McMorris Rodgers’ top tech target for next Congress: Section 230

The newly elected GOP lead of the House Energy and Commerce Committee said in an interview Thursday that the No. 1 item on House Republicans’ tech agenda for next Congress will be to take aim at the online industry’s liability shield, Section 230.

“At the top of the list for the Republicans is holding big tech accountable and addressing Section 230, because it is unacceptable, it’s un-American what happened during the election, where they were censoring political speech in the name of misinformation,” Rep. Cathy McMorris Rodgers (R-Wash.) told POLITICO.

The remarks, coming in her first major interview about her tech policy agenda since being tapped to serve as ranking member of the committee next Congress, indicate that one of the most important laws governing the internet will remain a major target for high-ranking congressional Republicans long after President Donald Trump has left office.

The 1996 law, which shields platforms from liability over the content they host and how they police it, has come under siege from a growing cast of top officials in Washington. And it’s become even more a focal point of congressional activity by Republicans in the final stretch of Trump’s presidency, as he and his allies have galvanized the party around allegations that social media companies are biased against conservatives. Trump has taken particular aim at Twitter and Facebook for labeling a series of his posts that contained unsubstantiated or false claims about the election.

The attacks on Section 230 soared to new heights this week, with Trump threatening to veto a must-pass defense package if it does not include a repeal of Section 230. A number of congressional Republicans have balked at Trump's calls and the bill in its current form does not include any action on Section 230, teeing up a possible showdown between Congress and the White House.

McMorris Rodgers, however, said she’d support either repealing or amending the law through the defense bill.

“I would, and I know that what Sen. [Roger] Wicker and [Sen. Marsha] Blackburn and others in the Senate are working on right now is headed in the right direction,” she said, voicing support for Republican efforts to amend but not repeal the law via the bill.

Her aggressive stance on the issue could put her at odds with her Democratic counterparts on the committee, who have bluntly rejected Trump’s efforts to target the law in the defense package and Republican-led proposals to amend Section 230 to the address bias charges. And it could put her in a more combative role leading Republicans in the panel’s minority.

In her pitch this week to the House Republican Steering Committee to land the ranking member spot, McMorris Rodgers highlighted her plan to target Section 230. And she touted her call for the committee’s Democratic leaders to haul in Twitter CEO Jack Dorsey to testify about the legal shield this year.

“We need to stop Big Tech and the woke mob from silencing us, “ she told the steering panel during the presentation, according to an aide. “I’ve already put [Rep.] Jan Schakowsky and Jack Dorsey on notice for Section 230. I plan to lead with every tool to protect free speech.”

The comments mark a dramatic escalation from McMorris Rodgers, who just over a year ago urged caution in targeting the protections for internet companies at hearing.

“I want to be very clear: I’m not for gutting Section 230," she said in October 2019. "It’s essential for consumers and entities in the internet ecosystem. Misguided and hasty attempts to amend or even repeal Section 230 for bias or other reasons could have unintended consequences for free speech and the ability for small businesses to provide new and innovative services.”

Asked how she thinks Section 230 should be revamped, McMorris Rodgers emphasized that changes can’t get in the way of smaller companies looking to compete with the big tech companies, which she said have shown "monopoly-type characteristics."

“We need to make sure that we are encouraging the new entrants into the marketplace, so we need to keep that in mind,” she said.

McMorris Rodgers said other priorities in her tech agenda will be pushing for a single federal data privacy standard, advancing her previously unveiled plan to boost emerging technologies, closing the digital divide and working on autonomous vehicle legislation.

McMorris Rodgers and her Democratic counterparts on the House E&C consumer protection subcommittee sought for months to strike an agreement on a federal privacy law, but partisan disputes over whether a law should preempt state standards and give consumers the power to sue companies over violations have bogged down talks.

Still, the House Republican said she expects talks to pick back up in the new year.

“I’m hopeful that after the election there will be an opportunity to regroup and hammer out a national privacy law that will counter a patchwork of state laws from continuing to develop,” she said.

Asked about the prospect of advancing a narrower privacy law targeting data collection and use related to Covid-19 in the short-term instead, McMorris Rodgers reiterated that she supports pursuing a comprehensive framework.

McMorris Rodgers said she also sees room for collaboration with the incoming Biden administration and congressional Democrats on issues like expanding internet access and boosting 5G deployment.

“Certainly the bipartisan focus on closing the digital divide is one that I want to work with the administration and my colleagues on both sides of the aisle," she said. "That’s just been underscored during the pandemic, whether it's for education or health care, telehealth or our economy.”