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

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

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

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More