The Twenty-Six Words That Created the Internet

by Jeff Kosseff

Overview

As seen on CBS 60 Minutes

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day.

The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation.

For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com

Product Details

ISBN-13:	9781501714412
Publisher:	Cornell University Press
Publication date:	04/15/2019
Pages:	328
Product dimensions:	6.10(w) x 9.10(h) x 1.20(d)
Age Range:	18 Years

About the Author

Jeff Kosseff is Assistant Professor in the US Naval Academy's Cyber Science department, where he teaches cybersecurity law. He has practiced technology and First Amendment law, and clerked for Judges Milan D. Smith, Jr. of the US Court of Appeals for the Ninth Circuit, and Leonie M. Brinkema of the US District Court for the Eastern District Court of Virginia. He was a finalist for the Pulitzer Prize for National Reporting and the recipient of the George Polk Award in National Reporting.

Table of Contents

Acknowledgments
Introduction
Part I.: The Creation of Section 230
1. Eleazar Smith's Bookstore
2. The Prodigy Exception
3. Chris and Ron Do Lunch
Part II.: The Rise of Section 230
4. Ask for Ken
5. Himmler's Granddaughter and the Bajoran Dabo Girl
6. The Flower Child and a Trillion-Dollar Industry
7. American Exceptionalism
Part III.: The Gradual Erosion of Section 230
8. A Lawless No-Man's Land?
9. Hacking 230
Part IV.: The Future of Section 230
10. Sarah versus the Dirty Army
11. Kill. Kill. Kill. Kill.
12. Moderation Inc.
13. Exceptional Exceptions
Conclusion
Notes
Index

What People are Saying About This

Joseph E. Kennedy

A comprehensive, thoughtful and greatly needed treatment of the the law that gave birth to the internet as we know it. This book is bound to shape the conversation about the nature of online activity for years to come.

Kyu Ho Youm

Jeff Kosseff's vital book helps readers imagine the history and remember the future of the Communications Decency Act 230. It's an admirably readable and judiciously documented 'biography' of the uniquely American Internet law. The book couldn't be globally more relevant, since cyberlaw is still evolving in many countries. Its contextual discussion of Americans' 230 experience illuminates why and how the United States continues to serve as the world's fascinating free-speech laboratory.

Mary Anne Franks

Jeff Kosseff's richly detailed history of Section 230 is a gift to anyone seeking to understand how the Internet became what it is, what it could have been, and what it could be.

Daphne Keller

The Twenty Six Words that Created the Internet provides a timely reminder that the questions we now face about platforms, speech, and harm are not new. A combination of detective work, investigative journalism, and historical documentation, Kosseff's book is frank about the law's shortcomings even as it is persuasive about its overall value.

Brian L. Frye

This book is important and timely. Kosseff clearly and concisely explains the complicated history of Section 230, and how its 'safe harbor' created the internet as we know it today. But he also acknowledges that Section 230 can shield terrible crimes and impose other social costs that we must mitigate.

Eric Goldman

Most people benefit from Section 230 every hour, but are unaware it even exists. Jeff Kosseff's new book provides the first-ever comprehensive history of this monumentally important law. The book's lucid and reader-friendly style will fully engage Section 230 newcomers; while the book's many never-before-publicized details will enlighten Section 230 enthusiasts.

Mike Godwin

Jeff Kosseff's behind-the-scenes reportage spotlights the foundational law, Section 230, that made the modern internet possible. Kosseff emphasizes the law's boundless virtues and just as helpfully acknowledges its occasional weaknesses. He shows how 230 has shaped an internet that empowers everyone to speak freely, to hold governments and powerful private actors accountable, and to build the next Facebook, Google, or Wikipedia.

Cyrus Farivar

Jeff Kosseff's latest is essential reading. His deft and insightful work chronicles the unexpected tale of how just twenty-six words in the Communications Decency Act of 1996 changed online speech forever. All thoughtful lawmakers, tech executives, and concerned citizens need to grapple with how we got here.

Orly Lobel

So much of our life today—our reputation, networks, and livelihood—is mediated by our online presence. Kosseff's excellent and well-researched book should thus be read by anyone interested in online regulation. It is a joy to read.

Christopher Terry

As the debates over the future of platform and edge provider regulation simmer, this book provides an important look at the twenty-six words that created the internet and protect the flow of speech online.

Editorial Reviews

01/28/2019

Kosseff, a U.S. Naval Academy cyberscience professor and Pulitzer finalist for reporting, insightfully analyzes Section 230 of the Telecommunications Act of 1995, which grants internet service providers near-complete immunity from lawsuits over content posted by their users. Kosseff convincingly argues that, without this protection, the risk of litigation would have chilled expression and discouraged the many beneficial services now available online. His account of how Republican Chris Cox and Democrat Ron Wyden drafted the section together provides an exceptionally clear picture of the legislative process, and his discussion of the cases in which federal courts adopted an expansive interpretation of Section 230 is both accessible and legally astute. Kosseff brings these cases to life with brief, well-chosen excerpts from courtroom arguments and illustrative details about the players, such as the first judge to issue an opinion, former naval aviator T.S. Ellis III, “notorious for writing long opinions that leave no fact or argument unaddressed.” Kosseff concludes by considering how best to guarantee internet providers’ rights and freedom of expression while simultaneously preserving the government’s ability to regulate dangerous content, such as content that facilitates human trafficking or compromises national security. Kosseff has a thorough grasp of his material, and readers will find his exploration of Section 230 balanced, timely, and consistently thought-provoking. (Apr.)

Publishers Weekly

Kosseff's book is timely, given the intensifying debate about whether Congress should find ways to hold Internet companies accountable for third-party speech that harms individuals and society as a whole. But the book's value goes beyond timing. The author's background as a journalist and his current roles as a professor and a lawyer enable him to produce an engaging narrative that explains the law clearly and compels us to think about speech in the modern age and who is responsible when it is harmful.

The Washington Post

An important history of one component of the rise of the Internet as a business. Kosseff translates legalspeak into understandable and frequently compelling prose.

American Historical Review

Americans are of two minds about the internet: They rely on it and fear it, they immerse themselves in it for hours and deplore its social consequences. Jeff Kosseff's The Twenty-Six Words That Created the Internet is in many ways the story of how and why this happened.

The Wall Street Journal

Kosseff presents an insider's account of the current dispute over whether a website should be permitted to profit from publishing advertisements that sell illegal sexual services possibly performed by minors. This book is extremely timely as both US lawmakers and the nation's courts are struggling over the proper regulation of online hate speech, fake news, political bias, and other systematic manipulations employing this increasingly powerful form of communication.

Choice

"A comprehensive, thoughtful and greatly needed treatment of the the law that gave birth to the internet as we know it. This book is bound to shape the conversation about the nature of online activity for years to come."

Joseph E. Kennedy

"As the debates over the future of platform and edge provider regulation simmer, this book provides an important look at the twenty-six words that created the internet and protect the flow of speech online."

Christopher Terry

"JeffKosseff's behind-the-scenes reportage spotlights thefoundational law, Section 230, that made the modern internet possible. Kosseff emphasizes the law's boundless virtues and just as helpfully acknowledges its occasional weaknesses. He shows how 230 has shaped an internet that empowers everyone to speakfreely, to hold governments and powerful private actors accountable,and to build the next Facebook, Google, or Wikipedia."

Mike Godwin

"Jeff Kosseff's vital book helps readers imagine the history and remember the future of the Communications Decency Act 230. It's an admirably readable and judiciously documented 'biography' of the uniquely American Internet law.The book couldn't be globally more relevant, since cyberlaw is still evolving in many countries. Its contextual discussion of Americans' 230 experience illuminates why and how the United States continues to serve as the world's fascinating free-speech laboratory."

Kyu Ho Youm

"Jeff Kosseff's latest is essential reading. Hisdeft and insightful work chronicles the unexpected tale of how just twenty-six words in the Communications Decency Act of 1996 changed online speech forever. All thoughtful lawmakers, tech executives, and concerned citizens need to grapple with how we got here."

Cyrus Farivar

"Jeff Kosseff's richly detailed history of Section 230 is a gift to anyone seeking to understand how the Internet became what it is, what it could have been, and what it could be."

Mary Anne Franks

"This book is important and timely.Kosseff clearly and concisely explains the complicated history of Section 230, and how its 'safe harbor' created the internet as we know it today. But he also acknowledges that Section 230 can shield terrible crimes and impose other social costs that we must mitigate."

Brian L. Frye

"The Twenty Six Words that Created the Internet provides a timely reminder that the questions we now face about platforms, speech, and harm are not new. A combination of detective work, investigative journalism, and historical documentation, Kosseff's book is frank about the law's shortcomings even as it is persuasive about its overall value."

Daphne Keller

"So much of our life today—our reputation, networks, and livelihood—is mediated by our online presence. Kosseff's excellent and well-researched book should thus be read by anyone interested in online regulation. It is a joy to read."

Orly Lobel

"Most people benefit from Section 230 every hour, but are unaware it even exists. Jeff Kosseff's new book provides the first-ever comprehensive history of this monumentally important law. The book's lucid and reader-friendly style will fully engageSection 230newcomers; while the book's many never-before-publicized details will enlighten Section 230 enthusiasts."

Eric Goldman