Further, what is your end goal for Silicon Valley tech?
With the AADC, you're forcing tech companies to perform age verification on all of your constituents, further collecting sensitive identification info (largely in violation of other CA privacy laws).
You've created an environment where tech companies are discouraged from improving their products and services for kids and families.
And in fact, you're encouraging companies to block minor users entirely, disrupting their lives and frustrating their access to resources.
All while violating the First Amendment rights of your constituents which not only include the folks employed by the tech companies but also the users that have a right to receive the information you've forced tech to block.
Worse, when the companies finally decided to fight back, invoking their First Amendment rights, you teamed up with Gov. @GavinNewsom to *publicly threaten* those companies, demanding they dismiss their suit.
As a California voter and taxpayer, that behavior signals clearly to me that you couldn't care less about preserving our rights in this country.
Worse, you couldn't care less about preserving democracy.
Jawboning private entities when they invoke their rights is certainly not democracy in action. I
It's blatant authoritarianism.
Now let's turn to the CJPA.
Your stated goal is to support small and local journalists. Great. Journalism is important. Democracy dies in darkness.
So, if that's the case, how come only 70% of the fees collected from tech companies go to journalists? Why not 100%?
And how come 'eligible journalists' under this bill do not include news organizations and freelance journalists that make under $100k/year in revenue?
Aren't they precisely the ones you're aiming to protect?
And how come the deadline to join the arbitration coalition is February 2024? Won't it just be all the major / mass media companies that will set the fee % for the entire industry?
Market entrants after Feb 2024 are screwed then, right?
And why are you even bringing in AU / EU as your rationale for the legislation?
I respect your affinity for their regulatory schemes but you don't represent those regions. You represent California citizens and as a representative, you have a duty to uphold the US Constitution.
The UK, Spain, and all of Australia do not have a First Amendment like we do. Yet, the laws you continue to draft and push blatantly conflict with 1A.
How many more lawsuits does CA need to incur (and that CA taxpayers must pay for) until that finally sinks in?
Not to mention, Asm @BuffyWicks, you're a Democrat. So why are you drafting legislation that mirrors the regulations we're seeing in Texas, Florida, and Utah?
And why are you propping up the massive right wing media with a mandatory wealth transfer?
Lastly, it seems you're forgetting that social media companies are in fact news publishers themselves (s/o @ChrisMarchese9 for this brilliant point).
Why do you get to decide which publishers are legit and which are not?
And what's the next industry on your chopping block?
All of this is to say, innovation can't thrive under hostile regulatory regimes like the ones you seem to admire.
So, if the end game is to throttle U.S. tech innovation, let me personally congratulate you. You're well on your way to accomplishing that goal.
"Everything about this is filthy and corrupt. It’s literally Rep. Buffy Wicks and others in the California legislature saying “we’re forcing companies we dislike to give money to companies we like.” techdirt.com/2023/05/31/cal…
"Publications that make less than $100k per year are not eligible, so independent journalists or small one or two person journalism outfits are cut out of the deal. Hell, Techdirt would likely be excluded."
"The government picking and choosing which journalism orgs get cut into the corruption seems… problematic?"
*Journos making under $100k/year revenue are still not even eligible for this "protections" under this bill (meaning a majority of smaller / marginalized news outlets will be left behind in favor of larger outlets);
*The arbitration provision is even more of a cluster than before. Now it allows for a joint coalition to arbitrate against the websites, but notice to join said coalition must be made before Feb 2024 (meaning market entrants after Feb 14 don't get to take advantage of it anyway).
"The harms of unregulated social media are established and clear" No, they're really not, Governor @GavinNewsom. In fact, that assertion is incredibly intellectually dishonest as it disregards several studies that demonstrate otherwise.
You don't get to just declare 'harm to kids' as a convenient excuse to abridge the 1A rights of California citizens. We don't tolerate that sort of EU-inspired paternalistic B.S. in this country.
You made a bad law. Now it's up to the Courts to decide whether it sticks. If you're confident that it can hold up to strict scrutiny, then you shouldn't have any concerns.
But inserting yourself into the necessary checks in place to temper your power is pretty gross.
Alright, now that I've had more than a minute to think about all of this, some additional thoughts:
This was the *best case scenario* for these cases today. The Taamneh opinion only reinforces the status quo (a major win for websites AND users). #SCOTUS
I have to say, it was surprising to see such a clean win authored by Justice Thomas no less. I think many of us assumed he would have been eager to undermine existing precedence around 1A and even 230 as applied to online publishers.
That's not at all what occurred here.
Keep in mind of course, this was a very narrow issue for SCOTUS (aiding and abetting law). So, it doesn't really come as a surprise that we got such a clean decision here.
The bigger concern really was how the Court would approach Gonzalez. They got it exactly right.
Hello and welcome to my live reading of the recent SCOTUS #Section230 cases. Since Gonzalez was rightfully vacated, this thread will focus on the Twitter v. Taamneh opinion. Let's dig in:
There are several issues with this response. First, in the U.S., there is no legal distinction between age estimation, assurance, and verification. Under a constructive knowledge requirement, they're synonymous.
Companies can't just "estimate" age when the penalties are immense for getting it wrong.
So, under a constructive knowledge scheme, the only way a U.S. company can be 100% sure they're compliant is if they implement age verification. That's how our litigation system works.
With that, it is utterly disingenuous to state that facial recognition is not part of the age verification conversation. Companies in the UK are already relying on facial recognition products like @getyoti to comply with the AADC. Nothing stops U.S. companies from doing the same.