The New York legislature passed a bill prohibiting social media companies from providing children with so-called “addictive feeds” without parental consent. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act specifies addictive feeds as those that prioritize exposure to content (using a recommendation engine, or other means) based on information collected about the user or device. “Non-addictive feeds,” in which the algorithm serves content in chronological order, are still permitted under the bill, which New York Governor Kathy Hochul has vowed to sign into law. Continue reading New York Lawmakers Aim to Make Social Feeds Safe for Kids

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

The Senate has cleared two children’s online safety bills despite pushback from civil liberties groups that say the digital surveillance used to monitor behavior will result in an Internet less safe for kids. The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) are intended to address a mental health crisis experts blame in large part on social media, but critics say the bills could cause more harm than good by forcing social media firms to collect more user data as part of enforcement. The bills — which cleared the Senate Commerce Committee by unanimous vote — are also said to reduce access to encrypted services. Continue reading Government Advances Online Safety Legislation for Children

A bill passed by the Louisiana State Legislature that bans minors from creating social media accounts without parental consent is the latest in a string of legal measures that take aim at the online world to combat a perceived mental health crisis among America’s youth. Utah also recently passed a law requiring consent of a parent or guardian when anyone under 18 wants to create a social account. And California now mandates some sites default to the highest privacy for minor accounts. The Louisiana legislation stands out as extremely restrictive, encompassing multiplayer games and video-sharing apps. Continue reading Louisiana Approves Parental Consent Bill for Online Accounts

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

Federal Trade Commission chair Lina Khan says it’s time for the FTC and Congress to deliver on consumer privacy protection, legislating to ensure that consumers don’t have to surrender personal data in order to enjoy online tools that are essential to everyday life. Speaking Monday at the IAPP Global Privacy Summit 2022 in Washington, D.C., Khan emphasized creating “substantive limits rather than just procedural protections” when it comes to personal data. Meanwhile, Big Tech did its own lobbying on behalf of consumer privacy. Continue reading FTC Chair Khan Calls for Privacy Rules and Data Limitations

There are signs a Big Tech backlash could have sweeping ramifications in U.S., Europe, Australia and elsewhere, rewriting the rules for how major technology companies deal with everything from startups to artificial intelligence. Foes of the tech titans may even be leveraging the mood of general hostility toward antitrust tactics exhibited by lawmakers around the globe by seizing the moment to press for changes in the regulation of transatlantic data flows, digital advertising, and self-dealing in addition to new rules circumscribing facial recognition and use of consumer data. Silicon Valley is said to be taking the threat seriously. Continue reading Regulatory Fervor Has Worldwide Reverberations for Big Tech

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

Florida Governor Ron DeSantis urged lawmakers to pass Florida Senate Bill 7072 to make it easier for the state’s election commission to fine social media companies from $25,000 to $250,000 for banning political candidates during election season. The law passed, but hours before it was slated to take effect District Court Judge Robert Hinkle issued a preliminary injunction against it, noting that plaintiffs NetChoice and the Computer and Communications Industry Association (CCIA) will likely prevail in their effort to have the law declared unconstitutional. Continue reading Federal Judge Blocks Florida Law That Restricts Social Media

The Justice Department sent Congress draft legislation to weaken Section 230 of the Communications Decency Act, leaving Facebook, YouTube and other social media platforms vulnerable to legal action for content posted by users. The proposed changes would create liability for platforms that allow “known criminal content” to remain once they are aware of it. President Trump claims that social media companies are biased against conservatives. The platforms have not been protected against some civil suits. Continue reading Proposed Legislation Would Weaken Shields for Social Media

The Justice Department recommended, in a 25-page report, that lawmakers repeal portions of Section 230 of the Communications Decency Act of 1996, which has given website operators broad immunity for what people post on their services. The proposed repeal would take away that immunity, forcing social media platforms and similar sites to be responsible for the videos, words, images posted by their users, while assuring that their moderation is consistent. The DOJ’s recommendation will have to be enacted by Congress. Continue reading DOJ Favors Withdrawing Section 230’s Immunity for Big Tech

In March, South Dakota passed a new law requiring many out-of-state online and catalog retailers to collect the state’s sales tax, a challenge to a 1992 U.S. Supreme Court ruling on Quill v. North Dakota prohibiting states from doing exactly this. The regulation has already resulted in several lawsuits. If the law is not overturned, other states are likely to follow suit, levying similar Internet sales tax rules. The implications would be enormous if numerous states adopt these rules, likely forcing audits and new tax rules in thousands of jurisdictions across the nation. Continue reading South Dakota’s New Internet Sales Tax Law Spurs Lawsuits