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Society & Culture
Virtual Legality Episode 237

Section 230 Executive Order! A Lawyer Reviews Trump's Plan (Draft)

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1y May 28, 2020
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NOTE: The document reviewed in this video is a draft of the executive order issued by the President on these topics. Additional commentary related to the final version is pinned as the first comment to this video, and our formal follow-up video can be found at https://youtu.be/gmBGFVUjCaI

When Twitter decided to add a "fact check" to one of President Trump's latest tweets (on the possibility of mail-in voting fraud), it opened up a huge debate that ended in the President promising to draft and enforce an executive order (EO) to "regulate" social media entities and the Internet.

Now we have that executive order (in draft form).

What does the order purport to do?

How does it get CDA 230 CDA wrong, and what impact will that have?

How does it involve the FTC and the States Attorneys General?

And what does it mean for the future of the Internet?

We dive into the fanciful, sci-fi world of Captain EO...in Virtual Legality.

#President #EO #CDA230


Discussed in this episode:

"Here’s Trump’s Executive Order."
Tweet - May 28, 2020 - Jacob Ward (@byjacobward)
https://twitter.com/byjacobward/status/1265864271138828289

"There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent."
Tweet - May 26, 2020 - Donald J. Trump (@realDonaldTrump)
https://twitter.com/realDonaldTrump/status/1265255835124539392

"Trump makes unsubstantiated claim that mail-in ballots will lead to voter fraud"
Twitter Events Link
https://twitter.com/i/events/1265330601034256384

"Civic integrity policy"
Twitter Help Center
https://help.twitter.com/en/rules-and-policies/election-integrity-policy

"Trump preparing order targeting social media protections"
Associated Press - May 28, 2020
https://apnews.com/fc30f9ebdff9d3d33a870e7374f8ffa6

"So, since a number of people have asked me, let's go through the thought experiment together."
Tweet - May 27, 2020 - Richard Hoeg (@Hoeg Law)
https://twitter.com/HoegLaw/status/1265831119020228610

"Preventing Online Censorship"
Draft Executive Order
https://kateklonick.com/wp-content/uploads/2020/05/DRAFT-EO-Preventing-Online-Censorship.pdf

"Protection for private blocking and screening of offensive material"
47 USC 230 (CDA 230)
https://www.law.cornell.edu/uscode/text/47/230

"PACKINGHAM v. NORTH CAROLINA"
SCOTUS - Decided June 19, 2017
https://www.supremecourt.gov/opinions/16pdf/15-1194_08l1.pdf

"Supreme Court last chance for Trump to block Twitter critics"
Associated Press - March 23, 2020
https://www.nydailynews.com/news/politics/ny-trump-twitter-us-supreme-court-20200323-pdk2pxg3yfht5bwjdwlu7nepfm-story.html

"Unfair methods of competition unlawful; prevention by Commission"
15 USC 45
https://www.law.cornell.edu/uscode/text/15/45

"Defending and respecting the rights of people using our service"
Twitter Help Center
https://help.twitter.com/en/rules-and-policies/defending-and-respecting-our-users-voice


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
0:00 Introduction
2:34 The President Gets Fact Checked
9:30 Hoeg's Anticipated EO Approach
13:38 The Executive Order (Draft)
14:12 "Section 1. Policy"
19:48 "Section 2. Arbitrary Restrictions" (CDA Section 230)
31:40 "Section 3. Prohibitions on Spending"
32:55 "Sections 4 and 5. False Advertising and the FTC"
41:00 Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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