Senators push to keep tech liability shield out of UK trade agreement

Senators from both sides of the aisle sent a letter to the U.S. Trade Representative on Friday urging him to keep language that mimics a U.S. tech liability shield to be left out of any potential free trade agreement with the United Kingdom. 

The letter, signed by two Democrats and two Republicans, urges Trade Representative Robert Lighthizer to refrain from including language that is modeled on section 230 of the Communications Decency Act in a trade agreement with the U.K.

The senators note the ongoing debate regarding Section 230, which grants tech companies liability protection for content posted by third parties. 

“Including a safe harbor clause in any future trade agreements will further allocate more power to companies at the expense of individuals,” Sens. Mark Warner (D-Va.), Rob Portman (R-Ohio), Richard Blumenthal (D-Conn.) and Chuck Grassley (R-Iowa) wrote. 

“Congress can and should debate about Section 230 and how it has enabled platforms to turn a blind eye as their platforms are used to facilitate discrimination, cyber-stalking, terrorism, online frauds, and more. We urge USTR to refrain from including this provision in this and future free trade agreements until that debate has concluded,” they added. 

A spokesperson for the Office of the United States Trade Representative was not immediately available for comment. 

The debate around Section 230 has heated up in recent months as President Trump has repeatedly called for the rule to be repealed. 

Trump targeted Section 230 in an executive order earlier this year.

Most recently, the president has threatened to veto the National Defense Authorization Act (NDAA), the annual defense policy bill, because it does not include a Section 230 repeal. The NDAA passed both chambers of Congress with veto-proof majorities last week. 

Trump and GOP allies have backed calls to repeal Section 230, alleging tech companies have targeted conservative voices. 

But Democratic President-elect Joe Biden has also indicated support for repealing Section 230, as Democrats have accused tech giants of not taking enough of a stand against online misinformation and hate speech. 

Trump’s executive order targeting Section 230 may die in courts or be ignored by the incoming administration, but legislation on the tech rule will likely be introduced in the new Congress.