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 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

The European Union’s implementation of the Digital Services Act (DSA) and the Digital Markets Act (DMA) is poised to trigger worldwide changes on familiar platforms like Google, Instagram, Wikipedia and YouTube. The DSA addresses consumer safety while the DMA deals with antitrust issues. Proponents say the new laws will help end the era of self-regulating tech companies. Although as in the U.S., the DSA makes clear that platforms aren’t liable for illegal user-generated content. Unlike U.S. law, the DSA does allow users to sue when tech firms are made aware of harmful content but fail to remove it. Continue reading Changes Ahead for Big Tech When EU Regulations Enforced

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

Senator Jacky Rosen (D-Nevada), a former computer programmer, brought Senator Mark Warner (D-Virginia) and Ben Ray Luján (D-New Mexico) to the CES stage to talk about their top technology interests in the new year. All of them serve on committees with core interests in the future of technology. In addition to serving on six committees, Rosen is on the subcommittee on cybersecurity; Warner is chair of the Senate Select Committee on Intelligence among other committee assignments; and Luján is a member of the Committee on Commerce, Science and Transportation among others. Continue reading CES: Federal Tech and Innovation Priorities for the New Year

President Biden welcomed guests to the White House last week for the inaugural United We Stand Summit, an event to combat hate speech and violence. “There are core values that should bring us together as Americans, and one of them is standing together against hate, racism, bigotry, and violence that have long haunted and plagued our nation,” Biden told the bipartisan group. Participants gave the president a standing ovation when he specified that he will work to “hold social media companies accountable for spreading hate.” “I’m calling on Congress to get rid of special immunity for social media companies and impose much stronger transparency requirements,” Biden said. Continue reading Biden Calls on Congress to Cease Immunity for Social Media

With efforts to fill the vacant FCC seat and tilt the commission back to a Democratic majority, the Senate is poised to try an alternate path to realizing the party’s longtime goal of restoring net neutrality rules. Championed by Senators Ed Markey (D-Massachusetts) and Ron Wyden (D-Oregon), the Net Neutrality and Broadband Justice Act proposes to reclassify broadband as a telecommunications service, which would open up companies including AT&T and Verizon to stricter FCC oversight. Internet service providers would be prevented from blocking or throttling content, while pricing and privacy would also receive scrutiny. Continue reading Proposed Legislation Drafted to Restore Net Neutrality Rules

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. Senate has introduced the bipartisan Platform Accountability and Transparency Act (PATA), which if passed into law would allow independent researchers to sue Big Tech for failing to provide requested data. The move follows last week’s Instagram hearing, where leaked internal research suggested the platform’s negative effects on the mental health of teens. On December 6, an international coalition of more than 300 scientists sent an open letter to Mark Zuckerberg — CEO of Meta Platforms, the company that owns Instagram and Facebook — requesting the social behemoth voluntarily share research. Continue reading Senate Wants Social Firms to Pay for Holding Back Research

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