Cybersecurity & Tech Surveillance & Privacy

The Lawfare Podcast: Mary Anne Franks on Section 230

Jen Patja, Alan Z. Rozenshtein, Mary Anne Franks
Friday, February 26, 2021, 12:00 PM
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Section 230 of the Communications Decency Act of 1996 immunizes platforms for the behavior of their users. It's been called by some the Magna Carta of the internet—but how foundational is it? Mary Anne Franks, a professor of law and Dean's Distinguished Scholar at the University of Miami, thinks that Section 230 is indeed a cornerstone of the modern internet, but not in a good way. As part of Lawfare's ongoing Digital Social Contract research paper series, she recently published a paper entitled, "Section 230 and the Anti-Social Contract," in which she argues that far from expanding freedom, Section 230 has simply continued a long tradition of marginalizing the most vulnerable among us. Alan Rozenshtein spoke with her about her paper, about how Section 230 fits into the broader history of American political thought and about her ideas for a better internet.


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Jen Patja

Jen Patja

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Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Alan Z. Rozenshtein

Alan Z. Rozenshtein

@ARozenshtein
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Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, Research Director and Senior Editor at Lawfare, a Nonresident Senior Fellow at the Brookings Institution, and a Term Member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Mary Anne Franks

Mary Anne Franks

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Dr. Mary Anne Franks is a Professor of Law and Dean’s Distinguished Scholar at the University of Miami School of Law, where she teaches First Amendment law, law and technology, and criminal law and procedure. She is the President and Legislative and Tech Policy Director of the Cyber Civil Rights Initiative, a nonprofit organization dedicated to combating online discrimination and abuse, and an Affiliate Fellow of the Yale Law School Information Society Project. She is the author of The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech (Stanford 2019).

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