Attorney General Barr Criticizes Section 230 of Communications Decency Act

Attorney General Barr Criticizes Section 230 of Communications Decency Act

WASHINGTON — Attorney General William Barr criticized Section 230 of the Communications Decency Act at a Justice Department workshop Wednesday, claiming the tech company liability shield acts as a deterrence to law enforcement efforts. 

Section 230 is the exemption carved out in the original 1996 legislation that specifically does not hold websites legally liable for content posted by third parties. The section has been instrumental in the growth of tech giants like Facebook and YouTube, which rely on third party content to power their business models. 

"We are concerned that internet services, under the guise of Section 230, can not only block access to law enforcement — even when officials have secured a court-authorized warrant — but also prevent victims from civil recovery," Barr said of the exemption, as reported by Law360's Mike LaSusa. 

While he criticized the exemption's effect on law enforcement, Barr attempted to have it both ways by praising the exemption as necessary to the constitutional right to free speech.

It's important to "recognize the benefits that Section 230 and technology have brought to our society, and ensure that the proposed cure is not worse than the disease," he said.

His opening act, FBI Director Chris Wray, also attempted to have his cake and eat it, too, regarding online liability.

"We have to ensure that our businesses can continue to innovate," he said. "But we know that we can have both a spirited, entrepreneurial internet and safe, secure online and real-world, flesh-and-blood communities."

The first legislative exemption to Section 230 was enacted in 2018. FOSTA-SESTA was a legislative package that passed the U.S. House and Senate and was ostensibly designed to curb sex trafficking. The legislation had the additional consequence of putting a chill on non-trafficked sex workers' ability to advertise online on many of the platforms they previously used as a screening process for potential clients.

Legislation is currently being considered for a study on the effects on sex workers of those bills.

Recently, Barr was petitioned by four Republican members of Congress who implored him to use existing obscenity laws to crack down on adult content creators and the adult industry. Whether Barr's latest comments are related to that request is unknown.

Another exemption to Section 230 is currently being pursued through legislation sponsored by Republican Senator Josh Hawley (R-Mo.). The Orwellian-sounding Ending Support for Internet Censorship Act is designed to force tech companies to prove that third-party content posted on their platforms is not politically biased in order to maintain their Section 230 protections. That bill was introduced in June 2019.

Image: Washington.org

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

Show More