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Speech

On today’s internet, the boundaries of acceptable speech are set by a few massive platforms, including Facebook, Twitter, Instagram, YouTube, and a handful of others. If those companies find something unacceptable, it can’t travel far — a restriction that’s had a massive impact for everyone from copyright violators to sex workers. At the same time, vile content that doesn’t violate platform rules can find shockingly broad audiences, leading to a chilling rise in white nationalism and violent misogyny online. After years of outcry, platforms have grown more willing to ban the worst actors online, but each ban comes with a new political fight, and companies are slow to respond in the best of circumstances. As gleeful disinformation figures like Alex Jones gain power — and the sheer scale of these platforms begins to overwhelm moderation efforts — the problems have only gotten uglier and harder to ignore. At the same time, the hard questions of moderation are only getting harder.

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Gaby Del Valle
“Ope, the drones are back tonight.”

Minnesotans who are active in anti-ICE organizing say they’ve spotted drones in their neighborhoods — and in at least one instance, hovering right outside their houses — in recent weeks. The Department of Homeland Security won’t confirm whether the drones are theirs, but ICE has reportedly used license-plate readers and facial recognition technology to surveil activists in Minneapolis.

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Elizabeth Lopatto
Chilling effect go brrr…

Jason Lee had this profile killed from an unnamed magazine because he didn’t like being asked a question about Scientology. Defector is publishing it anyway. Are there any cool Gen Xers? Starting to feel like the answer is no.

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Twitter
Lauren Feiner
FTC says it’s ‘not the speech police’ in letter warning Apple News about its alleged promotion of left-leaning outlets.

Federal Trade Commission Chair Andrew Ferguson warned Apple’s news product could violate a law against deceptive business practices if its alleged promotion of some ideological content violates its terms of service. Ferguson doesn’t cite specific terms it might have violated, but urges a “comprehensive review” to ensure they’re consistent.

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Lauren Feiner
Advocacy group sues Trump officials for urging tech companies to remove ICE reporting tools.

The Foundation for Individual Rights and Expression (FIRE) is suing Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem for their alleged roles urging Meta and Apple to remove a Facebook group and app documenting ICE agents. FIRE claims they unconstitutionally coerced companies to censor speech. In a statement, DHS Assistant Secretary Tricia McLaughlin accused FIRE of spinning “this correct decision for Apple to remove these apps as them caving to pressure instead of helping prevent further harm to federal officers.”

Update: Added DHS statement.

Section 230 turns 30 as it faces its biggest tests yet

The law has survived the dot-com bubble and the Supreme Court, but it’s up against potentially larger challenges.

Lauren Feiner
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Richard Lawler
Homeland Security’s chilling response to criticism: subpoenaing your Gmail.

A Washington Post report digs into one 67-year-old man’s experience being targeted by a warrantless administrative subpoena that doesn’t need sign off from a judge or jury.

Among their demands, which they wanted dating back to Sept. 1: the day, time and duration of all his online sessions; every associated IP and physical address; a list of each service he used; any alternate usernames and email addresses; the date he opened his account; his credit card, driver’s license and Social Security numbers.

A community organizer’s guide to Signal group chats

Key privacy settings and best practices.

Stevie Bonifield
Shedding light on Iran’s longest internet blackout

Internet shutdowns, smuggled Starlink terminals, and state-sponsored AI slop.

Sarah Jeong
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Lauren Feiner
Washington Post demands FBI return reporter’s seized electronics.

A federal judge barred government officials from reviewing Washington Post reporter Hannah Natanson’s devices that were seized by investigators last week. The ruling came after the Post asked for the return of Natanson’s devices and not to review their contents, alleging a grave First Amendment violation.

Update: Added court ruling.

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Lauren Feiner
FBI searched a journalist’s home for classified documents.

In a highly unusual move, FBI agents executed a search warrant on Washington Post journalist Hannah Natanson’s Virginia home, the Post reports. Natanson has written about the Department of Government Efficiency’s federal workforce overhaul. Investigators are reportedly probing a system administrator with security clearance accused of removing classified information.

Attorney General Pam Bondi confirmed the search on X, saying it was requested by the Department of War after the reporter was allegedly “obtaining and reporting classified and illegally leaked information from a Pentagon contractor.” Washington Post spokesperson Olivia Petersen confirmed the Post is monitoring the situation.

Update: Added comment from Bondi and The Washington Post.

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Lauren Feiner
FCC Chair Brendan Carr will return to Congress next week.

Carr and fellow FCC commissioners Anna Gomez and Olivia Trusty are set to testify before a House Energy and Commerce subcommittee on January 14th for an agency oversight hearing. The trio testified before the Senate Commerce Committee last month, where Carr doubled down on his threats to broadcasters.

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Lauren Feiner
The group that funded PBS and NPR votes to dissolve after congressional cuts.

The Corporation for Public Broadcasting (CPB) board voted to wind down the 58-year-old organization after Congress slashed its funding. CPB president and CEO Patricia Harrison said shutting it down would “protect the integrity of the public media system ... rather than allowing the organization to remain defunded and vulnerable to additional attacks.”

Free speech’s great leap backwards

An era of digital authoritarianism has American free expression in a stranglehold.

Felipe De La Hoz
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Richard Lawler
Imran Ahmed obtains temporary restraining order against State Department sanctions.

The CEO of the Center for Countering Digital Hate (CCDH) is suing Trump administration officials after they targeted him for deportation from the US because of his online content moderation work.

On Thursday morning, he announced that US District Judge Vernon Broderick granted a TRO and preliminary injunction blocking his arrest or detainment. A hearing has been scheduled for Monday.

Imran Ahmed TRO

[DocumentCloud]

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Richard Lawler
Imran Ahmed is suing Marco Rubio and other federal officials to fight their sanctions barring him from the US.

The Trump administration just sanctioned five people, including Center for Countering Digital Hate (CCDH) founder Imran Ahmed, over their work in content moderation and anti-disinformation. On Wednesday he filed a lawsuit (pdf) to stop their “unconstitutional attempt to arrest and expel him.”

Ahmed:

My life’s work is to protect children from the dangers of unregulated social media and AI and fight the spread of antisemitism online. That mission has pitted me against big tech executives – and Elon Musk in particular – multiple times. I am proud to call the United States my home. My wife and daughter are American, and instead of spending Christmas with them, I am fighting to prevent my unlawful deportation from my home country.

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Elizabeth Lopatto
Siri, play “Hate to Say I Told You So” by The Hives.

Bari Weiss killed a 60 Minutes story on CECOT, the El Salvador prison where the Trump administration has been deporting people. A senior correspondent noted that the story had been cleared by Standards and Practices, as well as the company’s lawyers, calling the decision “political.”

Why does this seem familiar? I feel like maybe someone predicted this?

A screenshot from my Oct. 7th story: “Managing requires certain kinds of soft skills, ones I am not confident you possess. They weren’t necessary in your cushy Wall Street Journal op-ed job, or your cushier New York Times op-ed job. They were barely required at the publication you invented, The Free Press. So now you’re the head honcho at CBS News. Let’s say you decide to skip levels to directly edit a 60 Minutes story. It doesn’t even have to be a controversial story to make all hell break loose — because you have neither the credibility nor the relationships required to take this kind of work on. And what’s more, you’ve got a news division composed exclusively of ambitious piranhas below you — not your handpicked cronies, like Tyler “I wish to see Hollywood virgins” Cowen. These people have decades in television, and you have a newsletter and a history of throwing your colleagues under the bus.”
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Lauren Feiner
Section 230 is on the chopping block (again).

Sens. Dick Durbin (D-IL) and Lindsey Graham (R-SC) introduced a bill to sunset the law that shields social media platforms from being held liable for content moderation, and their users’ posts. Section 230 has long been a target of bipartisan tech critics, but reforming it has proved complicated.

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Lauren Feiner
The House is moving forward with kids online safety more quickly than expected.

A key committee scheduled a markup of 18 bills, including the revised Kids Online Safety Act, for Thursday. That’s just over a week since holding a hearing to first consider the package. After killing KOSA last year, the House may be trying to leave its mark before the holiday break.

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Lauren Feiner
The FTC is convening experts to examine age verification technology.

The agency announced a new workshop on January 28th where it will host academics, industry reps, and advocates to discuss age verification. It comes as Congress and many states have weighed or passed laws meant to protect kids online that would require companies to adopt these kinds of technologies.

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Lauren Feiner
Diminished FTC independence looms over kids safety lawmaking.

Some Democrats on the panel and one witness warn that a politicized and weakened Federal Trade Commission could undermine enforcement of any laws passed. Rep. Yvette Clarke (D-NY) recalls an earlier hearing derailed by the president’s firing of two Democratic commissioners — the subject of a Supreme Court hearing Monday.

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Lauren Feiner
Apple offers its take on app store age verification.

Ahead of the hearing, global head of privacy Hilary Ware shared Apple’s guiding principles for any app store-based age assurance laws with subcommittee leaders. The company may see the writing on the wall as such laws that have swept states are now getting a shot in Congress.

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Lauren Feiner
‘A law that gets struck down protects no one.’

That’s the message from E&C Chair Brett Guthrie (R-KY), defending the gutting of the duty of care in KOSA. It’s also one of the central tensions playing out in today’s hearing: Could KOSA withstand judicial scrutiny with the duty of care? And can a version without it protect kids?

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The Verge
Lauren Feiner
‘This bill has teeth,’ lead House KOSA sponsor defends its overhaul.

I’m in the hearing room where House lawmakers are discussing 19 bills they say will make kids safer online. Subcommittee Chair Gus Bilirakis (R-FL) begins by defending the massive rework of KOSA. “Don’t mistake durability for weakness,” he says. I’ll share more updates in the stream below.

A nationwide internet age verification plan is sweeping Congress

Pinterest announced its endorsement of the federal version of a model that’s already passed in some states.

Lauren Feiner