The U.S. Supreme Court opted to uphold the status quo as concerns Section 230 of the Communications Decency Act, opting in two separate cases not to strike down as unconstitutional the statutory provision that shield social media platforms from liability for user posts. The rulings, which involved Google, Twitter and Facebook, were greeted with relief by Big Tech. Although Congress has been vocal about paring back Section 230, a change in the law would be far less disruptive than the seismic aftershocks that would inevitably have been triggered by a reversal. Continue reading Supreme Court Sides with Social Media Platforms on Liability

A new government agency that licenses artificial intelligence above a certain capability, regular testing, and independent audits were some of the ideas to spring from a three-hour Senate judiciary subcommittee hearing to explore ways in which the government might regulate the nascent field. OpenAI co-founder and CEO Sam Altman advocated for all of the above, stressing the need for external validation by independent experts, strict cybersecurity, and a “whole of society approach” to combatting disinformation. While Altman emphasized AI’s advantages, he warned “if this technology goes wrong, it can go quite wrong.” Continue reading Politicians and Tech Leaders Gather to Discuss Regulating AI

Utah has become the first state to pass laws requiring social media platforms to obtain age verification before users can register. The law is designed to force social networks to enforce parental consent provisions. As of March 2024, companies including Facebook, Instagram, Snap, TikTok and Twitter will be required to secure proof of age for Utah users via a valid ID instead of just letting people type in their birth date at sign-up. While Utah is out front on the issue, nine other states have proposed legislation that includes age checks, most recently Arkansas. Continue reading Utah’s Social Media Law Requires Age Verification for Minors

The Federal Trade Commission is cracking down on fraudulent tech advertising, which escalated substantially during the COVID-19 pandemic, issuing orders to eight social media and video streaming platforms seeking information on commercial practices that are deceptive or expose consumers to false health-care products, financial scams and counterfeit or fake goods. The action compels services including Meta Platforms’ Instagram, Alphabet’s YouTube, ByteDance’s TikTok and Amazon’s Twitch to provide answers in 45 days so the FTC can analyze their practices. In addition to fact-finding, the order is intended to pressure the companies to self-regulate. Continue reading FTC Demands Info from Tech Firms in Fight Against Ad Fraud

Bipartisan support is growing in the Senate for changes to Section 230, the part of the Communications Decency Act that grants federal immunity to social media platforms and other tech giants for content users post on their sites. At a combative Senate Judiciary Committee hearing Wednesday, lawmakers from both parties called for gutting major provisions of the legal liability shield, on which Big Tech has come to rely. Senators accused tech firms of putting profits over user safety and slammed the U.S. Supreme Court, which appeared to approach the matter with caution last month in Gonzalez v. Google. Continue reading Senate Message to Big Tech Is Expect Reform to Section 230

The Supreme Court of the United States has delayed its decision in a request to hear three cases that would test the constitutionality of Texas and Florida laws that propose to allow lawsuits on the basis of political censorship by online platforms. Although the cases would not be heard until the court’s next session, which extends into 2024, the laws remain blocked in the interim. Rather than deciding outright whether it will grant certiorari, SCOTUS on Monday asked the Justice Department to file the Biden administration’s position, forestalling immediate deliberations. Continue reading Supreme Court Asks DOJ to Weigh In on Online Speech Laws

TikTok is facing blowback for lax advertising disclosures. While the platform offers various ways to identify paid promotion, its marketing policies appear to operate on an honor system, and while some creators label their posts as advertising or partnerships, many do not. Where a financial relationship exists with regard to products mentioned, the truth in advertising rules enforced by the Federal Trade Commission and state attorneys general require media partners to disclose that funds will change hands. As part of a renewed national interest in digital consumer protections, particularly related to child safety, the area is getting increased scrutiny. Continue reading TikTok Draws Criticism for Undisclosed Sponsored Content

Former President Barack Obama sounded a warning against unregulated Big Tech in a speech last week at Stanford University near Palo Alto, California. Cautioning that the power of social media giants to curate information has “turbocharged” political polarization, Obama said the imbalance of power threatened the very pillars of global democracy itself. “Tech companies need to be more transparent about how they operate,” Obama said. “So much of the conversation around disinformation is focused on what people post. The bigger issue is what content these platforms promote.”  Continue reading Obama Takes Up Mantle of Social Media Regulatory Oversight

The U.S. House of Representatives is signaling intent to proceed with legislation to scale back the Section 230 liability shield for Big Tech. The move follows a frontal assault on Australia’s version of the law by the Parliament and global saber-rattling against protections that prevent social platforms being held legally accountable for user-posted content that harms others. At a Wednesday hearing on various Section 230 bills, House Energy and Commerce Committee chairman Frank Pallone (D-New Jersey) said that while the protections were vital to Internet growth, they have resulted in anti-social behavior. Continue reading Government Questions Liability Shield Offered by Section 230

U.S. lawmakers agitated by the recent testimony of Facebook whistleblower Frances Haugen and related media reports are homing in on the social network’s News Feed algorithm as ripe for regulation, although First Amendment questions loom. The past year has seen Congress introduce or reintroduce no fewer than five bills that expressly focus on software coding that decides who sees what content on social media platforms. In addition to the U.S., laws advancing the idea of regulating such algorithms are gaining momentum in the European Union, Britain and China. Continue reading Lawmakers See Solution in Regulating Facebook’s Algorithm

Facebook whistleblower Frances Haugen’s Senate testimony Tuesday appears to have fueled congressional desire to pass new regulations on Big Tech. At a hearing titled “Protecting Kids Online,” the inquiry expanded well beyond teens’ mental health, ranging from obsequious algorithms to Chinese surveillance of Uyghur populations, COVID-19 vaccine disinformation and speech leading to January’s Capitol insurrection. Calling Facebook “morally bankrupt,” Senator Richard Blumenthal (D-Connecticut) said “Big Tech is facing its Big Tobacco moment,” and urged Facebook CEO Mark Zuckerberg to testify. Continue reading Facebook Whistleblower Fuels Interest in Tougher Tech Laws

Public Citizen, Color of Change and the Center for Digital Democracy are three of the 16 public interest groups that sent a letter to President Joe Biden warning that liability protections for Internet companies in trade agreements will cripple efforts to hold such companies accountable for user content. At the American Economic Liberties Project, which also signed the letter, policy director Morgan Harper said that such a ratified trade deal could confirm and propagate controversial legal protections for Internet companies. Continue reading Coalition Says No to Internet Company Shields in Trade Deals

Florida just passed a new law, signed by Governor Ron DeSantis, that makes it illegal for Facebook, YouTube, Twitter and other social media platforms to permanently bar political candidates from their sites. The law, which was crafted in response to Facebook’s and Twitter’s ban of former President Donald Trump in January, will impose a $250,000 per day fine. The law also makes it illegal to prevent posts in response to stories on their platforms. The law will likely face a constitutional challenge in the courts. Continue reading Florida Passes Legislation to Restrict Social Media Platforms

The Senate Judiciary Committee’s panel on Privacy, Technology and the Law pressed executives from Google’s YouTube, Facebook, and Twitter this week on how user content is shared via algorithms that can be misused. The top Republican on the panel, Senator Ben Sasse (R-Nebraska) stated that the use of such algorithms are “driving us into poisonous echo chambers.” Congress is currently considering the fate of Section 230 of the 1996 Communications Decency Act, which protects platforms from liability for what their users post. Continue reading Senate Judiciary Committee Grills Tech Execs on Algorithms

Prior to a House hearing on social media’s role in extremism and disinformation, Facebook chief executive Mark Zuckerberg submitted written testimony on Section 230, suggesting that “platforms should be required to demonstrate that they have systems in place for identifying unlawful content and removing it.” Section 230 of the 1996 Communications Decency Act holds that platforms are not liable for content posted by their users. In a bipartisan effort, lawmakers are pushing for change. “Our nation is drowning in disinformation driven by social media,” suggested Rep. Mike Doyle (D-Pennsylvania). “We will legislate to stop this.” Continue reading Congress Grills Big Tech Executives on Accountability Issues