SURVEILLING BIG TECH: NAVIGATING CENSORSHIP CONCERNS AND CONSUMER PROTECTIONS IN FLORIDA’S DIGITAL BILL OF RIGHTS

Self-Final

In 2021, Florida passed Senate Bill 7072 in response toconcerns of censorship from large Silicon Valley-based social media
companies. After the Eleventh Circuit enjoined Bill 7072, Florida passed the Florida Digital Bill of Rights––a data privacy statute that also contained distinct anti-censorship provisions. After granting certiorari in Moody v. NetChoice, LLC., the U.S. Supreme Court should clarify how states may legislate anti-censorship provisions for social media companies. This Article provides two recommendations: (1) Florida should strengthen its consumer privacy protections by broadening the FDBR’s applicability provisions; and (2) Florida should revise the FDBR’s anti‑censorship provision based on the holding in Moody.

Author: Daniel C. Self

PDF: http://journals.law.unc.edu\/ncjolt/wp-content/uploads/sites/4/2023/12/Self-Final.pdf

Volume 25, Issue 2