Hate Speech and Abusive Language Detection Datasets,” Proceedings of the Third Workshop on Abusive Language Online (2019): 25-35.
- “H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017,” Congress.gov.
- Woodhull Freedom Foundation v. United States, No. 18-5298 (D.C. Cir. 2020).
- Daphne Keller, “SESTA and the Teachings of Intermediary Liability” (The Center for Internet and Society, November 2017).
- Daphne Keller, “For platform regulation Congress should use a European cheat sheet,” The Hill, January 15, 2021.
- Renee Diresta, “Free Speech Is Not the Same As Free Reach,” Wired, August 30, 2018.
Ellysse and Ashley Break the Internet - Evaluating Proposals to Amend Section 230, With Aaron Mackey
Transcript
Aaron Mackey: There’s maybe a high-level agreement among Democrats and Republicans that 230 is some sort of problem, that something should be done, but then what should be done? And they pull in different directions.
Ellysse Dick: Welcome to Ellysse and Ashley Break the Internet, a series where we’re exploring the ins and outs of Section 230, a law that many want to change, but few can agree on how. I’m Ellysse Dick, Research Fellow at the Informat
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