Don’t leave developers behind in the Section 230 debate

Section 230 of the Communications Decency Act, often dubbed the "26 words that created the internet," provides crucial liability protections for platforms hosting third-party content, fostering innovation and supporting developers. As the U.S. Supreme Court reviews this provision in the Gonzalez v. Google case, concerns arise over the potential narrowing of these protections, which could introduce legal uncertainties for software developers and platforms like GitHub that rely on them to maintain a collaborative and innovative online environment. Developers play a pivotal role in maintaining the software infrastructure and contributing significantly to the U.S. economy. Narrowing Section 230 could stifle innovation, competition, and entry for emerging developers and services, as seen in contrasting legal environments in Europe and Asia. The case's outcome could affect not just social media giants but a broader community that benefits from algorithmic recommendations and open-source projects used for content moderation and improving software security. As policymakers consider changes to intermediary liability, it's essential to create a legal framework that supports developers and innovation while addressing concerns about harmful content.