CHANGE? Clarence Thomas thinks it’s time to rein in Section 230.
In a statement on Tuesday, the powerful conservative justice said he thinks the high court should weigh in soon on the sweeping interpretations of Section 230 emerging from lower courts. He argued the courts have interpreted the statute too broadly, allowing internet companies to shirk any responsibility for the content posted on their platforms.
“Extending ยง230 immunity beyond the natural reading of the text can have serious consequences,” Thomas wrote, in response to a Section 230 case before the court, Malwarebytes, Inc. v. Enigma Software. He agreed with his fellow justices that Malwarebytes is not the right case to take on. But he added, “in an appropriate case, it behooves us to do so.”
“Adopting the too-common practice of reading extra immunity into statutes where it does not belong, courts have relied on policy and purpose arguments to grant sweeping protection to Internet platforms,” Thomas wrote.
Stay tuned…