another day, another report about how we accept way too much human-caused risk (to err is human, after all) but we accept no risk from machines: https://t.co/echPbPOWSG
Today we published “The State of State Technology Policy,” our 2nd annual overview of tech policy developments in the states. Few tech policy bills passed in Congress last year (zero?), but states passed 65 in areas like AI, privacy, and child safety. /1 https://t.co/Hq1RARCpJH
Here, courts ought to presume that when Congress immunized Facebook from certain claims, it has to have meant only those claims arising from activity in the U.S., not abroad. But courts have found exactly the opposite! Which is... bad.
Without any guidance from Congress, courts presume that a statute applies only within the U.S. If the statute says "no rollerblading while TikTok-ing" then we can just presume it applies in NYC but not in Paris. But what about statutes like 230 that *immunize*?
Every statute raises the question: does this thing apply extraterritorially? Sometimes there's an easy answer b/c Congress tells us. Most of the time, tho, courts have to guess.
I wrote a thing. To my astonishment, for all the talk about the scope of 230, there is comparatively little talk about the reach of 230...and its seems to have inter-galactic reach!
.@andrewkwoods explains why the recent court decisions interpreting Sec. 230 as a global immunity shield are inconsistent with the intent behind Sec. 230 and with the courts' usual foreign affairs jurisprudence. https://t.co/moeSoXDF1x
@lawfare For the record, the Supreme Court hasn't weighed in on this question precisely -- it's lower court opinions that are so troubling, and SCOTUS dodged the question in Gonzalez/Taamneh.
If anyone has an explanation for this, please let me / us know. It's not like the internet is conflict free! So why would the wealthiest and most lawyered up tech firms like FB and X and TikTok not have arbitration in their TOS?
The Big Question is, has any arm of the US government been illegally and unconstitutionally outsourcing violations of citizens’ guaranteed rights under the 1st 4th and 5th Amendments to private entities.