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With device-level verification, Florida can lead on online safety

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Tech experts say it’s impossible to police the internet, free speech advocates say we shouldn’t try.

Neither is inherently wrong. The decentralized nature of the internet makes it difficult for authorities to enforce laws meant to protect children from the seedier side of the web. Meanwhile, most policies with teeth raise legitimate questions about free speech and privacy rights.

No solution is perfect. But as a parent, I believe it’s worth trying to find a better way.

The internet is a challenging landscape for children to navigate safely. As the adults in the room, it’s our job to keep them safe. Online safety was central to the legislation passed last year under Speaker Paul Renner and Senate President Kathleen Passidomo.

The issue is the internet is an ever-evolving place and technology will quickly outrun us if we do not stay on top of things. That’s why new legislation (HB 931/SB 1438) proposed by Majority Leader Tyler Sirois and Sen. Erin Grall is so important.

Google, Microsoft and Apple are all innovative companies. They provide services which, for better or worse, have become ingrained in our daily lives. Show of hands: Could you do your job without a smartphone or computer? Such ubiquity demands responsibility — these corporations are the gateway to the internet, with the overwhelming majority of internet users getting online through one of their devices.

That fact alone serves as a compelling argument that device-level age verification is not only a good fit for the future, but also for the present. We have the technology to ensure every child using one of these devices can be age verified and kept off of sites aren’t for kids. That means enforcing the age restrictions on social media, as passed by Legislature, as well as websites hosting adult content or offering online gambling.

Device-level age verification could work hand in hand with the application-based approach, complementing its effectiveness by keeping kids away from explicit or otherwise inappropriate content not accessed through a dedicated app. The ease of sidestepping age requirements using a browser is a gigantic loophole in current policy, but it’s one that device-based verification could close.

This is not a legislative food fight. This is a fight for our children’s innocence. The technology to provide device-based age verification already exists, and every day that passes without a mandate is another day we allow our children unfettered access to an unsafe online world.

Multiple states are looking at different solutions to this problem, and while I commend them for making the effort, taking the Utah route by passing only an application-based solution would be an insufficient and short-sighted move.

Besides, Florida is a leader, not a follower. With HB 931 and SB 1438, our Legislature has an opportunity to put Florida ahead of the curve and, once again, show other states what effective policy looks like.


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Chris Mitchell: Democrats, this is not how we win

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I tried my best to stay quiet.

Like many in the political world these past few weeks, I’ve watched these Special Elections in Florida’s 1st and 6th Congressional Districts unfold with a growing sense of frustration. I wanted to give the benefit of the doubt, to trust that the strategy made sense, that there was a bigger picture I wasn’t seeing.

But as we approach the final days of these races, it’s clear we have been lying to ourselves. And the cost of that delusion is too high to ignore.

Nearly $20 million has been spent on these two races, districts that Donald Trump won by overwhelming margins.

As of this writing, CD 1 shows a 19-point Republican turnout advantage and CD 6 has a 9-point GOP edge. These are not swing districts. These are not close races. And yet, every day, I see the same ads flooding social media: “We can win this. Donate now. We’re closing the gap.” When in fact, the gap is widening, not closing.

Let’s be clear: these races were never truly winnable. That’s not defeatism. That’s math. Now, I understand that this $20 million wouldn’t have been raised if not for these races. The candidates, the urgency, the fear, they all generated energy, and in turn, money.

But that’s exactly the problem.

We’re fueling a system that prioritizes emotional appeal over strategic outcomes. And while small-dollar donors give in good faith, believing their contribution might flip a seat, the only people consistently benefiting are the consultants cashing the checks.

This isn’t just poor planning. It’s donor abuse. It’s an unethical use of resources in a state that desperately needs long-term investment. Even the state party and the DNC, institutions that typically bring oversight and structure to competitive races, got swept up in the momentum.

I don’t know what internal conversations may have happened, but from the outside, it looked like no one stepped in to apply the kind of rigor or accountability we expect in viable races. And that’s not a criticism of leadership; it’s simply a hard truth about what happens when hope and hype go unchecked.

Imagine what we could have done with that $20 million. We could have launched the largest voter registration program Florida has ever seen. We could have hired and trained organizers in underserved communities. We could have built lasting infrastructure that would benefit not just one race, but every race to come.

Instead, we burned through donor dollars on campaigns that will leave nothing behind: no new voters, no stronger party infrastructure, no sustained momentum. Just grifters with a payday and a movement no stronger than it was before.

Let me be clear: I’m not accusing anyone of criminal conduct. But just because something is legal doesn’t mean it’s right. And just because a campaign exists doesn’t mean it should be used as a fundraising funnel for consultants and vendors with no long-term plan for the communities they claim to serve.

I understand the desire to fight everywhere. I understand the symbolism. But if we want to win, really win, we have to stop confusing activity with strategy. We have to be honest about what’s winnable, what’s worth building, and what actually helps us take back power.

We need to stop mistaking good intentions for good planning, and we need to stop letting consultants write checks with other people’s hope. As a consultant, I know I’m part of this system. And that’s exactly why I’m speaking up.

We should expect better from each other and demand more from the institutions and professionals who claim to fight for democracy. The party deserves better. Our donors deserve better. Our voters deserve better. And so do the candidates we recruit, people who give up their time with their families, careers, and so much more to step into the arena and run.

If we’re serious about building a real, sustainable movement in Florida or anywhere else, we have to stop chasing quick wins and start investing in lasting infrastructure.

This isn’t about giving up the fight. It’s about fighting smarter, with integrity, purpose, and accountability. We all love to say, “The stakes are too high.” Well, if that’s true, then the excuses have to stop. It’s time to act like it.

___

Chris Mitchell is a managing partner for Statecraft Digital.

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Here’s Brunch, a pop-up, weekend email about the 2025 Legislative Session — 3.30.25

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Good Sunday morning and welcome back to “Brunch,” a pop-up newsletter about the 2025 Legislative Session.

Even this Nole had to cheer as the Gators rallied from nine points down late to beat Texas Tech 84-79 in the NCAA Tournament’s West Region final last night. Congrats to UF on its sixth Final Four appearance.

Congratulations to the Florida Gators for returning to the Final Four. Image via AP.

Speaking of winners, please check out our choices for the Winner and Loser of the Week in Florida Politics by clicking here.

Happy birthday to former U.S. Rep. Patrick Murphy, state Rep. Fabián Basabe and Trent Phillips.

Now, please enjoy Brunch.

Hometown launch –

The official kickoff for U.S. Rep. Byron Donalds’ campaign for Governor drew crowds to the Sugarshack Downtown in Bonita Springs. He laid out his agenda, but it was also a time to gather with supporters who knew him the longest.

Tea Party memories: Donalds and wife Erika Donalds recalled the Congressman’s entry into the political field not so long ago, at a Tea Party rally at Pine Ridge Road and U.S. 41.

Byron Donalds launches his gubernatorial campaign, fueled by Tea Party roots and a promise for Florida’s future.

Sharing the stage: Political figures spoke at the event, including U.S. Reps. Kat Cammack and Cory Mills and state Rep. Lauren Melo. But Donalds interrupted his own speech to bring on Dianne Harris, a Naples activist who shared how Donalds calmed her nerves at that first Tea Party rally, advising that she speak from her heart.

Messages from afar: Not every celebrity endorser made the event. Conservative commentators Benny Johnson and Donald Trump Jr. sent recorded videos to hype the crowd.

Life story: Erika Donalds recalled moving to Collier County to be closer to her parents when Byron Donalds still worked at Cracker Barrel. Many of you, I see you in the crowd,” Erika said, “and I’m so grateful. You knew us before politics.”

Toastmasters in the House: The subject frequently came up that Donalds, a finance professional before he was a legislator, honed his public speaking at Toastmasters events in Naples.

Key message: Donalds’ closing message: “Florida will continue to be the best state in America and show the other 49 how to get the job done.”

What’s that sound? In one sign of the times, Donalds showed up onstage to the sounds of a hip-hop track. The choice of song? Wrestler John Cena’s “The Time is Now.”

It’ll be Fine –

Democrat Josh Weil grabbed national attention for outraising Republican Randy Fine 10-to-1. Now, Election Day is just two days away.

Landing Sanders: The Democrat picked up support from progressive champion U.S. Sen. Bernie Sanders. “Josh Weil is a working-class father of two and a middle school teacher who knows what it’s like to live paycheck to paycheck,” Sanders said. “Unlike his opponent, he does not have any billionaire-backed Super PACs supporting him.”

Democrat Josh Weil challenges Republican Randy Fine, attracting national attention and endorsements in a heated Florida race.

DNC boost: New Democratic National Committee Chair Ken Martin came to Northeast Florida to campaign for Weil with Florida Democratic Chair Nikki Fried. Additionally, the Human Rights Campaign PAC endorsed Weil after Fine slammed the Democrat for being a “bisexual Muslim.”

Is everything Fine? But Fine has Trump World turning up the heat. In addition to a tele-rally with President Donald Trump, Donald Trump Jr. posted a video urging voters to support Fine on Tuesday. “Democrats are pouring millions into this race to stop our America First agenda,” Trump Jr. said. “We can’t let them win.”

On the attack: Fine also has backed up his reputation for being pugnacious. Fine said the Sanders endorsement shows “socialist Josh Weil will do anything to grind President Trump’s agenda to a halt.“ On Facebook, he attacked Weil as a “drug addicted, bisexual, Muslim,” citing social media videos, including one where Weil shows a sobriety coin.

Panhandlers to the polls –

The race in the redder Panhandle has earned less attention, but Democrat Gay Valimont has outraised Republican Jimmy Patronis 3-to-1.

Gentler message or not: Florida’s Chief Financial Officer hasn’t been as personally provocative a Republican candidate as Fine. But he has put out ads slamming Valimont for involvement with the pro-gun control group Moms for Action and stoking resentment by saying liberals “hate us.”

CFO Jimmy Patronis faces Democrat Gay Valimont in a heated Panhandle race, marked by funding disparities and celebrity endorsements.

Off the chain: Valimont, meanwhile, has brought in some big names of her own, like rapper 2 Chainz, who held a free concert in Pensacola to attract Democrats to polls on the last day of early voting on Saturday.

To the polls –

Three Miami-Dade County municipalities hold elections Tuesday; two are guaranteed to shake up government leadership.

Miami Springs: Voters will pick new occupants for a trio of seats at City Hall, including Mayor, with Bob Best and Walter Fajet vying to succeed Maria Puente Mitchell as Miami Springs’ top official. Joseph Dion, Irma Matos and MaryJo Mejia-Ramos compete for the Council’s Group 2 seat. Tom Hutchings is again running for the Group 4 seat, with Fabián Perez-Crespo standing in his way.

If it’s Tuesday, somebody is voting somewhere.

Bay Harbor Islands: Two seats on the Town Council are up for grabs in Bay Harbor Islands, but three people are running for them. Will voters again choose incumbents Stephanie Bruder and Molly Diallo in the at-large contest, or will they oust one in favor of political newcomer Dan Sanchez?

Surfside: In a Special Election, voters will decide whether to amend the Town Charter to limit the floor area ratio for new detached single-family homes in the H30A and H30B districts to 0.05, or roughly half the size of the lot area. If approved, exceptions to that limit would require approval by the Town Commission and 60% of voters.

Who will show up? Turnout varies for these local races, based on Miami-Dade Elections Department data. In March 2023, just 21% of the Miami Springs voters and 24% of voters in Bay Harbor Islands cast ballots, while 39% of Surfside voters did so in the town’s General and Special Elections the year prior.

Don’t tune out yet. On the Tuesday after April 8, Coral Gables and Miami Shores will hold elections, too.

Miami spice –

The release of a video celebrating 30 years of Republican leadership in the House may have heated a simmering beef between Speaker Danny Perez and former Speaker José Oliva.

Time lapse video: The video shared by Perez covers achievements in the three decades since Daniel Webster became Florida’s first GOP Speaker. The video includes sound bites from some of the more prominent Speakers like Marco Rubio in that period, but it doesn’t cover all 15 men to hold the gavel.

Video celebrating Republican House leadership sparks feud between Speaker Danny Perez and former Speaker José Oliva over apparent snub.

Noticeable snub: Still, the video shouted out every other Speaker to preside over the chamber during the tenure of the current senior class in the House except one: Oliva. The Miami Republican served from 2018 to 2020, Perez’s first full term in the chamber.

Rapid response: Oliva, in a comment on X, commented on the video by calling Perez a “wolf in sheep’s clothing.” “All you have done is support overriding spending cuts and obstruct the efforts of the country’s most conservative Governor,” Oliva wrote.

Context clues: Oliva had disagreements with Ron DeSantis as Governor, particularly over E-Verify. But he never engaged in the feuding seen in Special Sessions this year between the Governor and Perez. Moreover, Oliva is widely considered a favorite whenever DeSantis names a new Lieutenant Governor.

Senate side –

The Senate’s first proposed spending plan for Fiscal Year 2024-25 came in at $117.36 billion. That’s $1.3 billion below last year’s mark.

Agriculture, environment and general government: Senate President Ben Albritton is focusing on a “Rural Renaissance” this Session. As for the budget aspect, the Senate is putting forward $10.4 billion to help the ag industry. The budget contains $3.5 billion for the Florida Department of Agriculture and Community Services, including $250 million for a Rural and Family Lands Protection Program and $37.7 million for the Department of Citrus.

Senate unveils a $117.36B spending plan, prioritizing agriculture, transportation, and education, focusing on rural development.

Transportation, tourism and economic development: Senate negotiators include $18 billion for transportation issues. A big bulk of that – $13 billion – would go to the transportation work program in the Florida Department of Transportation. FloridaCommerce secured $1.7 billion

Higher ed: The state is spending $8.7 billion on higher education. That includes $4.25 billion for the State University System, $1.75 billion for the Florida College System, $1.07 billion for financial aid and just under $820 million in School District Workforce funds.

House rules –

The overall House number came in even lower than the Senate’s, at just under $113 billion.

Human services: The House is spending the most in this sphere, at nearly $47 billion. That includes $36.2 billion for the Agency for Health Care Administration, $4.75 billion for the Department of Children and Families and $4.03 billion for the Department of Health.

Education: House appropriators are slotting $30.85 billion for education. Among those spending provisions are $19.48 billion for public schools, $4.55 billion for universities and $1.77 billion for colleges.

Environment and transportation: This is the other significant spending pot, at $21.18 billion. The Department of Transportation would get $15.38 billion, with $2 billion going toward the Department of Environmental Protection.

Vroom, vroom –

No-fault auto insurance is again nearing the chopping block in Tallahassee. Legislators on both sides of the political road voted in committee last week for a bill to replace Florida’s existing requirement for motorists to buy personal injury protection (PIP) with a fault-based arrangement that would increase their liability.

Pay up: Under the proposed change, Florida would swap its existing mandate requiring drivers to carry PIP coverage of $10,000 per person and $20,000 per incident with one of $25,000 per person and $50,000 per incident. After an accident, the victim could sue the offending driver directly rather than their insurer.

Florida considers ditching no-fault auto insurance, sparking debate over costs, coverage, and potential impact on drivers.

Disputed charges: Opponents of the legislation, including insurance lobbyists and representatives from the health care industry, contend that the bill (HB 1181) will increase costs and drive some motorists to forgo auto coverage altogether. Proponents, including Hillsborough Republican Rep. Danny Alvarez, the bill’s sponsor, say the change will bring about more parity and cut costs instead.

Street legal: More than a hundred motorcyclists traveled to the Capitol on Thursday wearing shirts that read “Trump Bikers” and “Insurance Reform” to support Alvarez’s proposal. Joshua Lipton, a personal injury lawyer from the Tampa Bay area, noted that the current PIP law applies only to vehicles with four or more wheels, which excludes bikers and puts them at financial risk disproportionate to their car-driving counterparts.

Dead end? The bill cleared its first of three committee stops 13-2, with Democrats joining Republicans in voting up the bill. But there may be a rocky road ahead; DeSantis vetoed a similar proposal lawmakers passed in 2021 and signaled he’s keen on doing it to this year’s bill if it reaches his desk.

Final Four-bound Gators –

A furious second-half comeback on Saturday sent Florida to the Final Four for the first time in 11 years.

Clayton stars: Trailing Texas Tech by as many as 10 points in the second half, Florida closed the game on an 18-4 run led by Walter Clayton Jr., who scored 30 points. Clayton, the first Gator to earn first-team All-American honors, did not score until the 8:47 mark of the first half.

Walter Clayton Jr.’s stellar performance fuels Florida’s stunning comeback, propelling them to their first Final Four in 11 years.

Final 4 for 6: The Gators (34-4) advanced to the Final Four for the sixth time in program history. The last time Florida earned a spot in the national semifinals, they were a No. 1 seed, as they are this year. This time, Florida knocked off the third-seeded Red Raiders to earn a spot in San Antonio. It is the first Final Four appearance for head coach Todd Golden.

Who’s Next? The Gators will face the winner of Auburn and Michigan State. The top two seeds in the South Region face one another this evening at 5:05 p.m. ET in Atlanta. The Gators beat Auburn in SEC play, topping the Tigers 90-81 when Auburn was ranked No. 1 in the country. Florida has won 10 straight games overall.

If Florida wins two more games and clinches the program’s third national championship, it would be the 49th team national championship in school history. If the Gators cut down the nets, they would tie Villanova for eighth on the all-time list with three men’s basketball national titles.

Heat, Magic in playoff run –

With weeks left until the postseason, the Orlando Magic and Miami Heat face very different paths to the playoffs.

Orlando: The Magic trails the Milwaukee Bucks by five games for the final automatic spot in the playoffs. The Magic have six games remaining in the regular season, including Monday’s matchup with the Clippers at the Kia Center. If Orlando does not close the gap and finish as high as sixth, they will have to earn a spot in the playoffs in the play-in round. Orlando currently holds the seventh spot in the Eastern Conference.

Orlando Magic forward Paolo Banchero (5) drives past Sacramento Kings forward Trey Lyles, left, during the second half of Saturday’s match in Orlando. Image via AP.

Miami: The Heat sit six games ahead of 11th place Toronto with nine games to play. They are most likely in the play-in round and could surpass the Chicago Bulls for ninth place. Miami is hitting its stride at just the right time. After losing 10 straight games between March 5-21, Miami has won four consecutive games, including Saturday night’s 118-95 victory at Philadelphia.

Health a factor: Both teams are dealing with some health issues. Orlando lost both center Moritz Wagner and shooting guard Jalen Suggs for the year; point guard Cole Anthony has been sidelined with a toe injury. Miami played without forward Andrew Wiggins on Saturday, and the team does not expect him to play in road games in Washington and Boston this week.

The possibility exists that Miami and Orlando could meet in the play-in round, with only one of the Florida teams advancing to the main playoff bracket.

Talk of the town –

The Filibuster, a members-only club in Tallahassee, is living up to its name by offering a new lunch menu that gives members plenty to discuss.

Details: The special selection runs throughout Session from Tuesday through Thursday, 11:30 a.m. to 2 p.m.

Tallahassee’s Filibuster Club unveils new lunch menu, offering Florida leader-themed pizzas and a spot for late-night discussions.

Grab a bite: The club, located in the old Andrew’s basement, is offering neo-Neapolitan pizzas named after Florida leaders, as well as Italian salads and tapas for those looking for a quick bite between committee hearings.

That’s not all: While Session is still ending at a reasonable hour, you can head over to The Filibuster for evenings from Tuesday through Saturday when doors are open from 5 p.m. until someone invokes cloture.

– Brunching out –

Midtown & 3rd is an ambitious new restaurant and lounge just north of downtown Tallahassee. It offers food and beverage options on three levels: Sunday brunch, lunch, dinner, a lounge, nightlife, a full bar, and outdoor seating.

Backstory: Eric McKinnon and Apryl Lynn officially opened Midtown & 3rd on Jan. 17. The last spot there was the Chinese restaurant, The Joy Luck Place. McKinnon and Lynn are betting they can turn this location into a popular gathering spot. McKinnon is already well-known in Tallahassee because of his long-standing Leola’s Crab Shack, which opened in 2007. McKinnon closed Leola’s restaurant but is still operating a food truck.

Midtown & 3rd brings a multi-level dining experience to Tallahassee, blending Leola’s favorites with new restaurant and lounge offerings. Image via Tallahassee Table.

Setting: The venue features tables and TVs on its outdoor decks, which vary in size to accommodate a group of friends or a larger event. There’s a more formal bar and lounge on the top level and a restaurant on the ground level.

The Menu: Leola’s fans will find many of their favorites here – crab and seafood boils and platters with homey sides such as corn on the cob, fries and coleslaw. We ordered breakfast staples for a recent breakfast there, including eggs, cheesy grits, hash browns, bacon, sausage, biscuits and pancakes. It’s easy to feast. The menu adds lunch-type choices such as breaded and fried catfish or salmon bites. The full bar prepares signature cocktails such as a Midtown Margarita and Peach Porch Punch.

Details: Midtown & 3rd is located at 1002 Monroe St.; 448-230-2590. Hours are 11 a.m. to 9 p.m. Wednesday to Saturday, 10 a.m. to 4 p.m. Sunday brunch.


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U.S. immigration officials look to expand social media data collection

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U.S. immigration officials are asking the public and federal agencies to comment on a proposal to collect social media handles from people applying for benefits such as green cards or citizenship, to comply with an executive order from President Donald Trump.

The March 5 notice raised alarms from immigration and free speech advocates because it appears to expand the government’s reach in social media surveillance to people already vetted and in the U.S. legally, such as asylum seekers, green card and citizenship applicants — and not just those applying to enter the country. That said, social media monitoring by immigration officials has been a practice for over a decade, since at least the second Obama administration and ramping up under Trump’s first term.

Below are some questions and answers on what the new proposal means and how it might expand social media surveillance.

The Department of Homeland Security issued a 60-day notice asking for public commentary on its plan to comply with Trump’s executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The plan calls for “uniform vetting standards” and screening people for grounds of inadmissibility to the U.S., as well as identify verification and “national security screening.” It seeks to collect social media handles and the names of platforms, although not passwords.

The policy seeks to require people to share their social media handles when applying for U.S. citizenship, green card, asylum and other immigration benefits. The proposal is open to feedback from the public until May 5.

“The basic requirements that are in place right now is that people who are applying for immigrant and non-immigrant visas have to provide their social media handles,” said Rachel Levinson-Waldman, managing director of the Brennan Center’s Liberty and National Security Program at New York University. “Where I could see this impacting is someone who came into the country before visa-related social media handle collection started, so they wouldn’t have provided it before and now they’re being required to. Or maybe they did before, but their social media use has changed.”

“This fairly widely expanded policy to collect them for everyone applying for any kind of immigration benefit, including people who have already been vetted quite extensively,” she added.

What this points to — along with other signals the administration is sending such as detaining people and revoking student visas for participating in campus protests that the government deems antisemitic and sympathetic to the militant Palestinian group Hamas — Levinson-Waldman added, is the increased use of social media to “make these very high-stakes determinations about people.”

In a statement, a spokesperson for the United States Citizenship and Immigration Service said the agency seeks to “strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible.”

“These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies,” the statement continued. USCIS estimates that the proposed policy change will affect about 3.6 million people.

The U.S. government began ramping up the use of social media for immigration vetting in 2014 under then-President Barack Obama, according to the Brennan Center for Justice. In late 2015, the Department of Homeland Security began both “manual and automatic screening of the social media accounts of a limited number of individuals applying to travel to the United States, through various non-public pilot programs,” the nonpartisan law and policy institute explains on its website.

In May 2017, the U.S. Department of State issued an emergency notice to increase the screening of visa applicants. Brennan, along with other civil and human rights groups, opposed the move, arguing that it is “excessively burdensome and vague, is apt to chill speech, is discriminatory against Muslims, and has no security benefit.”

Two years later, the State Department began collecting social media handles from “nearly all foreigners” applying for visas to travel to the U.S. — about 15 million people a year.

Artificial intelligence tools used to comb through potentially millions of social media accounts have evolved over the past decade, although experts caution that such tools have limits and can make mistakes.

Leon Rodriguez, who served as the director of USCIS from 2014 to 2017 and now practices as an immigration attorney, said while AI could be used as a first screening tool, he doesn’t think “we’re anywhere close to where AI will be able to exercise the judgment of a trained fraud detection and national security officer” or that of someone in an intelligence agency.

“It’s also possible that I will miss stuff,” he added. “Because AI is still very much driven by specific search criteria and it’s possible that the search criteria won’t hit actionable content.”

“Social media is just a stew, so much different information — some of it is reliable, some of it isn’t. Some of it can be clearly attributed to somebody, some of it can’t. And it can be very hard to interpret,” Levinson-Waldman said. “So I think as a baseline matter, just using social media to make high-stakes decisions is quite concerning.”

Then there’s the First Amendment.

“It’s by and large established that people in the U.S. have First Amendment rights,” she said. This includes people who are not citizens. “And obviously, there are complicated ways that that plays out. There is also fairly broad authority for the government to do something like revoking somebody’s visa, if you’re not a citizen, then there’s steps that the government can take — but by and large, with very narrow exceptions, that cannot be on the grounds of speech that would be protected (by the First Amendment).”


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