“To the extent Section 230 should be changed to deal with revenge porn, an appropriate model might be the law’s existing exemption for copyrighted content. Known as “notice and takedown,” it allows copyright holders to give notice to websites that a user has posted copyrighted content without authorization and the website must take it down immediately in order to retain its immunity. The site must also notify the poster and allow them to appeal the decision. Such a system would help balance victim’s interests with important free speech rights and the intermediary immunity that makes today’s Internet possible.
Controlling the spread of information once it’s released on the Internet is practically impossible. This doesn’t mean we shouldn’t try when the information is harming real people, but it does mean that we should factor in the potential futility of our efforts as we consider how much we want to alter our simple, and indeed sweeping, free speech and intermediary liability rules that have served us so well.”
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