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Congress Goes Parental on Social Media and Your Privacy

Washington has finally found a monster big enough for bipartisan unity: the attention economy. In a moment of rare cross-aisle cooperation, lawmakers have introduced two censorship-heavy bills and a tax scheme under the banner of the UnAnxious Generation package.

The name, borrowed from Jonathan Haidt’s pop-psychology hit The Anxious Generation, reveals the obvious pitch: Congress will save America’s children from Silicon Valley through online regulation and speech controls.

Representative Jake Auchincloss of Massachusetts, who has built a career out of publicly scolding tech companies, says he’s going “directly at their jugular.”

The plan: tie legal immunity to content “moderation,” tax the ad money, and make sure kids can’t get near an app without producing an “Age Signal.” If that sounds like a euphemism for surveillance, that’s because it is.

The first bill, the Deepfake Liability Act, revises Section 230, the sacred shield that lets platforms host your political rants, memes, and conspiracy reels without getting sued for them.

Under the new proposal, that immunity becomes conditional on a vague “duty of care” to prevent deepfake porn, cyberstalking, and “digital forgeries.”

TIME’s report doesn’t define that last term, which could be a problem since it sounds like anything from fake celebrity videos to an unflattering AI meme of your senator. If “digital forgery” turns out to include parody or satire, every political cartoonist might suddenly need a lawyer on speed dial.

Auchincloss insists the goal is accountability, not censorship. “If a company knows it’ll be liable for deepfake porn, cyberstalking, or AI-created content, that becomes a board-level problem,” he says. In other words, a law designed to make executives sweat.

But with AI-generated content specifically excluded from Section 230 protections, the bill effectively redefines the internet’s liability protections.

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We Must Resist The Rise Of A Global Censorship Regime

The ordeal of Finnish Parliamentarian Päivi Räsänen, who just stood trial a third time – after being acquitted twice – for a 2019 tweet in which she simply shared a Scripture verse and her faith-based views on marriage and sexuality, is a warning to all who value the right to speak freely across the world.

When governments claim the power to police opinions, even peaceful expressions of faith can be dragged through the courts.

And now this promises to be a much more pervasive reality in Europe as a result of the 2022 Digital Services Act (DSA). Ahead of the European Union’s review of the DSA, 113 international experts committed to free speech wrote to the European Commission highlighting the law’s incompatibility with free expression, citing the possibility of worldwide takedown orders. Räsänen was a signatory to the letter, alongside a former vice president of Yahoo Europe, a former U.S. senator, and politicians, academics, lawyers, and journalists from around the globe.

The DSA gives the E.U. authority to enforce moderation of “illegal content” on platforms and search engines with over 45 million monthly users. It enables bureaucrats to control online speech at scale under the guise of “safety” and “protecting democracy.”

However, E.U. member states may have different definitions of illegal content. Thus, under the law, anything deemed illegal under the speech laws of any one E.U. member state could potentially be removed across all of Europe. That means the harshest censorship laws in Europe could soon govern the entire continent, and possibly the internet worldwide. And if platforms fail to comply, they face billions in fines, thus providing clear incentive to censor and none to promote free speech.

Late last month, the E.U. announced that Meta and TikTok will face fines of up to 6 percent of their global sales for accusations of violating the DSA on matters related to transparency. But the well-founded fear is that this law—which grants sweeping authority to European regulators to control online speech across such platforms—including X, YouTube, and Facebook—will enable the kind of censorship endured by Räsänen on a global scale.

Further, citizens in countries outside of the E.U., like the United States, are at risk of facing new levels of censorship, because the DSA applies to large online digital platforms and search engines accessed within the E.U. but that have a global presence. It explicitly states its extraterritorial applicability as it covers platforms used by people “that have their place of establishment or are located in the Union, irrespective of where the providers of those intermediary services [the platforms] have their place of establishment.”

Platforms are incentivized to adapt their international content moderation policies to E.U. censorship. If those platforms deem something “illegal” under E.U. rules, that content may be banned everywhere, even in countries with strong free speech protections.

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UK Ofcom Pushes Rules Targeting “Misogynistic” Content, Prompting (Even More) Free Speech Concerns

Britain’s communications regulator, Ofcom, has unveiled a new framework urging social media and technology companies to censor so-called “misogynistic” content as part of its A Safer Life Online for Women and Girls campaign.

The initiative, framed as an effort to protect women from online abuse, further weakens the distinction between “harmful” conduct and lawful expression, a tension Ofcom itself acknowledges in its own documentation.

The regulator’s new guidance encourages platforms to adopt a wide range of “safety” measures, many of which would directly influence what users can post, see, and share.

These include inserting prompts that nudge users to “reconsider” certain comments, suppressing “misogynistic” material in recommendation feeds and search results, temporarily suspending users who post repeated “abuse,” and de-monetizing content flagged under this category.

Moderators would also receive special training on “gender-based harms,” while posting rates could be throttled to slow the spread of unwanted speech.

Ofcom’s document also endorses the use of automated scanning systems like “hash-matching” to locate and delete non-consensual intimate imagery.

While intended to prevent the circulation of explicit photos, such systems typically involve the mass analysis of user uploads and can wrongly flag legitimate material.

Additional proposals include “trusted flagger” partnerships with NGOs, identity verification options, and algorithmic “friction” mechanisms, small design barriers meant to deter impulsive posting.

Some of the ideas, such as warning prompts and educational links, are voluntary.

Yet several major advocacy groups, including Refuge and Internet Matters, are pressing for the government to make them binding on all platforms.

If adopted wholesale, these measures would effectively place Ofcom in a position to oversee the policing of legal speech, with tech firms acting as its enforcement arm.

In a letter announcing the guidance, Ofcom’s Chief Executive Melanie Dawes declared that “the digital world is not serving women and girls the way it should,” describing online misogyny and non-consensual deepfakes as pervasive problems that justify immediate “industry-wide action.”

She stated that Ofcom would “follow up to understand how you are applying this Guidance” and publish a progress report in 2027.

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EU Council Approves New “Chat Control” Mandate Pushing Mass Surveillance

European governments have taken another step toward reviving the EU’s controversial Chat Control agenda, approving a new negotiating mandate for the Child Sexual Abuse Regulation in a closed session of the Council of the European Union on November 26.

The measure, presented as a tool for child protection, is once again drawing heavy criticism for its surveillance implications and the way it reshapes private digital communication in Europe.

Unlike earlier drafts, this version drops the explicit obligation for companies to scan all private messages but quietly introduces what opponents describe as an indirect system of pressure.

It rewards or penalizes online services depending on whether they agree to carry out “voluntary” scanning, effectively making intrusive monitoring a business expectation rather than a legal requirement.

Former MEP Patrick Breyer, a long-standing defender of digital freedom and one of the most vocal opponents of the plan, said the deal “paves the way for a permanent infrastructure of mass surveillance.”

According to him, the Council’s text replaces legal compulsion with financial and regulatory incentives that push major US technology firms toward indiscriminate scanning.

He warned that the framework also brings “anonymity-breaking age checks” that will turn ordinary online use into an exercise in identity verification.

The new proposal, brokered largely through Danish mediation, comes months after the original “Chat Control 1.0” regulation appeared to have been shelved following widespread backlash.

It reinstates many of the same principles, requiring providers to assess their potential “risk” for child abuse content and to apply “mitigation measures” approved by authorities. In practice, that could mean pressure to install scanning tools that probe both encrypted and unencrypted communications.

Czech MEP Markéta Gregorová called the Council’s position “a disappointment…Chat Control…opens the way to blanket scanning of our messages.”

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The GRANITE ACT: Wyoming Bill Targets Foreign Censors With $10M Penalties

The first cannon shot in a new kind of free speech war came not from Washington or Silicon Valley, but from Cheyenne. Wyoming Representative Daniel Singh last week filed the Wyoming GRANITE Act.

The “Guaranteeing Rights Against Novel International Tyranny & Extortion Act,” passed, would make Wyoming the first state to let American citizens sue foreign governments that try to police what they say online.

The bill traces back to a blog post by attorney Preston Byrne, the same lawyer representing 4chan and Kiwi Farms in their battles against censorship-driven British regulators.

Byrne’s idea was simple: if the UK’s Ofcom or Brazil’s Alexandre de Moraes wanted to fine or threaten Americans over online speech, the US should hit back hard.

Exactly one month after that idea appeared on his blog, it’s now inked into Wyoming legislative paperwork.

Byrne said:

“This bill has a long way to go until it becomes a law, it’s got to make it through legislative services, then to Committee, and then get introduced on the floor for a vote, but the important thing is, the journey of this concept, the idea of a foreign censorship shield law which also creates a civil cause of action against foreign censors, into law has begun.”

That “journey” may be the kind of slow procedural trudge that usually kills most ideas in committee, but the intent here is anything but mild, and, with the growing threat of censorship demands from the UK, Brazil, Europe, and Australia, there is a lot of momentum here to fight back.

“For the first time, state legislators are moving to implement rules that will allow U.S. citizens to strike back, hard, against foreign countries that want to interfere with Americans’ civil rights online,” Byrne continued.

The Act would let American citizens and companies sue foreign governments or their agents for trying to censor them, and, crucially, it strips away the usual escape hatch of sovereign immunity.

In its legal filing responding to the 4chan and KiwiFarms lawsuit, Ofcom insisted it has “sovereign immunity” and told the court there were “substantial grounds” for throwing out the case on that basis.

The regulator’s lawyers framed Ofcom as a protected arm of the British state, immune from civil claims even when its decisions target a platform based entirely inside the United States.

Ofcom treats the idea of “sovereign immunity” as something substantial but the First Amendment as something that does not exist at all.

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