Tag: Mike Masnick

Senators Warren & Graham Want To Create New Online Speech Police Commission

Tina Marie (Ms. Cat)

The regulation will continue until internet freedom improves, apparently. Last year we wrote about Senator Michael Bennet pushing a terrible “Digital Platform Commission” to be the new internet speech police, and now we have the bipartisan free speech hating duo of Senators Elizabeth Warren and Lindsey Graham with their proposal for a Digital Consumer Protection Commission.

Senators Warren & Graham Want To Create New Online Speech Police Commission

If You Don’t Want EU Style Censorship To Take Over The Internet, Support Section 230

Tina Marie (Ms. Cat)

from the the-eu-approach-is-dangerous dept
Fri, Jan 6th 2023 10:41am – Mike Masnick

Last summer, I mocked the EU a bit for setting up a new office in Silicon Valley, and sending an official here to “liaise with Silicon Valley companies affected by EU tech regulation,” noting how it felt weird to have EU internet police setting up shop in Silicon Valley. Given that, I was a bit surprised that the new office invited me to “moderate” a panel discussion last month about the Digital Services Act (DSA), a bill I have regularly criticized and which I think is going to be dangerous for free speech on the internet.

If You Don’t Want EU Style Censorship To Take Over The Internet, Support Section 230

Related:

Communications Decency Act – Section 230

The FBI Paid Twitter $3.4 Million for Processing Requests

Tina Marie (Ms. Cat)1 Comment

The FBI Paid Twitter $3.4 Million for Processing Requests

There’s been ample insinuation that these agencies were politically motivated. But all of this was happening at a time when President Donald Trump was in power and his people were running DHS and the FBI. Rather than agencies intent on swaying the 2020 election for Biden, their actions seem like run-of-the-mill paranoia and attempts at control.

This brings us back to the money the FBI gave Twitter for “time spent processing requests.” In the last installment of the Twitter Files, Matt Taibbi reported on some of those requests, many of which were related to potential election misinformation. Twitter looked into the flagged tweets and accounts, sometimes complying with the FBI and sometimes not.

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Twitter’s “Guidelines for law enforcement” does state under a section titled “Cost reimbursement” that “Twitter may seek reimbursement for costs associated with information produced pursuant to legal process and as permitted by law (e.g., under 18 U.S.C. §2706).” But the fact that this garnered millions from the FBI was not, as far as I can tell, known until now.

Related:

No, The FBI Is NOT ‘Paying Twitter To Censor’

So, who was the Trump Administration targeting?!

But this is a misreading/misunderstanding of how things work. This had nothing to do with any “influence campaign.” The law already says that if the FBI is legally requesting information for an investigation under a number of different legal authorities, the companies receiving those requests can be reimbursed for fulfilling them.

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I do think it remains a scandal the way that 2703(d) orders work, and the inability of users to push back on them. But that is the law. And it has literally nothing whatsoever to do with “censorship” requests. It is entirely about investigations by the FBI into Twitter users based on evidence of a crime. If you want, you can read the DOJ’s own guidelines regarding what they can request under 2703(d).

2703(d) order:

Under the Electronic Communications Privacy Act of 1986, law enforcement must obtain a court order under 18 U.S.C. §2703(d) (2703(d) order) to compel a provider to disclose more detailed records about a customer’s or subscriber’s use of services, such as the following