This episode features a lively (andfair warninglong) interview with Daphne Keller, Director of the Program on Platform Regulation at Stanford Universitys Cyber Policy Center. We explore themes from her recent paper on regulation of online speech. It turns out that more or less everyone has an ability to restrict users speech online, and pretty much no one has both authority and an interest in fostering free-speech values. Conservatives may be discriminated against, but so are Black Lives Matter activists. I serve up one solution to biased moderation after another, and Daphne methodically shoots them down. Transparency? None of the companies is willing, and the government may have a constitutional problem forcing them to disclose how they make their moderation decisions. Competition law? A long haul, and besides, most users like a moderated Internet experience. Regulation? Only if we take the First Amendment back to the heyday of broadcast regulation. As a particularly egregious example of foreign governments and platforms ganging up to censor Americans, we touch on the Europe Court of Justices insufferable decision encouraging the export of European defamation law to the U.S.with an extra margin of censorship to keep the platform from any risk of liability. I offer to risk my Facebook account to see if thats already happening.
In the news, the FISA follies take center stage, as the March 15 deadline for reauthorizing important counterterrorism authorities draws near. No one has a good solution. Matthew Heiman explains that another kick-the-can scenario remains a live option. And Nick Weaver summarizes the problems that the PCLOB found with the FISA call detail record program. My take: The program failed because it was imposed on NSA by libertarian ideologues who had no idea how it would work in practice and who now want to blame NSA for their own shortsightedness.
Another week, another couple of artificial intelligence ethics codes: The two most recent ones come from DOD and the Pope? Mark MacCarthy sees a lot to like. I offer my quick and dirty CTRL-F bias test for whether the codes are serious or flaky, and both fail.
In China news, Matthew covers Chinas ever-spreading censorship regimenow reaching Twitter users whose accounts are blocked by the Great Firewall. We also ask whether and how much the U.S. name and shame campaign has actually reduced Chinese cyberespionage. And whether China is stealing tech from universities for the same reason Willie Sutton robbed banksthats where the IP is.
Nick recounts with undisguised glee the latest tribulations suffered by Clearview and its facial recognition system: Its app has been banned from Android and Apple, and both its customers and its data collection methods have been doxed.
Mark notes the success of threats to boycott Pakistan on the part of Facebook, Google and Twitter. I wonder if that will simply incentivize Pakistan to drive its social media ecosystem toward the Chinese giants. Nick gives drug dealers a lesson in how not to store the codes for 53.6 million in Bitcoin; or is he offering a lesson in what to say to the police if you want that 53.6 million waiting for you when you get out of prison?
Finally, in a few quick hits, we cover new developments in past stories: It turns out, to the surprise of no one, that removing a GPS tracking device from your car isnt theft. West Virginia has apparently recovered from a fit of insanity and now does not plan to allow voting by insecure app. And the FCC is taking it slow in its investigation of mobile carriers for selling customer location data; now we know wholl be charged (pretty much everyone) and how much it will cost them ($200 million), but we still dont know the theory or whether the whole inquiry is going to kill off legitimate uses of location data.
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- First Amendment on the street | Opinion | dailyitem.com - Sunbury Daily Item - June 30th, 2020
- Taking a cellphone video of police? Theres a First Amendment for that - Seattle Times - June 30th, 2020
- First Amendment Bars California from Requiring a Proposition 65 Glyphosate Warning - JD Supra - June 30th, 2020
- Read the First Amendment | Letters To The Editor - The Central Virginian - June 30th, 2020
- First Amendment right to protest is in jeopardy in Jacksonville - The Florida Times-Union - June 30th, 2020
- Pence says First Amendment is why Trump campaign held Tulsa rally despite local health officials' warnings - Yahoo News - June 30th, 2020
- Supreme Court hands win to religious schools | TheHill - The Hill - June 30th, 2020
- Letter to the Editor: Remember and Defend the First Amendment - Dana Point Times - June 20th, 2020
- Another look at the First Amendment | Opinion - Franklin News Post - June 20th, 2020
- Death threats protected by First Amendment, attorney says - Alpena News - June 20th, 2020
- Really Pathetic: First Amendment Expert Torches DOJ Efforts to Stop John Bolton Book - Law & Crime - June 20th, 2020
- The First Amendment protects attorneys from compelled speech | TheHill - The Hill - June 17th, 2020
- Protesters are protected by the First Amendment and will not be cited any violations if they remain peaceful - WATN - Local 24 - June 17th, 2020
- Dear Journal: That's some amendment, that First Amendment; let's use it - The Daily World - June 17th, 2020
- Barr Threatens Suit To Stop Boltons Book Because The First Amendment Is, Like, More Of A Suggestion Really - Above the Law - June 17th, 2020
- NASCAR tossed out First Amendment and more letters to the editors - Chattanooga Times Free Press - June 17th, 2020
- Snap's decision to restrict Trump is within its First Amendment rights, CEO says - CNBC - June 17th, 2020
- First Amendment rights? Only for the Left - Must Read Alaska - June 17th, 2020
- "Vocational Training Is Speech Protected by the First Amendment" - Reason - June 17th, 2020
- A North Carolina professor who sparked outrage with his tweets still has his job. Why? It's called the First Amendment. - USA TODAY - June 17th, 2020
- Opinion: 1st Amendment rights apparently only apply to the left - Juneau Empire - June 17th, 2020
- If you're planning to take part in protests, know your rights. Read this. - CNN - June 17th, 2020
- Opinion: Trump's Antifa crackdown treads on First Amendment - The Detroit News - June 17th, 2020
- First Amendment Rights and Twitter, Encryption Backdoors - Security Boulevard - June 1st, 2020
- Arrest of CNN Crew in Minneapolis a 'Violation of First Amendment' - Voice of America - June 1st, 2020
- Trump, Twitter and the First Amendment - The New York Times - June 1st, 2020
- First Amendment Group Opposes Webinars On Toll Roads - WUSF News - June 1st, 2020
- ACLU issues warning to police to protect First Amendment rights of protesters - KATC Lafayette News - June 1st, 2020
- Federal, California and Local Law Enforcement's Statement on the Death of George Floyd and Riots Says They Will Continue to Work Together to Protect... - June 1st, 2020
- First Amendment Legal Expert Floyd Abrams on Trump's Chilling Executive Order Designed to Kill Free Speech - Showbiz411 - June 1st, 2020
- DC mayor institutes curfew and urges calm after weekend of unrest - KEYT - June 1st, 2020
- Open season on the free press: Journalists targeted in attacks as U.S. protests rage - Reuters - June 1st, 2020
- RCFP condemns attacks against journalists covering protests - Reporters Committee for Freedom of the Press - June 1st, 2020
- Day 3 of protests in Portland, Oregon over death of George Floyd - KGW.com - June 1st, 2020
- As Waves of Protest Surge Across America - The New York Times - June 1st, 2020
- Trump Executive Order Violates the First Amendment - SF Bay Area Indymedia - June 1st, 2020
- DC mayor urges calm after protests nearby the White House occur for second consecutive night - CNN International - June 1st, 2020
- Man with bow is expected to be charged; Salt Lake City chief decries officer who knocked down elderly man with a cane - Salt Lake Tribune - June 1st, 2020
- Trump Executive Order Misreads Key Law Promoting Free Expression Online and Violates the First Amendment - EFF - May 29th, 2020
- Content Moderation, Section 230, and The First Amendment - AAF - American Action Forum - May 29th, 2020
- Times Union takes First Amendment and Journalist of the Year, 11 other awards in statewide contest - Times Union - May 29th, 2020
- First Amendment May Protect Use of Trademarks As Artistic Expression - JD Supra - May 29th, 2020
- Strictly Legal: Is Fox News entitled to First Amendment protection? - The Cincinnati Enquirer - May 29th, 2020
- Facebook Keeps Touting The First Amendment To Justify Its Content Policies - AdExchanger - May 29th, 2020
- Trump vs. Twitter | Editorials | gjsentinel.com - The Grand Junction Daily Sentinel - May 29th, 2020
- Churches respond to COVID-19, First Amendment ruling - Morganton News Herald - May 29th, 2020
- 'The First Amendment is very clear': Sheriff's Office won't break up religious services for 'NY on PAUSE' violations - The Livingston County News - May 29th, 2020
- RCFP statement on Trump's social media executive order - Reporters Committee for Freedom of the Press - May 29th, 2020
- WashU Expert: Trump attacks on Twitter betray free speech principles - Washington University in St. Louis Newsroom - May 29th, 2020
- Reexamining the Computer Fraud and Abuse Act | Morgan Lewis - Tech & Sourcing - JD Supra - May 29th, 2020
- Going to the dogs: the Ninth Circuit's erosion of trademark rights exclusive guest post - World Trademark Review - May 29th, 2020
- First Amendment Lawyer Dismisses Trumps Claim That Twitter Is Stifling Free Speech: He Doesnt Want Critics to Have a Chance to Respond - Mediaite - May 29th, 2020
- Liberals Have Rediscovered the 10th Amendment's Value During the Coronavirus Pandemic - Reason - May 29th, 2020
- Former DNC chair Donna Brazile claims 'theres no First Amendment right to lie. Her co-hosts on The Five erupt in mockery. - TheBlaze - May 29th, 2020
- Supreme Court: Clarence Thomas calls for shrinking the First Amendment - Vox.com - May 14th, 2020
- What words make up a true threat? Well, that depends - The Mercury - May 14th, 2020
- Onslow Sheriffs department will not interfere with indoor church services - Jacksonville Daily News - May 14th, 2020
- Religious freedom is under threat in the courtroom - UPI.com - May 14th, 2020
- Neuberger Demands That Carney Lift Restrictions On Worshipping Now - First State Update - May 14th, 2020
- The First Amendment To the Constitution of The United States of America - The Suburban Times - May 11th, 2020
- Exposing Russian information operations does not violate the First Amendment | TheHill - The Hill - May 11th, 2020
- The Supreme Court Could Use the First Amendment to Unleash a Robocall Nightmare - The Atlantic - May 11th, 2020
- Divorcing couples have First Amendment right to disparage each other on social media, SJC rules - The Boston Globe - May 11th, 2020
- The Price of the First Amendment "Is That We Must Put Up With a Good Deal of Rubbish" - Reason - May 11th, 2020
- Societe Generale: Availability of the first amendment to the 2020 Universal Registration Document - GlobeNewswire - May 11th, 2020
- Governors Can't Suspend the First Amendment - Daily Signal - May 11th, 2020
- Houston strip club allowed to open, but without dancers - KHOU.com - May 11th, 2020
- Lawsuit filed against Marco Island alleges first amendment violation - Marco News - May 4th, 2020
- First amendment rights should not be suppressed, even during pandemic The News Journal - The News Journal - May 4th, 2020
- Urgent Care Doctor Silenced By Youtube Says His First Amendment Rights Have Been Attacked - Sara A. Carter - May 4th, 2020
- 'ReOpen NC' Founder Has COVID-19, Says It Is Her First Amendment Right To Infect Others - Wonkette - May 4th, 2020
- A tale of two universities and one First Amendment - OneNewsNow - May 4th, 2020
- The Trump campaign's frivolous lawsuits are next-level threats to the First Amendment - Business Insider - Business Insider - April 18th, 2020
- New podcast: Who-da thunk it? Drive-in churches are First Amendment battlegrounds - GetReligion - April 18th, 2020
- Students Don't "Shed Their Freedom of Speech at the Schoolhouse Gate" - Reason - April 18th, 2020
- Teenager Who Shared Coronavirus Infection on Instagram Threatened With Arrest By Police, Lawsuit Says - Newsweek - April 18th, 2020
- Tea Party president says he was threatened with arrest for planning protest on Newton Green - New Jersey Herald - April 18th, 2020
- Legal expert: Trumps liberate Tweets incite insurrection and thats illegal - AlterNet - April 18th, 2020
- Lawmakers say Walz order is a violation of The First Amendment - KWLM (Willmar Radio) - April 18th, 2020
- With the public's need to know greater than ever, the D&C fights for info on outbreak - Democrat & Chronicle - April 18th, 2020