Thune, Schatz Hint at Possible Markup for Section 230 Bill
The Senate Commerce Committee is considering marking up a Section 230-related bill from Senate Minority Whip John Thune, R-S.D., and Sen. Brian Schatz, D-Hawaii, Thune told us Wednesday. Thune and Schatz introduced the Platform Accountability and Consumer Transparency (Pact) Act (see 2103170058) in 2020. “I’ve been told by some of the leading Dems that we think we’re going to get a markup on it, but I don’t know that it’s been confirmed,” Thune told us Wednesday. Schatz said he “heard things. ... You should keep your eyes open. Just look for hearing notices, etc.”
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The bill would amend Communications Decency Act Section 230, removing “certain liability protections for companies if the company has actual knowledge of illegal content on its service” and doesn’t remove it within specified time frames. Platforms would need to publish content moderation policies and establish complaint systems allowing users to appeal takedowns.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us her top priority is moving to conference to pass the China package (see 2204010045). After that, the committee can move on to privacy and other matters, she said. Asked about the Pact Act, she said, “I think our colleagues have done a good job of saying these are some common things we all agree on right now that could aid in the process, but I’m under no illusion that it wouldn’t have discussion and debate when it moves.”
The committee is focused on conferencing, Cantwell said, lamenting the number of votes Republicans are seeking before moving to conference. House Speaker Nancy Pelosi, D-Calif., said from the floor Wednesday she hopes “we will have the opportunity to go to conference soon. We are waiting for the signal from the Senate.”
Cantwell said Republicans “won’t show up to meetings until there’s a conference.” The Senate needs to send the legislation back to the House with conferees named, but “Republicans want like 50 motions to instruct, and nobody has time for 50. We have a supply chain crisis, and people want to sit around and have votes on 50 things. I don’t know how you could get out of here if you had that many votes. People have to get serious about getting this bill to conference.” If Congress comes back from recess, and “we’re still monkeying around with that, it’s hard to turn our attention to privacy,” she said. “But that’s our wish, to turn our attention to that when we come back.”
On motions to instruct, Sen. Todd Young, R-Ind., said, “Leadership has focused on identifying which of those are sort of must-have votes. Then they’ll take that list to Democrats and see if we can agree on some sort of compromise to move forward.” He anticipates staff-level discussion during recess about particular provisions to narrow the scope of disagreements. “I think the issue is how many votes to instruct,” said Senate Homeland Security Committee ranking member Rob Portman, R-Ohio. Once there’s agreement, there can be progress, he said.
“Friday’s coming up and then a two-week break,” said ranking member Roger Wicker, R-Miss. “I think we’re going to have three weeks before action.” He expects staff-level discussion throughout recess. Asked about Thune’s comments, Wicker said, “My hat is off to him, but that’s not something that I know anything about. I’m glad there’s progress and movement.”