Content Moderation, Encryption, and the Law
The Tech Policy Press Podcast
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The Wirecap Act and the Role of Facebook in Encrypted Messaging
The Wirecap Act prohibits intercepting electronic communications in a way that lets you learn their contents. There's a non-frivicalist argument that this little franking tag, the little stamp that the platform gets applied to each message actually does contain some information about the substance of the message. But there are courts that have expressed at least doubt about whether this kind of metadata that verifies a message's contents is in fact itself also contents. And then perhaps most interestingly, should we think about the participants in this communication as having consented to this process?
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