CDA Section 230 violates Equal Protection Clause & threatens National Security

There’s been a significant amount of handwringing over remarks made by so-called “free speech” advocates who assert that anyone can say anything online “because it’s ‘free’ speech,” and ostensibly protected by the First Amendment.

I demur.

Facebook, Instagram (owned by FB), and Twitter, which are the “Big Three” online Social Media (SoMe) corporate megaliths (that is, if Twitter survives Elon Musk, if not, then TikTok may take Twitter’s place), have increasingly come under fire in the past several years — justifiably so — for turning a blind eye to bad behavior, “speech” in particular (as writing and/or video, both mediums posted on the services), thereby, in essence, becoming purveyors of lies, complicit by their inactions, in aiding and abetting actions of bad actors, consequently harming our nation — a significant portion of which continues originating in nations hostile to American national interests.

Writing in the Global Security Review, June 10, 2019, in an article entitled “Facebook, Compromised: How Russia Manipulated U.S. Voters” — the second of a four-part series — Sophia Porotsky detailed how Russia, as a malign foreign actor, sought, and continues seeking, the downfall of the United States.

“Russian Information Warfare content on social media attempts to subvert Western democracies in five ways:

1.) Undermine public confidence in democratic government;
2.) Exacerbate internal political divisions;
3.) Erode trust in government;
4.) Push the Russian agenda in foreign populations, and;
5.) Create confusion and distrust by blurring fact and fiction.

Russian propaganda on social media can be divided into four themes:

1.) Political messages intended to foster distrust in government (e.g. allegations of voter fraud, corruption);
2.) Financial propaganda (i.e. create distrust in Western financial institutions);
3.) Social issues (e.g. ethnic tensions, police brutality), and;
4.) Doomsday-style conspiracy theories.

“Information warfare content is generated and disseminated through channels that fall into three attribution categories:

1.) White (overt);
2.) Grey (less-overt), and;
3.) Black (covert) channels.

They propagate a blend of authentic, manipulated, and fake stories and they feed off of and reinforce each other.”

Among the numerous sources cited was “Russia’s Approach to Cyber Warfare,” a paper written by Michael Connell and Sarah Vogler published March 2017 by the Center for Naval Analyses (CNA) — an 80-year, independent, nonprofit research and analysis organization dedicated to the safety and security of the nation that informs the decisions of Navy, Marine Corps and DOD leaders as the Department of the Navy’s federally funded research and development center — which stated that,

“Russia views cyber very differently than its western counterparts, from the way Russian theorists define cyberwarfare to how the Kremlin employs its cyber capabilities.” Part of that difference is that the Russians “conceptualize cyber operations within the broader framework of information warfare, a holistic concept that includes computer network operations, electronic warfare, psychological operations, and information operations.”

And as part of their overall operations in that realm, not only does Russia “employ cyber as a conventional force enabler,” they integrate cybercriminals, hacktivists, and other nefariously malign non-state actors into their overall operations scheme, a practice also undertaken by “China, Iran, North Korea, and other cyber adversaries.”

That information is further borne out by the writings of Professor Dr. Mark Galeotti, PhD, who in June 2022 was recently banned from travel to Russia, wrote an OpEd in the independent news journal The Moscow Times, published December 22, 2017, that, “It is hard to sustain a serious claim that NATO tanks are about to surge eastwards – though some of the Kremlin’s more fanciful propagandists do try – but the virtues of the “secret battlefield” of intelligence work is that it is precisely covert.”

Dr. Galeotti is an internationally-recognized expert in security politics, intelligence services and criminality of modern Russia, is a Senior Non-Resident Fellow of the Institute of International Relations Prague, an Associate Fellow at the Council on Geostrategy, Honorary Professor at the UCL School of Slavonic and East European Studies, Honorary Professor at University College London, and Executive Director and principal in Mayak Intelligence, a London-based consultancy specializing in, and primarily focusing upon understanding organized and transnational crime, war, politics and history in Russia. Dr. Galieotti is also a contributing member of the Network of Experts of the independent civil-society organization Global Initiative Against Transnational Organized Crime, headquartered in Geneva, Switzerland.

The root cause of such problems, wrote David J. Smith in “How Russia Harnesses Cyber Warfare,” published in Defense Dossier, American Foreign Policy Council (August 2012: Issue 4), 9,” is inherently based in, and the natural outcome of,