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Communications
Terrorism
- The Advocacy of Terrorism on the Internet Freedom of Speech Issues and the Material Support Statutes
9/816 – R44626
This report discusses relevant precedent concerning the extent to which advocacy of terrorism may be restricted in a manner consistent with the First Amendment’s Freedom of Speech Clause. The report also discusses the potential application of the federal ban on the provision of material support to foreign terrorist organizations (FTOs) to the advocacy of terrorism, including as it relates to the dissemination of such advocacy via online services like Twitter or Facebook.
Liability
- Liability for Content Hosts An Overview of the Communication Decency Act’s Section 230
6/6/19 – LSB10306
This report provides an overview for Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996 (CDA), which broadly protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content. The report includes legislative history, interpretations, and considerations for Congress. - Sidewalks, Streets, and Tweets Is Twitter a Public Forum
5/30/18 – LSB10141
This report discusses Twitter as a public forum in the context of the Knight First Amendment Institute vs Trump case. The ability of public officials to restrict private speech on Twitter may be of particular interest to Congress, given that almost all Members now have a Twitter account. - UPDATE Sidewalks, Streets, and Tweets Is Twitter a Public Forum 2018
6/5/18 – LSB10141
Update: The government filed a notice of appeal on June 4, 2018, indicating its intent to appeal the trial court’s decision to the U.S. Court of Appeals for the Second Circuit. The attorneys representing the blocked Twitter users have reported that seven of their clients “have been unblocked from the @realDonaldTrump Twitter account.” - UPDATE Sidewalks, Streets, and Tweets Is Twitter a Public Forum 2019
7/9/19 – LSB10141
Update: On July 9, 2019, the U.S. Court of Appeals for the Second Circuit issued a decision affirming the trial court’s ruling described below. In its opinion, the appellate court concluded that the President had essentially converted the private @realDonaldTrump Twitter account into a government account by using it for official business. The court further held that the President had opened up the “interactive space” of that platform as a public forum for purposes of the First Amendment by making the account’s “interactive features accessible to the public without limitation.” Consequently, because the First Amendment prohibits viewpoint discrimination in public forums, the court concluded that the President acted unlawfully when he blocked users from these interactive spaces on the basis of the users’ viewpoints.
Regulation
- Facebook’s $5 Billion Privacy Settlement with the Federal Trade Commission
8/8/19 – LSB10338
This report discusses the FTC’s settlement order with Facebook where if approved, Facebook will be required to pay $5 billion civil penalty and alter it’s corporate management structure. Background, an outline of allegations and remedies, as well as considerations for Congress are included. - Free Speech and the Regulation of Social Media Content
3/27/19 – R45650
This report discusses whether Congress should regulate social media sites or whether government regulation infringes on First Amendment rights. The report highlights three ways to analyze governmental restrictions on social media site’s ability to moderate user content. - Friended but not friends_Fed Ethics Authorities Address Role of Social Media in Politics
4/12/16
This report examines the rules that govern acceptance of gifts by government employees and how social media and the concept of being “friends” on a social media network effect the personal friendship clause of the gift ethics rules. - Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age
4/13/16 – R44469
This report examines the history of regulation of federal employees’ partisan political activity under the Hatch Act and related federal regulations. It discusses the scope of the application of these restrictions to different categories of employees and provides a background analysis of the general restrictions currently in place. Finally, it analyzes potential issues that have arisen and interpretations that have been offered related to the application of these restrictions to new platforms of activity, for example, email, social media, and telework. - Regulating the U.S. Campaign Environment Politics and Policy
4/2/18 – IN10878
This report addresses questions such as “what is the connection between the U.S. campaign environment, or campaign conduct, and public policy? Are recent concerns about regulating campaigns historically unique” The report provides a brief discussion that may be relevant as Congress considers legislation or oversight responding to the 2016 election cycle and preparing for 2018.
Trust and Security
- Antitrust and “Big Tech”
9/11/19 – R45910
This report provides an overview of antitrust laws involving the “Big Four” – Google, Amazon, Facebook, and Apple. It starts with an outline of the aspects of antitrust doctrine that are most likely to play a central role in the DOJ and FTC investigations. Next, the report discusses the application of this doctrine to each of the Big Four. Finally, it concludes with an examination of policy options related to the promotion of digital competition. - Data, Social Media, and Users Can We All Get Along
4/4/18 – IN10879
This report examines policy issues surrounding the Cambridge Analytica data breach/misuse of Facebook and provides recommendations for Congress. While this event has started discussions on election security and social media company requirements to report advertising, this report addresses data security concerns without discussing the impacts or consequences of data use. - Encryption Selected Legal Issues
3/3/16 – R44407
This report first provides background to the ongoing encryption debate, including a primer on encryption basics and an overview of Apple, Google, and Facebook’s new encryption policies.
