The Failed Experiment of Section 230 of the Communications Decency Act: How it Facilitates Exploitation and How it Must Be Reformed

Two truths coexist: The internet has brought with it tremendous changes for learning, connection, and business; and the internet and other digital platforms have led to an unprecedented exploitation of children on a scale never before imagined.This is due in large part to 230 of the Communications Decency Act-the law which tech platforms have distorted to immunize them from liability for their activity which causes extreme harm.This duality has led to a current vigorous debate about whether this 1996 law has any value in the 21st century.This Article answers that question with a resounding no, focusing on the issues surrounding child exploitation.It corrects the false argument made by the tech industry in their attempt to redefine 230's origin as one singularly focused on internet freedom.This is a false narrative, ignoring the actual context in which 230 became law: child protection.Given the current state of the internet, Congress should radically address internet regulation, but Congress has failed to act.This Article then makes the case to, at a minimum, reform 230 and at least return it to its original intent, which would paradoxically update it for the twenty-first century.This Article's in-depth review of legislative history, historically contemporaneous media coverage from 1996, and tech litigation strategy reveals two facts: (1) 230 was intended in large part for limited immunity to encourage the protection from child exploitation, and (2) tech platforms have systematically litigated throughout the country to expand that immunity to de facto near-absolute immunity, causing massive harm to children.This Article then compares the intentions and promises behind the law to the present day climate regarding child exploitation on the internet, specifically focusing on the problem of Child Sexual Abuse Material (CSAM)-also known as child pornography.This Piece observes the 2025]