Congressional Record—Senate S4658
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S4658 CONGRESSIONAL RECORD — SENATE August 3, 2020 The PRESIDING OFFICER. Without companies censor political viewpoints employ disturbing and familiar im- objection, it is so ordered. that they find objectionable. That was agery. COMMUNICATIONS DECENCY ACT 2 years ago. It has only worsened in the According to the ESPN investiga- Mr. WICKER. Madam President, for 2 years since then. tion, one former league employee com- almost 25 years, the internet has grown These concerns come at a time when pared the atmosphere at the Xinjiang and thrived under the light-touch regu- tech companies wield unprecedented camp to ‘‘World War II Germany.’’ latory framework established by the power within our economy and our cul- An American coach, who worked at a Communications Decency Act. I hope ture at large, and no one can deny that. similar facility, described it as a we can continue that. I think some A bipartisan chorus of committee ‘‘sweat camp for athletes.’’ changes need to be made. members from the other body pointed Now, according to the investigation, Passed in 1996, the law that the Com- this out just last week. More and more almost immediately after the NBA munications Decency Act is a part of of our daily business is taking place launched this program back in 2016, helped create the internet. Section 230 online, and that trend is only accel- multiple coaches who were staffing the of that law gives broad liability protec- erating during the current pandemic. camps reported to high-ranking organi- tions to interactive computer services, As we near the 2020 election, Ameri- zation officials that they had witnessed such as Facebook, Twitter, and other cans have serious concerns about Chinese coaches beating and berating social media platforms. This provision whether online platforms will treat student athletes. Bear in mind that protects online platforms from being campaigns on both sides of the aisle these reports were made in 2016. They also reported that the Chinese Com- held liable for content posted by their fairly and equally. Those concerns are munist Party officials who were in users. warranted. I have those concerns. This is a unique protection for online Americans are right to be worried charge of the camp were denying stu- platforms, and not everyone in our about interference by politically ho- dents an education. In coming to this elite camp, they country enjoys those protections. For mogenous tech firms that hold unprec- were to receive both an education and example, newspapers do not enjoy this edented sway over our Nation’s polit- elevated sports training, but the re- important protection. But we have ical discourse. ports, going back to 2016, said the chil- done this for internet platforms. After 24 years, it is time for Congress dren were being abused, beaten, be- At the same time, section 230 of the to revisit section 230 of the Commu- rated, and denied the education. So Communications Decency Act allows nications Decency Act and start with why then did the NBA maintain these online platforms to censor content that refining—perhaps narrowing—the scope programs? of what counts as otherwise objection- they—the platforms—consider obscene, Money. lewd, harassing, along with several able content subject to censors. There Communist China plays host to an other categories, including the term may be other reforms that would be estimated $4 billion NBA market. They ‘‘otherwise objectionable.’’ better, but I think it is time for Con- say that China is basketball-obsessed, I am concerned that this term, ‘‘oth- gress and the committee that I chair to and NBA execs have used every avenue erwise objectionable,’’ is too broad and revisit this section of the law. they can to take advantage of that, ends up protecting online platforms Last week, the Commerce Sub- and they jealously protect these rela- when they remove content that they committee on Communications, Tech- tionships. simply disagree with or dislike or find nology, Innovation, and the Internet Last October, when Houston Rockets’ distasteful personally. convened a hearing to consider exactly General Manager Daryl Morey tweeted I fear section 230 has enabled big tech this issue, and it was a very good hear- in support of the Hong Kong Freedom companies to censor conservative views ing. As chairman of the Commerce Fighters, multiple league all-stars, and voices, and I am joined by a lot of Committee, I intend to pursue this stakeholders, and well-connected em- Americans in that view. As such, this matter thoroughly and evaluate what ployees lashed out in a panic—terrified provision has become a loophole for changes are needed to section 230. Con- of retaliation from Beijing. censoring free speech, and it risks ne- gress needs to ensure that the internet Team owner and Alibaba co-founder gating the values at the very heart of remains a forum for a ‘‘true diversity Joe Tsai not only sided with the Chi- our First Amendment. of political discourse’’ that promotes nese Communist Party as it retaliated In the last few years, reports of on- competition and innovation. against the entire league, but he char- line censorship of conservative view- I suggest the absence of a quorum. acterized the Hong Kong protesters as points have grown more frequent. In The PRESIDING OFFICER (Mr. leading a separatist movement. early 2018, for example, an undercover BOOZMAN). The clerk will call the roll. Their over-the-top reactions are report exposed Twitter for systemati- The senior assistant legislative clerk proof enough of how fragile the NBA’s cally ‘‘shadow banning’’ conservative proceeded to call the roll. relationship with China actually is and profiles—meaning users were blocked Mrs. BLACKBURN. Mr. President, I who is really in control of this rela- from the platform without being noti- ask unanimous consent that the order tionship. The control is not with the fied. for the quorum call be rescinded. NBA. More recently, Google threatened to The PRESIDING OFFICER. Without In June, I sent a letter to the NBA, demonetize a conservative news site, objection, it is so ordered. expressing my concerns about the The Federalist, for not removing offen- CHINA training camps in Xinjiang and the sive content in their comment section. Mrs. BLACKBURN. Mr. President, league’s entanglement with the Chi- Based upon information I received, the last week, journalists at ESPN pub- nese Communist Party. In their re- comments may indeed have been derog- lished the results of a bombshell inves- sponse, they announced that they had atory and unacceptable. But what is tigation into human rights violations closed their facilities in the region and noteworthy is that Google’s threat to- at NBA training academies in China. that they had severed their ties to any ward the Federalist was hyperselective When you think about a basketball programs there. and a bit hypocritical. Google held the camp, you probably think of shooting The problem is that the ESPN report Federalist accountable for comments drills or running sprints, but these I referenced previously disputes that made by the Federalist readers, but camps look much different. The inves- assertion. I am reaching out for clari- Google does not want to be held re- tigation focused on training camps lo- fication on that matter, but in their re- sponsible for the posts or comments by cated in Xinjiang. This particular re- sponse, I hope NBA officials express users on Google’s platforms, including gion in western China has achieved a clarity regarding all—each and every YouTube—a double standard imposed certain level of notoriety in recent one—of their business relationships by Google itself. This selective scru- months for the horrific political vio- with China because the NBA and other tiny reveals what most Americans al- lence its government officials inflict on organizations that maintain close ties ready believe: that tech companies are the Uighur Muslim minority. So it is to the Chinese Communist Party be- politically biased. no surprise that the stories told by lieve that they are merely taking ad- According to a 2018 Pew study, 7 out trainers, coaches, and other NBA em- vantage of a growing consumer mar- of 10 Americans believed social media ployees who helped to run these camps ket—or that is what they say. To them, VerDate Sep 11 2014 02:02 Aug 04, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G03AU6.022 S03AUPT1 SSpencer on DSK126QN23PROD with SENATE August 3, 2020 CONGRESSIONAL RECORD — SENATE S4659 it is the smart, savvy play. That is As I said, with what we know now ment with what has become one of the what they believe. In reality, what about the Belt and Road Initiative— most dangerous and powerful nations they are doing is giving the ball away. the digital Silk Road, its push in the on the planet. They are playing right into Beijing’s great power competition—it has now Mr. President, I ask unanimous con- hands, and those hands are controlled spent somewhere between $1 trillion sent to have printed in the RECORD the by the Chinese Communist Party. and $8 trillion around the globe. Some previously referenced article from Since 2013, the CCP has operated of these countries, like Djibouti, are ESPN, dated July 29, 2020. under a grand strategy to stretch its holding 80 percent of the debt in ex- There being no objection, the mate- influence across Europe, Africa, and change for locating a military post, for rial was ordered to be printed in the Asia. This strategy is known as—quite having a naval base, for building out RECORD, as follows: elegantly, they think—the Belt and its spy network globally.