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from the legislators-protecting-us-from-bad-things dept.
In Colorado:
Concerning the regulation of digital communications, and, in connection therewith, creating the digital communications division and the digital communications commission
Session: 2021 Regular Session
Subjects: Professions & Occupations
Telecommunications & Information Technology
Bill Summary
The bill creates the digital communications division (division) . . . On an annual basis and for a reasonable fee determined by the commission, the division shall register digital communications platforms . . . such as social media platforms or media-sharing platforms, that conduct business in Colorado . . . A digital communications platform that fails to register with the division commits a class 2 misdemeanor, punishable by a fine of up to $5,000 for each day that the violation continues.
The division shall investigate and the commission may hold hearings . . .
- Include practices that promote hate speech; undermine election integrity; disseminate intentional disinformation, conspiracy theories, or fake news; . . . .
- May include business, political, or social practices that are conducted in a manner that a person aggrieved by the practices can demonstrate are unfair or discriminatory to the aggrieved person. . . . .
- Practices that target users for purposes of collecting and disseminating users' personal data, including users' sensitive data
- Profiling users based on their personal data collected
- Selling or authorizing others to use users' personal data to provide location-based advertising or targeted advertising; or
- Using facial recognition software and other tracking technology.
The full text of the bill is here.
(Score: 4, Informative) by Socrastotle on Thursday March 04 2021, @06:35AM (3 children)
Yes it is. So is hate speech and pretty much all forms of speech with a tiny handful of exceptions for things like libel and defamation. And you should be happy, because it makes it perfectly legal for you to definitely state false statements, as you just did.
There's actually kind of an interesting story behind the 'You can't scream fire in a crowded theater.' line people often reference in these sort of discussions. In reality that has never been legally tested. That quote came from the famous Supreme Court case Schenck vs United Stated [wikipedia.org]. The reason it's so interesting is because in that free speech case is indicative of precisely why you should never, in a million years, give even an in inch on free speech.
That case was ultimately judged against the defendant who was claiming first amendment protections for his vile and awful speech. Now what was that vile and awful speech you ask? He was distributing fliers encouraging individuals to resist compulsory induction into the armed forces. And the government deemed that to be the same thing as falsely shouting fire in a crowded theater. Yay government.
Incidentally, this entire bill is a heap of click bait nothingness. Any court not manned entirely by kangaroos would summarily toss it out as a rather absurd violation of the first amendment. Frankly, even the kangaroos would have a hard time not tossing this.
(Score: 1, Funny) by Anonymous Coward on Thursday March 04 2021, @07:37AM (1 child)
So in other words, it's practically been certified by the courts as A-OK.
(Score: 2) by DeathMonkey on Thursday March 04 2021, @07:11PM
They're mistaken anyway. This would violate something way more important that silly things protected by the First. This is ALL MIGHTY $$$$$$$.
How the fuck is CO supposed to levy a tax on a company in CA?
(Score: 2) by DeathMonkey on Thursday March 04 2021, @07:06PM
Correct, it has no Senate co-sponsors, no House sponsors at all and no corresponding House bill yet so this is very early to be very concerned. The House had actually passed all those weed legalization bills that everyone called theater. So this isn't even a script yet.
Second off, this bill is wackadoodle. I never trusted those fuckers in the 5th! Gunnison? C'mon Man!
Early days are best for nipping buds though and I will be writing my Senators/Reps in opposition.