One Small Ray of Sunshine in the Trade Mess

Most of what I’ve heard so far about NAFTA 2.0 is either boring (everyone hates the new acronym for the the United States-Mexico-Canada Agreement; it doesn’t change much) or mildly bad (it forces an extension of already near-endless copyright terms on Canada). But here’s a small ray of sunshine, courtesy of Eric Goldman, Good News! USMCA (a/k/a NAFTA 2.0) Embraces Section 230-Like Internet Immunity.

The key text is Article 19.17, and Eric gives a good clause-by-clause analysis in his post. In addition to extending § 230 to all of North America, this should make § 230 nearly impossible to repeal in the US–something a number of law professors have been urging in recent years. I don’t much approve of entrenching rules internationally against legislatures except in truly bilateral matters such as tariffs, but if I have to take all the bad IP stuff we keep getting, I guess it’s better to get this in the bargain than not.

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