Attorney General William Barr Raises Concerns over ISP Immunity

United States Attorney General ("AG") William P. Barr highlighted ongoing enforcement challenges resulting from immunity provisions under Section 230 of the Communications Decency Act that protect internet service providers ("ISPs") and other entities from legal liability for the content of online speech.

In remarks before a Justice Department Workshop, AG Barr questioned whether Section 230's broad immunity should be amended to limit protections for ISPs, which in his words have gone from "underdog upstarts" to "titans of industry" with respect to their sophistication and reach. AG Barr stated that the advent of algorithms and recommendation features have blurred the line between "passively hosting third-party" speech and "actively curating or promoting speech." Additionally, bad actors have abused Section 230's immunity, according to AG Barr, by, among other things, "providing platforms for the theft of intellectual property, permitting communications among