After his latest spat with Twitter, President Trump has decided that enough is enough: He wants to sign an executive order rolling back Big Tech’s legal immunity.
The executive order, which Trump has suggested he’ll sign on Thursday, would deal largely with a portion of the law known as Section 230, a provision that protects tech companies from being held liable for the content posted on their platforms. Trump’s order would allow federal officials to reconsider Section 230 and its protections, and require the Federal Trade Commission to investigate complaints about political bias on Big Tech platforms.
The merits of Section 230 are certainly worth debate. Companies such as Facebook, Twitter, and YouTube have been allowed to operate under free speech protections while policing their own platforms for speech they deem harmful. So it’s fair to argue that Big Tech wants to have its cake and eat it too.
But Trump’s proposal would make things worse. Giving a government agency power over Big Tech would essentially allow the government to treat Facebook and Twitter like public utilities, which gives the government the right to pre-approve moderation policies, etc. Elizabeth Warren proposed a similar policy during her presidential campaign, and there’s a reason most conservatives spoke out against it. Because no matter the motivation, giving a federal agency the power to regulate Big Tech and the internet would stifle efficiency and creativity, both of which make the internet vital, and it would ultimately result in corruption and inflexibility, as do most bureaucratic regulations.
Trump’s proposed order would also set a dangerous precedent. Regulating Big Tech might give conservatives the advantage right now, but it would come back to bite them later on — because as soon as Trump signs that order, he is giving future presidents, Democratic or Republican, the ability to regulate these platforms as they see fit. And it’s only a matter of time before a Democratic president decides that Big Tech is showing too much favor to conservatives.
There are better solutions to the Big Tech problem. One would be allowing the free market to regulate these platforms, which Jed Rubenfeld explains here. Another would be introducing digital licenses for internet-based companies that would vary based on the size and scope of the company in question — an option Steven Hill explains at length here.
What is clear is that neither of these options should come from the White House. This is the responsibility of Congress since the crux of the complaint lies with Section 230 — a law written and passed by Congress, which must, therefore, be changed by Congress.
Several Republican lawmakers have already proposed their own Section 230 revisions. Trump needs to let them take the lead, rather than signing an executive order out of personal frustration. Because if Trump continues down this road, he might just end up opening a Pandora’s box that we’ll never be able to close.
