I'm not sure this is strictly on-topic, but it was on that same page, so...
QUOTE(WAS 4.250 @ 22:29, 23 August 2008)
Prior to Section 230, companies were inhibited from trying to clean up comments made by others because they did not wish to risk becoming responsible for it. Section 230 was specifically created to take that inhibition away so as to ''encourage'' clean ups of content provided by others...
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More specifically, and you'll all have to excuse me for saying this, but he
is pulling this directly out of his arse, isn't he? Based on what I've gleaned in my two years of studying this problem, both sentences in that statement are completely false, though I suppose one could make a quasi-philosophical argument in favor of the first one. The truth, of course, being that prior to Section 230, there simply
were no legislative directives on the issue, leaving the courts to decide each case individually - which only resulted in constant "forum-shopping" and "venue-jockeying" by litigants, to an almost absurd degree.
Again, this law was promulgated back in the days when you had to know the nuts and bolts of the HTML Common Gateway Interface to allow for visitor comments at all, and you couldn't economically run a database on a server you didn't own, and easy-to-install-via-Fantastico open-source webserver and CMS software simply
didn't exist. There's almost no question that Section 230 was intended to indemnify ISP's, particularly the smaller ones that were sprouting up all over the place, and was never meant to apply to individual websites. All it needed was a simple clause denying the same indemnification to website operators, but nobody even considered that at the time - the technology had barely gotten off the ground. There were still lots of people around who thought the web would be a "passing fad."
I know I've probably posted this several dozen times, but it bears repeating: Technology moves too fast these days to think of relevant legislation outside of its historical context, even if the word "historical" means 10 or 15 years ago. I've always had rather mixed feelings about Mr. WAS 4.250, but normally he's better about this sort of thing, at least.