This episode features a lively (and fair warning long) interview with Daphne Keller, Director of the Program on Platform Regulation at Stanford University's 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. The ironies abound: Conservatives may be discriminated against, but so are Black Lives Matter activists. In fact, it looks to me as though any group that doesn't think it's the victim of biased content moderation would be well advised to scream as loudly as possible about censorship anyway for fear of losing the victimization sweepstakes.
Feeling a little like a carny at the sideshow, I serve up one solution for biased moderation after another, and Daphne methodically shoots them down. Transparency? None of the companies is willing to allow real transparency, and the government may have a first amendment problem forcing companies to disclose how they make their moderation decisions. Competition law as a way to encourage multiple curators? It might require a "magic" API, and besides, most users like a moderated Internet experience. Regulation? Only if we want to take First Amendment law back to the heyday of broadcast regulation (which is frankly starting to sound pretty good to me).
As a particularly egregious example of foreign governments and platforms ganging up to censor Americans, we touch on the CJEU's insufferable decision encouraging the export of European defamation law to the US with an extra margin of algorithmic censorship to keep the platform from any risk of liability. Turns out, that speech suppression regime is not just an end run around the first amendment; it's protected by the first amendment. I offer to risk my Facebook account to see if that's already happening.
In the news, 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 test for whether the codes are serious or flaky, and both fail.
In China news, Matthew covers China's ever-spreading censorship regime which now reaches Twitter users whose accounts are blocked by the Great Firewall. We also ask whether and how much the US "name and shame" campaign has actually reduced Chinese cyberespionage. And whether China is stealing tech from universities for the same reason Willie Sutton robbed banks that's where the IP is.
Nick recounts with undisguised glee the latest tribulations suffered by Clearview AI's 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 it a lesson in what to say to the police if you want that 53.6 million waiting for you when you get out of the clink?
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 police tracking device from your car isn't 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 doing a slow striptease in its investigation of mobile carriers for selling customer location data; now we know who'll be charged (pretty much everyone) and how much it will cost them ($200 million), but we still don't know the theory or whether the inquiry is going to kill off legitimate uses of location data.
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Will the First Amendment Kill Free Speech in America? - Reason
- Songs Celebrating the Five Freedoms of the First Amendment - WDET - July 10th, 2021
- Ask Civics 101: Do The States Need Congress's Permission To Hold A Constitutional Convention? - New Hampshire Public Radio - July 10th, 2021
- Jolie and Pitt's lawyers face off over her bid to dump their private judge in divorce case - USA TODAY - July 10th, 2021
- First Amendment is not 'bonkers' - Mount Olive Tribune - July 7th, 2021
- 7 Supreme Court cases that have shaped American elections - The Fulcrum - July 7th, 2021
- No, Iowa's 'Back the Blue Act' does not criminalize wearing the image of the U.S. flag on towels or swimsuits - UI The Daily Iowan - July 7th, 2021
- Floridas ban on bans will test First Amendment rights of social media companies - TechCrunch - May 24th, 2021
- Prince Harry's First Amendment Aversion Is Funny; the Governments That Agree Are Scary - Reason - May 24th, 2021
- Face Masks and the First Amendment - The Wall Street Journal - May 24th, 2021
- First Amendment Confusion | Opinion | Northern Express - northernexpress.com - May 24th, 2021
- The First Amendment and Mask Mandates Reason.com - Reason - May 24th, 2021
- OPINION: Prince Harry, allow me to explain the First Amendment - The Richmond Observer - May 24th, 2021
- Wicker, Hyde-Smith Cosponsor the 'Don't Weaponize the IRS Act' - Senator Roger Wicker - May 24th, 2021
- Opinion: 'Ohio will never bow to totalitarian pressures' - The Columbus Dispatch - May 24th, 2021
- If Courts Cant Agree on Who an Appropriate Person, Is for Notice of Sexual Harassment Under Title IX, How Can We Expect a Student in Crisis to Do So?... - May 24th, 2021
- Franklin Graham Can't Handle Prince Harry's Criticism of the First Amendment - Friendly Atheist - Patheos - May 24th, 2021
- Sharp increase in hate crimes has Mass. legislators looking to tighten laws - Milford Daily News - May 24th, 2021
- Tillis, Colleagues Introduce 'Don't Weaponize the IRS Act' - Thom Tillis - May 24th, 2021
- Washington: Second Amendment Banned in First Amendment Spaces After the Signing of Anti-Gun Measure - NRA ILA - May 16th, 2021
- Citing First Amendment, 4th Circuit reverses conviction for retired Air Force officer's use of N-word - ABA Journal - May 16th, 2021
- Prince Harry Calls The First Amendment 'Bonkers' and He Makes a Good Point - Showbiz Cheat Sheet - May 16th, 2021
- The First Amendment's Role in Broadcast and Online Regulation - Lexology - May 16th, 2021
- The Road Ahead for Net Neutrality and the First Amendment - JD Supra - May 16th, 2021
- Compliance Corner: A Brief Introduction to the History and Theory of Campaign-Finance Law, Part II - InsiderNJ - May 16th, 2021
- New Lawsuit Argues That D.C.'s Ban on Dancing at Weddings Violates the First Amendment - Reason - May 16th, 2021
- Commentary: It's time to revive Fairness Doctrine and expand it - Crain's Detroit Business - May 16th, 2021
- Social And Political Issues And The Workplace Implications For Employers - Employment and HR - United States - Mondaq News Alerts - May 16th, 2021
- Protesters: Changes to the Rockford City Market are meant to stymie their message - Rockford Register Star - May 16th, 2021
- Twitter's lawsuit against Texas Attorney General Ken Paxton tossed by federal judge - The Texas Tribune - May 16th, 2021
- Idaho Press Club objects to the subpoena of journalist Nate Eaton, of East Idaho News - East Idaho News - May 16th, 2021
- Trump, the Facebook Ban, and Who Decides - Bloomberg Law - May 16th, 2021
- First Amendment Versus The Civil Rights Act: A Clash Of Titans - Employment and HR - United States - Mondaq News Alerts - May 3rd, 2021
- Commentary: How to live your First Amendment freedoms - Press Herald - May 3rd, 2021
- Students and First Amendment Week: The Right to Be Loud - BVU The Tack Online - May 3rd, 2021
- The First Amendment and Social Media The Tack Online - BVU The Tack Online - May 3rd, 2021
- Justices Appear Poised to Strike Down California Law in Case with Potential to Allow More Dark Money in Politics - Law & Crime - May 3rd, 2021
- A close call this time, but lawmakers have a bad attitude on openness | Cotterell - Tallahassee Democrat - May 3rd, 2021
- The Two Teds - Episode 3 - The First Amendment - Gibson Dunn - April 19th, 2021
- MyPillow CEO Recruits First Amendment Heavy Hitters to Fight Dominion - The Daily Beast - April 19th, 2021
- Some LGBTQ groups and leaders are taking different sides in First Amendment case - Out In Jersey - April 19th, 2021
- Tenth Circuit Grants Qualified Immunity to Police Who Knowingly Violated the First Amendment - Cato Institute - April 19th, 2021
- Spencer and Volokh Discuss the First Amendment and Content Moderation on Social Media Platforms - UMass Dartmouth - April 19th, 2021
- Lecturers speak on the importance of the First Amendment in the civil rights movement - Iowa State Daily - April 19th, 2021
- Protect the police or the First Amendment? | TheHill - The Hill - April 19th, 2021
- Smartmatic Calls Bulls--t on Foxs First Amendment Argument - Vanity Fair - April 19th, 2021
- Letter: Equality Act targets First Amendment rights | Letters to the Editor | readingeagle.com - Reading Eagle - April 19th, 2021
- MLive/Kalamazoo Gazettes Brad Devereaux wins First Amendment Award for exposing closed-door meetings - MLive.com - April 19th, 2021
- The IHRA Definition of Anti-Semitism Puts Jews on the Wrong Side of the First Amendment - Jewish Week - April 19th, 2021
- Project Veritas Gonna Sue Twitter For Defamatory Section 230 Censorship And First Amendment Assault Or Something - Above the Law - April 19th, 2021
- Letter: On God and the First Amendment | Communities | mainstreet-nashville.com - Main Street Nashville - April 19th, 2021
- Justice Thomas's Misguided Concurrence on Platform Regulation - Lawfare - April 19th, 2021
- 'Hate has no home here': City of Appleton puts up sign countering sign with homophobic slur - Post-Crescent - April 19th, 2021
- Prohibited prayer and the limits of government authority even in a pandemic | Sullum - Chicago Sun-Times - April 19th, 2021
- Clarence Thomas plays a poor devils advocate in floating First Amendment limits for tech companies - TechCrunch - April 6th, 2021
- First Circuit Upholds First Amendment Right to Secretly Audio Record the Police - EFF - April 6th, 2021
- Justice Clarence Thomas Takes Aim At Tech And Its Power 'To Cut Off Speech' - NPR - April 6th, 2021
- "Fake News" and the First Amendment - University of Dayton - News Home - April 6th, 2021
- Bar owners went beyond First Amendment rights with their 'raised voices, interrupting,' AG argues - Cambridge Day - April 6th, 2021
- Clarence Thomas blasts Section 230, wants common-carrier rules on Twitter - Ars Technica - April 6th, 2021
- Drones (and the First Amendment) take on regulatory overreach in North Carolina - Chatham Journal Weekly - April 6th, 2021
- The university response to offensive speech often reflects a feeble commitment to diversity, equity and inclusion - Poynter - April 6th, 2021
- Online event examines the relationship between free speech and firearms - Nevada Today - April 6th, 2021
- Official Website for the Governor of Maryland - maryland.gov - April 6th, 2021
- Opinion: Remembering the Core Four Pillars of Journalism Amid a Pandemic - Times of San Diego - April 6th, 2021
- Tenth Circuit Misses Opportunity to Affirm the First Amendment Right to Record the Police - EFF - April 2nd, 2021
- Is There a First Amendment Right to Tweet? - JSTOR Daily - April 2nd, 2021
- Is blocking a constituent on Twitter against the First Amendment? This DC resident thinks so | The Hill is Home - The Hillishome - April 2nd, 2021
- The 6th Circuit Reached the Right Conclusion on Preferred Pronouns. Other Courts Should Follow Suit. - Heritage.org - April 2nd, 2021
- Why It's So Hard to Prosecute White Extremists - The Marshall Project - April 2nd, 2021
- Loeb School announces free spring classes and writing workshops - The Union Leader - April 2nd, 2021
- Parler Forced To Explain The First Amendment To Its Users After They Complain About Parler Turning Over Info To The FBI - Techdirt - March 31st, 2021
- Terrorism and Other Dangerous Online Content: Exporting the First Amendment? - Just Security - March 31st, 2021
- The First Amendment: Rarely Popular, Always Necessary - The Dispatch - March 31st, 2021
- The First Amendment: What It Is & What It Isn't - WSHU - March 31st, 2021
- Drawing a Line Between Internet Trolls and the First Amendment - Government Technology - March 31st, 2021
- BREAKING: ACLU Representatives Join Unprecedented Podcast to Discuss HUGE Ramifications of Creasy/Lindenbaum/TCPA on First Amendment Rights - Lexology - March 31st, 2021
- Courts: Bystanders have right to record police under the First Amendment - Newsday - March 31st, 2021
- RCFP urges court to order Texas AG to stop investigating Twitter - Reporters Committee for Freedom of the Press - March 31st, 2021
- Pronouns in the University Classroom & the First Amendment - Reason - March 31st, 2021
- Matt Taibbi: A Biden appointee's troubling views on the First Amendment - National Post - March 31st, 2021