April 14, 2024

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Advocacy. Mediation. Success.

But was the sex viewpoint-neutral?

This week’s Cyberlaw Podcast addresses efforts to get the Supreme Court docket to overturn the Texas legislation that treats social media platforms like frequent carriers and prohibits them from discriminating primarily based on viewpoint when they choose posts down. I forecast that the Courtroom won’t override the appellate determination remaining an unpersuasive district court docket feeling. Mark MacCarthy and I both equally imagine that the transparency needs in the Texas law are defensible, but Mark queries whether viewpoint neutrality is adequately specific for a regulation that trenches on the platforms’ cost-free speech legal rights. I cite a tale that likely tells us far more about material moderation in true daily life than ten Supreme Courtroom amicus briefs – the tale of an OnlyFans performer who obtained her Instagram account restored by utilizing alternative dispute resolution on Instagram team: “We met up and like I f***ed a pair of them and I was equipped to get my account back again like two or 3 instances,” she mentioned. Truly, that clarifies so substantially.

Meanwhile, Jane Bambauer unpacks the Justice Department’s new policy for charging cases beneath the Laptop or computer Fraud and Abuse Act. It’s a generally wise extension of some positions the Division has taken in the Supreme Court, together with refusing to prosecute excellent religion security research or to allow for businesses to make felonies by creating use constraints into their terms of company. Unless they also compose all those constraints into cease and desist letters, I issue out. Weirdly, the Justice Section will treat violations of this kind of letters as probable felonies.

Mark presents a rundown of the new, Democrat-dominated Federal Trade Commission’s very first coverage announcement – a surprisingly uncontroversial warning that the commission will go after educational tech providers for violations of the Children’s’ On the internet Privacy Security Act.

Maury Shenk points out the recent United Kingdom Attorney Typical speech on international law and cyber conflict.

Mark celebrates the demise of Section of Homeland Security’s widely unlamented Disinformation Governance Board.

Should we be stunned when regulation enforcement officials develop fake accounts to investigate crime on social media?  The Intercept is, of course. Maybe similarly predictably, I am not. Jane presents some motives to be careful – and remarks on the irony that the identical people today who never want the law enforcement on social media probably resonate to the New York Legal professional General’s claim that she’ll investigate social media providers, apparently for not responding like cops to the Buffalo shooting.

Is it “match above” for humans worried about Synthetic Intelligence (AI) competitiveness? Maury clarifies how Google Deep Mind’s new generalist AI works and why we may perhaps have a couple several years left.

Jane and I deal with to disagree about no matter if federal safety regulators really should be investigating Tesla’s fatal autopilot mishaps. Jane has logic and stats on her aspect, so I vacation resort to emotion and title-contacting.

Finally, Maury and I puzzle more than why Western audience ought to be shocked (as we’re evidently 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 purchaser” rule for cloud provider companies and VPN operators.

Obtain the 408th Episode (mp3)

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The sights expressed in this podcast are all those of the speakers and do not reflect the viewpoints of their institutions, clientele, mates, family members, or animals.

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