Ellysse and Ashley Break the Internet
13 episodes - English - Latest episode: about 3 years ago - ★★★★★ - 11 ratingsWhat exactly is Section 230 of the Communications Decency Act, and why is a 1996 law so important today? Why have Presidents Biden and Trump both said they want to repeal it? Was it to blame when Twitter and Facebook banned Trump from their platforms, or was it the reason they didn’t ban him sooner? Join policy analysts from the world’s leading tech policy think tank as they break down one of the most contentious debates about free speech, intermediary liability, and the future of the Internet. Ellysse and Ashley Break the Internet takes a deep dive into the ins and outs of Section 230, providing fresh insights and new perspectives with leading policy experts, advisers, and advocates from across the political spectrum. This 12-episode series asks what will happen if policymakers keep or repeal the law credited with creating the Internet and explores the opportunities for Congress to make the law even better. The first two episodes will drop on Wednesday, February 24. New episodes will follow in pairs every week.
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Episodes
What the Future Holds for Section 230, With Neil Chilson
March 31, 2021 06:00 - 22 minutes - 15.5 MBNeil Chilson, tech policy expert at the Charles Koch Institute and former FTC chief technologist, joins Ellysse and Ashley to forecast where the debate surrounding Section 230 is heading and present a vision for the future of content and online speech regulation. Mentioned Neil Chilson, “Statement of Neil Chilson: Section 230 – Nurturing Innovation or Fostering Unaccountability?”, Department of Justice, February 19, 2020. Neil Chilson, “Why Joe Biden and Donald Trump are both wrong about ...
Section 230 and the Need for Change, With Andrew Bolson
March 31, 2021 05:00 - 30 minutes - 21 MBAndrew Bolson, privacy lawyer advocating for Section 230 reform, joins Ellysse and Ashley to evaluate the need for Section 230 reform in order to protect consumers and limit online abuse, suggest what form that should take, and explain the risks of taking a subjective approach to reforming online intermediary liability. Mentioned Andrew P. Bolson, “Flawed But Fixable: Section 230 of the Communications Decency Act at 20,” Rutgers Computer & Technology Law Journal 42 (2016). Andrew P. Bolso...
How Section 230 Safeguards Civil Liberties, With Jennifer Huddleston
March 24, 2021 05:00 - 31 minutes - 21.5 MBJennifer Huddleston, tech policy expert at the American Action Forum, joins Ellysse and Ashley to highlight the benefits of Section 230 for free speech, competition, and innovation and explore the potential implications of new regulations for civil liberties. Mentioned Brent Skorup and Jennifer Huddleston, “The Erosion of Publisher Liability in American Law, Section 230, and the Future of Online Curation,” Oklahoma Law Review 72, no. 3 (2020). Billy Easley, “Revising the Law That Lets Pla...
Section 230 and the Fight Against Online Abuse, With Elisa D’Amico
March 24, 2021 05:00 - 32 minutes - 22.7 MBElisa D’Amico, co-founder of the Cyber Civil Rights Legal Project—which provides pro bono legal assistance to victims of nonconsensual pornography—joins Ellysse and Ashley to explain the unique challenges the Internet poses for combatting online abuse, the struggles victims face seeking justice, and the role online platforms play in moderating abusive content. Mentioned “Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2021,” Office of Congresswoman Jackie Spei...
A News Media Perspective on Section 230, With David Chavern
March 17, 2021 05:00 - 27 minutes - 19.1 MBDavid Chavern, CEO of a news industry trade association representing nearly 2,000 publishers, joins Ellysse and Ashley to discuss the impact of Section 230 on traditional media and the spread of misinformation, as well as how the news industry handles the issue of intermediary liability. Mentioned David Chavern, “The News Media and Section 230,” News Media Alliance, February 19, 2020. David Chavern, “Section 230 Is a Government License to Build Rage Machines,” Wired, September 14, 2020. ...
An International Perspective on Section 230, With David Kaye
March 17, 2021 05:00 - 39 minutes - 27.4 MBDavid Kaye, free speech expert at the University of California, Irvine, joins Ellysse and Ashley to explore the challenges of developing effective and culturally relevant content moderation policies in different countries and how intermediary liability laws like Section 230 impact online speech for billions of users around the world. Mentioned David Kaye, Speech Police: The Global Struggle to Govern the Internet(New York: Columbia Global Reports, 2019). Jack Goldsmith and John Wu, Who Con...
How Section 230 Promotes Competition, With Jessica Ashooh
March 10, 2021 07:00 - 21 minutes - 14.7 MBJessica Ashooh, Director of Policy at Reddit, joins Ellysse and Ashley to explore the impact of Section 230 on small to mid-sized companies and explain its importance for innovation and competition in the Internet economy. Mentioned “H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017,” Congress.gov. Related Emily Birnbaum, “Reddit worries it’s going to be crushed in the fight against Big Tech,” Protocol, October 28, 2020.
How Section 230 Shapes Content Moderation, With Daphne Keller
March 10, 2021 06:00 - 28 minutes - 19.4 MBDaphne 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 o...
Evaluating Proposals to Amend Section 230, With Aaron Mackey
March 03, 2021 07:00 - 32 minutes - 22 MBAaron 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 Da...
The Political Debate Over Section 230, With Klon Kitchen
March 03, 2021 06:00 - 24 minutes - 16.7 MBKlon 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).
A Brief History of Section 230, With Patrick Carome
February 24, 2021 06:00 - 33 minutes - 23.2 MBPatrick Carome, one of the leading advocates in Section 230 litigation famous for representing AOL in the landmark Section 230 case, Zeran v. AOL, joins Ellysse and Ashley to explore the history behind Section 230, Congress' intentions in passing it, and the foundational case that set the precedent for how courts interpret it. Mentioned: Zeran v. Am. Online, Inc., 129 F.3d 327 (4th Cir. 1997). Stratton Oakmont, Inc. v. Prodigy Servs. Co., No. 31063/94, 1995 N.Y. Misc. LEXIS 229 (N.Y. Sup....
An Introduction to Section 230, With Cathy Gellis
February 24, 2021 06:00 - 22 minutes - 15.8 MBCathy Gellis, veteran Internet professional-turned-lawyer working in the intersection of technology and civil liberties, joins Ellysse and Ashley to explain what Section 230 is, what it does, why it has attracted so much attention and controversy, and what the key players in the debate are saying. Mentioned: Cathy Gellis, “If We’re Going To Talk About Discrimination In Online Ads, We Need To Talk About Roommates.com,” Techdirt, February 19, 2021. Cathy Gellis, “How To Think About Online A...
Ellysse and Ashley Break the Internet: Series Trailer
February 05, 2021 23:00 - 2 minutes - 1.56 MBWhat exactly is Section 230 of the Communications Decency Act, and why is a 1996 law so important today? Why have Presidents Biden and Trump both said they want to repeal it? Was it to blame when Twitter and Facebook banned Trump from their platforms, or was it the reason they didn’t ban him sooner? Join policy analysts from the world’s leading tech policy think tank as they break down one of the most contentious debates about free speech, intermediary liability, and the future of the Inter...