As the saying goes, “If all you have is a hammer, then everything looks like a nail.” It is ironic then that with a full toolbox to go after bad actors online — both under existing consumer protection authority and more defined laws like the Children’s Online Privacy Protection Act (COPPA) — some Federal Trade Commission (FTC) commissioners argue the FTC is unable to protect consumers without changes to Section 230. Additionally, despite all the tools at its disposal to pursue the goals Americans most care about, including online privacy and protecting children online, the current FTC leadership seems determined to focus on its preferred political agenda including claims it needs even more tools to do its job.
While reasonable people can debate the appropriateness or penalties related to its various actions, Section 230 is not a barrier to the FTC’s ability to be an active enforcer.
Before Lina Khan’s
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