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Brian Fung | @[email protected] @b_fung

Trump here is seemingly daring Twitter to take action against an official government account. But remember, in the eyes of the law there is no difference — Trump’s personal account *is* a government account https://t.co/ONMa8aa7ZC — PolitiTweet.org

The White House @WhiteHouse

“These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen. Just spoke to Governor Tim Wa… https://t.co/rMA4FCWWZb

Posted May 29, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

12:56 a.m. — Trump backs Gov. Walz. Six hours later — Trump campaign accuses Walz of a “catastrophic display of failed leadership” https://t.co/qJLlOhg8UT — PolitiTweet.org

Posted May 29, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

RT @carlquintanilla: OAKLAND, Calif. — Google, facing an advertising slump caused by the pandemic, has rescinded offers to several thousand… — PolitiTweet.org

Posted May 29, 2020 Retweet Hibernated
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Brian Fung | @[email protected] @b_fung

RT @Policy: This EO is a reactionary and politicized approach to a landmark law. #Section230 protects American innovation and freedom of ex… — PolitiTweet.org

Posted May 29, 2020 Retweet Hibernated
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Brian Fung | @[email protected] @b_fung

And here’s the text of the final EO: https://t.co/TsECYZyIqU — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

It’s hard to know what to think about this. On the one hand, the FCC always “carefully reviews” every little thing, so it’s noncommittal. On the other hand, the fact Pai is talking approvingly of a “debate,” before any EO text is final, hints he’s more than open to the idea. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

The FCC says it will “carefully review” any ask from the Trump administration for new rules. “This debate is an important one,” said @AjitPaiFCC in a statement. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

I pointed out some of his Democratic colleagues are keen to make changes to 230. Wyden acknowledged the EARN IT Act, which would make 230 protections conditional on guidelines by a new panel led by DOJ and DHS. “This is obviously something I will fight with everything I have." https://t.co/Ei6Pz5nZzD — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Curtailing protections for websites large and small, he said, will be “a gift to bullies, and will lead to pain and less influence for the little guy with the good idea." — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Just got off the phone with @RonWyden, the architect of Section 230. “[Trump] is trying to steal for himself the power of the courts and Congress to rewrite decades of settled law,” Wyden told me. “He decides what’s legal based on what’s in his interest." — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

NEW: President Trump has signed an executive order aimed at curtailing the power of social media platforms — an effort legal experts say is fraught with constitutionality questions. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Can he do that? The legal limits of Trump’s executive order on social media: https://t.co/7sjYW1aphq — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

@haroldfeld @ashleyrgold @publicknowledge My question is, can the administration simply assert that social media platforms are public forums and have that carry any policy weight? Here, it isn't even phrased as a conclusion but as a conditional premise to some other finding. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

@haroldfeld @FCC @NTIAgov That was always the plan, even under the draft text that was going around last year. At that time, FCC and FTC met with NTIA to voice their concerns. That doesn't appear to have taken place this time. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

And importantly, authors of Section 230 such as @RonWyden have repeatedly said that the intent of the law was to ensure tech companies could *not* be sued into oblivion. For the WH to leverage 230 into obtaining the opposite outcome would be to undermine the purpose of the law. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Much of the order could quickly get bogged down in a thicket of legal and constitutional questions. Just for example, the FTC reports to Congress, not the WH. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

It would tell DOJ to work with state AGs to determine what state laws could be brought to bear against complaints of political bias. And it would ban federal agencies from advertising on platforms deemed to have run afoul of Section 230. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

The order also tries to tell the FTC to develop a report on complaints of political bias collected by the White House, and instructs the agency to “consider” bringing lawsuits against companies accused of running afoul of 230. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

It would (indirectly, via Commerce) have the FCC create regulations outlining how and when companies might expose themselves to litigation under Section 230. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

The draft EO seeks to curtail the power of tech platforms by reinterpreting Section 230 of the Communications Decency Act, a critical law that shields websites and tech companies from lawsuits. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

We’ve gotten copies of the draft order. Looking at the text, the main provisions look fairly similar to what we reported previously here: https://t.co/zqH9eh8iYz — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

@birnbaum_e I’m still here! — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

As soon as my computer dies, I’m logging off for the night. That’ll be it. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Me IRL https://t.co/ZJiQxsGJPl — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

One can only hope https://t.co/lzIJk1vPA6 — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

RT @birnbaum_e: .@BrendanCarrFCC on @TuckerCarlson says he believes Congress/the Trump administration should take on the tech companies by… — PolitiTweet.org

Posted May 28, 2020 Retweet Hibernated
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Brian Fung | @[email protected] @b_fung

@MichaelDBerry6 @benshapiro Because we haven’t seen the text of the order, it’s premature to reach any conclusions about the constitutionality of said order. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

Also worth remembering that as a general practice, the FCC has repeatedly gone out of its way to avoid regulating websites and internet companies. The FCC’s GOP leadership made it a point to avoid “regulating the internet” when it rolled back its own net neutrality rules. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

@RoscoRoberts1 @sjj5614 @MarshallCohen What you’re suggesting is not something the president can legally do, given that the law in question explicitly provides for a safe harbor for social media platforms that are moderating their own systems. Overturning this would require an act of Congress. — PolitiTweet.org

Posted May 28, 2020 Hibernated
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Brian Fung | @[email protected] @b_fung

@aedwardslevy moderate rare — PolitiTweet.org

Posted May 28, 2020 Hibernated