i2Coalition Warns of Crippling Impact in Amicus Brief filed with U.S. Supreme Court in Gonzalez v. Google LLC Highlights Foundational Role Section 230 Plays in Ensuring the Internet's Infrastructure Functions Efficiently and Effectively
Washington, D.C.
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February 20, 2023 10:35 AM Eastern Standard Time
In advance of the oral arguments in the U.S. Supreme Court for Gonzalez v. Google LLC, the Internet Infrastructure Coalition (i2Coalition) warns of the crippling impact this case could have on businesses of all sizes that build the Internet.
On January 18, 2023, the i2Coalition, joined by our members cPanel, LLC; Identity Digital Inc.; Texas.net, Inc.; and Tucows Inc., filed an amicus brief calling on the Court to affirm the judgment of the Ninth Circuit and protect the foundational role Section 230 plays in ensuring the Internet's infrastructure functions efficiently and effectively.
"While Section 230 may in part be responsible for protecting giant platforms that host user-generated content, it is also one of the pillars of intermediary liability law, which protects the entire ecosystem of lesser-known Internet infrastructure companies that operate the Internet at every level, down to the Internet user," said Christian Dawson, the i2Coalition's executive director. "Google may be the company listed on the case, but an adverse ruling would have far-reaching implications and cripple the ability of our member companies to ensure that the infrastructure running the Internet can continue to operate."
The i2Coalition's brief demonstrates that Section 230's expressed words provide no basis for excluding the automated operation of algorithms (instructions to computer systems) from Section 230 liability protection.
The coalition explains that a myriad of companies throughout the Internet ecosystem, including those providing its infrastructure, depend on algorithms to classify, organize, process, and transmit all sorts of data and that these functions do not alter Section 230(c)(1)'s protection of those companies. These include services that may seem mundane but are critically important, such as Domain Name Service (DNS) resolutions that translate domains into IP addresses. These services require stable, clear, and neutral rules that are not subject to political combat and weaponization by regulators and other actors.
The extraordinary breadth of stakeholders that filed briefs last month in support of preserving Section 230, in its current form, includes private sector companies, entrepreneurs, advocacy organizations, academics, and computer scientists. Collectively, these briefs urged the Court to uphold Section 230 liability protection as courts have uniformly applied it for the past 25 years. In addition, the filings included the submission to the Court of an amicus brief from the original co-authors of the statute, former U.S. House Representative Christopher Cox and U.S. Senator Ron Wyden.
"With the Internet as we know it at stake, we implore the Court to uphold Section 230's protections," said Christian Dawson, the i2Coalition's executive director. "For 25 years, courts have uniformly applied the law without Congress seeking to steer the courts onto a different course. If revisions to Section 230 are warranted, Congress alone should make those changes."
The full i2Coalition amicus brief in the U.S. Supreme Court docket can be found here.
About the i2Coalition
Internet Infrastructure Coalition (i2Coalition) is a trade association representing the interests of businesses that construct and operate essential building blocks of the Internet. Its members include cloud providers, data center operators, domain name registrars, domain name registries, and other foundational Internet enterprises. Its mission is to preserve a free and open Internet as an engine for growth and innovation. It works with its members to advocate for sensible policies, establish and reinforce best practices, help create industry standards, and promote awareness of how the Internet works. To learn more about the i2Coalition, please visit www.i2Coalition.com.
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