Blocking Terrorists on Social Media

The global health crisis caused by the COVID-19 pandemic has altered life as we knew it, but it has not impeded Shurat HaDin’s fight for justice. And at a time when much of the world is told to shelter in place, forcing hundreds of millions across the globe to rely on social media for news and entertainment, Shurat HaDin’s fight against terrorist incitement on social media proceeds unabated. In the US Supreme Court briefings on the petition brought by the family of Taylor Force against Facebook are continuing. Most recently, the Ninth Circuit Court of Appeals in San Francisco heard oral arguments in our lawsuit on behalf of victims of the ISIS terrorist attack in Paris on November 13, 3015. The attack involved active shooters and suicide bombers and was the bloodiest in European history. The multipronged assault resulted in the murder of 130 innocent civilians, including U.S. citizen Nohemi Gonzalez, an energetic college student from a Los Angeles suburb who was in France as an exchange student. The civil action was brought against Google, which owns the YouTube platform, alleging that the social media giant provided video streaming services to the ISIS terrorist organization in violation of America’s Anti-Terrorism Act. Google has defended itself by arguing that the Communication Decency Act’s §230 (CDA §230) provides blanket immunity to internet platforms for the content posted on their sites. They contend that anyone, including designated terrorist groups, can post an extremist video and the company is not responsible for providing this material support nor liable for the message. Shurat HaDin’s position contends that CDA §230 is being misapplied by the lower courts and Congress never intended to provide such a broad interpretation that gives the social media companies complete immunity from liability over what is posted by terrorist groups on their platforms. The use of YouTube, as well as other social media platforms such as Facebook, Instagram, and Twitter, by nefarious actors has increased in recent years. Most notably, these platforms have become pillars of efforts by right-wing hate groups to spew hatred and incite individuals and groups to perpetrate acts of violence. This clear and present danger—amplified by Shurat HaDin’s efforts—has sparked the concern and interest of William Barr, the U.S. Attorney General. Shurat HaDin supports Attorney General Barr’s assessment and the right to deny the social media monopolies with the immunity from civil liability when their platforms promote child exploitation terrorism, hate, anti-Semitism, racism, and human trafficking, and enthusiastically awaits further development as the full weight of the U.S. Justice Department becomes a combatant in this all-important fight.