The draft order, as reported by CNN, reflects President Donald Trump's frustration with Silicon Valley -- and an attempt to use the levers of government to target his perceived political enemies in the private sector while rallying conservative supporters.
Companies like Facebook and Twitter, he said, are private entities that enjoy the same protections from the government as individuals do.In a statement, Democratic FCC Commissioner Jessica Rosenworcel echoed the First Amendment concerns. The draft order attempts to reinterpret the law so that platforms accused of moderating their websites in anything other than"good faith" could face more lawsuits.
Under the law, experts say, the President cannot order the FTC or FCC to do anything. The Trump administration can make suggestions or requests, and it's up to the agencies to decide whether to follow through. But even the mere perception that the agencies may be bending to White House pressure could damage the perceived independence of these regulators. And that could have dangerous consequences when they make decisions affecting huge swaths of the economy.
"The FCC can't just go out and make a rule," said Harold Feld, a senior vice president at the consumer advocacy group Public Knowledge."The FTC can't just go out and do an enforcement action."But even if much of the order proves ineffective or legally unviable, it still serves a political purpose, experts say, which is to force a conversation about the power of tech platforms and pressure Congress to change the law.
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