On today’s internet, the boundaries of acceptable speech are set by a few massive platforms, including Facebook, Twitter, Instagram, YouTube, and a handful of others. If those companies find something unacceptable, it can’t travel far — a restriction that’s had a massive impact for everyone from copyright violators to sex workers. At the same time, vile content that doesn’t violate platform rules can find shockingly broad audiences, leading to a chilling rise in white nationalism and violent misogyny online. After years of outcry, platforms have grown more willing to ban the worst actors online, but each ban comes with a new political fight, and companies are slow to respond in the best of circumstances. As gleeful disinformation figures like Alex Jones gain power — and the sheer scale of these platforms begins to overwhelm moderation efforts — the problems have only gotten uglier and harder to ignore. At the same time, the hard questions of moderation are only getting harder.
In a brief order, the Fifth Circuit Court of Appeals allowed Texas to move forward with implementing its App Store Accountability Act while the case seeking to block it plays out. It’s an early test of a method that is being considered across several states, and in Congress.
[Bloomberg Law]
A bipartisan group of attorneys general wrote to congressional leaders that passing the House’s KIDS Act — which includes a weakened version of the Kids Online Safety Act (KOSA) — would preempt state laws and “insulate Big Tech from appropriate oversight and accountability and imperil the young people it purports to protect.”
[Tennessee Attorney General’s Office]
A document posted to the federal register shows the administration is considering a new non-disclosure agreement barring government workers from sharing confidential information. It’s unclear what it would actually change, and agencies would have discretion to adopt it. If you’re a federal worker who wants to chat anonymously, I’m on Signal at laurenfeiner.64.
[The Washington Post]
Trump has already dug such a deep hole with his conduct that he’s invented new bolgias even Dante couldn’t have imagined. His latest posting crime is this AI-generated video which shows him throwing Stephen Colbert in a dumpster. The First Amendment is hanging on by a thread thanks to this administration, and, yes, Brendan Carr remains a dummy.
A Brooklyn courthouse unsealed criminal complaints against two men who allegedly posted “thousands” of nonconsensual intimate AI deepfakes, according to the US Attorney’s Office. The Take It Down Act’s criminal prohibitions have been in place for a year, but platforms’ obligation to remove such deepfakes just came into force yesterday.
[U.S. Attorney's Office, Eastern District of New York]
The Federal Trade Commission launched a new website for consumers to report alleged failures to comply with the Take It Down Act, which went into full force today. Critics fear the law will be used to censor online speech, but the website also has resources for domestic violence survivors.
The Take It Down Act is in full force, but it could be a gift to government censors — not victims of image-based sexual abuse.
It joins a handful of other tech companies like Snap and Microsoft in supporting the bill, while major tech groups maintain opposition. The announcement comes as a key Senate committee prepares to move forward on its version of KOSA, after a House committee passed a largely overhauled version.
The Federal Trade Commission reminded more than a dozen companies that it can soon begin enforcing the new mandate for platforms to remove nonconsensual intimate images within 48 hours of a valid request. The provision is one that critics fear could be enforced selectively or used to limit speech.
[Federal Trade Commission]
The push for online child safety is forcing platforms to adopt a narrow set of privacy-encroaching age verification options.
After failing to get details about a user who said “TSA sucks and we all know it,” via a traditional court order, DHS is now dragging Reddit in front of a grand jury. The government has grown increasingly aggressive in its attempts to deal with online critics. Reddit has not said whether it plans to fight the subpoena, but according to The Intercept:
“Privacy is central to how Reddit operates, and we take our commitment to protecting that seriously,” the company said in a statement to The Intercept. “We do not voluntarily share information with any government, especially not on users exercising their rights to criticize the government or plan a protest.”
Twenty-four days after lying his face off to Joe Rogan and whining about government censorship, Zuckerberg “proactively reached out to a senior government official to let him know Meta was already taking action to remove content on behalf of that official’s government operation — including truthful information like the names of public servants working for the federal government.“ Siri, play my leitmotif.
There could be a sticky situation if jurors don’t reach a verdict today on day nine of deliberations, independent journalist Meghann Cuniff reports. One juror is set to leave on a prepaid vacation tomorrow, and the judge hasn’t yet said what would happen if they go before a verdict.
I enjoyed this write-up of the Afroman defamation trial, which, by the way, he won. Mike Masnick cuts to the core: the police think they should be able to do whatever they want, including screwing up, without fear of embarrassment.
“The whole point is to make the cost of accountability so high that people stop trying. But Afroman showed up in an American flag suit and explained, calmly and clearly, that he makes funny songs, that these officers raided his house for no good reason, that they broke his stuff, and that he has every right to talk about it.” I think I’ll watch his videos again to celebrate.
For those of you not familiar, Afroman was raided by the police and then made two music videos (“Will You Help Me Repair My Door“ and ”Lemon Pound Cake”) about it. The officers sued him for using surveillance footage of their raid in the videos. On cross-examination during the trial, Afroman gave a stirring speech on the importance of the First Amendment. He’s also released another video, “Battle Hymn of the Police Whistleblower.”
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Minnesotans who are active in anti-ICE organizing say they’ve spotted drones in their neighborhoods — and in at least one instance, hovering right outside their houses — in recent weeks. The Department of Homeland Security won’t confirm whether the drones are theirs, but ICE has reportedly used license-plate readers and facial recognition technology to surveil activists in Minneapolis.
Jason Lee had this profile killed from an unnamed magazine because he didn’t like being asked a question about Scientology. Defector is publishing it anyway. Are there any cool Gen Xers? Starting to feel like the answer is no.
Federal Trade Commission Chair Andrew Ferguson warned Apple’s news product could violate a law against deceptive business practices if its alleged promotion of some ideological content violates its terms of service. Ferguson doesn’t cite specific terms it might have violated, but urges a “comprehensive review” to ensure they’re consistent.
The Foundation for Individual Rights and Expression (FIRE) is suing Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem for their alleged roles urging Meta and Apple to remove a Facebook group and app documenting ICE agents. FIRE claims they unconstitutionally coerced companies to censor speech. In a statement, DHS Assistant Secretary Tricia McLaughlin accused FIRE of spinning “this correct decision for Apple to remove these apps as them caving to pressure instead of helping prevent further harm to federal officers.”
Update: Added DHS statement.
[The Foundation for Individual Rights and Expression]
