美国国家公共电台 NPR Section 230: A Key Legal Shield For Facebook, Google Is About To Change

Section 230: A Key Legal Shield For Facebook, Google Is About To Change

DAVID GREENE, HOST:

It's possible you've never heard of Section 230, and yet your life online has likely been shaped by this landmark¹ law. It's described by many as a core pillar of Internet freedom, and its history runs through some of the darkest corners of the web. In the coming weeks at NPR, we're going to be exploring free speech in the digital age. And we begin with looking at the origins and the unexpected consequences of Section 230. Here's NPR's Alina Selyukh.

ALINA SELYUKH, BYLINE²: It's 1995, and Chris Cox is sitting on a plane reading a newspaper.

CHRISTOPHER COX: I was on a flight from California to Washington.

SELYUKH: He is a lawmaker in Republican House leadership.

COX: I was flying back-and-forth almost every week. I did a lot of reading on the airplane.

SELYUKH: And what he reads on this flight is an article about a court decision that, in a way, ends up changing his life and, to this day, continues to change ours. Here's what happened.

COX: A person - an individual anonymously⁴ posted on one of the bulletin boards some disparaging⁵ things about an investment bank.

SELYUKH: A post on a bulletin board. Remember, it's the 1990s. The Internet is a new thing, and many people hang out on bulletin boards. And so on one of them, someone posts about an investment bank, accusing it of fraud. You might actually know about this bank from a movie, "The Wolf Of Wall Street."

(SOUNDBITE OF FILM, "THE WOLF OF WALL STREET")

LEONARDO DICAPRIO: (As Jordan Belfort) Was all this legal? Absolutely not.

SELYUKH: But it's years before the movie, and the bankers claim the accusations⁶ are libel. They plan a lawsuit⁷, except it's the internet. The posts are anonymous³. So the investment firm, instead, sues Prodigy⁸, the online service that hosted the bulletin board. And Prodigy argues, we're not the publisher. We're just a platform, like a library that's not liable for what's inside its books. But the court doesn't buy it for an unexpected reason. Prodigy moderated posts, like cleaning up bad language - and because of that, Prodigy gets treated like a newspaper that is liable for its articles or, in this case, for a post by one of its users. And this is what Cox is reading on his way to Washington.

COX: It struck me that this was exactly the wrong result because of the powerful incentive⁹ that it created - to be completely hands off on the Internet so that the rule would be anything goes.

SELYUKH: He's thinking, this is crazy. How is this amazing new thing - the Internet - going to blossom if the companies will be punished for trying to keep things clean? So Cox takes matters into his own hands. Back in Congress, he reaches out to his friend across the aisle¹⁰, Oregon Democrat¹¹ Ron Wyden, who wanted to encourage the growth of the Internet.

RON WYDEN: I thought early on, I can't believe anybody's going to invest in something if they think they're going to be held personally liable for something posted on your site.

SELYUKH: Cox and Wyden write a law, and Section 230 is born. It becomes known as the building block of the freewheeling Internet we know today by giving websites broad immunity¹². It says online platforms cannot be sued for something posted by a user, and that remains¹³ true even if they act a little like publishers by moderating posts on the platform. Here's Emma Llanso, free expression advocate at the Center for Democracy and Technology.

EMMA LLANSO: Section 230 is as important as the First Amendment¹⁵ to protecting free speech online - certainly here in the U.S.

SELYUKH: The argument goes, without Section 230, we'd never have platforms like YouTube, Facebook, Twitter, Yelp¹⁶, Reddit - sites that allow ordinary people to post their opinions or write reviews. But Section 230 is also tied to some of the worst stuff on the Internet - protecting sites when they host revenge porn, extremely gruesome videos, violent death threats. These days, it even connects to the outcry over Russia's role in the election. Section 230 sits at the heart of a major question about the Internet today - which is, how much responsibility should fall to online platforms for how their users act and get treated? Cox says the intent was straightforward¹⁷.

COX: The original purpose of this law was to help clean up the Internet - not to facilitate people doing bad things on the Internet.

SELYUKH: But that purpose has not always prevailed. And one specific case of that has prompted Congress to amend¹⁴ Section 230 - the first major change to the law in years. It's the case of a website called backpage.com, which is where the story gets dark.

(SOUNDBITE OF FILM, "I AM JANE DOE")

UNIDENTIFIED WOMAN: You don't know whether she's alive or dead. You don't know what's happened to her.

SELYUKH: This woman is talking about her 15-year-old daughter who goes missing in Seattle - doesn't show up for her track practice. It's from a documentary, "I Am Jane Doe." The girl is found months later in explicit¹⁸ sex ads on the website Backpage. It's ostensibly classifieds. You can buy a TV or, if you know the code words, find a child forced to be a prostitute. Here's film director Mary Mazzio.

MARY MAZZIO: All of those terms were indicative of an underage child - Lolita, fresh, new to town.

SELYUKH: For years, Backpage has been known as the place to find trafficked children. The victims and their families brought case after case against Backpage and lost. The website, backed by major free-speech groups, kept convincing judges across the country that Section 230 shielded it from liability.

MAZZIO: How is it possibly legal that a website that makes millions and millions of dollars has no accountability for this crime? Section 230 has turned into a Teflon shield not to protect free speech but to protect business revenue.

SELYUKH: Eventually, evidence showed Backpage actively¹⁹ involved in the sex ads. That means the site is a publisher. It is liable. Cox says Section 230 has been mishandled by the judges. So many rulings are citing other rulings instead of the actual statute²⁰. But Backpage has become a catalyst²¹, galvanizing federal lawmakers around legislation to change Section 230. And for the first time after years of staunch defiance²², the tech giants came out in support of amending²³ the law, at least for sex trafficking. The group representing Facebook, Google and Twitter says they negotiated acceptable changes to help victims get justice, but Senator Wyden points out the timing²⁴. These are the very same platforms under scrutiny²⁵ for being manipulated by Russian operatives.

WYDEN: The big companies have a lot of egg on their face over the election, and nobody wants to be seen as being soft on sex trafficking.

SELYUKH: The House has now passed a well to make websites more liable for online sex trafficking of children. The majority of the Senate supports it, too. Wyden and Cox both have big problems with the legislation, but Wyden says it should be a wake-up call for Silicon²⁶ Valley.

WYDEN: If the technology companies do not wake up to their responsibilities and use the power 230 gives them to better protect the public against sex trafficking and countries that try to hack²⁷ our political system...

SELYUKH: If that doesn't happen, he says the sex trafficking bills won't be the only way Congress goes after the Internet giants. Alina Selyukh, NPR News.

(SOUNDBITE OF MUSIC)

1 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

2 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

3 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

4 anonymously   

ad.用匿名的方式

参考例句：

• The manuscripts were submitted anonymously. 原稿是匿名送交的。
• Methods A self-administered questionnaire was used to survey 536 teachers anonymously. 方法采用自编“中小学教师职业压力问卷”对536名中小学教师进行无记名调查。

5 disparaging   

adj.轻蔑的，毁谤的v.轻视( disparage的现在分词 )；贬低；批评；非难

参考例句：

• Halliday's comments grew daily more and more sparklingly disagreeable and disparaging. 一天天过去，哈里代的评论越来越肆无忌惮，越来越讨人嫌，越来越阴损了。 来自英汉文学 - 败坏赫德莱堡
• Even with favorable items they would usually add some disparaging comments. 即使对好消息，他们也往往要加上几句诋毁的评语。 来自互联网

6 accusations   

n.指责( accusation的名词复数 )；指控；控告；（被告发、控告的）罪名

参考例句：

• There were accusations of plagiarism. 曾有过关于剽窃的指控。
• He remained unruffled by their accusations. 对于他们的指控他处之泰然。

7 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

8 prodigy   

n.惊人的事物，奇迹，神童，天才，预兆

参考例句：

• She was a child prodigy on the violin.她是神童小提琴手。
• He was always a Negro prodigy who played barbarously and wonderfully.他始终是一个黑人的奇才，这种奇才弹奏起来粗野而惊人。

9 incentive   

n.刺激；动力；鼓励；诱因；动机

参考例句：

• Money is still a major incentive in most occupations.在许多职业中，钱仍是主要的鼓励因素。
• He hasn't much incentive to work hard.他没有努力工作的动机。

10 aisle   

n.（教堂、教室、戏院等里的）过道，通道

参考例句：

• The aisle was crammed with people.过道上挤满了人。
• The girl ushered me along the aisle to my seat.引座小姐带领我沿着通道到我的座位上去。

11 democrat   

n.民主主义者，民主人士；民主党党员

参考例句：

• The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
• About two years later,he was defeated by Democrat Jimmy Carter.大约两年后，他被民主党人杰米卡特击败。

12 immunity   

n.优惠；免除；豁免，豁免权

参考例句：

• The law gives public schools immunity from taxation.法律免除公立学校的纳税义务。
• He claims diplomatic immunity to avoid being arrested.他要求外交豁免以便避免被捕。

13 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

14 amend   

vt.修改，修订，改进；n.[pl.]赔罪，赔偿

参考例句：

• The teacher advised him to amend his way of living.老师劝他改变生活方式。
• You must amend your pronunciation.你必须改正你的发音。

15 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

16 yelp   

vi.狗吠

参考例句：

• The dog gave a yelp of pain.狗疼得叫了一声。
• The puppy a yelp when John stepped on her tail.当约翰踩到小狗的尾巴，小狗发出尖叫。

17 straightforward   

adj.正直的，坦率的；易懂的，简单的

参考例句：

• A straightforward talk is better than a flowery speech.巧言不如直说。
• I must insist on your giving me a straightforward answer.我一定要你给我一个直截了当的回答。

18 explicit   

adj.详述的，明确的；坦率的；显然的

参考例句：

• She was quite explicit about why she left.她对自己离去的原因直言不讳。
• He avoids the explicit answer to us.他避免给我们明确的回答。

19 actively   

adv.积极地，勤奋地

参考例句：

• During this period all the students were actively participating.在这节课中所有的学生都积极参加。
• We are actively intervening to settle a quarrel.我们正在积极调解争执。

20 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

21 catalyst   

n.催化剂，造成变化的人或事

参考例句：

• A catalyst is a substance which speeds up a chemical reaction.催化剂是一种能加速化学反应的物质。
• The workers'demand for better conditions was a catalyst for social change.工人们要求改善工作条件促进了社会变革。

22 defiance   

n.挑战，挑衅，蔑视，违抗

参考例句：

• He climbed the ladder in defiance of the warning.他无视警告爬上了那架梯子。
• He slammed the door in a spirit of defiance.他以挑衅性的态度把门砰地一下关上。

23 amending   

改良，修改，修订( amend的现在分词 )； 改良，修改，修订( amend的第三人称单数 )( amends的现在分词 )

参考例句：

• Amending acts in 1933,1934, and 1935 attempted to help honest debtors rehabilitate themselves. 一九三三年，一九三四年和一九三五年通过的修正案是为了帮助诚实的债务人恢复自己的地位。
• Two ways were used about the error-amending of contour curve. 采用两种方法对凸轮轮廓曲线进行了修正。

24 timing   

n.时间安排，时间选择

参考例句：

• The timing of the meeting is not convenient.会议的时间安排不合适。
• The timing of our statement is very opportune.我们发表声明选择的时机很恰当。

25 scrutiny   

n.详细检查，仔细观察

参考例句：

• His work looks all right,but it will not bear scrutiny.他的工作似乎很好，但是经不起仔细检查。
• Few wives in their forties can weather such a scrutiny.很少年过四十的妻子经得起这么仔细的观察。

26 silicon   

n.硅(旧名矽)

参考例句：

• This company pioneered the use of silicon chip.这家公司开创了使用硅片的方法。
• A chip is a piece of silicon about the size of a postage stamp.芯片就是一枚邮票大小的硅片。

27 hack   

n.劈，砍，出租马车；v.劈，砍，干咳

参考例句：

• He made a hack at the log.他朝圆木上砍了一下。
• Early settlers had to hack out a clearing in the forest where they could grow crops.早期移民不得不在森林里劈出空地种庄稼。