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The Senator, Josh Hawley, has been working very hard to build liability against social media companies for unlawful content that happens to be carried on their platform. While questioning government officials in a recent hearing, Hawley referred to cases with cartels using Snapchat, Instagram, and TikTok to recruit Americans to activities of human and drug smuggling. The senator then turned to accuse Big Tech of “playing dumb” whilst drugs and child pornography were being exploited and trafficked through their platforms.
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Hawley’s segment shows him questioning Homeland Security Investigations officer Erik Stevens regarding cartel recruiting tactics. Stevens confirmed that criminal organizations do indeed recruit drivers on social media platforms. “And so we have multiple cases involving human smuggling as well as drug smuggling where they use those social media platforms to recruit,” said Stevens. When asked if shutting down this activity would help law enforcement, Stevens said, “Yes, it would sir. We need to do it.”
Hawley has passed legislation that allows victims of child pornography to sue platforms socially; now he wants to see this extended to victims of human trafficking and drug smuggling because, in his view, “legal pressures can make a dent in this tidal wave of fentanyl and other narcotics coming across our border.” Hawley said social media companies perpetually build lies on their customers while illicitly rife with unlawful activities.
Responses to the tweet showed equivalently sharp divisions. Someone even went so far as to politicize Hawley’s work, while another accusation labeled it yet another “hypocrisy” when it comes to tech policy. A fact-checking organization noted that Hawley’s accusations were 55 percent accurate; there were exaggerations to be sure, but that does not discount the legitimacy of his criticism regarding Section 230 rights protections. The pardon of Silk Road founder Ross Ulbricht by the former President was cited by several commentators as proof that Republicans do not always oppose online drug markets.
Praise for Hawley’s push came from others who called him “a voice of reason.” Suggestions were also heard, ranging from banning phones in schools to limiting children’s screen time. The discussion grew to encompass various tech issues, with one user demanding action on H1B visas and outsourcing programs. The colorful critic told Senator Hawley to “stick to bottoming for that football player,” a reference to an old college rumor.
According to some legal experts, Hawley has an uphill battle against mighty tech companies protected by Section 230, as his legislation would radically alter the legal scheme presently applicable to social media platforms. Child protection groups would be in favor of the idea, while free speech groups would warn that it would almost inevitably lead to outright censorship in the hands of moderates wielding platform power to silence any content every lawsuit is filed against.
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The senator’s attention to cartel recruitment via social media comes at a time when record-fentanyl seizures occurred at the southern border. Law enforcement agencies have increasingly warned that the cartels use technology to further their own interests, including providing GPS-guided drone surveillance and encrypted messaging applications. Whether Hawley’s legal approach will have any chance of going after complex criminal organizations, however, remains to be seen; but the fact that he is prepared to go scorched earth will likely add fuel to the fire of debate in Washington on the topic.
You can view the original article HERE.
