Censorship Industrial Complex
Here’s How The Trump Admin Could Help Crush The Censorship Industry
From the Daily Caller News Foundation
By Katelynn Richardson
The Trump administration has a major opportunity to deal a blow to the sprawling censorship industry, both inside the government and in the private sector.
Trump promised in a campaign video from Dec. 2022 to “shatter the left-wing censorship regime” by, among other proposals, signing an executive order banning agencies from collaborating with private platforms to suppress speech and ordering the Department of Justice (DOJ) to investigate parties involved in censorship.
“If Trump takes the steps that he has indicated he will, one focus of anti-censorship efforts I anticipate is nonprofits like the Atlantic Council and Stanford Internet Observatory [SIO] that operate as middlemen between the government and the tech companies,” New Civil Liberties Alliance attorney Jenin Younes told the Daily Caller News Foundation. “As President, Trump should ensure that the White House and his executive agencies do not work with these groups to censor ‘mis’ or ‘disinformation.’ In fact, all government efforts in the MDM [misinformation, disinformation, and malinformation] sphere should end, since this clearly results in suppressing First Amendment protected speech.”
Under the Biden administration, White House staff made explicit requests for platforms to restrict COVID-19 related speech. Other agencies participated in speech suppression, with the Center for Disease Control (CDC) flagging posts for removal and the Cybersecurity and Infrastructure Security Agency (CISA) forwarding misinformation reports from local election officials to platforms, a practice they called “switchboarding.”
CISA likewise helped create of the Election Integrity Partnership in 2020, which the SIO played a key role in running, to monitor “misinformation” and report it to platforms during the 2020 election. A federal judge declined last week to dismiss a lawsuit against the SIO, along with several other groups, over their alleged targeting of conservative speech.
“Private entities cannot be permitted to partner with the government to censor Americans’ speech,” Nicholas R. Barry, America First Legal Senior Counsel, said in a statement.
Younes told the DCNF she would like to see “punishment for government actors who have violated Americans’ First Amendment rights.”
“At this time, such individuals manage to escape accountability for their actions because of doctrines like qualified immunity,” she said. “However, there can be exceptions to qualified immunity when government officials knowingly flout people’s civil rights, and those exceptions should be applied in the First Amendment context.”
Trump’s other suggestions included firing bureaucrats who have engaged in censorship, ensuring federal dollars do not go towards nonprofits and universities labeling domestic speech as misinformation and asking Congress to revise Section 230 to “get big online platforms out of censorship.”
The Biden administration has issued $267 million in grant funding for projects including the term “misinformation,” including $127 million specifically relating to COVID-19, according to a November Open The Books report. The DCNF reported in 2023 on several projects funded by the NSF to develop censorship tools, including a dashboard to forecast misinformation “trends” and another studying how misinformation influences online networks.
Great Discussion Between @AFergusonFTC And @nataliegwinters On The Censorship Regime And How The Trump Administration Can Combat It
Two Key Parts Of The Censorship Problem:
-Private companies colluding to censor speech they don't like. Advertiser Cartels being one of their… pic.twitter.com/i89sWWF9nQ
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) November 30, 2024
‘Smash This Censorship Cartel’
Many Trump nominees have been vocal about their commitment to promoting free speech.
Andrew Ferguson, who Trump selected as the new Federal Trade Commission (FTC) chair, said on War Room in late November that Trump can cut off some censorship outright, ordering officials to stop communicating with platforms and ending government funding for entities participating in speech suppression. But private censorship would likely move to “new fronts,” he noted, making it important for the FTC to take “investigative steps.”
Ferguson said “advertiser cartels” could violate antitrust laws by agreeing to boycott certain shows, podcasts and platforms.
“If the government is going to get out of the business here in the states of cooperating and colluding with the platforms to suppress the speech that they don’t like, then it’s up to the FTC to make sure that that sort of cooperation and collusion doesn’t move into the private sector,” Ferguson said.
Trump’s pick to lead the Federal Communications Commission (FCC) Brennan Carr likewise said in a NewsNation interview that one of his top priorities would be to “smash this censorship cartel.”
Other appointees took strong stances on censorship. Jay Bhattacharya, Trump’s choice for National Institute for Health (NIH) head, co-authored the Great Barrington Declaration pushing back on COVID-19 lockdowns and responses. United States Department of Health and Human Services Secretary nominee Robert F. Kennedy Jr. brought his own lawsuit against the Biden administration for alleged First Amendment violations.
Harmeet Dhillon, who is set to run the DOJ’s civil rights division, worked with her firm on a case challenging the California Secretary of State’s Office coordination with Twitter to suppress speech.
Continued Litigation
While the Supreme Court found in June that plaintiffs who challenged the Biden administration’s censorship efforts failed to link their accounts’ restrictions to the government’s communications with platforms, the Missouri v. Biden lawsuit is ongoing. In November, the district court allowed the plaintiffs to pursue more discovery to establish the government’s involvement.
“Depending on the approach the Administration takes, it is conceivable that cases like ours could resolve in a consent decree, in which the government acknowledges its wrongdoing and takes various specific steps to safeguard against future violations of Americans’ First Amendment free speech rights,” Younes told the DCNF regarding the case.
The Alliance Defending Freedom (ADF) recently launched a new Center for Free Speech aimed at targeting censorship entities, pointing to the “new opportunity” free speech defenders will have as Trump takes office.
ADF Senior Counsel Phil Sechler told the DCNF the center is intended to create “substantial pushback on global censorship,” which he said has increased over the past decade by both private and government actors.
Potential targets include state level election laws, like the California laws targeting political satire that ADF already filed a lawsuit against on behalf of the Babylon Bee, along with debanking practices and other censorship by private actors.
“There is a lot of work to be done to dismantle this censorship industrial complex that’s been built up over many years,” Sechler told the DCNF.
Censorship Industrial Complex
UN General Assembly Adopts Controversial Cybercrime Treaty Amid Criticism Over Censorship and Surveillance Risks
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Global cybercrime treaty faces scrutiny over human rights safeguards and potential misuse of cross-border powers.
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As we expected, even though opponents have been warning that the United Nations Convention Against Cybercrime needed to have a narrower scope, strong human rights safeguard and be more clearly defined in order to avoid abuse – the UN General Assembly has just adopted the documents, after five years of wrangling between various stakeholders.
It is now up to UN-member states to first sign, and then ratify the treaty that will come into force three months after the 40th country does that. The UN bureaucracy is pleased with the development, hailing the convention as a “landmark” and “historic” global treaty that will improve cross-border cooperation against cybercrime and digital threats. But critics have been saying that speech and human rights might fall victim to the treaty since various UN members treat human rights and privacy in vastly different ways – while the treaty now in a way “standardizes” law enforcement agencies’ investigative powers across borders. Considerable emphasis has been put by some on how “authoritarian” countries might abuse this new tool meant to tackle online crime – but in reality, this concern applies to any country that ends up ratifying the treaty. Another point of criticism has been that UN members individually already have laws that address the same issues, rendering the convention superfluous – unless it is to extend some of those authoritarian powers to the countries that don’t formally have them, and can’t outright pass them at home for political reasons. Since the UN General Assembly adopted the resolution without a vote – after the text was previously agreed on by negotiators – it is not immediately clear how many countries might sign it next year, and ratify what would then become a legally binding document. In the meanwhile, a spokesperson for UN Secretary-General Antonio Guterres referred to the treaty as “a demonstration of multilateralism.” Where opponents see potential for undemocratic law enforcement practices spilling over sovereign borders, UN representatives speak about “an unprecedented platform for cooperation” that will allow agencies to exchange evidence, create a safe cyberspace, and protect victims of crimes such as child sexual abuse, scams and money laundering. And they claim all this will be achieved “while safeguarding human rights online.” |
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From the Brownstone Institute
Brownstone Institute has been tracking a little-known federal agency for years. It is part of the Department of Homeland Security created after 9-11. It is called the Cybersecurity and Infrastructure Security Agency or CISA. It was created in 2018 out of a 2017 executive order that seemed to make sense. It was a mandate to secure American digital infrastructure against foreign attack and infiltration.
And yet during the Covid year, it assumed three huge jobs. It was the agency responsible for dividing the workforce between essential and nonessential. It led the way on censorship efforts. And it handled election security for 2020 and 2022, which, if you understand the implications of that, should make you spit out your coffee upon learning.
More than any other agency, it became the operationally relevant government during this period. It was the agency that worked through third parties and packet-switching networking to take down your Facebook group. It worked through all kinds of intermediaries to keep a lid on Twitter. It managed LinkedIn, Instagram, and most of the other mainstream platforms in a way that made you feel like your opinions were too crazy to see the light of day.
The most astonishing court document just came out. It was unearthed in the course of litigation undertaken by America First Legal. It has no redaction. It is a reverse chronicle of most of what they did from February 2020 until last year. It is 500 pages long. The version available now takes an age to download, so we shrunk it and put it on fast view so you can see the entire thing.
What you discover is this. Everything that the intelligence agencies did not like during this period – doubting lockdowns, dismissing masking, questioning the vaccine, and so on – was targeted through a variety of cutouts among NGOs, universities, and private-sector fact-checkers. It was all labeled as Russian and Chinese propaganda so as to fit in with CISA’s mandate. Then it was throttled and taken down. It managed remarkable feats such as getting WhatsApp to stop allowing bulk sharing.
It gets crazier. CISA documented that it deprecated the study of Jay Bhattacharya from May 2020 that showed that Covid was far more widespread and less dangerous than the CDC was claiming, thus driving down the Infection Fatality Rate within the range of a bad flu. This was at a time when it was widely assumed to be the black death. CISA weighed in to say that the study was faulty and tore down posts about it.
The granularity of their work is shocking, naming Epoch Times, Unz.org, and a whole series of websites as disinformation, often with a crazy spin that identified them with Russian propaganda, white supremacy, terrorist activity, or some such. Reading through the document conjures up memories of Lenin and Stalin smearing the Kulaks or Hitler on the Jews. Everything that is contrary to government claims becomes foreign infiltration or insurrectionist or otherwise seditious.
It’s a very strange world these people inhabit. Over time, of course, the agency ended up demonizing much authentic science plus a majority of public opinion. And yet they stayed at it, fully convinced of the rightness of their cause and the justness of their methods. It seems never to have occurred to this agency that we have a First Amendment that is part of our laws. It never enters the discussion at all.
AFL summarizes the document as follows.
- CISA’s Countering Foreign Influence Task Force (CFITF) relied on the Censorship Industrial Complex to inform its censorship of alleged foreign disinformation narratives regarding COVID-19.
- Unelected bureaucrats at CISA weaponized the homeland security apparatus, including FEMA, to monitor COVID-19 speech dissenting from “expert” medical guidance, including President Trump’s comments about taking Hydroxychloroquine in 2020. Many of these “false” narratives later turned out to be true, calling into question the government’s ability to identify “misinformation,” regardless of its authority to do so.
- To determine what was “foreign disinformation,” CISA relied on the Censorship Industrial Complex’s usual suspects (Atlantic Council DFR Lab, Media Matters, Stanford Internet Observatory) — even those discredited for erroneously attributing domestic content to foreign sources (Alliance for Securing Democracy). CISA even relied on foreign government authorities (EU vs. Disinfo) and foreign government-linked groups (CCDH, GDI) that advocated for the demonetization and deplatforming of individual Americans to monitor and target constitutionally protected speech by American citizens.
For years, this story of censorship has unfolded in shocking ways. This document among tens of thousands of pages is surely among the most incriminating. And discussing it is apparently still taboo because the Subcommittee report on Covid never once mentions CISA. Why might that be?
In the strange world of D.C., CISA might be considered untouchable because it was staffed out of the National Security Agency which itself is a spinoff of the Central Intelligence Agency. Thus does its activities generally fall under the category of classified. And its many functioning assets in the civilian sector are legally bound to keep their relationships and connections private.
Thank goodness at least one judge believed otherwise and forced the agency to cough it up.
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