The Cyberlaw Podcast is again from August hiatus, and the theme of our first episode is how different international locations are utilizing the worldwide success of U.S. know-how to impose their priorities on the U.S. Our greatest proof is the EU’s Digital Providers Act, which took impact final month.
Michael Ellis spells out a number of of the Act’s sweeping modifications in how U.S. tech firms should function – nominally in Europe however as a sensible matter within the U.S. as properly. The biggest social media platforms will likely be closely regulated, with restrictions on their content material curation algorithms and a requirement that they promote authorities content material when governments declare a disaster. Different social media may also be topic to heavy content material regulation, corresponding to a transparency mandate for choices to demote or ban content material and a requirement that they reply promptly to takedown requests from “trusted flaggers” of Dangerous Speech. Trying to find a silver lining, I level out that most of the transparency and due course of necessities are issues that Texas and Florida have advocated over the objections of Silicon Valley firms. Compliance with the EU Act will undercut the Massive Tech claims prone to be made within the Supreme Courtroom this Time period, notably that such transparency is not doable.
Cristin Flynn Goodwin and I be aware that China’s on-again off-again regulatory enthusiasm is off once more. Chinese language officers are doing their finest to ease Western corporations’ issues about China’s new knowledge safety regulation necessities. Much more outstanding, China’s AI regulatory framework was watered down in August, shifting away from the EU mannequin and towards a U.S./U.Okay. moral/voluntary method. For now.
Cristin additionally brings us up to the mark on the SEC’s rule on breach notification. The quick model: The rule will make sense to anybody who’s ever stopped placing out a kitchen hearth to name their insurer to allow them to know a declare could also be coming.
Nick Weaver brings us updated on cryptocurrency and the regulation. Quick model: Cryptocurrency had one victory, which it in all probability deserved, within the Grayscale case, and a sequence of devastating losses over Twister Money, as a court docket rejected Twister Money’s declare that its coders and attorneys had discovered a gap in Treasury’s Workplace of Overseas Belongings Management (“OFAC”) regime, and the Justice Division indicted the prime movers in Twister Money for conspiracy to launder North Korea’s stolen loot. Here is Nick’s view in print.
Simply to indicate that the EU is not the one jurisdiction that may use the worldwide attain of U.S. tech to undermine U.S. tech coverage, China managed to kill Intel’s acquisition of Tower Semiconductor by slowrolling its competitors authority’s overview of the deal. I see an eerie parallel between the Chinese language aspirations of federal antitrust enforcers and people of the Christian missionaries we despatched to China within the Twenties.
Michael and I talk about the belated leak of the nationwide safety negotiations between CFIUS and TikTok. After pertaining to substance (there have been no actual surprises within the draft), we flip to the extra attention-grabbing questions of who leaked it and whether or not the hassle to curb TikTok is lifeless.
Nick and I discover the outstanding affect of the struggle in Ukraine on drone know-how. It could change the course of struggle in Ukraine (or, certainly, a struggle over Taiwan), Nick thinks, nevertheless it additionally implies that Joe Biden could be the final President to stroll in sunshine whereas in workplace. (And if you happen to’ve acquired area in D.C. and need to hear Nick’s provocative ideas on the subject, he will likely be on the town subsequent week, and keen to present his educational discuss: “Dr. Strangedrone, or How I Discovered to Cease Worrying and Love the Slaughterbots”.)
Cristin, Michael and I dig into one other August coverage initiative, the outbound funding overview govt order. Given its lengthy delays and halting rollout, I recommend that the Treasury’s Advance Discover of Proposed Rulemaking (ANPRM) on the subject ought to actually be seen as an Ambivalent Discover of Proposed Rulemaking.
Lastly, I recommend that autonomous automobiles might lastly have turned the nook to success and rollout, now that they are getting used as shifting hookup pads and (maybe not coincidentally) being authorized to supply 24/7 robotaxi service in San Francisco. Nick’s not able to agree, however we do discover frequent floor in criticizing a research claiming bias in the way in which autonomous automobiles establish pedestrians.
Obtain 470th Episode (mp3)
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