Social media crosses state and national borders. Should states be able to regulate them? Maybe it should come under the heading of interstate commerce which is regulated at the national level.
There could be some exceptions for activities that are covered by state criminal law, in which case the content producer has greater liability than the platform.
When will Congress get around to bringing tech-related laws into this century? Should platforms be liable for what they amplify via their algorithms as opposed to the content itself? Can their major product (the "big data" about their users, not user content) be regulated to protect privacy and national security? Should the US government be able to have platforms remove foreign disinformation producers, content, bots, and trolls as a matter of national security? What should platforms be required do about credible threats of violence? Who should monitor content? Should any part of social media be considered "press"? The First Amendment regulates what Congress can do regarding regulating free speech. It does not affect the guidelines or contracts regarding speech that corporations, non-governmental institutions, or individuals can set for themselves. They limit speech all the time. This is a complicated area that requires nuanced legislation. It is imperative that it be addressed soon, both for our freedom and our security.
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Lead Legal Process Engineer, IncuBaker - Legal Technologist helping redefine the intersection where ESG, Privacy & Generative AI meet | Founder, NextPhase Foundation
4moInteresting article came across my feed just this morning: https://www.wsj.com/tech/steven-mnuchin-says-he-is-putting-together-a-group-to-buy-tiktok-3aac4a33?mod=hp_lead_pos1&mod=djemalertNEWS