ASPEN, Colo. -- Heightened policymaker and public scrutiny of the tech industry doesn't amount to a full-scale backlash, panelists generally agreed (see page 2). That may change as skepticism increases, one tech critic told a Technology Policy Institute audience. Since potential antitrust changes to perceived tech problems could take many years, if not a decade-plus, don't look for remedies there, TPI was told Monday.
Section 230
Beto O’Rourke supports amending the tech industry’s content liability shield to combat online hate speech and related violence, the Democratic presidential candidate said in a plan released Friday. He envisions amending Section 230 of the Communications Decency Act to “remove legal immunity from lawsuits for large social media platforms that fail to change their terms of service” or implement systems designed to remove hateful content. Large platforms would be required to adopt terms of service banning content that incites or engages in “violence, intimidation, harassment, threats, or defamation targeting an individual or group based on their actual or perceived race, color, religion, national origin, ethnicity, immigration status, gender, gender identity, sexual orientation or disability.” O’Rourke targets the right problems, said Free Press Action Senior Policy Counsel Carmen Scurato, but his vague proposal could weaken Section 230 and impair platforms’ ability to moderate. The campaign didn’t comment.
Social media companies should continue addressing violent online extremism and helping at-risk individuals without compromising free speech, a White House spokesperson said Friday. The comments came after a White House staff-led meeting between senior administration officials and company representatives (see 1908080051). The conversation focused on “how technology can be leveraged to identify potential threats, to provide help to individuals exhibiting potentially violent behavior, and to combat domestic terror,” the official said. “We urge internet and social media companies to continue their efforts in addressing violent extremism and helping individuals at risk, and to do so without compromising free speech.” Meanwhile, industry advocates blasted a summary of a draft executive order reported by CNN that apparently envisions directing the FCC and the FTC to address political censorship on social media. President Donald Trump in July directed his administration to explore all regulatory and legislative methods “to protect free speech” and constitutional rights (see 1907110066). The White House in May solicited evidence of anti-conservative bias by tech platforms (see 1905200036). The contemplated executive order “would transform the FCC and FTC from consumer protection agencies into regulators of online speech,” said TechFreedom President Berin Szoka. “Ironically, the same people screaming about ‘censorship’ by private companies would empower regulators to decide what kinds of online speech should and shouldn’t be taken down.” The White House shouldn’t hamstring efforts to curb online extremism “with politically motivated and likely unconstitutional executive orders about viewpoint neutrality,” said Computer & Communications Industry Association CEO Ed Black. The reported draft order is troubling on several levels, said Public Knowledge CEO Chris Lewis. He cited First Amendment violations, a disregard for the independence of federal agencies and an apparent attempt to unilaterally limit Section 230 of the Communications Decency Act. “In the past we have had a bipartisan consensus from FTC and FCC commissioners that they are not interested in regulating speech or content on the internet,” he said. The president can’t unilaterally change Section 230, Center for Democracy & Technology Free Expression Project Director Emma Llanso said: “There is no legal requirement that social media companies apply any sort of ‘neutrality’ when they decide to remove content.”
NBC Universal Television Alternative Studio names Toby Gorman, ex-Magical Elves, president ... President Donald Trump appoints National Counterterrorism Center Director Joseph Maguire acting director-national intelligence (see this section, July 30); Deputy DNI Sue Gordon resigning ... Digital Entertainment Group elects to board for terms expiring July: Erol Kalafat, Amazon Studios; Pedro Gutierrez, Microsoft; and Cheryl Goodman, Sony Electronics.
U.S. Trade Representative Robert Lighthizer shouldn’t include certain copyright infringement liability protections for online platforms in trade deals, the Free State Foundation blogged Thursday. FSF cited the “ineffective” Section 512 of the Digital Millennium Copyright Act covering a notice and takedown process for when online service providers receive limited liability protection for hosting infringing content and activity. “Congress needs to reexamine Section 512 as a matter of modernizing U.S. domestic law to reduce illegal copyright infringement,” before including it in trade deals, wrote FSF. It cited a similar request for Section 230 of the Communications Decency Act from the House Commerce Committee (see 1908060064).
U.S. Trade Representative Robert Lighthizer shouldn’t include Section 230-like protections in trade deals, given ongoing policy discussions about the tech industry's liability shield, House Commerce Committee Chairman Frank Pallone, D-N.J., and ranking member Greg Walden, R-Ore., wrote Tuesday.
Weakening Silicon Valley’s content liability protections potentially discourages platform moderation and emboldens extremists on unfiltered websites like 8chan, said progressive and libertarian tech observers Monday. Public Knowledge CEO Chris Lewis and TechFreedom President Berin Szoka warned government against intervening in speech moderation, discussing 8chan's role in the weekend’s mass shootings.
House Communications Subcommittee Chairman Mike Doyle, D-Pa., again (see 1905150061) criticized the C-Band Alliance's proposal for clearing spectrum in 3.7-4.2 GHz, saying during a Thursday House Commerce Committee hearing it could disrupt the opportunity for using proceeds from sales of the spectrum to pay for rural broadband deployment. Several tech and telecom policy topics came up during Thursday's hearing on the policy priorities of lawmakers who aren't its members. Rep. Ed Case, D-Hawaii, urged House Commerce to probe the tech sector's Communications Decency Act Section 230 liability shield and make further CDA changes.
A Senate Judiciary Committee task force led by Sen. Marsha Blackburn, R-Tenn., discussed privacy with Salesforce, Snap, Mozilla and Match representatives, a Blackburn aide confirmed Thursday. Blackburn will co-chair the task force with ranking member Dianne Feinstein, D-Calif., the aide said. There’s no end date for the group’s efforts, given ongoing issues for the tech industry, and members hope to meet again before the August recess, the aide said. Blackburn, Feinstein, Sen. Chris Coons, D-Del., and Sen. Richard Blumenthal, D-Conn., attended Thursday’s gathering with about 50 people, said the aide. Discussing the need for a new federal privacy law is “a good spot to start,” Blackburn told us, noting the task force is open to all committee members. Blackburn said on the Senate floor that the group will also explore antitrust, competition and any other issues that arise. She urged backing for her Browser Act (see 1904110052). Sen. Josh Hawley, R-Mo., told us his office is interested in participating. “I’m glad there is increasing interest,” he said. “I hope we will be moving toward some actual legislation.” Speaking on the Senate floor, Senate Majority Whip John Thune, R-S.D., reaffirmed his commitment to reaching bipartisan, federal privacy legislation that sets one standard across the U.S. Hawley noted there have been public calls to re-examine the tech industry’s content liability shield from Blumenthal and Sens. Lindsey Graham, R-S.C.; Mazie Hirono, D-Hawaii; and Ted Cruz, R-Texas, since he introduced legislation aimed at Section 230 of the Communications Decency Act.
It’s not legitimate to claim Silicon Valley is biased against conservatives, Rep. Ro Khanna, D-Calif., said in an interview on C-SPAN's The Communicators set to have been televised this weekend. President Donald Trump offered anecdotal evidence of social media’s anti-conservative bias at a White House summit Thursday (see 1907110066).