However was the intercourse viewpoint-neutral?

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This week’s Cyberlaw Podcast covers efforts to get the Supreme Courtroom to overturn the Texas law that treats social media platforms like common carriers and prohibits them from discriminating primarily based on viewpoint once they take posts down. I predict that the Courtroom will not override the appellate determination staying an unpersuasive district courtroom opinion. Mark MacCarthy and I each suppose that the transparency necessities within the Texas regulation are defensible, however Mark questions whether or not viewpoint neutrality is sufficiently exact for a regulation that trenches on the platforms’ free speech rights. I cite a narrative that most likely tells us extra about content material moderation in actual life than ten Supreme Courtroom amicus briefs – the tale of an OnlyFans performer who obtained her Instagram account restored by utilizing various dispute decision on Instagram employees: “We met up and like I f***ed a few them and I used to be in a position to get my account again like two or thrice,” she stated. Actually, that explains a lot.

In the meantime, Jane Bambauer unpacks the Justice Division’s new policy for charging cases under the Computer Fraud and Abuse Act. It is a usually smart extension of some positions the Division has taken within the Supreme Courtroom, together with refusing to prosecute good religion safety analysis or to permit firms to create felonies by writing use restrictions into their phrases of service. Until additionally they write these restrictions into stop and desist letters, I level out. Weirdly, the Justice Division will treat violations of such letters as potential felonies.

Mark provides a rundown of the brand new, Democrat-dominated Federal Commerce Fee’s first coverage announcement – a surprisingly uncontroversial warning that the fee will pursue academic tech firms for violations of the Kids’s’ On-line Privateness Safety Act.

Maury Shenk explains the latest United Kingdom Legal professional Basic speech on international law and cyber conflict.

Mark celebrates the demise of Division of Homeland Safety’s broadly unlamented Disinformation Governance Board.

Ought to we be shocked when regulation enforcement officers create pretend accounts to analyze crime on social media?  The Intercept is, after all. Maybe equally predictably, I am not. Jane affords some causes to be cautious – and remarks on the irony that the identical individuals who don’t desire the police on social media most likely resonate to the New York Legal professional Basic’s declare that she’ll investigate social media companies, apparently for not responding like cops to the Buffalo taking pictures.

Is it “recreation over” for humans worried about Artificial Intelligence (AI) competition? Maury explains how Google Deep Thoughts’s new generalist AI works and why we could have a couple of years left.

Jane and I handle to disagree about whether or not federal security regulators must be investigating Tesla’s fatal autopilot accidents. Jane has logic and statistics on her facet, so I resort to emotion and name-calling.

Lastly, Maury and I puzzle over why Western readers must be shocked (as we’re clearly meant to be) by China’s requiring that social media posts include the poster’s location or by India’s insistence on a “know your customer” rule for cloud service suppliers and VPN operators.

Download the 408th Episode (mp3)

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