The Executive Order Targeting Social Media Gets the FTC, Its Job, and the Law Wrong
The inaptly named Executive Order on Preventing Online Censorship seeks to insert the federal government into private Internet speech in several ways. In particular, Sections 4 and 5 seek to address possible deceptive practices, but end up being unnecessary at best and legally untenable at worst.
These provisions are motivated in part by concerns, which we share, that the dominant platforms do not adequately inform users about their standards for moderating content, and that their own free speech rhetoric often doesn’t match their practices. But the EO’s provisions either don’t help, or introduce new and even more dangerous problems.