A federal judge has partially blocked a new Texas law by disallowing requirements that social platforms identify minors and filter content for their safety. The Securing Children Online Through Parental Empowerment (SCOPE) Act, signed last year, threatens free speech due to its “monitoring and filtering” requirements the court ruled as the basis for a temporary injunction. Under the law, registered users under 18 will be subject to limited data collection, target advertising bans and parental consent for financial transactions. SCOPE would affect a range of online services, with large social platforms a focus. Continue reading Judge Blocks Sections of a Texas Law Meant to Protect Minors

China’s ByteDance has come out swinging in petition for review against the United States government over the law that would force it to sell TikTok by January 19 or see the app banned in U.S. app stores. The petition challenges the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act that President Biden signed into law on April 24, calling it in the brief “a radical departure from this country’s tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform.” Oral argument is scheduled for September 14. Continue reading ByteDance Opening Brief Claims U.S. Ban is Unconstitutional

A group of TikTok creators has filed a lawsuit with the intent to block a new law that requires ByteDance, the Chinese parent company of the popular social platform, to divest of the app by mid-January or have it banned from U.S. app stores. The eight petitioners claim that banning the app would be a violation of their First Amendment rights. TikTok and ByteDance filed a similar suit last week and is also paying the legal fees for this latest challenge, according to media reports. The creator lawsuit was filed Tuesday in the U.S. Court of Appeals for the District of Columbia Circuit. Continue reading TikTok Creators Sue U.S. Over New Law Forcing Sale or Ban

Short-form video hosting service TikTok and its China-based parent company ByteDance have filed suit against the United States challenging the constitutionality of the law that seeks to force a sale of the popular social media company, or otherwise ban it from use in the United States. The petition seeks to upend the bill President Biden signed into law April 24 as part of a foreign aid package. TikTok faces a ban from U.S. app stores if ByteDance has not been sold to a non-adversarial entity by mid-January 2025. ByteDance has made clear it has no intention of divesting. Continue reading ByteDance Files Suit Against the U.S. Over TikTok Sale or Ban

Florida Governor Ron DeSantis has signed a bill into law preventing children under 14 from creating new social media accounts, and requiring platforms to delete existing accounts, with no opportunity for parental consent. For children 14- to 15-years of age, consent of a parent or guardian is required to create or maintain accounts. Without it, or upon request, the accounts and personal data must be deleted, with fines of up to $50,000 per incident per platform. The law, set to take effect in January 2025, is being called the most restrictive passed by any state and is sure to face First Amendment scrutiny by the courts. Continue reading Florida Enacts the Nation’s Most Restrictive Social Media Law

The House of Representatives has introduced a bill that would make it illegal in the U.S. to distribute TikTok under its current ownership. The Protecting Americans from Foreign Adversary Controlled Applications Act “prevents app store availability or web hosting services in the U.S. for ByteDance-controlled applications, including TikTok, unless the application severs ties to entities like ByteDance that are subject to the control of a foreign adversary,” according to a sponsor statement. Violators would be subject to a penalty of $5,000 for every U.S. user that “accessed, maintained or updated” any “foreign adversary controlled applications” from its platform. Continue reading House Intros a Bill to Penalize App Stores Distributing TikTok

The Supreme Court will hear a case that will assess the constitutionality of controversial state laws governing social media in Texas and Florida. The states enacted their laws in 2021, ostensibly to assure “free speech” was guaranteed on platforms like Facebook and X (formerly known as Twitter). Users who considered their views “conservative” filed suit alleging censorship. Protections offered by Section 230 of the Communications Decency Act impact how government can regulate expression shared by online services and private media companies. Much like broadcast’s Fairness Doctrine, plaintiffs argue there are obligations that come with government warrantees. Continue reading Supreme Court to Assess States’ Social Media Speech Laws

Montana has become the first state to institute an outright ban on TikTok, barring it from operating in the region and prohibiting app stores from providing downloads there. The move is opposed not only by the Chinese-owned TikTok, but by free speech advocacy groups including the American Civil Liberties Union. The ban is set to go into effect January 1, 2024, though legal challenges could delay that implementation. Observers say the inevitable lawsuits fighting the legislation could prove instructive as relates to proposed federal TikTok bans in development in Washington. Continue reading Montana’s TikTok Ban Tees Up First Amendment Legal Battle

Montana law may soon include a total ban on TikTok, as governor Greg Gianforte decides whether to sign a first-of-its-kind prohibition approved by the state’s House of Representatives on Friday. The legislation would also seek to prevent app stores doing business in the state from carrying TikTok. Gianforte will also have the option to veto the proposal, or take no action for 10 days after the bill hits his desk, in which case it becomes law without his signature. Such a ban would likely be challenging to enforce at the state level. Blocking users from TikTok has gained bipartisan support at the federal level, though efforts to pass nationwide legislation have failed. Continue reading Montana Is First State to Send TikTok Ban to Governor’s Desk

TikTok CEO Shou Zi Chew plans to offer broad platform safety and security promises at his hearing before the House Energy and Commerce Committee, according to testimony provided in advance of today’s event. The well-being of child users will be a point of focus, as will the Chinese-owned app’s proposed firewall to protect U.S. data from foreign access and government interference. “TikTok will remain a platform for free expression and will not be manipulated by any government,” Chew’s prepared remarks indicate, noting “there are more than 150 million Americans who love our platform.” Continue reading TikTok CEO Testifies Before Congress as App Faces Scrutiny

A group of film companies are seeking to have Reddit divulge information about users who reportedly promote piracy on its platform. The move is part of a 2021 lawsuit that lists Bodyguard Productions, Millennium Media and others as plaintiffs against the Internet provider then known as RCN, subsequently rebranded Astound, filed in U.S. District Court in New Jersey. The complaint alleges 34 copyrighted films — including “Hellboy” and “The Hitman’s Bodyguard” — were illegally downloaded while RCN turned a blind eye. The producers subpoenaed Reddit for information on nine individuals, including name, IP address and user logs from 2016 to present. Continue reading Film Companies Seeking Info on Reddit Users in Piracy Battle

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

The Supreme Court has blocked a Texas law banning major social media platforms from exercising editorial discretion to remove posts that violate community guidelines. Voting on the unsigned Supreme Court order was 5 to 4. Big Tech lobbying groups NetChoice and the Computer & Communications Industry Association requested the emergency halt. Their application was filed after the U.S. Court of Appeals for the 5th Circuit in May issued a stay that effectively reinstated the law. In December, U.S. District Court Judge Robert Pitman hit pause on the legislation, HB 20, on First Amendment grounds. Continue reading Supreme Court Blocks Texas Law Moderating Social Speech

Senator Michael Bennet (D-Colorado) has introduced a new bill, the Digital Platform Commission Act, which proposes the establishment of a five-person commission to protect consumers in the Big Tech era. This, even as attorneys for groups representing Facebook and Twitter on Friday filed with the U.S. Supreme Court an emergency request to block Texas House Bill 20. The companies argue the law compels social platforms to disseminate propaganda and misinformation, including racist and pro-Nazi screeds. Calling HB 20 “an assault on the First Amendment,” the companies claim its implementation could undo billions in development. Continue reading Legislators Continue Their Scrutiny of Big Tech, Social Media

The European Parliament and EU member states reached agreement Saturday on the proposed Digital Services Act, which aims to hold Big Tech accountable for “illegal and harmful content” and “provide better protection for Internet users and their fundamental rights, as well as define a single set of rules in the internal market.” Calling the DSA “historic, both in terms of speed and of substance,” European Commission President Ursula von der Leyen added, “the greater the size, the greater the responsibilities of online platforms.” Companies like Facebook, YouTube, TikTok and others will be forced to hold the line against dangerous content and misinformation or face stiff fines. Continue reading EU Advances Digital Services Act to Hold Tech Accountable