This EFF article articulates reasons why incorporating CDA § 230 into NAFTA can ultimately be means to protect it from encroaching domestic proposals such as SESTA and FOSTA, which are currently gaining steam in Congress. (The domestic proposals warrant their own analysis and blog post.)
This negotiation comes at a time when Section 230 stands under threat in the United States, currently from the SESTA and FOSTA proposals, which could escalate into demands that platforms also assume greater responsibility for other types of content. As uncomfortable as we are with the lack of openness of trade negotiations, baking Section 230 into NAFTA may be the best opportunity we have to protect it domestically.
It will be interesting to see how this plays out, as second round NAFTA talks are slated to begin on February 25th.