The Supreme Court should review Enigma Software v. Malwarebytes because the tech industry’s content liability protections are critical, the Internet Association said Monday (see 2006120030). Section 230 of the Communications Decency Act “ensures all online platforms can create and enforce codes of conduct and protect their users without fear of liability,” IA interim CEO Jon Berroya said. “It’s a critical time for the Supreme Court to protect online platforms’ ability to give users the tools to control their own online experiences.” IA filed its brief Friday, joining TechFreedom, the Electronic Frontier Foundation, a group of cybersecurity experts and ESET in support of Malwarebytes, which is claiming Section 230 immunity in the case.
Section 230
The FCC should seek public comment on any NTIA petition about Communications Decency Act Section 230 (see 2006040056), said Commissioner Mike O'Rielly. "From there, we can see if there’s something that we should do or should not do" about President Donald Trump’s executive order on 230 and how it applies to social media platforms, said O'Rielly. Also last week, Commissioner Geoffrey Starks asked where's the petition.
It’s unlikely the FTC has motivation or authority to police social media companies for conduct President Donald Trump cited in his executive order (see 2005290058), compliance attorneys said in interviews this week. Some noted that comments from Commissioners Christine Wilson and Rohit Chopra suggest bipartisan interest in examining social media algorithms.
Technology Policy Institute promotes Lindsay Poss to also be director-communications, newly created post; she continues as research analyst ... Squire Patton separates from Trent Lott, ex-Senate Commerce Committee Republican who participated in some telecom issues ... Among summer interns in office of FCC Chairman Ajit Pai is Joe Kane, an ex-R Street Institute tech policy fellow on track to graduate from law school in 2022.
Take a “fresh look at Section 230 of the Communications Decency Act and clearly define the criteria for which companies can receive protections,” four Senate Republicans wrote the FCC Tuesday. The letter, from Sens. Marco Rubio, Fla.; Kelly Loeffler, Ga.; Josh Hawley, Mo.; and Kevin Cramer, N.D., cites “recent troubling activities by social media companies, including partisan attempts to silence political speech and efforts to silence critics of the Chinese Communist Party.” President Donald Trump's executive order (see 2006040056) directs NTIA to petition the FCC for a rulemaking to clarify the scope of Section 230. The FCC didn’t comment.
The FCC may wait a bit before taking up any NTIA petition for rulemaking to clarify the scope of the tech industry’s liability shield (see 2005290058), observers predicted in interviews this week. The Association of National Advertisers said it’s ready to defend marketers’ interests if threatened. A tech industry representative and academics told us President Donald Trump’s executive order last week sets a dangerous precedent and could compromise independent agencies.
FCC Chairman Ajit Pai questioned Twitter’s policies, as the platform for a second day flagged President Donald Trump’s tweets (see 2005280060). Pai asked Friday whether tweets from Iran Supreme Leader Ali Khamenei violate platform rules about glorifying violence, rules that Twitter cited in flagging Trump.
President Donald Trump signed an executive order Thursday that would remove liability protections for online platforms that censure or edit content (see 2005270016). There would be a role for antitrust agencies and the FCC, whose commissioners reacted along party lines to the EO. “We’re here today to defend free speech from one of the greatest dangers,” Trump said, claiming tech monopolies have “unchecked power” to censor and restrict human interaction.
The House Homeland Security Committee will focus more on encryption and locked phones, House Intelligence and Counterterrorism Subcommittee Chairman Max Rose, D-N.Y., said Wednesday. During a subcommittee webcast, he said he doesn’t “love” the idea of terrorists communicating through encrypted platforms and police not having immediate access to such an alleged criminal's phone after an attack.
Facebook should take a hands-off approach to content moderation, FCC Commissioner Brendan Carr told us in arguing the company's new oversight board injects political bias and lets the platform avoid responsibility. Carr criticized the board in a series of tweets, calling it Facebook "speech police" and arguing most members have left-leaning bias. Facebook and several board members didn’t comment Tuesday.