2.
@ProgressChamber (joined by
@LGBTTech &
@WoodhullFreedom): CHOP builds on EFF's themes in complementary ways.
CHOP starts by observing that personalized algorithms are a key part of what enables likeminded people to connect and find communities. This is particularly true for sensitive topics (e.g., LGBTQ health, police brutality, and reproductive healthcare).
The recommendation algorithms on social media sites implement instructions about what content and information to prioritize for a given user, often based on what the user is likely to find most interesting.
Algorithms also act as a sort of clean-up crew by removing or deprioritizing content that platforms deem unworthy of display.
Given the scale of the internet (YouTube alone hosts roughly 14 billion videos with 720,000 hours of new content added each day), recommendation algorithms and personalized feeds are an indispensable way of sorting content -- i.e., of making the internet usable. Br. at 10-11.
These feeds not only help keep users interested but also help keep them safe by removing inappropriate content (e.g., eating disorders, self-harm, suicide, etc.). Br. at 11.
By restricting the ability of users (particularly minors) to access personalized feeds, SB 976 not only unconstitutionally burdens their free speech rights but also poses increased safety risks for minors--particularly by hindering access to critical resources for marginalized youth. Br. at 12-17.
The age-verification provisions mean that users will be forced to choose between privacy and speech (noting that more than 80% of U.S. companies have been hacked and important data was either stolen or made public). Br. at 18.
CHOP also highlights that SB 976 infringes on the rights of social media websites to exercise their editorial rights about what content to prioritize and display. Websites, just like traditional publishers, have the right to both display the content they wish and to determine the way to arrange that content for their users. Br. at 21-24 (citing Moody v. NetChoice).
In short, the district court erred in its assessment of personalized feeds. SB 976 is unconstitutional.