Last month, Justice Charles D. Wood of the Westchester County Supreme Court issued a controversial order blocking The New York Times from publishing or seeking various documents related to Project Veritas. The Times had published an article on Nov. 11, 2021 that discussed the group’s journalistic practices, along with an investigation by the Department of Justice concerning the potential theft by Project Veritas of President Biden’s daughter Ashley’s diary. The article also mentioned a separate defamation case against the Times that Project Veritas had initiated in 2020, based on coverage of a video the group had released alleging voter fraud related to the campaign of Rep. Ilhan Omar (D-Minn).
Times Executive Editor Dean Baquet commented that “[t]his ruling is unconstitutional and sets a dangerous precedent. When a court silences journalism, it fails its citizens and undermines their right to know. The Supreme Court made that clear in the Pentagon Papers case, a landmark ruling against prior restraint blocking the publication of newsworthy journalism. That principle clearly applies here. We are seeking an immediate review of this decision.”
Continue reading “Fifteen Days in June: The Inside Story of the Pentagon Papers Case”
Among the key provisions of the trillion-dollar Infrastructure Investment and Jobs Act (aka the Bipartisan Infrastructure Deal) signed into law by President Joe Biden on Monday, Nov. 15, is $65 billion that will be dedicated to improving access to reliable high-speed Internet. This will include both increased availability of broadband to more than 30 million Americans who do not have minimally acceptable broadband speeds, and assistance in lowering prices for Internet services so that more households can afford better Internet service.
This new law aimed at closing the digital divide also should be used to close the digital privacy divide – the gap between more personal information being stored and shared and the level of privacy protection for online users that is provided to them.
Continue reading “Invest in Better Digital Privacy Protection Along With Faster Broadband Speeds”
Pity the plight of poor Anthony Comstock. The man H.L. Mencken described as “the Copernicus of a quite new art and science,” who literally invented the profession of anti-obscenity crusader in the waning days of the 19th century, ultimately got, as legendary comic Rodney Dangerfield would say, “no respect, no respect at all.”
As head of the New York Society for the Suppression of Vice and special agent for the U.S. Post Office under a law that popularly bore his name, Comstock was, in Mencken’s words, the one “who first capitalized moral endeavor like baseball or the soap business, and made himself the first of its kept professors.”
Continue reading “The Censor’s Dilemma”
The First Amendment is one of the cornerstone principles that define this nation. There is no such thing as freedom if we cannot speak freely.
Today, however, our nation seems less interested in protecting free speech than at any time I can recall. Major advocates of free speech like the ACLU are wavering in their support of our First Amendment, and lawmakers on both sides of the aisle are fighting for the government to censor online speech.
Continue reading “Attacking Free Speech Doesn’t Just Hurt Tech: America Must Stay True to Its First Amendment Principles”
The use of facial recognition systems powered by algorithms and software continues to raise controversy given their potential use by law enforcement and other government agencies. For over a decade, the Department of Commerce’s National Institute for Standards and Technology (NIST) has evaluated facial recognition to identify and report gaps in its capabilities. Its most recent report in 2019 quantified the effect of age, race, and sex on facial recognition accuracy.
The greatest discrepancies that NIST measured were higher false-positive rates in women, African Americans, and particularly African American women. It noted, “False positives might present a security concern to the system owner, as they may allow access to impostors. False positives also might present privacy and civil rights and civil liberties concerns such as when matches result in additional questioning, surveillance, errors in benefit adjudication, or loss of liberty.”
Continue reading “A Third-Way Approach to Regulating Facial Recognition Systems”
Our nation’s momentum toward accelerated COVID-19 vaccine distribution is fully apparent. President Joe Biden has publicly urged state governments to make every adult in the U.S. eligible for a vaccine by May 1.
With this fast-track schedule, increasing attention now should be focused on how Americans will be able to digitally verify their vaccine completion status, not only for travel abroad but possibly even to get into local sporting events, theaters, hotels, or cruise ships.
Continue reading “Digital COVID Vaccine Passports Should Be Antitrust-Exempt”
One of the major unresolved issues in crafting comprehensive federal digital privacy legislation has carried over from last year to the current 117th Congress. This regards whether current or future state privacy laws should be preempted so that there only will be one uniform national set of enforceable rules regarding the collection, storage, and transmission of personally identifiable information.
A one-size-fits-all approach makes intuitive sense since online services and social media are not confined to traditional geographic boundaries. And absent a fully federal approach, there is the possibility that digital companies will be faced with a crazy-quilt pattern of regulatory compliance, increasing both their potential legal liability and the cost of doing business. In short, this is a scenario for Plan A.
Perhaps the most distasteful national omelet we’ve been served during the past four years has been the one that has mixed together an unsavory combination of three ingredients: fake news, misinformation, and disinformation.
While many express growing concerns and look for ways to deal with them, that may be difficult – if not impossible – as long as we use these terms without any agreed-upon definitions that set useful boundaries and are easy to understand among the public at large. The alternative is to continue repeating the mantra “fake news-misinformation- disinformation” so often that it loses meaning, or using the terms interchangeably so that they become permanently blurred in our minds.
Continue reading “Guardrails for Describing Fake News, Misinformation, and Disinformation”
With COVID-19 and economic recovery at the top of the policy agenda for the Biden Administration and the new Congress, it may take awhile until serious attention is devoted to enacting national digital privacy legislation. This continues to put states in a leadership position to craft their own approaches. Florida, Minnesota, New York, North Dakota, Oklahoma, and Washington are among the states that are in the process of developing their own bills for timely legislative approval.
And Virginia’s pending Consumer Data Protection Act is poised to be signed into law by Gov. Ralph Northam, after receiving very strong bipartisan support in both the Virginia House and the state Senate.
Continue reading “Digital Privacy Laws Should Reflect Our Work-From-Home Pandemic Lives”
The resumption of daily press briefings by the new White House press secretary, Jen Psaki, has brought back a welcomed routine of making the president’s chief spokesperson available for informational updates and responses to questions posed by various reporters in the press corps. Ms. Psaki typically holds these weekday sessions in the early afternoon and they can be viewed on a variety of websites.
With that scheduling constant now in place, it’s time for the Biden Administration to devise a separate social media schedule for COVID-19 updates to help minimize the tsunami of misinformation about testing, PPE availability, mandated mask orders, vaccine supply, and actual vaccinations. These updates should be based on actual data and science, not on rumors or speculation. And when sufficient information is not yet forthcoming, we should be told why it has not been released and when it may be made public.
Continue reading “Greater Social Media Trust Is Needed To Fight COVID-19”