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
- COOMBES: Put the First Amendment first - University of Virginia The Cavalier Daily - October 12th, 2020
- Did the First Amendment to the Constitution lay the foundation for an authoritarian state? - The Indian Express - October 12th, 2020
- First Amendment Right to Record Child-Protection Visit to Your Home - Reason - October 12th, 2020
- First Amendment scholars weigh in on legality of Terminal Tower Biden Harris light display - cleveland.com - October 12th, 2020
- Use of Trademarks in Creative Works & Lanham Act Liability - The National Law Review - October 12th, 2020
- 'Introduction to the First Amendment Museum' topic of presentation - Kennebec Journal & Morning Sentinel - October 12th, 2020
- Judge amy coney barrett and the First Amendment - Lexology - October 12th, 2020
- A vote for Trump is a vote against the First Amendment - Poughkeepsie Journal - October 12th, 2020
- Trump Admin. Says First Amendment Is Moot In WeChat Case - Law360 - October 12th, 2020
- You Shouldn't Get Sued for Petitioning the Government - Cato Institute - October 12th, 2020
- Reporters Committee welcomes Inasmuch Foundation Legal Fellow - Reporters Committee for Freedom of the Press - October 12th, 2020
- FIRST 5: Trump and COVID-19 -- How 'free' are/should we be? - Salina Post - October 12th, 2020
- Candidates and voters alike suffer as yard signs are targeted for theft and vandalism - Burlington Hawk Eye - October 12th, 2020
- Letters to the Editor: The First Amendment in Rio Rancho - Albuquerque Journal - September 21st, 2020
- Texas A&M University Introduces First Amendment Website - Texas A&M University Today - September 21st, 2020
- Attorney on first amendment rights of protesters: The government must protect these rights - RochesterFirst - September 21st, 2020
- Polk County GOP chairperson gathering signatures in support of a Second Amendment Designated County - Grand Forks Herald - September 21st, 2020
- Health officials urge people who attended Trump rally on Saturday to get tested for coronavirus - The Fayetteville Observer - September 21st, 2020
- Potsdam 'toilet gardens' will stay, for now, as federal judge grants injunction in toilet case - NNY360 - September 21st, 2020
- This Week at The Ninth: Informational Injury and Union Dues - JD Supra - September 21st, 2020
- Even with a Recent Lag, Special Interest PACs Enjoy Big Fundraising Edge Over Parties - InsiderNJ - September 21st, 2020
- Readers respond: Racists coming out of the woodwork - oregonlive.com - September 21st, 2020
- WeChat and TikTok Sanctions Not to Came Into Effect Yesterday - JD Supra - September 21st, 2020
- The Oklahoma Meat Consumer Protection Act is Meat Lobby's Response to the Increased Consumer Demand for Plant-Based Options - vegconomist - the vegan... - September 21st, 2020
- Army esports team denies accusations of violating First Amendment, offering fake giveaways - ArmyTimes.com - July 21st, 2020
- FIRST FIVE: Fighting over the meaning of First Amendment freedoms - hays Post - July 21st, 2020
- My View: In Provincetown, strange views of the First Amendment - Wicked Local Provincetown - July 21st, 2020
- John Bolton Gambles That Constitution Will Save Profits on Book That Was Embarrassing to the President - Law & Crime - July 21st, 2020
- Second Circuit Wrecks All Sorts Of First Amendment Protections To Keep Lawsuit Against Joy Reid Alive - Techdirt - July 21st, 2020
- Editorial A flushtrated community: Potsdam trampling on First Amendment rights of toilet artist - NNY360 - July 21st, 2020
- This Week in Technology + Press Freedom: July 19, 2020 - Reporters Committee for Freedom of the Press - July 21st, 2020
- Churchill: Troy preacher has the right to offend - Times Union - July 21st, 2020
- More conferences cancel fall sports and other COVID-19 news - Inside Higher Ed - July 21st, 2020
- 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