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Senate Panel Presses Targeted Section 230 Changes, Not Repeal

The committee signaled interest in narrow fixes following testimony on jawboning risks, AI uncertainty, and platform design harms.

Overview

  • At a Senate Commerce hearing, members in both parties criticized Section 230 yet showed little support for full repeal, with a sunset bill from Sens. Lindsey Graham and Dick Durbin still without a markup.
  • Lawmakers zeroed in on government “jawboning,” with Sen. Ted Cruz previewing a bill to curb agency pressure and Sen. Eric Schmitt citing his proposal to condition protections, while Sen. Tammy Baldwin and expert Daphne Keller noted pressure has spanned administrations.
  • Chair Cruz opposed outright repeal and promoted targeted steps including his TERMS Act, a forthcoming JAWBONE Act, and the Take It Down Act as a model that addresses harms without amending Section 230.
  • Witnesses urged clarity on how the law applies to AI, as Americans for Responsible Innovation’s Brad Carson argued chatbot outputs should not receive Section 230 protection.
  • Concerns over platform design and youth safety featured prominently, with an ongoing Los Angeles case testing product-liability theories and advocate Matthew Bergman urging Congress to specify that design choices fall outside Section 230.