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February 16, 2024
Child Online Safety Enforcement at Scale
All of the players involved in social media, including the large platforms, want to deal with the problem of child sexual exploitation and abuse (CSEA) offenses. But the sheer volume of reporting has created problems. Last year, the Wall Street Journal reported on how an online safety activist flagged potential underage sex content to Instagram, only to receive…
February 16, 2024
The Twilight of US Trade Leadership
As 2024 begins, the United States continues its retreat from its post-World War II role as leader of a rules-based global trading system. This retreat began in 2017 with the mercurial and destructive trade policies of former president Donald Trump and has continued since 2021 with the deeply conflicted trade policies of current President Joe…
February 15, 2024
Making Sense of Music Streaming
The rise of streaming platforms like Spotify has reshaped music economics, revealing the industry’s longstanding flawed incentive structures that can make it difficult for artists to be paid for their work. These issues are only further exacerbated by the rise of AI, which raises questions around originality and copyright. In this ever-evolving industry, how can…
February 14, 2024
Forcing Businesses to Rate Their Own Speech: Lessons from a Flawed Texas Statute
If lawmakers spent as much time thinking through the First Amendment implications of their bills as they do devising acronyms, judges might labor less and states wouldn’t pay the attorney fees of plaintiffs who successfully challenge them. Consider Texas’s Restricting Explicit and Adult-Designated Educational Resources Act. That distills to READER Act and, yes, it’s about books and other statutorily undefined…
February 13, 2024
The Trade and Technology Council: RIP?
In case you missed it, ten days ago, the US and EU held the fifth ministerial meeting of the US-EU Trade and Technology Council (TTC), since its inception in 2021. At the meeting, Commerce Secretary Gina Raimondo somewhat plaintively urged “stakeholders” such as business organizations and civil society groups to “demand” that the TTC be…
February 12, 2024
To Understand AI Adoption, Focus on the Interdependencies
In 1991, in a small farming town 15 miles west of Fresno, California, the last hand-operated telephone switchboard in the US went automatic. The moment completed what can now be understood as a century-long story of change. Invented in the 1880s, automatic switchboards were only sparingly installed into telephone networks. Instead, AT&T used long switchboards staffed…
February 8, 2024
The EU Rules Risk Smartphone Security
The European Union’s Digital Markets Act (DMA) targets “Big Tech” platforms under the idea that new regulations will increase competition and user choice. But by mandating openness, these new rules could inadvertently undermine vital security protections for consumers. Smartphones contain highly sensitive personal information across finance, health, and communication apps. Securing these devices is paramount. Apple has…
February 7, 2024
Burning the House to Roast the Pig: How Not to Protect Minors on Social Media
While social media companies’ top executives were being “battered” by “withering bipartisan criticism” during a January Senate hearing regarding harms their platforms allegedly cause minors, Florida lawmakers were considering a bill broadly barring anyone under age 16 from becoming “a social media platform . . . account holder.” Known as House Bill 1 and following on the heels of a…
February 6, 2024
Indigenous Spectrum Ownership Can’t Address Digital Disadvantage
In New Zealand, February 6 is Waitangi Day, the local equivalent of the United States’ Fourth of July. On this day in 1840, Captain William Hobson the Lieutenant-Governor of New South Wales and the chiefs of a large number of the indigenous Māori tribes signed the Treaty of Waitangi. In exchange for the chiefs ceding some powers to the…
February 2, 2024
Safeguarding the Modern Public Square: Texas and Florida Weigh In on Social Media Regulation with the Supreme Court
The US Supreme Court hears oral arguments on February 26 in two First Amendment cases––NetChoice v. Paxton and Moody v. NetChoice––that will determine how much editorial freedom social media platforms possess to define their own “speech-based communities” in the face of government directives compelling them to host content and users against their will. At stake in that issue’s resolution are Texas and Florida laws dictating how large platforms…