Commentary: Big Tech Needs First Amendment to Censor You

Smart Phone Filled with Apps

Big Tech is back at the Supreme Court.

Appealing from a big loss they suffered at the 5th U.S. Circuit Court of Appeals, social media platforms are challenging Texas’ social media law that prohibits those companies from engaging in viewpoint discrimination when curating their platforms.

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Senate Rejects Bill Stripping Section 230 Protections for AI in Landmark Vote

The Senate shot down a bipartisan bill Wednesday aimed at stripping legal liability protections for artificial intelligence (AI) technology.

Republican Missouri Sen. Josh Hawley and Democratic Connecticut Sen. Richard Blumenthal first introduced their No Section 230 Immunity for AI Act in June and Hawley put it up for an unanimous consent vote on Wednesday. The bill would have eliminated Section 230 protections that currently grant tech platforms immunity from liability for the text and visual content their AI produces, enabling Americans to file lawsuits against them.

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The Senate’s ‘No Section 230 Immunity for AI Act’ Would Exclude Artificial Intelligence Developers’ Liability Under Section 230

The Senate could soon take up a bipartisan bill defining the liability protections enjoyed by artificial intelligence-generated content, which could lead to considerable impacts on online speech and the development of AI technology.

Republican Missouri Sen. Josh Hawley and Democratic Connecticut Sen. Richard Blumenthal in June introduced the No Section 230 Immunity for AI Act, which would clarify that liability protections under Section 230 of the Communications Decency Act do not apply to text and visual content created by artificial intelligence. Hawley may attempt to hold a vote on the bill in the coming weeks, his office told the Daily Caller News Foundation.

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‘Take Aim:’ Adam Schiff Threatens Big Tech Unless They Censor More Content

Democratic Rep. Adam Schiff of California said Sunday that Section 230 protections should be repealed if tech companies do not do more to combat “hate and loathing” on their platforms.

“I’m particularly concerned about the practice some of the large tech companies have of, whenever there is a budding, promising new entrant into the market, they buy them out because they don’t necessarily want to develop that product line themself, but they don’t want the competition,” Schiff told CNN host Jake Tapper on State of the Union. “We should absolutely take aim at that and other anti-competitive actions of Big Tech, and I think we’ve got a big problem right now with social media companies and their failure to moderate content and the explosion of hate on Twitter, the banning of journalists on Twitter.”

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Arizona AG Brnovich Discusses Settlement with Google over Deceptively Obtaining Users’ Location Data for Profit

Arizona Attorney General Mark Brnovich has sued numerous big players throughout his two terms, including the Biden administration, Secretary of State Katie Hobbs, Arizona State University, and the City of Tucson. Perhaps the biggest entity he sued was Google in 2020, for “deceiving consumers” by tracking their location on smartphones without their knowledge and then selling the information. After over two years of litigation, the tech giant capitulated, settling for $85 million, more than the country of Australia snagged in a similar settlement with Google, $60 million. 

The first attorney general in the country to sue Google over the practice, Brnovich told The Arizona Sun Times that what prompted him in part to file the complaint was the shocking extent of how much personal information was obtained. “Google knew more about where you were going and who you hung out with, more than your travel agent or spouse,” he said. He found out about the practice after a news article revealed that Google was tracking users through its app preloaded on Android smartphones even after they’d disabled their “Location History” setting. Google was told to stop and did not.

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Supreme Court to Hear Challenge to Big Tech’s Section 230 Protections

On Monday, the Supreme Court of the United States agreed to hear a case that challenges Big Tech companies’ broad protections against lawsuits regarding the content they host, as a result of a policy known as Section 230.

Politico reports that the case will mark the first time that the nation’s highest court will hear any challenge to Big Tech’s immunity under Section 230 of the 1996 Communications Decency Act, which forbids legal action against such platforms over third-party content that is hosted on their sites. The case, Gonzalez vs. Google LLC, will see the court determine if these protections go too far when it comes to such content as terrorist videos being allowed on YouTube, the video-sharing platform that is owned by Google.

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Google Offers to Break Up to Prevent Antitrust Lawsuit

Google has offered to break apart in a bid to avoid greater punishment for antitrust violations from federal regulators, The Wall Street Journal reported Friday.

The tech giant has raised the prospect of separating a major business operation off from Google—the auctioning and placing of online advertisements—to form a separate entity also under the umbrella of Google’s parent company, Alphabet, people close to Google reportedly told the WSJ. It was unclear if the offer would satisfy the Department of Justice (DOJ), which declined to comment on the story, according to the WSJ.

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