Keen On

“The fatal error is ours. Legislators set out a regulatory regime that keeps regulation at bay. The only other industry with a similar protection is the gun industry.” — Olivier SylvainThere are certain words in book titles that provoke. “Reclaiming”, for example. My guest today is happy to defend the provocation. Fordham law professor and former FTC senior advisor Olivier Sylvain argues in his new book, Reclaiming the Internet, that the internet was never really ours to begin with—and that the story about user control, free speech, and digital democratisation was always more nostalgia than reality.But Sylvain’s argument in Reclaiming the Internet: How Big Tech Took Control—and How We Can Take It Back is not the usual big-tech-is-bad narrative (yawn). He doesn’t blame the companies. He blames us—or rather, Congress. The fatal error, he says, was Section 230 of the Communications Decency Act, passed in 1996, which created a blanket immunity from liability for companies trafficking in user-generated content. Th