4chan’s law firms, Byrne & Storm and Coleman Law, said in a statement on August 15 that “4chan is a United States company, incorporated in Delaware, with no establishment, assets, or operations in the United Kingdom. Any attempt to impose or enforce a penalty against 4chan will be resisted in US federal court. American businesses do not surrender their First Amendment rights because a foreign bureaucrat sends them an e-mail.”
4chan seeks Trump admin’s help
4chan’s lawyers added that US “authorities have been briefed on this matter… We call on the Trump administration to invoke all diplomatic and legal levers available to the United States to protect American companies from extraterritorial censorship mandates.”
The US Federal Trade Commission appears to have a similar concern. FTC Chairman Andrew Ferguson yesterday sent letters to over a dozen social media and technology companies warning them that “censoring Americans to comply with a foreign power’s laws, demands, or expected demands” may violate US law.
Ferguson’s letters directly referenced the UK Online Safety Act. The letters were sent to Akamai, Alphabet, Amazon, Apple, Cloudflare, Discord, GoDaddy, Meta, Microsoft, Signal, Snap, Slack, and X.
“The letters noted that companies might feel pressured to censor and weaken data security protections for Americans in response to the laws, demands, or expected demands of foreign powers,” the FTC said. “These laws include the European Union’s Digital Services Act and the United Kingdom’s Online Safety Act, which incentivize tech companies to censor worldwide speech, and the UK’s Investigatory Powers Act, which can require companies to weaken their encryption measures to enable UK law enforcement to access data stored by users.”
Wikipedia is meanwhile fighting a court battle against a UK Online Safety Act provision that could force it to verify the identity of Wikipedia users. The Wikimedia Foundation said the potential requirement would be burdensome to users and “could expose users to data breaches, stalking, vexatious lawsuits or even imprisonment by authoritarian regimes.”
Separately, the Trump administration said this week that the UK dropped its demand that Apple create a backdoor for government security officials to access encrypted data. The UK made the demand under its Investigatory Powers Act.
