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Free Speech

Experts Reflect on Supreme Court Decision to Block Texas Social Media Bill

Observers on a Broadband Breakfast panel offered differing perspectives on the high court’s decision.

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WASHINGTON, June 2, 2022 – Experts hosted by Broadband Breakfast Wednesday were split on what to make of  the Supreme Court’s 5-4 decision to reverse a lower court order lifting a ban on a Texas social media law that would have made it illegal for certain large platforms to crack down on speech they deem reprehensible.

The decision keeps the law from taking affect until a full determination is made by a lower court.

Parler CPO Amy Peikoff

During a Broadband Live Online event on Wednesday, Ari Cohn, free speech counsel for tech lobbyist TechFreedom, argued that the bill “undermines the First Amendment to protect the values of free speech.

“We have seen time and again over the course of history that when you give the government power to start encroaching on editorial decisions [it will] never go away, it will only grow stronger,” he cautioned. “It will inevitably be abused by whoever is in power.”

Nora Benavidez, senior counsel and director of digital justice and civil rights for advocate Free Press, agreed with Cohn. “This is a state effort to control what private entities do,” she said Wednesday. “That is unconstitutional.

“When government attempts to invade into private action that is deeply problematic,” Benavidez continued. “We can see hundreds and hundreds of years of examples of where various countries have inserted themselves into private actions – that leads to authoritarianism, that leads to censorship.”

Different perspectives

Principal at McCollough Law Firm Scott McCollough said Wednesday  that he believed the law should have been allowed to stand.

“I agree the government should not be picking and choosing who gets to speak and who does not,” he said. “The intent behind the Texas statute was to prevent anyone from being censored – regardless of viewpoint, no matter what [the viewpoint] is.”

McCollough argued that this case was about which free speech values supersede the other – “those of the platforms, or those of the people who feel that they are being shut out from what is today the public square.

“In the end it will be a court that acts, and the court is also the state,” McCollough added. “So, in that respect, the state would still be weighing in on who wins and who loses – who gets to speak and who does not.”

Chief policy officer of social media platform Parler Amy Peikoff said Wednesday that her primary concern was “viewpoint discrimination in favor of the ruling elite.”

Peikoff was particularly concerned about coordination between state agencies and social media platforms to “squelch certain viewpoints.”

Peikoff clarified that she did not believe that the Texas law was the best vehicle to address these concerns, however, stating instead that lawsuits – preferably private ones – be used to remove the “censorious cancer,” rather than entangling a government entity in the matter.

“This cancer grows out of a partnership between government and social media to squelch discussion about certain viewpoints and perspectives.”

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, June 1, 2022, 12 Noon ET – BREAKING NEWS EVENT! – The Supreme Court, Social Media and the Culture Wars

The Supreme Court on Tuesday blocked a Texas law that would ban large social media companies from removing posts based on the views they express. Join us for this breaking news event of Broadband Breakfast Live Online in which we discuss the Supreme Court, social media and the culture wars.

Panelists:

  • Scott McCollough, Attorney, McCollough Law Firm
  • Amy Peikoff, Chief Policy Officer, Parler
  • Ari Cohn, Free Speech Counsel, TechFreedom
  • Nora Benavidez, Senior Counsel and Director of Digital Justice and Civil Rights at Free Press
  • Drew Clark (presenter and host), Editor and Publisher, Broadband Breakfast

Panelist resources:

W. Scott McCollough has practiced communications and Internet law for 38 years, with a specialization in regulatory issues confronting the industry.  Clients include competitive communications companies, Internet service and application providers, public interest organizations and consumers.

Amy Peikoff is the Chief Policy Officer of Parler. After completing her Ph.D., she taught at universities (University of Texas, Austin, University of North Carolina, Chapel Hill, United States Air Force Academy) and law schools (Chapman, Southwestern), publishing frequently cited academic articles on privacy law, as well as op-eds in leading newspapers across the country on a range of issues. Just prior to joining Parler, she founded and was President of the Center for the Legalization of Privacy, which submitted an amicus brief in United States v. Facebook in 2019.

Ari Cohn is Free Speech Counsel at TechFreedom. A nationally recognized expert in First Amendment law, he was previously the Director of the Individual Rights Defense Program at the Foundation for Individual Rights in Education (FIRE), and has worked in private practice at Mayer Brown LLP and as a solo practitioner, and was an attorney with the U.S. Department of Education’s Office for Civil Rights. Ari graduated cum laude from Cornell Law School, and earned his Bachelor of Arts degree from the University of Illinois at Urbana-Champaign.

Nora Benavidez manages Free Press’s efforts around platform and media accountability to defend against digital threats to democracy. She previously served as the director of PEN America’s U.S. Free Expression Programs, where she guided the organization’s national advocacy agenda on First Amendment and free-expression issues, including press freedom, disinformation defense and protest rights. Nora launched and led PEN America’s media-literacy and disinformation-defense program. She also led the organization’s groundbreaking First Amendment lawsuit, PEN America v. Donald Trump, to hold the former president accountable for his retaliation against and censorship of journalists he disliked.

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

Photo of the Supreme Court from September 2020 by Aiva.

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Reporter Ben Kahn is a graduate of University of Baltimore and the National Journalism Center. His work has appeared in Washington Jewish Week and The Center Square, among other publications. He he covered almost every beat at Broadband Breakfast.

Free Speech

Improved Age Verification Allows States to Consider Restricting Social Media

Constitutional issues leading courts to strike down age verification law are still present, said EFF.

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WASHINGTON, November 20, 2023 — A Utah law requiring age verification for social media accounts is likely to face First Amendment lawsuits, experts warned during an online panel Wednesday hosted by Broadband Breakfast.

The law, set to take effect in March 2024, mandates that all social media users in Utah verify their age and imposes additional restrictions on minors’ accounts.

The Utah law raises the same constitutional issues that have led courts to strike down similar laws requiring age verification, said Aaron Mackey, free speech and transparency litigation director at the non-profit Electronic Frontier Foundation.

“What you have done is you have substantially burdened everyone’s First Amendment right to access information online that includes both adults and minors,” Mackey said. “You make no difference between the autonomy and First Amendment rights of older teens and young adults” versus young children, he said.

But Donna Rice Hughes, CEO of Enough is Enough, contended that age verification technology has successfully restricted minors’ access to pornography and could be applied to social media as well.

“Utah was one of the first states [to] have age verification technology in place to keep minor children under the age of 18 off of porn sites and it’s working,” she said.

Tony Allen, executive director of Age Check Certification Scheme, agreed that age verification systems had progressed considerably from a generation ago, when the Supreme Court in 2002’s Ashcroft v. American Civil Liberties Union, struck down the 1998 Child Online Protection Act. The law had been designed to shield minors from indecent material, but the court ruled that age-verification methods often failed at that task.

Andrew Zack, policy manager at the Family Online Safety Institute, said that his organization he welcomed interest in youth safety policies from Utah.

But Zack said, “We still have some concerns about the potential unintended consequences that come with this law,”  worrying particularly about potential unintended consequences for teen privacy and expression rights.

Taylor Barkley, director of technology and innovation at the Center for Growth and Opportunity, highlighted the importance of understanding the specific problems the law aims to address. “Policy Solutions have trade-offs.” urging that solutions be tailored to the problems identified.

Panelists generally agreed that comprehensive data privacy legislation could help address social media concerns without facing the same First Amendment hurdles.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, November 15, 2023 – Social Media for Kids in Utah

In March 2023, Utah became the first state to adopt laws regulating kids’ access to social media. This legislative stride was rapidly followed by several states, including Arkansas, Illinois, Louisiana, and Mississippi, with numerous others contemplating similar measures. For nearly two decades, social media platforms enjoyed unbridled growth and influence. The landscape is now changing as lawmakers become more active in shaping the future of digital communication. This transformation calls for a nuanced evaluation of the current state of social media in the United States, particularly in light of Utah’s pioneering role. Is age verification the right way to go? What are the broader implications of this regulatory trend for the future of digital communication and online privacy across the country?

Panelists

  • Andrew Zack, Policy Manager, Family Online Safety Institute
  • Donna Rice Hughes, President and CEO of Enough Is Enough
  • Taylor Barkley, Director of Technology and Innovation, Center for Growth and Opportunity
  • Tony Allen, Executive Director, Age Check Certification Scheme
  • Aaron Mackey, Free Speech and Transparency Litigation Director, Electronic Frontier Foundation
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources

Andrew Zack is the Policy Manager for the Family Online Safety Institute, leading policy and research work relating to online safety issues, laws, and regulations. He works with federal and state legislatures, relevant federal agencies, and industry leaders to develop and advance policies that promote safe and positive online experience for families. Andrew joined FOSI after five years in Senator Ed Markey’s office, where he worked primarily on education, child welfare, and disability policies. Andrew studied Government and Psychology at the College of William and Mary.

Donna Rice Hughes, President and CEO of Enough Is Enough is an internationally known Internet safety expert, author, speaker and producer. Her vision, expertise and advocacy helped to birth the Internet safety movement in America at the advent of the digital age. Since 1994, she has been a pioneering leader on the frontlines of U.S. efforts to make the internet safer for children and families by implementing a three-pronged strategy of the public, the technology industry and legal community sharing the responsibility to protect children online.

Taylor Barkley is the Director of Technology and Innovation at the Center for Growth and Opportunity where he manages the research agenda, strategy, and represents the technology and innovation portfolio. His primary research and expertise are at the intersection of culture, technology, and innovation. Prior roles in tech policy have been at Stand Together, the Competitive Enterprise Institute, and the Mercatus Center at George Mason University.

Tony Allen a Chartered Trading Standards Practitioner and acknowledged specialist in age restricted sales law and practice. He is the Chair of the UK Government’s Expert Panel on Age Restrictions and Executive Director of a UKAS accredited conformity assessment body specialising in age and identity assurance testing and certification. He is the Technical Editor of the current international standard for Age Assurance Systems.

Aaron Mackey is EFF’s Free Speech and Transparency Litigation Director. He helps lead cases advancing free speech, anonymity, and privacy online while also working to increase public access to government records. Before joining EFF in 2015, Aaron was in Washington, D.C. where he worked on speech, privacy, and freedom of information issues at the Reporters Committee for Freedom of the Press and the Institute for Public Representation at Georgetown Law

Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Free Speech

UK’s Online Safety Bill Likely to Impact American User Experience

The bill will affect the tone and content of discussion on U.S.-owned platforms that wish to continue offering UK services.

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Screenshot of Amy Peikoff of BitChute

WASHINGTON, July 21, 2023 – The United Kingdom’s Online Safety Bill will impact the American-based user’s experience on various platforms, said panelist at a Broadband Breakfast Live Online event Wednesday.  

The Online Safety Bill is the UK’s response to concerns about the negative impact of various internet platforms and applications. The core of the bill addresses illegal content and content that is harmful to children. It places a duty of care on internet sites, including social media platforms, search engines, and online shopping centers, to provide risk assessments for their content, prevent access to illegal content, protect privacy, and prevent children from accessing harmful content. 

The legislation would apply to any business that has a substantial user base in the UK, having unforeseen impacts on the end user experience, said Amy Peikoff, Chief Policy Officer of UK-based video-streaming platform, BitChute. 

Even though the legislation is not U.S. legislation, it will affect the tone and content of discussion on U.S.-owned platforms that wish to continue offering their services in the jurisdictions where this legislation will be enacted, said Peikoff. Already, the European Union’s Digital Services Act, is affecting Twitter, which is “throttling its speech” to turn out statistics that say a certain percentage of their content is “healthy,” she claimed. 

Large social media companies as we know them are finished, Peikoff said.  

Ofcom, the UK’s communications regulator, will be responsible to provide guidelines and best practices as well as conduct investigations and auditing. It will be authorized to apprehend revenue if a company fails to adhere to laws and may enact rules that require companies to provide user data to the agency and/or screen user messages for harmful content. 

Peikoff claimed that the legislation could set off a chain of events, “namely, that platforms like BitChute would be required to affirmatively, proactively scan every single piece of content – comments, videos, whatever posted to the platform – and keep a record of any flags.” She added that U.S-based communication would not be exempt. 

Meta-owned WhatsApp, a popular messaging app, has warned that it will exit the UK market if the legislation requires it to release data about its users or screen their messages, claiming that doing so would “compromise” the privacy of all users and threaten the encryption on its platform. 

Matthew Lesh, director of public policy and communications at the UK think tank Institute of Economic Affairs, said that the bill is a “recipe for censorship on an industrial, mechanical scale.” He warned that many companies will choose to simply block UK-based users from using their services, harming UK competitiveness globally and discouraging investors.  

In addition, Lesh highlighted privacy concerns introduced by the legislation. By levying fines on platforms that host harmful content accessible by children, companies may have to screen for children by requiring users to present government-issued IDs, presenting a major privacy concern for users.  

The primary issue with the bill and similar policies, said Lesh, is that it enacts the same moderation policies to all online platforms, which can limit certain speech and stop healthy discussion and interaction cross political lines. 

The bill is currently in the final stages of the committee stage in the House of Lords, the UK’s second chamber of parliament. Following its passage, the bill will go to the House of Commons in which it will either be amended or be accepted and become law. General support in the UK’s parliament for the bill suggests that the bill will be implemented sometime next year. 

This follows considerable debate in the United States regarding content moderation, many of which discussions are centered around possible reform of Section 230. Section 230 protects platforms from being treated as a publisher or speaker of information originating from a third party, thus shielding it from liability for the posts of the latter. 

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, July 19, 2023 – The UK’s Online Safety Bill

The UK’s Online Safety Bill seeks to make the country “the safest place in the world to be online” has seen as much upheaval as the nation itself in the last four years. Four prime ministers, one Brexit and one pandemic later, it’s just a matter of time until the bill finally passes the House of Lords and eventually becomes law. Several tech companies including WhatsApp, Signal, and Wikipedia have argued against its age limitation and breach of end-to-end encryption. Will this legislation serve as a model for governments worldwide to regulate online harms? What does it mean for the future of U.S. social media platforms?

Panelists

  • Amy Peikoff, Chief Policy Officer, BitChute
  • Matthew Lesh, Director of Public Policy and Communications at the Institute of Economic Affairs.
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources

Amy Peikoff is Chief Policy Officer for BitChute. She holds a BS in Math/Applied Science and a JD from UCLA, as well as a PhD in Philosophy from University of Southern California, and has focused in her academic work and legal activism on issues related to the proper legal protection of privacy. In 2020, she became Chief Policy Officer for the free speech social media platform, Parler, where she served until Parler was purchased in April 2023.

Matthew Lesh is the Director of Public Policy and Communications at the Institute of Economic Affairs. Matthew often appears on television and radio, is a columnist for London’s CityAM newspaper, and a regular writer for publications such as The TimesThe Telegraph and The Spectator. He is also a Fellow of the Adam Smith Institute and Institute of Public Affairs.

Drew Clark is CEO of Breakfast Media LLC. He has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.

 

 

 

Illustration from the Spectator

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Free Speech

New Tool Measures Economic Impact of Internet Shutdowns

The calculator is being called a ‘major step forward’ for those pushing back against such shutdowns.

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Photo of a protest in Frankfurt, Germany by M K

July 10, 2023 – New measuring tool NetLoss launched by the Internet Society shows the impacts of internet shutdowns on economies including Iraq, Sudan and Pakistan, where government-mandated outages have cost millions of dollars in a matter of hours or days.

NetLoss, launched on June 28, calculated a four-hour shutdown in July in Iraq, implemented by the government to prevent cheating during high school exam season, resulted in an estimated loss of $1.6 million. In May, a shutdown in Pakistan cost more than $13 million over the span of four days, while a five-day internet outage in Sudan in April cost the economy more than $4 million and resulted in the loss of 560 jobs.

NetLoss is unique among other internet assessment tools as it also includes subsequent economic impacts on the unemployment rate, foreign direct investments, and the risk of future shutdowns, claimed the advocacy group Internet Society. It provides data on both ongoing and anticipated shutdowns, drawing from historical dataset of over 90 countries dating back to 2019.

“The calculator is a major step forward for the community of journalists, policymakers, technologists and other stakeholders who are pushing back against the damaging practice of Internet shutdowns,” said Andrew Sullivan, CEO of the Internet Society. “Its groundbreaking and fully transparent methodology will help show governments around the world that shutting down the Internet is never a solution.”

The tool relies on open-access databases, including the Internet Society Pulse’s Shutdown data, the World Bank’s economic indicators, the Armed Conflict Location and Event Data Project’s civil unrest data, Yale University’s election data, and other relevant socioeconomic factors. To stay up to date with real-time changes, the data will be updated quarterly.

According to the press release, internet shutdowns worldwide peaked in 2022 with governments increasingly blocking internet services due to concerns over civil unrest or cybersecurity threats. These disruptions are extremely damaging to the economy, read the document, as they impede online commercial activities and expose companies and the economy to financial and reputational risks.

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