Preston Byrne Profile picture
Aug 28 7 tweets 2 min read Read on X
UK NGO Types: "Nothing in the Online Safety Act requires the removal of lawful speech"

...unless you're American.

Link to follow Image
"The Online Safety Act is about preserving a status quo that benefited and enriched powerful platforms"

Then why were the UK's first targets a tiny American mental health discussion board and tiny sites with free speech moderation policies?

politicshome.com/opinion/articl…Image
The truth of the matter: the Online Safety Act is designed to legislate the First Amendment out of existence online.

The UK went after free-speech platforms first - not Meta or Google - to ensure the whole Internet got that message.

They did not expect resistance.
If someone in the UK calls me on the telephone, I am not suddenly teleported to England and subject to its rules.

When someone in the UK navigates to a US webserver, that server isn't teleported to England either.
CCDH, more or less: "X's free speech crusade is hollow, because we beat their lawsuit against us on First Amendment grounds."

"And we will use that lawsuit victory to continue in our important work of making sure that nobody in the UK can have those same speech rights online." Image
There are literally a zillion ways that the UK could achieve the stated aims of the Online Safety Act without censoring the global web.

What the Online Safety Act does is purport to tell the Americans the First Amendment doesn't exist.

The purpose of a system is what it does.
The OSA is a national crap sandwich. Easily circumvented by VPN, makes running a UK-res webforum cost-prohibitive, driving investment out, wrecking the UK's global reputation.

The only reason it's still there is because of pro-censorship activists in govt/Lords and inertia.

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More from @prestonjbyrne

Aug 29
The central question of the 4chan/Kiwi Farms lawsuit is this: do the six billion Internet users on our planet get to access American infrastructure on the terms of

- the First Amendment, or
- the UK's Online Safety Act.
See this, unearthed by @thetimes, where Kit Malthouse and Ofcom's Chief Exec said the OSA applies to any company with a UK user *even if* the user hits the service via a VPN.

I presume they're referring to my client Kiwi Farms. Image
@thetimes The logical conclusion here is that unless you KYC and ID all of your users to get all UK users off your service, a requirement which is repugnant to the First Amendment, the UK Parliament believes you're in scope.

Link to hearing transcript:
committees.parliament.uk/oralevidence/1…
Read 11 tweets
Aug 25
Fun fact: Baroness Beeban Kidron, a British peer, is one of the architects of the UK's Online Safety Act.

The charity she founded, 5rights, is involved with a lot of "kids' code" legislative proposals in the United States that would seek to impose similar censorship laws here. Image
You can say something is to "protect the kids," but if its effect is to dox internet users and interfere with protected speech, it's a censorship law.

It ends with prison threats and fines, just as we're seeing now in the UK. These initiatives need to be kicked out of the USA.
Punishing people for their publishing decisions is something the English have been doing since before the invention of the printing press.

It's not something we do in America.

Read 6 tweets
Aug 22
A Biglaw shop in UK warns: the Online Safety Act should be obeyed by Americans because the UK could get at us using the MLAT or the Hague Service Convention! Oh no!

Nope. US law is crystal clear: we will never enforce any provision of the OSA on our soil
natlawreview.com/article/byrne-…Image
Also if any lawyer in London thinks that the U.S. will give reciprocity under the MLAT or that a U.S. court will enforce a money judgment based on OSA enforcement - a subject that I have personally broached with our government - there's a bridge in Brooklyn I'd like to sell you
When U.S. states try to get away with this shit they get slapped down - see X Corp. v. Bonta or Netchoice v. Bonta.

I don't see why the UK thinks it'll be treated any better. The First Amendment doesn't care that the UK is a country. In fact it was designed for it.
Read 5 tweets
Aug 20
U.S.-based technology firms should start asking for "non-enlistment clauses" whereby any contact of any U.S. service provider with UK censors entitles them to immediate notice and a penalty-free termination, so they can pivot to providers who aren't exposed to censorship risk.
Bigger U.S. firms like Cloudflare and app stores should also consider that they're likely to be conduits for foreign censorship and may want to close down foreign ops + force customers to pay them over US rails.

Completely decoupling from the UK will be a competitive advantage.
Ultimately, unless the UK and USA reach an understanding, any UK touchpoint is a regulatory risk not just to service providers but also every one of their users, b/c the Online Safety Act creates powers for the UK govt to kick Americans off third party infrastructure.
Read 6 tweets
Aug 20
I am getting phone calls from buddies in London BigLaw about 4chan.

I suspect there are a lot of Americans who will want to replicate the playbook and are only just reading the caselaw and figuring it out for the first time now.
For context, I have been in the business of telling foreign governments where they can shove a censorship request for 8 years. This is very old hat for me.

Difference between then and now is that then they only targeted 2 or 3 American companies. Now they're targeting them all
Funniest content takedown request I ever got was from the UK though. The Met Police's CTIRU unit once tried to convince a (conservative) client that an account should be banned because the account hosted speech critical of Donald Trump and Theresa May.

How we laughed.
Read 7 tweets
Aug 15
Byrne & Storm, P.C. (@ByrneStorm) and Coleman Law, P.C. (@RonColeman) represent 4Chan.

We issue this statement on behalf of our client in response to press reports indicating that the U.K. Office of Communications, aka @Ofcom, intends to fine our client. Image
The UK government should now understand that any attempt to touch any American company, however small, will be met with a coordinated U.S. legal response.

We will not let any American be picked on by any foreign power.
.@_TomHoward is looking to stand up and fund a nonprofit organization which will fund litigation defense for Americans against foreign censorship laws.

Looking for financing, board members, admin support.

If interested, drop him a line.
Read 4 tweets

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