{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Is Silencing a Few Million Americans Protected Speech?","description":"The Supreme Court has granted certiorari to review two big state laws trying to impose limits on social media censorship (or \u201ccuration,\u201d if you prefer) of platform content. Paul Stephan and I spar over the right outcome, and the likely vote count, in the two cases. One surprise: we both think that the platforms\u2019 claim of a first amendment right to curate content  is in tension with their claim that they, uniquely among speakers, should have an immunity for their \u201cspeech.\u201d Maury weighs in to note that the EU is now gearing up to bring social media to heel on the \u201cdisinformation\u201d front. That fight will be ugly for Big Tech, he points out, because Europe doesn\u2019t mind if it puts social media out of business, since it\u2019s an American industry. I point out that elites all across the globe have rallied to meet and defeat social media\u2019s challenge to their agenda-setting and reality-defining authority. India is aggressively doing the same.  Paul covers another big story in law and technology. The FTC has sued Amazon for antitrust violations\u2014essentially price gouging and tying. Whether the conduct alleged in the complaint is even a bad thing will depend on the facts, so the case will be hard fought. And, given the FTC\u2019s track record, no one should be betting against Amazon. Nick Weaver explains the dynamic behind the massive MGM and Caesars hacks. As with so many globalized industries, ransomware now has Americans in marketing (or social engineering, if you prefer) and foreign technology suppliers. Nick thinks it\u2019s time to OFAC \u2018em all. Maury explains the latest bulk intercept decision from the European Court of Human Rights. The UK has lost again, but it\u2019s not clear how much difference that will make. The ruling says that non-Brits can sue the UK over bulk interception, but the court has already made clear that, with a few legislative tweaks, bulk interception is legal under the European human rights convention. More bad news for 230 maximalists: it turns out that Facebook can be sued for allowing advertisers to target ads based on age and gender. The platform slipped from allowing speech to being liable for speech because it facilitated advertiser\u2019s allegedly discriminatory targeting.  The UK competition authorities are seeking greater access to AI\u2019s inner workings to assess risks, but Maury Shenk is sure this is part of a light touch on AI regulation that is meant to make the UK a safe European harbor for AI companies. In a few quick hits and updates: I explain the splintered PCLOB report that endorses 702 renewal, with widely diverging proposals for reform. Paul tells us that the Biden Administration plans to bring back \u201cnet neutrality\u201d rules. Hey, if we get to choose which golden oldie to revive, I actually liked the macarena more. I flag an issue likely to spark a surprisingly bitter clash between the administration and cloud providers \u2013 Know Your Customer rules. The government thinks it\u2019s irresponsible from a cybersecurity point of view to let randos spin up virtual machines. The industry doesn\u2019t think the market will tolerate any other way of doing business.  Speaking of government-industry clashes, it looks like Apple is caught between Chinese demands that it impose tough new controls on apps in its app store and, well, human decency. Maury has the story. And I\u2019ve got a solution. Apple should just rebrand its totalitarian new controls as \u201capp curation.\u201d Seems to be working for everyone else. You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.   ","author_name":"The Cyberlaw Podcast","author_url":null,"html":"