Recode Decode, Hosted By Kara Swisher

Why Sen. Brian Schatz thinks child safety bills can trump the First Amendment

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Synopsis

Today, I’m talking with Senator Brian Schatz, of Hawaii. We joke that Decoder is ultimately a show about org charts, but there’s a lot of truth to it. We talked about the separate offices he has to balance against each other, and the concessions he has to make to work within the Senate structure. We also talked a lot about two of the biggest issues in tech regulation today. One is Europe, which is doing a lot of regulation while the US does almost none. How does a senator think about the U.S. all but abdicating that space? The other is one of the few places the US is trying to take action right now: children’s online safety. Schatz is involved with two pieces of child safety legislation, the Kids Online Safety Act and the Protecting Kids on Social Media Act, that could fundamentally reshape online life for teens and children across the country. But the big stumbling block for passing any laws about content moderation is, of course, the First Amendment. Links:  Strict Scrutiny — LII / Legal Information Instit