Of course, any proposal to create a statutory exception to section 230 immunity raises a set of complex questions about the proper scope of such an exception. This article identifies the key issues that would need to be resolved if Congress decided to create an exception along these lines. The remainder of this article consists of three parts. The first part explains why removal of immunity from civil liability is an appropriate mechanism to help prevent use of social media to incite or induce commission of mass atrocity crimes. The second part contends that the exception to section 230 immunity should apply to genocide and crimes against humanity, but not to terrorism or war crimes. The final part discusses a series of other issues that Congress would need to address to determine the proper scope of any such exception.
David L. Sloss,
Section 230 and the Duty to Prevent Mass Atrocities
, 52 Case W. Res. J. Int'l L. 199
Available at: https://digitalcommons.law.scu.edu/facpubs/976