The Tech Policy Press Podcast Olivier Sylvain Wants to Reclaim the Internet from Big Tech
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Mar 29, 2026 Olivier Sylvain, a Fordham Law professor and author on tech regulation, explores how platforms used free-speech rhetoric to dodge responsibility. He discusses court verdicts holding Big Tech accountable, how Section 230 and algorithms shield harmful design, and legal paths like design liability, transparency, and data rules to reclaim online spaces.
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How Section 230 Created A Legal Shield
- Section 230 and early First Amendment rulings baked a user-empowerment story that treated platforms as neutral conduits.
- Reno v. ACLU and the 1996 Communications Decency Act created broad legal shields that ignored design differences between applications and insulated platforms from scrutiny.
Personalization Turned Platforms Into Attention Machines
- Platforms evolved from matching users to engineering attention via personalization, recommendations, infinite scroll and autoplay.
- These algorithmic design features monetized engagement with targeted ads while remaining largely outside legal accountability.
Courts Are Narrowing The 230 Blanket
- Courts are starting to differentiate platform applications and deny immunity for certain designs.
- Cases like Lemon v. Snap rejected a Section 230 defense for negligent design tied to a speed filter that foreseeably caused teen deaths.
