Publishers or platforms—the Executive Order would like some clarity. Hong Kong's eclipse.

Summary

By the CyberWire staff

At a glance.

Executive Order on Preventing Online Censorship.
Business implications of China's extension of national security law to Hong Kong.

President Trump signs Executive Order concerning social media.

Yesterday US President Trump signed an Executive Order on Preventing Online Censorship intended to address ways in which social media are applying "selective censorship that is harming our national discourse." It addresses Section 230 of the Communications Decency Act, which affords civil liability protection to online service providers that act as "neutral platforms" as opposed to "editors." The Secretary of Commerce will lead a "petition for rulemaking" to clarify Section 230. Federal agencies will evaluate spending on platforms that engage in "viewpoint discrimination," and the Federal Trade Commission will investigate unfair trade practices related to content moderation.

Among the points that stand out in the order are its observation that the protections in Section 230 were designed, narrowly, to provide certain protection for minors. It also emphasizes the Act’s provision that restrictions on content be done in “good faith.” And it asks the Federal Trade Commission to take a close look at social media companies’ outsourcing of content moderation to third-parties that themselves arguably engage in viewpoint discrimination.

The Order is widely viewed as a response to the President's recent experiences with Twitter. At issue is the difficult question of what counts as a neutral supplier of a service and what counts as being a publisher with responsibility for content. Thus should Facebook, Instagram, and Twitter be treated like sellers of newsprint or like newspapers, like a telephone company or like a television station.

Business implications of China's extension of national security law to Hong Kong.

Hong Kong will resist imposition of Chinese national security law, an essay in Foreign Policy argues, but this is thought unlikely to prevent the quasi-independent city's full integration into the Chinese system. This means not only the foreseeable bad news for human rights and legal protections in the city, but as the Federal News Network observes, also a significant diminution of the outsized role Hong Kong plays in international trade.

Selected Reading

America rethinks its strategy in the Wild West of cyberspace (The Economist) The challenge of defence in the world’s most lawless battlefield

Beijing Has Lit Hong Kong’s Funeral Pyre (Foreign Policy) Hong Kongers will fight the imposition of mainland security measures fiercely but alone.

China’s Surging Nationalism Has Claimed Hong Kong (Foreign Policy) The new national security measures won’t be the end of Beijing’s belligerence.

China Seen As Rising Military Power In Central Asia, Foreshadowing Future Friction With Russia (Radio Free Europe | Radio Liberty) China is steadily increasing its security footprint in Central Asia and closing the gap with Russia, a trend that could see Moscow’s influence “undermined in the coming decade,” according to a new report.

Kennan Cable No. 52: In Russia’s Shadow: China’s Rising Security Presence in Central Asia (Wilson Center) On April 2, a plane carrying 500 kilos of testing equipment and PPE from China landed in Almaty.

Huawei's ambitions for Canada stalled by rift with China, security expert says (CTVNews) Huawei Technologies Co.'s push to become a leading supplier of 5G technology in Canada appears to be in jeopardy after the Chinese tech giant's CFO suffered a legal setback in a B.C. court, prompting an angry response from Beijing.

The Latest U.S. Blow To China's Huawei Could Knock Out Its Global 5G Plans (NPR) The Trump administration issued tough export rules this month, which analysts say could spell a death knell for the company's worldwide mobile network ambitions.

Hong Kong’s business hub status imperiled by security law (Federal News Network) A security law proposed by China could imperil Hong Kong’s status as one of the world’s best places to do business…

Hong Kong Security Law: Is This the Tipping Point? (AskTraders.com) The Hong Kong National Security Law being pushed by China’s communist government is the latest bone of contention between the US and China. It seems like its just a matter of time before the two countries unleash another full-blown trade war that could disrupt the global economy once more. However, investors have chosen to ignore…

Trump Signs Executive Order Targeting Social Media (Wall Street Journal) The executive order seeks to limit the broad legal protection that federal law provides to social media and other online platforms.

Trump signs order that could punish social media companies for how they police content, drawing criticism and doubts of legality (Washington Post) President Trump on Thursday is set to sign an executive order that could open the door for federal regulators to punish Facebook, Google and Twitter for the way they police content online.

Officials Weigh In On Trump's Draft Of Social Media Order (Media Post) According to a draft of the order, it will call for the FCC to propose rules about when and how social-media companies edit content online without forfeiting their protections under Section 230 of the Communications Decency Act.

Trump’s Social Media Executive Order Is Purely for Show (Wired) The president has targeted Twitter, Facebook, and other platforms, but has little actual power over how they operate.

Donald Trump signs executive order seeking to strip Twitter and Facebook of 'liability shield' (The Telegraph) US president signed order on Thursday after row over Twitter fact checking

Twitter Flags Trump Tweet About Minneapolis Protests for ‘Glorifying Violence’ (Wall Street Journal) Twitter placed a notice on a tweet from President Trump, shielding it from view for breaking what the company said are its rules about glorifying violence.

Twitter hides Trump tweet for 'glorifying violence' (Reuters) Twitter hid a tweet from President Donald Trump on Friday, accusing him of breaking its rules by "glorifying violence" in a message that said looters at protests in Minneapolis would be shot.

Trump claims social media is run by the 'radical left' - does he have a point? (The Telegraph) President Trump has long argued that social media firms are anti-conservative

Trump’s Move to Crack Down on Social Media Sets Up Legal Battle (Wall Street Journal) The president’s executive order centers on protections Washington established for online platforms in the 1990s. These are some of the legal questions set to emerge as the move faces likely court challenges.

White House Order To Tackle Twitter Bias On Shaky Ground (Law360) President Donald Trump signed an executive order Thursday urging the Federal Communications Commission to regulate big tech platforms, inflaming a long-simmering debate over the agency's authority to police internet content.

Trump versus Twitter: How the President's social media clampdown could change the internet (The Telegraph) Questions over whether Donald Trump's executive order on social media companies can be used to change US law

The Two Things To Understand About Trump's Executive Order On Social Media: (1) It's A Distraction (2) It's Legally Meaningless (Techdirt) We've officially reached pure silly season when it comes to internet regulations. For the past two years now, every so often, reports have come out that the White House was exploring issuing an executive order trying to attack Section 230 and...

‘Rammed it through’: Trump's Twitter order riles staffers and tech reformers (Protocol) The hasty move angered many Section 230 reformers who believe the administration's actions undermine their cause.

Trump signs executive order targeting protections for social media platforms (Axios) The president has escalated his attacks against Big Tech in recent days.

Diving into the Newest Directorate of the National Security Agency (ClearanceJobs) In October 2019, the National Security Agency (NSA) redefined its cybersecurity mission by enhancing partnerships with industry through collaboration and information sharing. A new Directorate was born: the Cybersecurity Directorate.

U.S. Charges North Korea Officials With Illegally Transferring $2.5 Billion (Wall Street Journal) U.S. authorities unsealed a sweeping indictment charging more than 30 people with helping North Korea illegally transfer $2.5 billion since 2013, amid dim hopes for resumption of long-stalled nuclear talks between the two countries.