Day: May 18, 2023

The U.S. Supreme Court on Thursday refused to clear a path for victims of attacks by militant organizations to hold social media companies liable under a federal anti-terrorism law for failing to prevent the groups from using their platforms, handing a victory to Twitter.

The justices, in a unanimous decision, reversed a lower court’s ruling that had revived a lawsuit against Twitter by the American relatives of Nawras Alassaf, a Jordanian man killed in a 2017 attack during New Year’s celebration in a Istanbul nightclub claimed by the Islamic State militant group. 

The case was one of two that the Supreme Court weighed in its current term aimed at holding internet companies accountable for contentious content posted by users – an issue of growing concern for the public and U.S. lawmakers. 

The justices on Thursday, in a similar case against Google-owned YouTube, part of Alphabet Inc, sidestepped ruling on a bid to narrow a federal law protecting internet companies from lawsuits for content posted by their users — called Section 230 of the Communications Decency Act. 

That case involved a lawsuit by the family of Nohemi Gonzalez, a 23-year-old college student from California who was fatally shot in an Islamic State attack in Paris in 2015, of a lower court’s decision to throw out their lawsuit. 

The Istanbul massacre on Jan. 1, 2017, killed Alassaf and 38 others. His relatives accused Twitter of aiding and abetting the Islamic State, which claimed responsibility for the attack, by failing to police the platform for the group’s accounts or posts in violation of a federal law called the Anti-Terrorism Act that enables Americans to recover damages related to “an act of international terrorism.” 

Twitter and its backers had said that allowing lawsuits like this would threaten internet companies with liability for providing widely available services to billions of users because some of them may be members of militant groups, even as the platforms regularly enforce policies against terrorism-related content. 

The case hinged on whether the family’s claims sufficiently alleged that the company knowingly provided “substantial assistance” to an “act of international terrorism” that would allow the relatives to maintain their suit and seek damages under the anti-terrorism law.

After a judge dismissed the lawsuit, the San Francisco-based 9th U.S. Circuit Court of Appeals in 2021 allowed it to proceed, concluding that Twitter had refused to take “meaningful steps” to prevent Islamic State’s use of the platform. 

President Joe Biden’s administration supported Twitter, saying the Anti-Terrorism Act imposes liability for assisting a terrorist act and not for “providing generalized aid to a foreign terrorist organization” with no causal link to the act at issue. 

In the Twitter case, the 9th Circuit did not consider whether Section 230 barred the family’s lawsuit. Google and Meta’s Facebook, also defendants, did not formally join Twitter’s appeal.

Islamic State called the Istanbul attack revenge for Turkish military involvement in Syria. The main suspect, Abdulkadir Masharipov, an Uzbek national, was later captured by police.

Twitter in court papers has said that it has terminated more than 1.7 million accounts for violating rules against “threatening or promoting terrorism.” 
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Drug overdose deaths in the U.S. went up slightly last year after two big leaps during the pandemic. 

Officials with the Centers for Disease Control and Prevention say the numbers plateaued for most of last year. Experts aren’t sure whether that means the deadliest drug overdose epidemic in U.S. history is finally reaching a peak, or whether it’ll look like previous plateaus that were followed by new surges in deaths. 

“The fact that it does seem to be flattening out, at least at a national level, is encouraging,” said Katherine Keyes, a Columbia University epidemiology professor whose research focuses on drug use. “But these numbers are still extraordinarily high. We shouldn’t suggest the crisis is in any way over.” 

An estimated 109,680 overdose deaths occurred last year, according to numbers posted Wednesday by the CDC. That’s about 2% more than the 107,622 U.S. overdose deaths in 2021, but nothing like the 30% increase seen in 2020, and 15% increase in 2021. 

While the overall national number was relatively static between 2021 and 2022, there were dramatic changes in a number of states: 23 reported fewer overdose deaths, one — Iowa — saw no change, and the rest continued to increase. 

Eight states — Florida, Indiana, Kentucky, Maryland, Michigan, Ohio, Pennsylvania and West Virginia — reported sizable overdose death decreases of about 100 or more compared with the previous calendar year. 

Some of these states had some of the highest overdose death rates during the epidemic, which Keyes said might be a sign that years of concentrated work to address the problem is paying off. State officials cited various factors for the decline, like social media and health education campaigns to warn the public about the dangers of drug use; expanded addiction treatment — including telehealth — and wider distribution of the overdose-reversing medication naloxone. 

Plus, the stigma that kept drug users from seeking help — and some doctors and police officers from helping them — is waning, said Dr. Joseph Kanter, the state health officer for Louisiana, where overdose deaths fell 4% last year. 

“We’re catching up and the tide’s turning — slowly,” said Kanter, whose state has one of the nation’s highest overdose death rates. 

Beginning in the mid-1990s, abuse of prescription opioid painkillers was to blame for deaths before a gradual turn to heroin, which in 2015 caused more deaths than prescription painkillers or other drugs. A year later, the more lethal fentanyl and its close cousins became the biggest drug killer. 

Last year, most overdose deaths continued to be linked to fentanyl and other synthetic opioids. About 75,000, up 4% from the year before. There also was an 11% increase in deaths involving cocaine and a 3% increase in deaths involving meth and other stimulants. 

Overdose deaths are often attributed to more than one drug; some people take multiple drugs and officials say inexpensive fentanyl is increasingly cut into other drugs, often without the buyers’ knowledge. 

Research from Dr. Daniel Ciccarone, a drug policy expert at the University of California, San Francisco, suggests “there appears to be some substitution going on,” with a number of people who use illicit drugs turning to methamphetamines or other options to try to stay away from fentanyl and fentanyl-tainted drugs. 

Ciccarone said he believes overdose deaths finally will trend down. He cited improvements in innovations in counseling and addiction treatment, better availability of naloxone and legal actions that led to more than $50 billion in proposed and finalized settlements — money that should be available to bolster overdose prevention. 

“We’ve thrown a lot at this 20-year opioid overdose problem,” he said. “We should be bending the curve downward.” 

But he also voiced some caution, saying “we have been here before.” 

Consider 2018, when overdose deaths dropped 4% from the previous year, to about 67,000. After those numbers came out, then-President Donald Trump declared “we are curbing the opioid epidemic.” 

But overdose deaths then rose to a record 71,000 in 2019, then soared during the COVID-19 pandemic to 92,000 in 2020 and 107,000 in 2021. 

Lockdowns and other pandemic-era restrictions isolated people with drug addictions and made treatment harder to get, experts said. 

Keyes believes that 2022’s numbers didn’t get any worse partly because isolation eased as the pandemic ebbed. But there may be issues ahead, others say, like increased detection of veterinary tranquilizer xylazine in the illicit drug supply and proposals to scale back things like prescribing addiction medications through telehealth. 

“What the past 20 years of this overdose crisis has taught us is that this really is a moving target,” Keyes said. “And when you think you’ve got a handle on it, sometimes the problem can shift in new and different ways.” 
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Montana Governor Greg Gianforte on Wednesday signed legislation to ban Chinese-owned TikTok from operating in the state, making it the first U.S. state to ban the popular short video app.

Montana will make it unlawful for Google’s and Apple’s app stores to offer the TikTok app within its borders. The ban takes effect January 1, 2024.

TikTok has over 150 million American users, but a growing number of U.S. lawmakers and state officials are calling for a nationwide ban on the app over concerns about potential Chinese government influence on the platform.

In March, a congressional committee grilled TikTok chief executive Shou Zi Chew about whether the Chinese government could access user data or influence what Americans see on the app.

Gianforte, a Republican, said the bill will further “our shared priority to protect Montanans from Chinese Communist Party surveillance.”

TikTok, owned by Chinese tech company ByteDance, said in a statement the bill “infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok,” adding that they “will defend the rights of our users inside and outside of Montana.”

The company has previously denied that it ever shared data with the Chinese government and has said it would not do so if asked.

Montana, which has a population of just over 1 million people, said TikTok could face fines for each violation and additional fines of $10,000 per day if it violated the ban. Apple and Google could also face fines of $10,000 per violation per day if they violate the ban.

The ban will likely face numerous legal challenges on the ground that it violates the First Amendment free speech rights of users. An attempt by then-President Donald Trump to ban new downloads of TikTok and WeChat through a Commerce Department order in 2020 was blocked by multiple courts and never took effect.

TikTok’s free speech allies include several Democratic members of Congress, including Representative Alexandria Ocasio-Cortez, and First Amendment groups such as the American Civil Liberties Union.

Gianforte also prohibited the use of all social media applications that collect and provide personal information or data to foreign adversaries on government-issued devices.

TikTok is working on an initiative called Project Texas, which creates a standalone entity to store American user data in the U.S. on servers operated by U.S. tech company Oracle.
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