Support Common Dreams Today
Journalism that is independent, non-profit, ad-free, and 100% reader-supported.
To donate by check, phone, or other method, see our More Ways to Give page.
The Internet Archive has filed a federal challenge to a new Washington State law that intends to make online service providers criminally liable for providing access to third parties' offensive materials.
The Electronic Frontier Foundation (EFF) is representing the Internet Archive in order to block the enforcement of SB 6251, a law aimed at combatting advertisements for underage sex workers but with vague and overbroad language that is squarely in conflict with federal law. Procedurally, the Internet Archive lawsuit was filed as an intervention into a similar suit, Backpage.com v. McKenna, filed last week.
"The Internet Archive, as an online library, archives the World Wide Web and other digital materials for researchers, historians, and the general public," said Brewster Kahle, Digital Librarian and founder of the Internet Archive. "We strongly support law enforcement efforts to combat child sex trafficking, but this new law could endanger libraries and other entities that bring access to websites and user-generated content."
SB 6251 was passed with the hope of criminalizing the dissemination of underage sex trafficking ads and imposing a requirement to confirm the ages of individuals in such ads prior to publication. The law, however, is fraught with problems. As written, the vaguely-worded statute - making it a felony to "directly or indirectly" provide access to any material that might constitute an "explicit or implicit" commercial offer for sex - could be read to apply not only to posters but to neutral entities that provide access to online information, including ISPs, Internet cafes, and libraries. This would result in a chilling effect as such entities begin feeling pressured to censor protected online speech in order to safely stay on the right side of the unclear law.
Washington's new statute also squarely conflicts with established federal law - Section 230 of the Communications Decency Act - that was passed with the dual aims of protecting Internet intermediaries from liability for most of what their users do and establishing a clear, national Internet policy to avoid the development of a confusing patchwork of state laws. If allowed to stand, SB 6251 would undermine this important Congressional policy decision that directly fosters free speech, innovation, and the dissemination of knowledge online. It would also set a dangerous precedent allowing individual states to regulate the Internet as each sees fit, establishing a speech-chilling "race to the bottom" with service providers restricting speech according to the most invasive state law on the books. Indeed, in the wake of SB 6251's passage, Tennessee passed a similar bill set to go into effect in July, and New York and New Jersey are considering their own proposed legislation.
"Laws passed with the laudable goal of combatting such a pernicious practice as child sex trafficking can nonetheless inflict collateral damage on the First Amendment," said EFF Senior Staff Attorney Matt Zimmerman. "Legislatures must do more than simply identify serious social ills but also prescribe solutions that are consistent with other important values. Clear legal protections for hosts and disseminators of third party content are bedrock legal principles that allow free speech to flourish online. While well intentioned, laws like SB 6251 simply take the wrong, dangerous approach."
For the full motion to intervene:
For the full complaint from the Internet Archive:
The Electronic Frontier Foundation is the leading nonprofit organization defending civil liberties in the digital world. Founded in 1990, EFF champions user privacy, free expression, and innovation through impact litigation, policy analysis, grassroots activism, and technology development. EFF's mission is to ensure that technology supports freedom, justice, and innovation for all people of the world.(415) 436-9333
"Appointing a petrol company executive as president of COP28 is an effrontery several orders of magnitude beyond anything that happened before in the history of the U.N. climate process."
A global network of more than 450 climate justice organizations said Thursday that the upcoming COP28 talks in United Arab Emirates will—like the United Nations climate conferences before it—end in failure as long as the fossil fuel industry is allowed to influence and dictate the terms of the event.
The Kick Big Polluters Out network raised particular concern over the UAE's recent appointment of Sultan Al Jaber, head of the country's state-owned Abu Dhabi National Oil Company (ADNOC), to preside over the end-of-year talks—a decision that climate campaigners said throws the integrity and seriousness of COP28 into further question.
"There is no honor in appointing a fossil fuel executive who profits immensely off of fueling the climate crisis to oversee the global response to climate change," the network wrote in a letter to U.N. Secretary-General António Guterres, U.N. Framework Convention on Climate Change (UNFCCC) executive secretary Simon Stiell, and all parties to the UNFCCC.
"That such a move could ever be seen to be legitimate amidst an intensifying climate crisis where millions of lives and ecosystems are on the line exemplifies just how insidious Big Polluters' stranglehold over climate policy is," continued the letter, which was spearheaded by four UNFCCC constituencies representing millions of people. "No COP overseen by a fossil fuel executive can be seen as legitimate. COP presidencies must be free and independent of fossil fuel influence. It's time for the UNFCCC to deliver the long overdue equitable phaseout of fossil fuels."
The letter comes days after Politicoreported that the U.N. is "querying the presidency of this year's COP28 climate talks over its ties" to ADNOC, the 12th-largest oil company in the world by production.
"The main COP28 team is using two stories of an 11-floor office building in Abu Dhabi also used by the Ministry of Industry and Advanced Technology located next to ADNOC's headquarters," Politico noted. "That prompted the secretariat of the United Nations Framework Convention on Climate Change to send a series of questions to the presidency of the climate talks enquiring about whether the presidency will be independent of the oil company."
According to the outlet, which cited an unnamed source with knowledge of the matter, the questions raised by the U.N. "include whether there is a firewall between the two institutions; whether ADNOC has access to COP28 meetings and strategic documents; if the staff working on the climate conference are relying on the oil giant's IT systems; if part of the work will be devoted to protecting ADNOC's interests; and whether the climate team is being paid by the oil company."
"Polluters have a role to play: Stop polluting. They cannot be placed on a leadership pedestal."
Rejecting pressure to rescind his appointment, the UAE has said Al Jaber will stay on as head of ADNOC as he presides over COP28, a striking conflict of interest given the oil giant's financial interest in limiting the scope of climate action.
John Kerry, the United States' special presidential envoy for climate, praised the selection of Al Jaber to oversee COP28, calling the oil company executive a "terrific environmentalist."
The UAE, one of the world's biggest oil producers, has ratified the Paris climate accord, but experts say its policies are
way out of alignment with the agreement's critical 1.5°C warming limit.
Cansın Leylim Ilgaz, associate director of global campaigns at 350.org, said Thursday that "letting petrostates host the U.N. climate talks is bad enough, but appointing a petrol company executive as president of COP28 is an effrontery several orders of magnitude beyond anything that happened before in the history of the U.N. climate process."
"Attempts to sugarcoat this scandalous decision only serve to undermine the huge efforts of everyone working to limit global heating," Ilgaz added. "This brazen attempt of the dying fossil fuel industry to predetermine the outcome of COP28 will not stand."
But the Kick Big Polluters Out network stressed in its letter that the problem of fossil fuel influence on U.N. climate talks runs much deeper than Al Jaber.
"Fossil fuel interests overrun the UNFCCC and threaten its credibility," the network wrote. "At COP27 last November, more than 630 fossil fuel lobbyists registered to attend the climate negotiations. The UAE, now hosting COP28, had more fossil fuel lobbyists on its delegation than any other country. The grim reality is that this appointment represents a tipping point in which the UNFCCC is rapidly losing any legitimacy and credibility."
To succeed at delivering "the needed climate equity and action to end the era of fossil fuels, and to rapidly and justly transition to a new global system," the network said the UNFCCC must agree to four demands:
1. Big Polluters cannot write the rules. Big Polluters must not be allowed to unduly influence climate policymaking. This allows them to continue to weaken and undermine the global response to climate change, and it’s why we are on the brink of extinction. The UNFCCC must urgently establish an Accountability Framework, including a regime-wide conflict-of-interest policy, that systematically ends this corporate capture.
2. No more Big Polluters bankrolling climate action. No Big Polluter partnership or sponsorships of climate talks or climate action. Not now. Not ever. Major polluters must not be allowed to greenwash themselves and literally buy their way out of culpability for a crisis they have caused. The UNFCCC will always fail to deliver so long as this is deemed acceptable.
3. Polluters out and People in. While civil society has always participated in the COP process, governments have made it more difficult each time for non-governmental organizations and climate justice movements to have their voices heard. We need
equitable, meaningful inclusion of civil society. Climate action must center the leadership and lived experience of the people, especially those on the frontlines of the climate crisis. With frontline communities in the lead, we must end the funding and validation of dangerous distractions and false solutions that promote Big Polluters' profits, enable their abuses, and guarantee decades more of fossil fuel use.
4. Reset the system to protect people and the planet, not Big Polluters. Big Polluters are destroying life as we know it. It's time to build a new way of living and collaborating that works for people, not polluters, and that restores, rather than destroys, nature. We
need real, just, accountable, gender-responsive, community-led, nature-restoring, and proven and transformative solutions to be implemented rapidly and justly. We need a total and equitable transition off of fossil fuels. We need real solutions that center the rights of Indigenous peoples, local communities, women, workers, and the protection of those speaking up for justice. We need an end to the impunity of corporate abuses
"This is great news for the forest, the salmon, the wildlife, and the people who depend on intact ecosystems to support their ways of life and livelihoods," said one advocate.
Indigenous and green groups on Wednesday applauded the Biden administration for reinstating protections for millions of acres of wilderness in Alaska's Tongass National Forest that were lifted during a Trump-era regulatory rollback spree.
The United States Department of Agriculture (USDA) announced Wednesday that it has finalized protections for the Tongass National Forest by restoring "longstanding roadless protections to 9.37 million acres of roadless areas that support the ecological, economic, and cultural values of Southeastern Alaska."
The Roadless Rule was established in 2001 to protect wilderness areas in U.S. national forests from roads and logging. The administration of former President Donald Trump rescinded the rule in 2020 amid a flurry of regulatory rollbacks, prompting a lawsuit from a coalition of Indigenous, conservation, and business organizations. The Biden administration subsequently committed to reviving the Roadless Rule in 2021.
"As our nation's largest national forest and the largest intact temperate rainforest in the world, the Tongass National Forest is key to conserving biodiversity and addressing the climate crisis," U.S. Agriculture Secretary Tom Vilsack said in a statement Wednesday. "Restoring roadless protections listens to the voices of tribal nations and the people of Southeast Alaska while recognizing the importance of fishing and tourism to the region's economy."
\u201cThe moment we\u2019ve been waiting for! \ud83c\udf32\ud83c\udf89 Roadless Rule protections have OFFICIALLY been reinstated in Tongass National Forest! This will restore federal protection to just over 9 million undeveloped acres in America\u2019s largest national forest.\u201d— The Wilderness Society \ud83c\udf33 (@The Wilderness Society \ud83c\udf33) 1674680022
According to the advocacy group Defenders of Wildlife:
The Tongass contains rare expanses of pristine old-growth forest and as many as 17,000 miles of creeks, rivers, and lakes. These waters abound with all five species of Pacific salmon, which anchor the economy of Southeast Alaska. Approximately 1 million visitors come from all over the U.S. and internationally each year to see its glaciers, old-growth forests, and abundant wildlife.
The Tongass supports an incredible array of biodiversity and is home to the Alexander Archipelago wolf, brown bears, bald eagles, northern goshawks, and Pacific marten, among others. The Tongass is also one of the world's largest carbon reservoirs, storing the equivalent of about 8% of the carbon stored in all the U.S. forests combined. In addition, a broad coalition of tribal leaders, outdoor recreation businesses, and conservationists in Southeast Alaska have fought to preserve the region's remaining cedar, hemlock, and Sitka spruce trees.
"The restoration of National Roadless Rule protections for the Tongass National Forest is a great first step in honoring the voices of the many tribal governments and tribal citizens who spoke out in favor of Roadless Rule protections for the Tongass," said Naawéiyaa Tagaban, the environmental justice strategy lead at Native Movement. "We are grateful to the Biden administration for taking this first step toward long-term protections for the Tongass. We hope that going forward true long-term protections will be established that do not rely on a rule which can be changed at the whim of a presidential administration."
"The administration must look to tribal sovereignty and Indigenous stewardship as the true long-term solution for protections in the Tongass," Tagaban added. "Tlingit, Haida, and Tsimshian people have lived in and managed the Tongass national forest for generations; true protections will look like the restoration of lands into Indigenous ownership."
\u201cBREAKING: The Biden administration has finalized the Roadless Rule on the Tongass! This is thanks to years of hard work by Tribes, small businesses, conservation groups, and Tongass supporters like yourself! \n\nFor more information, see https://t.co/pORem4DCcM \n\n#ProtectTheTongass\u201d— SEACC (@SEACC) 1674679664
Kate Glover, senior attorney at EarthJustice, said her group applauds the Forest Service "for making good on its commitment to tribes and to the climate by restoring the Roadless Rule across the Tongass. This is great news for the forest, the salmon, the wildlife, and the people who depend on intact ecosystems to support their ways of life and livelihoods."
Teague Whalen, who owns Tongass Teague, asserted that "there are two uncompromising realities for the survival of life on this planet: clean air and clean water."
"My hiking tours into the Tongass begin at the literal end of our road, where the Roadless Rule reinstatement will ensure that the Tongass can continue to be a lasting carbon sink," Whalen added.
"DeSantis decided to deny the potentially life-changing class and effectively censor the freedom of our education and shield us from the truths of our ancestors," said prospective plaintiff Elijah Edwards.
Three high school students represented by attorney Benjamin Crump are planning to sue Republican Florida Gov. Ron DeSantis for rejecting a new high school Advanced Placement African-American studies course, the prominent civil rights lawyer said Wednesday.
As Common Dreamsreported last week, DeSantis rejected the pilot course in AP African-American studies being tested by the College Board—the organization behind the SAT exam—as he believes it "lacks educational value" and violates the state's Stop WOKE Act by promoting critical race theory (CRT). There is little to no evidence that CRT—a graduate-level academic discipline examining systemic racism—is being taught in any K-12 school in Florida, or anywhere in the United States.
"Are we really okay with Ron DeSantis deciding what's acceptable for America's students across the country about Black history?"
"We are here to give notice to Gov. DeSantis that if he does not negotiate with the College Board to allow AP African-American studies to be taught in the classrooms across the state of Florida, that these three young people will be the lead plaintiffs in a historic lawsuit," Crump said during a Wednesday press conference at the state Capitol in Tallahassee, referring to students Elijah Edwards, Victoria McQueen, and Juliette Heckman.
Victoria McQueen, a junior at Leon High School in Tallahassee, said that "there are many gaps in American history regarding the African-American population. The implementation of an AP African-American history class will fill in those gaps."
"Stealing the right for students to gather knowledge on a history that many want to know about because it's a political agenda goes to show that some don't want... the horrors this country has done to African-Americans to finally come to light," she added.
\u201cLIVE NOW: A \u2018Stop the Black Attack\u2019 rally is being held in response to FL Gov. Ron DeSantis' decision to block an Advanced Placement course on African American studies https://t.co/wDRhWv433m\u201d— NowThis (@NowThis) 1674668042
In Florida, those "horrors" include the centuries-long experiences of slavery and Jim Crow, including 20th-century atrocities like the Ocoee and Rosewood massacres and lynchings like the Newberry Six —events that shaped the state's modern history.
Another one of the students, high school sophomore Elijah Edwards, said that "Gov. DeSantis decided to deny the potentially life-changing class and effectively censor the freedom of our education and shield us from the truths of our ancestors."
"I thought here in this country, we believe in the free exchange of ideas, not the suppression of it," he added.
Also present at the press conference were Florida House Minority Leader Fentrice Driskell (D-63), Florida Legislative Black Caucus Chairwoman Dianne Hart (D-61), state Sen. Shevrin Jones (D-35), American Federation of Teachers secretary-treasurer Fedrick Ingram, and National Black Justice Coalition executive director David Johns.
"By rejecting the African-American history pilot program, Ron DeSantis clearly demonstrated he wants to dictate whose story does and doesn't belong," said Driskell.
He wants to control what our kids can learn based on politics, not on sound policy. He repeatedly attacks the First Amendment rights of Floridians with books being banned from libraries and classrooms and now throwing his weight against this AP African-American history course. He is undermining the rights of parents and students to make the best decisions for themselves. He wants to say that I don't belong. He wants to say you don't belong... But we are here to tell him, we are America. Governor, Black history is American history and you are on the wrong side of history.
Acknowledging that the course "will be altered and resubmitted and most likely they'll be able to make enough changes for the governor to approve it," Driskell asked, "but at what cost? Are we really okay with Ron DeSantis deciding what's acceptable for America's students across the country about Black history?"
\u201cWhen DeSantis taught school, according to some of his students, he told them that the Confederacy had a point because they "lost property" and that abortion "was wrong". Hypocrite. Was that HIS WOKE agenda? \nVisit https://t.co/LNnmmhjyvZ.\u201d— Dr. Marvin Dunn (@Dr. Marvin Dunn) 1674575816
"Accurately teaching our history is not political until others make it so," Driskell asserted. "How is political to talk about the struggles we've endured? How is political to talk about and to remember our history?"
"The truth is the truth; you can't change it, it simply is," she added. "But if you try to sugarcoat it, if you refuse to teach it accurately, then the truth can be suppressed, it can be diminished, and if we're not vigilant, it can even be erased."
The governor also signed a law requiring "media experts" to ensure that all books in Florida classrooms are "free of pornography," are "appropriate for the age level and group," and contain no "unsolicited theories that may lead to student indoctrination." Violators face felony charges, leading some teachers to cover or remove books from their classroom libraries for fear of running afoul of the law.
\u201cMy latest. \n\nBlack journalists knew from the jump that the end game of the CRT panic was to justify legalizing anti-Black efforts.\n\nFlorida and DeSantis are showing us what was under their *ahem* hoods this entire time. \n\nhttps://t.co/3dtnSB0lXu\u201d— Karen Attiah IS ON INSTAGRAM @karenattiah (@Karen Attiah IS ON INSTAGRAM @karenattiah) 1674666471
DeSantis stridently touts himself as a champion of "freedom."
"Together we have made Florida the freest state in these United States," he said during his 2022 State of the State address. "While so many around the country have consigned the people's rights to the graveyard, Florida has stood as freedom's vanguard."