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 © 2025 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

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

Teasy Agency has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Aylo, Pineapple Support Partner for Mental Health Video Series

Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

Ofcom Investigates FTV Sites for Possible AV Noncompliance

U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Show More