1. #GonzalezvGoogle: I've dealt internet provider immunity for acts of users under 230 and am familiar with ISIS funders' liability under 2333. I believe that 230 was only intended to protect the ISPs that remain passive. Once they do what is alleged in this case and that sadly
2. has become a market norm the firm loses 230 immunity based on a fair reading of the statute and its Congressional purpose when enacted. In regard to amplification of terrorists on line, IMO 18 USC 2333 applies to any US internet service provider that knowingly or with willful
3. blindness provides support for a terrorist engaged in active kinetic crimes against US nationals who, along with their survivors, are the persons with 2333 standing. When a provider finds an ISIS account its only permitted action is to terminate the account.
4. The challenge in not being careful is due in part to the fundamental flaw in our terrorist listing statute. I believe that the crimes are what we focus on and the listing is simply an element. The crimes are murder, kidnaping and destruction of property. Any US firm
5. that aids the commission of these crimes by amplifying overt acts related to the crimes is not immune under 230 that was meant to protect passive ISPs passthrough contents and not to immunize active participation in the terrorism associated crimes. @uscourts

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More from @TimInHonolulu

Feb 23
1. It appears Jack Smith is seeking testimony for specific things that Pence could have provided but won't. If I'm correct it says Smith doesn't want to delay charging by engaging in a long motions practice to compel his testimony and it also may mean that Pence will be charged.
2. What the call with #45 that Ivanka overheard may have included were words to the effect that Pence agreed to do it and backed out. If Pence said something like, "I changed my mind" he's admitted he was part of the conspiracy. But like the driver in a bank heist
3. who gets cold feet and drives off, until he makes a full and "noisy" withdrawal from the conspiracy he is liable for everything that comes after he drove off and remains fully responsible for all crimes committed before the noisy withdrawal that Pence has never actually done.
Read 4 tweets
Feb 22
1. Other than another terror attack in Kherson killing more civilians the only action of consequence today was the apparent entry of long-range deadly-accurate Ground Launched Small Diameter Bombs (GLSDB) that took out Russian forces preparing to be deployed from near Mariupol. Image
2. GLSDB's reported 93 mile range has put almost all of Russian supply lines at risk of destruction. I found Prigozhin' s clownish pleas for more ammunition today oddly on point because every Russian commander is now likely halting offensive operations to redeploy Image
3. the remaining ordinance before the Ukrainians sniff it out and destroy it. There are few areas of Donetsk and almost nowhere in Luhansk, Zaporizhzhia or Kherson where Russian ammunition fuel and command and control centers, are safe from Ukrainian GLSDB attack.
Read 6 tweets
Feb 22
1. You know who I think has evidence that could convict folks like Gaetz, MTG, Perry, Gosar and Jordan? I doubt they were using secure comms before, during, or after the Jan 6 attack so it's almost certain the GRU/SVR has them committing sedition and now owns them.
2. That's my best guess for why they're so stridently in support of Russia's Ukraine aggression. Knowing that they would engaged in other elicit conduct makes them likely targets for close Kremlin surveillance so when they started plotting with #45 the intercepts were running.
3. I reread the Gates Procedures that control what happens when the IC obtains intelligence about members of Congress. I think there is a good chance that McCarthy has been walled and that's possibly why he's gone rogue with Tucker Carlson who is an active Kremlin asset.
Read 4 tweets
Feb 21
1. I have yet to see the video of the Putin speech. No international press were allowed to be present so reporting is coming from state affiliate propaganda sources. Will wait and see. He announced he will pull out of Start Treaty but that may be just a negotiating ploy.
2. Under sanctions it's unlikely Russia has the industrial and technological capability to meaningfully compete with the US in a nuclear arms race.
3. There is reporting that tomorrow the legislative branch will meet to address something. Speculation ranges and includes something that may impact Belarusian sovereignty that has been the subject of reports for months. Other areas are also possible targets.
Read 4 tweets
Feb 20
1. TASS announced that Putin will deliver his address the them Gostiny Dvor shopping center.
2. Nothing says world power like giving your big address from a shopping mall. An old one at that. Perhaps the only one that hasn't already burned down.
3. I'll be watching to try to determine if is was staged earlier. No mention of Biden in Kyiv might be a tip off.
Read 5 tweets
Feb 17
1. With courts denying Fox et al, motions to dismiss, I looked at the initial complaints filed in Delaware and NYC. The Delaware case filed by Dominion only names Fox News Network, LLC a wholly owned subsidiary of Fox Corporation.
2. The NYC state complaint that looks similar was brought by Smartmatic and names Fox Corporation, Fox News Network LLL, Lou Dobbs, Maria Bartiromo, Jeanine Pirro, Rudy Giuliani and Sidney Powell. I just heard @MichaelSteele say that $1 billion is not a problem for Fox but
3. I think Mr. Steele may not have read the complaints because the actual damages in NYC are "no less than $2.7 billion plus punitive damages. The Delaware case seeks undetermined compensatory damages and lost profit and enterprise value of $1.6 billion plus punitive damages.
Read 6 tweets

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