U.S. International Trade Commission Testimony

Abstract

This testimony responds to a Congressional inquiry on the subject of "foreign censorship." It focuses on laws regulating Internet platforms, and because of the ITC's trade focus also prioritizes issues with potential economic impact. The initial filing June 24, 2021 filing addresses (1) competing concepts of "censorship" in platform regulation, (2) the role of informal government pressure or "jawboning" on platforms' global speech rules, (3) recent developments in non-U.S. governments' formal claims of extraterritorial jurisdiction to regulate speech, (4) emerging jurisdictional "hardball" practices, including "hostage" provisions in national laws regulating platforms, and (5) potential economic and competitive impact of recent and pending platform law developments. The post-hearing submission, addressing questions raised in the July 1, 2021 hearing, addresses (1) developments in India, (2) state action in intermediary liability laws, (3) studies attempting to quantify or otherwise empirically assess the economic impact of intermediary liability laws, (4) threats to end-to-end-encryption with both economic and speech-related consequences, with a list of experts and sources on the topic.