Month: September 2023

The Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution.

The justices will review laws enacted by Republican-dominated legislatures and signed by Republican governors in Florida and Texas. While the details vary, both laws aim to prevent social media companies from censoring users based on their viewpoints.

The court’s announcement, three days before the start of its new term, comes as the justices continue to grapple with how laws written at the dawn of the digital age, or earlier, apply to the online world.

The justices had already agreed to decide whether public officials can block critics from commenting on their social media accounts, an issue that previously came up in a case involving then-President Donald Trump. The court dismissed the Trump case when his presidential term ended in January 2021.

Separately, the high court also could consider a lower-court order limiting executive branch officials’ communications with social media companies about controversial online posts.

The new case follows conflicting rulings by two appeals courts, one of which upheld the Texas law, while the other struck down Florida’s statute. By a 5-4 vote, the justices kept the Texas law on hold while litigation over it continues.

But the alignment was unusual. Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, Brett Kavanaugh and Amy Coney Barrett voted to grant the emergency request from two technology industry groups that challenged the law in federal court.

Justices Clarence Thomas, Samuel Alito, Elena Kagan and Neil Gorsuch would have allowed the law to remain in effect. In dissent, Alito wrote, “Social media platforms have transformed the way people communicate with each other and obtain news.”

Proponents of the laws, including Republican elected officials in several states that have similar measures, have sought to portray social media companies as generally liberal in outlook and hostile to ideas outside of that viewpoint, especially from the political right.

The tech sector warned that the laws would prevent platforms from removing extremism and hate speech.

Without offering any explanation, the justices had put off consideration of the case even though both sides agreed the high court should step in.

The justices had other social media issues before them last year, including a plea the court did not embrace to soften legal protections tech companies have for posts by their users.
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On the sidelines of the 78th United Nations General Assembly in New York last week, Taiwan’s Minister of Digital Affairs Audrey Tang delivered a speech at the Concordia Annual Summit on digital democracy and artificial intelligence. VOA spoke with Tang about how AI might help break through China’s censorship and the challenges and opportunities the technology brings to global democracy.

This interview has been edited for clarity and brevity.

VOA: You mentioned the concept of AI governance in your speech. In addition to being applied to democratic countries, can this concept also be applied to totalitarian countries?

Taiwan Minister of Digital Affairs Audrey Tang: From 2010 to 2012 and 2013, consultative democracy was also studied in some places in the CCP [Chinese Communist Party], but not at the central level. Later, including freedom of the press, assembly, association and expression, all aspects were restricted. If you look at the papers, there have been very few studies promoting consultative democracy through the internet in recent years. Conceptually and theoretically, if we look at the situation in 2000, it seemed possible. But if we look at the situation in recent years, there seems to be no research on this. Maybe the premise is freedom of the press, and people must fully understand what the truth is. Regardless of consultation or deliberation, this foundation is needed. If freedom of the press is deprived, it will not be easy to develop further.

VOA: What do you think of the potential and limitations of artificial intelligence in China?

Tang: Artificial intelligence technology can turn public information on the entire Internet into material. After the [open-source] model is successfully created, it can actually be saved on a USB flash drive. Anyone can run this model on a laptop or personal computer, which greatly challenges censorship. In the past, as long as a comprehensive totalitarian government guarded access to Google, Wikipedia or other websites, it would make it difficult for their people to get the truth. But now, as long as netizens can get the [open-source] language models on a flash drive … they will no longer need an internet connection, and they can always find out what happened and when exactly did it happen.

VOA: Former White House deputy national security adviser Matt Pottinger has proposed punching holes in China’s Great Firewall. Is that possible?

Tang: If the holes are temporary, they will be repaired once people find them. The language models I just mentioned don’t mean that there needs to be holes continuously, but that if there is a certain way to send information in, there is no need to connect to the outside anymore. The bad use is that if a Trojan horse is sent in, there is no need to control the computer anymore, and it can conduct network attacks by itself. This is a bad use. But there is another use, which is to send in the truth, and after that, it can even tell the users in the interactive Q&A format, including showing contemporaneous photos and videos from the time.

VOA: Does your upbringing and way of thinking help you with your current work?

Tang: I am nonbinary not only in terms of gender but also in terms of ideology. Many people have to make choices, such as the left and the right [politically]. For me, they all coexist. I don’t particularly feel I’m very close to or very far from half of the people because they are rightists or leftists. I don’t think that way. Everyone is at the same distance. If I can’t understand the ideas of a certain side, I will feel I’m not plural enough, and I should be in touch with them more.
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