Big Tech Regulation Raises Numerous Legal Questions, CRS Says

As Congress mulls new regulatory approaches to major tech companies, it might want to look at creating an exemption to Communications Decency Act Section 230 to hold service providers liable for publishing or restricting certain kinds of content, the Congressional Research Service reported. Minus an express exemption, there could be legal questions about new laws imposing liability that might conflict with Section 230 general immunity, CRS said Monday. It said such rules might also have First Amendment issues. It said any move to a comprehensive federal data protection law might need to weigh whether to be prescriptive or outcome-based, the definition of protected information and the role of the FTC or another federal enforcement agency. It said reclassification of ISPs as common carriers could create legal uncertainty about data protection obligations since they no longer would be under FTC jurisdiction. It said antitrust action against such tech companies also would raise complicated legal questions such as market definitions for dynamic technology industries. Since many tech companies provide services for free, demonstrating a monopoly could be difficult, CRS said.