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

Clearview AI is positioning itself for a major expansion that is already generating major controversy. At a December financial presentation, the New York-based firm reportedly predicted it will have 100 billion facial images in its database by the end of 2022 — or about 14 photos for each of the earth’s 7 billion people. And there is said to have been talk of surveilling gig economy workers, identifying people based on how they walk and remotely scanning fingerprints. While the company’s 34-year-old founder and chief exec Hoan Ton-That is careful to present the firm as a crime-fighting tool, its broader implications are chilling. Continue reading Clearview AI Courts Investors While Facing Privacy Pushback

The High Court of Australia upheld a lower court ruling that found media companies — including newspapers and TV stations — that post on Facebook are liable for Facebook users’ comments on those posts. It stated that, by creating a public Facebook page, media outlets “facilitated and encouraged comments” from users and are responsible for defamatory content. News Corp Australia, a subsidiary of News Corp, and Nine Entertainment, which owns the Sydney Morning Herald, called for legislators to protect them from liability. Continue reading Australian Court Holds Media Firms Liable for User Comments

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

U.S. Supreme Court Justice Clarence Thomas suggested that tech platforms be regulated like utilities, in a concurrence he wrote to a decision to vacate a lower court’s ruling about former President Trump’s Twitter account. “There is a fair argument that some digital platforms are sufficiently akin to common carriers or places of accommodation to be regulated in this manner,” he wrote. Regulating such platforms like utilities could force them to make changes to current moderation policies against hate speech and harassment. Continue reading Justice Thomas Argues Big Tech Be Regulated Like Utilities