Congressman Michael Rulli of Ohio recently introduced a federal GRANITE Act (Guaranteeing Rights Against Novel International Tyranny and Extortion) to respond to what is commonly referred to as the foreign censorship threat. The legislation employs the approach devised by lawyer Preston Byrne to fend off, or even punish, what Byrne calls foreign “censorship demands.” But the problem is that foreign censorship is no longer just a threat. As a result of the European Union’s Digital Services Act, it is a widespread reality across all major online platforms. And the GRANITE model cannot stop it.
This model may prove serviceable in rebuffing the extraterritorial demands that British authorities might make under the Online Safety Act, which inspired Byrne’s idea, as his account of the GRANITE model’s genesis makes clear. But the Online Safety Act—ostensibly aimed at protecting minors and requiring the suppression of child sexual abuse material and terrorist content—has not been a major driver of online censorship.