Brendan Carr

Brendan Carr @BrendanCarrFCC

@digiphile @CaseyNewton Reforms that make it “harder” to meet 230(c)(2)’s “good faith” standard would not increase liability for a website that does nothing. So it wouldn’t have the same effect. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile @CaseyNewton I think FOSTA-SESTA is best read as amending 230(c)(1) - meaning, it increased liability for leaving things up (thus the argument above that sites shut down or stopped carrying content due to that liability) — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@jess_miers @digiphile Yep. I think courts have misread 230 by applying (c)(1) in cases where I read (c)(2) as applying instead. I get that folks disagree with me on this point, though. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@CowBlizzard @digiphile Not at all. An ICS always has the 1A right not to carry content. The question here is whether they can also invoke the statutory 230 immunity when they do so. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile That’s one possibility. Another (and I think more likely or more often occurring) is that ICSs would limit their take downs to those that meet the clarified statutory standard and thus the result would be more speech w/o any adversarial process. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile I think the FCC should clarify the scope of the terms in Section 230. We routinely flesh out language Congress places in the Act (including vague terms like “reasonable”) Disputes over whether a take down fell within the scope of 230, as clarified, would then play out as normal — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile So 230(c) does not give ICSs carte blanche to take down content while maintaining their 230(c) immunity, contrary to the suggestion by some court cases. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile However broadly one wants to define those two sets of conditions (including the “otherwise objectionable” language), they still are conditions that have some meaning and thus exclude at least some takedowns. “Bad faith” ones for instance. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@digiphile Yep. And this language contains at least two conditions an ICS must satisfy to benefit from 230(c)(2): First, it must act in “good faith.” And second, it must consider/determine that the material falls into one of seven statutory categories (“obscene” etc.) — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@smbrnsn Section 230 literally says carte blanche or does it literally say something other than carte blanche? — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

Based @Heritage is the best Heritage. In supporting Section 230 reform, @klonkitchen writes “the evolution of the Internet, and growing concerns about political bias online, require that the statute be clarified and refined.” https://t.co/RqfbCzbUIs — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @nancyscola: Here’s Republican FCC Commissioner @BrendanCarrFCC on what Twitter did for Facebook with its handling of the New York Post-… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

“We must ensure that all voices can be heard,” @Jack will testify in the Senate this morning, as we are on day 14 since @Twitter has silenced @nypost. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

Section 230 reform would hold Big Tech to a higher standard if they want to remove content while maintaining their statutory immunity. That would result in the removal of less speech, not more. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

Courts have misread Section 230 as providing social media companies with carte blanch to censor content while maintaining their statutory immunity protections. That’s not what Section 230 says. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

Testifying in the Senate today, @Jack will trot out a series of straw man arguments to defend the sweetheart deal Big Tech enjoys under Section 230. His suggestion that any reforms to Section 230 will result in more censorship, not less, does not withstand even casual scrutiny. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@PatHedger18 @ZacharyGraves @mmasnick Hey, did u guys catch my @RealignmentPod on Section 230 reform? — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @CTIA: In today's final keynote of our #5GSummit, part of #GSMAThrive, @FCC Commissioner @BrendanCarrFCC highlighted the #5GEconomy: "To… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

https://t.co/fv3kZmvftW — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@NATEsafety @AjitPaiFCC https://t.co/ydif5n63tw — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

America's unheralded infrastructure success. High-speed Internet builds are progressing at a record-breaking clip. 💪 — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @davidshepardson: .@BrendanCarrFCC: "In the end, though, the fight over 'net neutrality' at the FCC has never really been about net neut… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@NathanLeamerDC @AjitPaiFCC https://t.co/P0bYYfDGmF — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @statedeptspox: China’s state-sponsored forced labor is abhorrent. The U.S. stands for the dignity and worth of every human being. The C… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @VolbeckWasRight: So, with a South Lawn Ceremony for the swearing in of #AmyConeyBarrett, a few thoughts on how we got here...here being… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @CooperFSF: The @FCC's proposed order on streamlining cell site modifications involving near-site excavations will help speed up 5G depl… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @AlexanderPayton: Originalism is the idea that the only way to change the Constitution is to amend it, not that it shouldn’t. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

RT @joelpollak: Tune in NOW to "@BreitbartNews Sunday" - a special pre-election edition! With GUESTS: @RudyGiuliani @laurenboebert @Tim… — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@AjitPaiFCC At least put the sports blackout rule back in place. — PolitiTweet.org

Brendan Carr @BrendanCarrFCC

@axios Live look at the mission crew: https://t.co/JN2zEaHQAP — PolitiTweet.org