ABSTRACT

Laws tend to trail technological innovation. US state legislatures and regulators, Congress, the White House, federal regulators, and the courts all play a role in changing law and policy. One concern is Facebook’s ownership of Instagram, Messenger, and WhatsApp. Another is Instagram influencers that fail to disclose a financial relationship with a brand they are promoting. The Federal Trade Commission (FTC) requires clear and transparent labels. The First Amendment grants speakers the right to free expression which is generally free of government censorship. However, Twitter, Pinterest, YouTube, and other sites have aggressively filtered pornographic content and hate speech. Social media speakers may face libel lawsuits if their content is defamatory and provably false. There are different legal standards for private and public plaintiffs. Other nations exercise draconian censorship, block access, and punish users through criminal law. In the US, social media threats may be prosecuted with evidence of intent. Intellectual property rights also present a broad global concern.