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DOJ undermines Google in Supreme Court case over who’s responsible for social media posts

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DOJ undermines Google in Supreme Court case over who’s responsible for social media posts

Folks stroll previous a billboard commercial for YouTube on September 27, 2019 in Berlin, Germany.

Sean Gallup | Getty Photos

The Division of Justice warned the Supreme Court docket in opposition to an excessively broad interpretation of a legislation shielding social media corporations from legal responsibility for what customers publish on their platforms, a place that undermines Google’s protection in a case that might reshape the function of content material moderation on digital platforms.

In a quick filed Wednesday led by DOJ Appearing Solicitor Common Brian Fletcher, the company stated the Supreme Court docket ought to vacate an appeals courtroom ruling that discovered Part 230 of the Communications Decency Act protected Google from being liable below U.S. antiterrorism legislation.

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Part 230 permits for on-line platforms to interact in good-faith content material moderation whereas shielding them from being held liable for their customers’ posts. Tech platforms argue it is a crucial safety, particularly for smaller platforms that might in any other case face pricey authorized battles for the reason that nature of social media platforms makes it tough to shortly catch each dangerous publish.

However the legislation has been a hot-button concern in Congress as lawmakers on either side of the aisle argue the legal responsibility protect needs to be drastically restricted. However whereas many Republicans imagine the content material moderation allowances of the legislation needs to be trimmed down to cut back what they allege is censorship of conservative voices, many Democrats as an alternative take concern with how the legislation can shield platforms that host misinformation and hate speech.

The Supreme Court docket case often called Gonzalez v. Google was introduced by members of the family of American citizen Nohemi Gonzalez, who was killed in a 2015 terrorist assault for which ISIS claimed accountability. The go well with alleges Google’s YouTube didn’t adequately cease ISIS from distributing content material on the video-sharing web site to assist its propaganda and recruitment efforts.

The plaintiffs pursued costs in opposition to Google below the Antiterrorism Act of 1990, which permits U.S. nationals injured by terrorism to hunt damages. The legislation was up to date in 2016 so as to add secondary civil legal responsibility to “any one that aids and abets, by knowingly offering substantial help” to “an act of worldwide terrorism.”

Gonzalez’s household claims YouTube didn’t do sufficient to stop ISIS from utilizing its platform to unfold its message. They allege that although YouTube has insurance policies in opposition to terrorist content material, it did not adequately monitor the platform or block ISIS from utilizing it.

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Each the district and appeals courts agreed that Part 230 protects Google from legal responsibility for internet hosting the content material.

Although it didn’t take a place on whether or not Google ought to finally be discovered liable, the DOJ advisable the appeals courtroom ruling be vacated and returned to the decrease courtroom for additional assessment. The company argued that whereas Part 230 would bar the plaintiffs’ claims primarily based on YouTube’s alleged failure to dam ISIS movies from its web site, “the statute doesn’t bar claims primarily based on YouTube’s alleged focused suggestions of ISIS content material.”

The DOJ argued the appeals courtroom was right to seek out Part 230 shielded YouTube from legal responsibility for permitting ISIS-affiliated customers to publish movies because it didn’t act as a writer by enhancing or creating the movies. However, it stated, the claims about “YouTube’s use of algorithms and associated options to advocate ISIS content material require a special evaluation.” The DOJ stated the appeals courtroom didn’t adequately contemplate whether or not the plaintiffs’ claims might benefit legal responsibility below that idea and in consequence, the Supreme Court docket ought to return the case to the appeals courtroom so it could possibly achieve this.

“By the years, YouTube has invested in expertise, groups, and insurance policies to establish and take away extremist content material,” Google spokesperson José Castañeda stated in a press release. “We repeatedly work with legislation enforcement, different platforms, and civil society to share intelligence and finest practices. Undercutting Part 230 would make it tougher, not simpler, to fight dangerous content material — making the web much less secure and fewer useful for all of us.”

Chamber of Progress, an business group that counts Google as one among its company companions, warned the DOJ’s transient invitations a harmful precedent.

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“The Solicitor Common’s stance would hinder platforms’ potential to advocate details over lies, assist over hurt, and empathy over hate,” Chamber of Progress CEO Adam Kovacevich stated in a press release. “If the Supreme Court docket guidelines for Gonzalez, platforms would not be capable to advocate assist for these contemplating self-harm, reproductive well being data for ladies contemplating abortions, and correct election data for individuals who wish to vote. This could unleash a flood of lawsuits from trolls and haters sad in regards to the platforms’ efforts to create secure, wholesome on-line communities.”

WATCH: The messy enterprise of content material moderation on Fb, Twitter, YouTube

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Live news: SingPost shares slump after CEO fired over handling of whistleblower report

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Live news: SingPost shares slump after CEO fired over handling of whistleblower report

While the holiday spirit will dominate the news agenda, there are notable developments to watch across the world, as the three defining themes of 2024 — elections, war and inflation — continue to hum in the background.

On Tuesday, Moldova’s pro-EU president-elect Maia Sandu will attend her inauguration. Her narrow election victory in October, despite alleged Russian meddling in the process, will set the former Soviet country on a path to EU membership.

Maia Sandu © Dumitru Doru/EPA-EFE/Shutterstock

Georgia, on the other hand, will on Sunday swear in Mikheil Kavelashvili to the presidency, a pro-Russian firebrand and Croatia will hold a first-round presidential vote on Sunday.

On Monday, Mozambique’s top court is set to give a verdict on the country’s disputed election in October, while Albanian opposition parties block roads demanding Prime Minister Edi Rama’s resignation

Bank of Japan governor Kazuo Ueda will deliver a speech on Christmas Day. Economists will pore over his words for clues on how president-elect Donald Trump’s tariffs will affect the pace and trajectory of monetary policy.

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UK third-quarter GDP figures will be out on Monday, after months of disappointing economic releases for chancellor Rachel Reeves.

Read more in The Week Ahead

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Who is Sebastian Zapeta? Guatemala migrant set a woman on fire on New York City subway

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Who is Sebastian Zapeta? Guatemala migrant set a woman on fire on New York City subway

A Guatemala migrant has been arrested for allegedly setting a woman on fire and burned to death on a subway train in Brooklyn, New York, early Sunday morning. The incident occurred at the Stillwell Avenue Subway station in Coney Island around 7:30 a.m.

NYPD apprehends suspect after deadly subway attack; community rallies for justice.(Mario Nawfal)

The suspect, identified as 33-year-old Sebastin Zapeta, is believed to have entered the US from Guatemala approximately a year ago. It remains unclear whether he entered the country legally or illegally.

During a press conference Sunday evening, New York Police Department (NYPD) officials, including Police Commissioner Jessica Tisch, explained, “As the train pulled into the station, the suspect calmly walked up to the victim. The female victim was in a seated position.”

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“The suspect used what we believe to be a lighter to ignite the victim’s clothing, which became fully engulfed in a matter of seconds.”

Officers on patrol at the station were alerted to the situation by the smell and sight of smoke. While responding at the scene, they discovered a person inside the train car fully engulfed in flames. The fire was extinguished with assistance from an MTA employee using a fire extinguisher. The victim was pronounced dead at the scene.

Elon Musk and Mayor Eric Adams condemns subway attack

Zapeta remained at the scene after the incident. He was found seated on a bench outside the train car. Body-worn cameras worn by responding officers captured clear footage of the suspect. Tisch noted, “Body-worn cameras on the responding officers produced a clear and detailed look at the killer.”

Following the release of the suspect’s description and photographs to the public, three high school students recognized the man and called 911. Transit officers confirmed the description and located the suspect on a moving train. The train was stopped at the next station, where officers boarded, identified the man, and arrested him without further incident.

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New York City Mayor Eric Adams expressed his condolences to the victim’s family, calling the attack a “senseless killing.”

“Grateful to the young New Yorkers and transit officers who stepped up to help our NYPD make a quick arrest following this morning’s heinous and deadly subway attack. This type of depraved behaviour has no place in our subways, and we are committed to working hard to ensure there is swift justice for all victims of violent crime.”

Tesla boss Elon Musk also took to X (formerly Twitter) to express his frustration. “Enough is enough,” he posted, along with the Guatemala migrant’s subway CCTV shot.

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Trump names Treasury adviser from first term to chair economic panel

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Trump names Treasury adviser from first term to chair economic panel

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Donald Trump has tapped Stephen Miran, an economist who served during his first term, to chair his Council of Economic Advisers.

With the nomination, the president-elect is seeking to elevate to a White House economic post not only a critic of Federal Reserve chair Jay Powell but one who has accused the Biden administration of manipulating the economy and “usurping” the central bank’s role.

“Steve will work with the rest of my Economic Team to deliver a Great Economic Boom that lifts up all Americans,” Trump said in a statement on Sunday.

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Miran was a senior adviser for economic policy at the Treasury department in the first Trump administration.

Currently a senior strategist at hedge fund Hudson Bay Capital Management, he said he was honoured. “I look forward to working to help implement the President’s policy agenda to create a booming, noninflationary economy that brings prosperity to all Americans!” he posted on X.

The White House Council of Economic Advisers is a three-person group that advises the president on economic policy.

Trump has threatened US trading partners, vowing to impose sweeping tariffs, including 25 per cent levies on goods from Mexico and Canada and 10 per cent on China’s imports, on his first day in office.

On the campaign trail, Trump vowed to impose blanket levies of 20 per cent on all US imports, as well as tariffs of 60 per cent on those from China, suggesting his second-term policies could be more protectionist and disruptive to the global economy and markets than his first.

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The president-elect has also pledged to renew tax cuts he enacted during his first spell in the White House.

Earlier this year, Miran co-wrote a paper accusing Biden’s Treasury department of manipulating the economy during the election, arguing the government’s dependence on short-term debt amounted to “stealth quantitative easing and impedes the Fed’s ability to fight inflation.

“By adjusting the maturity profile of its debt issuance, Treasury is dynamically managing financial conditions and, through them, the economy, usurping core functions of the Federal Reserve”, he wrote with economist Nouriel Roubini.

“We dub this novel tool ‘activist Treasury issuance,’ or ATI. By manipulating the amount of interest-rate risk owned by investors, ATI works through the same channels as the Fed’s quantitative easing programs.”

In FT Alphaville last year, Miran co-authored a piece warning against the perils of a two-tier bond market, which “would impair Treasuries’ ability to serve as risk-free collateral underpinning the global financial system” and bring to the US the chaos of a defaulting emerging economy.

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Miran has also hit out at Powell for urging more aggressive fiscal and monetary stimulus in October 2020, about a month before that year’s election, to aid the economic recovery amid the Covid-19 pandemic.

“Powell was wrong politically and economically when he urged Congress to ‘go big’ on fiscal stimulus in October of 2020, on the eve of a Presidential election, suggesting that voters favour Democrats’ $3 trillion proposals over Republicans’ $500 billion”, Miran wrote on X in September. “We know what happened next.”

Miran must be confirmed by the US Senate.

Last month, Trump named Kevin Hassett as chair of the National Economic Council.

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