Eric Goldman, In Defense of 47 U.S.C. §230
Comment by: Deirdre Mulligan
PLSC 2011
Workshop draft abstract:
47 U.S.C. §230 is the most important Cyberlaw statute, but it keeps adding new critics. This Essay responds to those critics by analyzing a previously under-explored policy justification for the statute. 230 works because it enables online publishers to obtain non-public information about marketplace offerings and publish that information in ways that help consumers make better decisions. As a result, 230 helps the marketplace’s “invisible hand” work more effectively—a crucial social benefit that we should not jeopardize by modifying the statute.