Online immunities for Internet platforms under NAFTA

Canada and the U.S. appear to be getting close to the wire on the renegotiated NAFTA. If the USTR Fact Sheet on the UNITED STATES–MEXICO Trade Agreement is accurate, the agreement will contain a new requirement to: Limit the civil liability of Internet platforms for third-party content that such platforms host or process, outside of the realm intellectual property enforcement, thereby enhancing the economic viability of these engines of growth that depend on user interaction and user content. The inclusion of this provision should be no surprise. This was one of the United States’ stated objectives for NAFTA. It was also heavily lobbied for by Google and other major U.S. platforms and organizations funded by them. In particular, these platforms have lobbied to require Canada and Mexico to enact laws similar to the controversial Section 230 of the Communications Decency Act.[1] While it is not objectionable for Internet platforms to have some immunity for damage…

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