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.
