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Illustration: Rebecca Zisser/Axios

Anti-sex-trafficking legislation heading for President Trump's desk that makes it easier to sue platforms like Facebook and Google's YouTube could provide a template for a larger crackdown on malicious content.

Why it matters: After controversies over Russian election interference and data privacy, some in the industry seem to acknowledge that regulation may be coming. "I actually am not sure we shouldn't be regulated," Facebook CEO Mark Zuckerberg told CNN Wednesday night, answering questions about the Cambridge Analytica scandal.

What they’re saying: Lawmakers aren’t ready to entirely scrap the protection — known as Section 230 — that shields web sites and platforms from being sued over content posted by users. But they're warming to the idea of using it as leverage to put pressure on web and social media firms in specific cases.

  • Sen. Ron Wyden, who co-wrote the protections in the '90s, said web firms may face consequences if they don't take some responsibility for what's posted by their users.
    • “230 gave you a lot of flexibility to do a great deal to protect public interests in terms of what’s being posted, and if you don’t use it, you better believe this isn’t going to be the only bill,” he told reporters.
  • Sen. Mark Warner mentioned the anti-trafficking bill at a recent event and said that if internet companies don’t step up to prevent nefarious political actors online “you will see not only Section 230, but you will see whole changes that will require some responsibility from the content, but you will see even more.”
  • “When they were a nascent industry they received special statutory carve outs and special dispensation from the Congress and that made sense — but you’re now looking at a mature industry,” said Sen. Brian Schatz.
  • California Sen. Kamala Harris said she was open to examining the protections. "I’d be interested in seeing what would be proposed specifically,” she said.

Yes, but: Republicans drive the legislative agenda, and they remain wary of attempts to create blanket regulations for social media, including increasing their legal liability. "They have an intermediary defense, that gets back to the discussion of what exactly are they," said Sen. John Kennedy (R-La.) "It’s not impossible for us to decide what, if anything, we want to do, but it certainly is more likely to get a better result if Facebook and the other social media companies will come to the table and work with us and talk frankly about the problem.”

The gritty details: The Senate voted Wednesday to send the anti-trafficking bill to Trump's desk. That legislation says platforms will be liable if they knowingly facilitate sex-trafficking through content they host.

  • Victims’ advocates say it’s a simple fix to a legal loophole that’s kept trafficking survivors from getting justice against websites like Backpage. Sen. Rob Portman, who has led the charge for the trafficking bill, said he thinks there is "nothing being taken away from the legitimate freedom of the internet in our bill."
  • Some in tech counter it will lead to disastrous censorship regimes.

Comments from lawmakers indicate the result could be somewhere in the middle and targeted at specific issues. Outstanding concerns among lawmakers about platforms include:

  • Terrorist acts: Relatives of people killed by terrorist groups have sued platforms for hosting extremist content, noted law professor Eric Goldman.
  • Political disinformation: Warner’s comments came as he helps to lead an investigation into Russia’s meddling in the 2016 election.
  • Drug sales: Sens. Chuck Grassley and Dianne Feinstein, who lead the Judiciary Committee, recently asked platform companies to take steps to limit drug sales and advertising online.

The bottom line: These are not trivial threats for social media companies, who are trying to balance the need to better monitor content with free speech on their platforms.

Go deeper

10 mins ago - World

Sullivan expresses "serious concerns" to Israeli counterpart about Jerusalem violence

Israeli soldiers throw tear gas canisters at Palestinian demonstrators during a protest near the Jewish settlement of Beit El near Ramallah, in the occupied West Bank, on Sunday. Photo: Abbas Momani/AFP via Getty Images

U.S. National Security Adviser Jake Sullivan expressed "serious concerns" Sunday to his Israeli counterpart about "violent confrontations" in Jerusalem and planned evictions of Palestinian families from their homes in the city's east, per a White House statement.

Driving the news: More than 250 Palestinians and several Israeli police officers have been wounded since Friday. Israeli police have used tear gas, stun grenades, water cannons and rubber bullets on protesters, who've thrown "rocks and water bottles" at officers, per NPR. The violence continued Sunday night, AP notes.

Ina Fried, author of Login
Updated 3 hours ago - Technology

Exclusive: GLAAD finds top social media sites "categorically unsafe"

The leading social media sites — Facebook, Twitter, Instagram, TikTok and YouTube — are all "categorically unsafe" for LGBTQ people, according to a new study from GLAAD, the results of which were revealed Sunday on "Axios on HBO."

The big picture: GLAAD had planned to give each of the sites a grade as part of its inaugural social media index, but opted not to give individual grades this year after determining all the leading sites would receive a failing grade.

Emergency declaration issued in 17 states and D.C. over fuel pipeline cyberattack

Photo: Luke Sharrett/Bloomberg via Getty Images

The Biden administration said it's "working with" fuel pipeline operator Colonial Pipeline to try and restart operations after a ransomware attack took it offline.

Why it matters: Friday night's cyberattack is "the most significant, successful attack on energy infrastructure" known to have occurred in the U.S., notes energy researcher Amy Myers Jaffe, per Politico. A regional emergency