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Mar 6 • 4 tweets • 2 min read
"all policy is technology policy" @amac46 kicking off #SOTN2023
.@DavidsonNTIA focused primarily on closing the digital divide. #SOTN
@DavidsonNTIA "federal privacy legislation is the right way to go....we will ultimately support legislation as it comes along."
.@DavidsonNTIA "the Internet has become the essential communication medium of our time"

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More from @jess_miers

Jess Miers 🦝 Profile picture
Mar 7
ICYMI Texas' latest compelled-birth bill (HB 2690) enables private claimants to target websites that aid / abet abortions.

This only further raises the stakes for Twitter v. Taamneh; a case that will consider whether Twitter aided / abetted terrorism under the ATA. Image
How could this play out?

If SCOTUS holds that Twitter--in merely providing access to its service and enforcing its community guidelines against terrorist content--aided / abetted terrorism, the same can be said for *any* website that happens to host abortion related content.
Think about Facebook groups, subreddits, discord servers, group chats, etc., dedicated to providing a safe space for discussions about abortion resources.

All could be at risk for "aiding o abetting" abortion "crimes" under this law:
capitol.texas.gov/tlodocs/88R/bi…
Read 7 tweets
Jess Miers 🦝 Profile picture
Mar 6
Getting ready to kick off the Future of Children's Online Privacy panel at #SOTN2023 Image
Jane Horvath suggests that more states need to implement kids privacy leg.

Privacy for all is an important goal. But state-by-state solutions will only make the current convoluted patchwork problem worse.

If anything, we should be focused on getting to Yes on federal privacy.
Key point from Jamie Susskind -- conversations regarding online harm to kids clouds the federal privacy discourse making it impossible to pass legislation. Those conversations are important but separate.
Read 18 tweets
Jess Miers 🦝 Profile picture
Mar 6
Next #Section230 SOTN panel starting with @joellthayer noting that FOSTA was important for taking down Backpage...

The DOJ took Backpage down before FOSTA was enacted. But details. Image
Yael Eisenstat (ADL): "where does Section 230 stop? where are the lines?"

Section 230(e) is a good starting place.
@MattPerault importantly reiterating those limits. #Section230 is not a defense to federal criminal prosecution. Congress has the tools to create legislation in this area if they feel it necessary.
Read 12 tweets
Jess Miers 🦝 Profile picture
Mar 6
#Section230 panel about to begin #SOTN2023 Image
I'm sitting next to @AriCohn who unsurprisingly is even funnier in person
.@ma_franks kicks it off with two points:

1. the 230 (c)(1) immunity overwrites the (c)(2) good faith moderation provision;

2. 230 operates like a "super immunity" reaching beyond publication torts (i.e. defamation).
Read 18 tweets
Jess Miers 🦝 Profile picture
Feb 22
Twitter v. Taamneh just started. I'll be live tweeting. Listen here: supremecourt.gov/oral_arguments…
JCT kicks it off driving at the substantial assistance Q.

Hypo: JCT's friend is a mugger and JCT loans him a gun knowing that the friend *may* use it to commit a crime. Does he need to know more to qualify aiding / abetting?
Petitioners note that the facts in Twitter's case are much more remote than JCT's example. Twitter doesn't have any reason to know or even infer the same of its users.
Read 27 tweets
Jess Miers 🦝 Profile picture
Feb 22
Yesterday was only a little busy...so I'm sharing some quick thoughts about the Gonzalez oral args today.

All in all, I'm cautiously optimistic. I was prepared for the Internet's ultimate doomsday.

We're not quite there (yet). #Section230 🧵
Starting with a few moments that gave me hope:

Most surprising for me was Justice Thomas. Right out the gate, he essentially questioned why this case was even being heard.

Which would be totally fair had he not been begging for a 230 case to opine on since 2019 but I digress.
Another surprise:

The Court seemed to appreciate that algorithms and content moderation are essential to the way the Internet functions today and that attempts to create imprecise legal and technological distinctions could have irreparable effects on the modern web.
Read 14 tweets

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