Elizabeth Goitein Profile picture
May 28, 2020 6 tweets 1 min read Read on X
It would be a mistake to go straight to the question of whether the policy articulated in the president’s draft executive order, which sets out to limit immunity for social media platforms that restrict access to content, is the right one. 1/6
That debate is important, but Congress has already weighed in and provided broad immunity. It passed a law. Some members want to change that law, but so far, they haven’t been successful in convincing a majority of Congress to go along. 2/6
The president is trying to short-circuit the legislative process and change the law… through executive order. That’s not how it works, folks. And couching it as a request for the FCC to issue “clarifying” regulations doesn’t change what the president’s trying to do here. 3/6
The courts have already clarified what the law means. That’s *their* job in our constitutional system. The president’s job is to faithfully execute the law as interpreted by the courts—which looks nothing like the “clarification” proposed in his executive order. 4/6
Of course, faithfully executing the law isn’t Trump’s jam. He wants to be all three branches of government: the executive, the legislature, and the courts. That’s the very definition of tyranny, which is why the separation of powers is the bedrock of the Constitution. 5/6
So let’s have a debate over the role of social media platforms in our society and whether Congress got it right. But first, let’s condemn the president’s executive order for what it is: a blatant attempt to bypass Congress and amend legislation by presidential fiat. 6/6

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More from @LizaGoitein

Jul 17
URGENT: Please call Senator Graham’s office (202-224-5972) *today* and demand that Section 1202 of the intelligence authorization bill, which will rein in a truly terrifying surveillance authority, be KEPT IN the bill. 1/17
When Congress reauthorized Section 702 in April, it included what @RonWyden called “one of the most dramatic and terrifying expansions of government surveillance authority in history.” I wrote about that expansion here: 2/17 thehill.com/opinion/techno…
Before this expansion, Section 702 allowed the government to compel “electronic communications service providers” (e.g., Verizon or Google) to assist with surveillance, generally by turning over a foreign target’s communications. 3/17
Read 17 tweets
Apr 20
It’s over (for now). A majority of senators caved to the fearmongering and bush league tactics of the administration and surveillance hawks in Congress, and they sold out Americans’ civil liberties. Section 702 has been reauthorized, not just without any meaningful reforms… 1/10
…but with “one of the most dramatic and terrifying expansions of government surveillance authority in history,” as @RonWyden aptly described it. It is nothing short of mind-boggling that 58 senators voted to keep this Orwellian power in the bill. 2/10
The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals. It’s a gift to any president who may wish to spy on political enemies, journalists, ideological opponents, etc. 3/10
Read 10 tweets
Apr 19
THANK YOU to the *thousands* of you who have made calls—WE NEED TO KEEP THEM COMING! Call 202-899-8938 to be connected to your Senators & urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to act as NSA spies. 1/6
The administration and intelligence officials will put ENORMOUS pressure on Senators today to just swallow this terrible bill, because otherwise Section 702 will lapse at the end of the day. We need to make sure they’re feeling just as much pressure FROM US. 2/6
As I pointed out yesterday, the April 19 deadline isn’t real. The FISA Court has already approved Section 702 surveillance until April 2025, and there’s a “grandfathering” provision in the law for such approvals. 3/6 nytimes.com/2024/04/18/us/…
Read 6 tweets
Apr 18
THERE WILL BE SENATE VOTES ON SECTION 702 TODAY. Please call this number (202-899-8938) ASAP to be connected to your Senators and urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/9
For more background on this provision, see my op-ed in the Hill yesterday…2/9 thehill.com/opinion/techno…
…or my tweet thread from Monday… 3/9
Read 9 tweets
Apr 16
URGENT: PLEASE KEEP THE CALLS COMING! Call this number (202-899-8938) ASAP to be connected to your Senators and urge them NOT to pass RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/12
For more background on this provision, see my tweet thread from yesterday. The top line is that it would allow the NSA to compel a huge range of U.S. business and individuals to serve as surrogate spies. 2/12
You can also read more about this provision—and how the government wrote the language incredibly broadly to disguise the specific thing they were trying to get at—in this story in today’s @nytimes. 3/12 nytimes.com/2024/04/16/us/…
Read 12 tweets
Apr 15
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 act.demandprogress.org/call/no-on-sec…
Buried in the Section 702 reauthorization bill (RISAA) passed by the House on Friday is the biggest expansion of domestic surveillance since the Patriot Act. Senator Wyden calls this power “terrifying,” and he’s right. 2/25
I’ll explain how this new power works. Under current law, the government can compel “electronic communications service providers” that have direct access to communications to assist the NSA in conducting Section 702 surveillance. 3/25
Read 25 tweets

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