Tech Policy Press: December 2023 US Tech Policy Roundup 

January 6, 2024

Civil society, academia, and industry were busy at work in December in the aftermath of the October AI executive order and the draft OMB guidance memorandum released in November. The Electronic Privacy Information Center, the ACLU, the Brennan Center for Justice, the Center for Democracy and Technology, Data & Society, the Leadership Conference on Civil and Human Rights, NAACP Legal Defense and Educational Fund, the Surveillance Resistance Lab, Upturn, and others published comments in response to the OMB draft guidance ahead of the closing of the comment period on December 5. Many of these comments focused on improving upon the minimum practices established in the OMB draft, shared concerns about national security exceptions and other potential loopholes, suggested methods for an equity and rights-respecting design and testing process, and emphasized the need for transparency, accountability, and public reporting measures. 

Moody v. NetChoice: Emerging out of Florida and the state’s SB 7072 bill, which limited the ability of platforms to deplatform political candidates and moderate content on the basis of viewpoint, this case focuses on whether the Florida law violates the First Amendment. In December, several amicus briefs were filed that reflected a variety of perspectives. Participating groups included the Wikimedia Foundation, TechFreedom, the Chamber of Progress, the Electronic Frontier Foundation, the Anti-Defamation League, and the Electronic Privacy Information Center. 

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