If Ofcom wants to block 4chan, that's on Ofcom, and never again will anyone be able to call the Online Safety Act anything other than a censorship law.
Incorrect: they want to scare other Americans into voluntary compliance like they obtained from everyone under the GDPR.
This is why we need backup from Congress, to avoid sleepwalking into a British-controlled global speech regime.
The UK, for example, holds £47 billion in exchange reserves in North America.
Create a tort of “foreign censorship” and scrap sovereign immunity for it, and every trial lawyer in America will become a free speech litigator overnight
Congress doing this through legislation is a very easy way to end this problem without having to bother the State Department about it or impose diplomatically annoying and affront sanctions.
“Crazy American legislators, what can we do. Sorry. The law’s the law”
Also it puts the ball in Europe’s court over censorship. We don’t have to bother them about it anymore. It becomes their decision whether sending the outbound demand is worth the merits fight in a U.S. courtroom.
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I have just provided Ofcom’s enforcement docs vs 4chan, where the UK claims the First Amendment is no defense to its censorship, to several American free speech organizations.
Media will publish today.
They’re not after 4chan. They’re after you, and 4chan is in the way.
The main purpose of our lawsuit was to assert claims and defenses. A secondary but equally important aim was to flush Ofcom out, have them say what they really think, rather than the pretty lies told to President Trump.
Well, they took the bait. So you’ll all get to see it.
I'm actually very grateful for Ofcom, in that their written material has made the case for intervention by Congress more powerfully than I ever could.
Jim Jordan, if you see this - the time for talking is over, the free speech fight with the UK is here.
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.
@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.
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.
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.
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!
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.
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.