Preston Byrne Profile picture
Oct 18 9 tweets 3 min read Read on X
"Ofcom may seek recovery of those penalties"

To do that, they will need to get through me and Ron and try to collect in the United States.

That is never going to happen. British media take note when Ofcom decides to triumphantly "enforce" in a month.
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.

TBD. I have been begging the USG to treat this with the seriousness it deserves for ten months.

Hopefully after everyone reads Ofcom's demand letters and sees how insane they are, we'll get a consensus that we don't want to live this way.

And like, Parliament thinks it’s hot shit with the Online Safety Act?

If Congress lifts a finger foreign web censorship of Americans would end in a week, not just for the UK but for every country on Earth.

They’ve got the draft GRANITE Act. They know what needs to be done.
Why would an American ban on foreign censorship work, I hear you ask?

Because those foreigners need our banks, and if we yank immunity + create a tort, those foreign countries aren’t judgment proof

Censorship of Americans would end, immediately

buenosairesherald.com/economics/new-…
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 Image
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.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Preston Byrne

Preston Byrne Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @prestonjbyrne

Oct 16
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.

Read 7 tweets
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 28
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.
Read 7 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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(