I don't think it would apply to past incidents of censorship but it would almost certainly apply to existing bans, throttles, shadowbans, etc. because you would have in effect a new incident on the first day the law took effect.
Good question! I imagine you would sue on the basis of being blocked or throttled, show whatever evidence you can, judge determines whether you have a case, and then... discovery!
This is great news! Will the private right of action apply retroactively?
I don't think it would apply to past incidents of censorship but it would almost certainly apply to existing bans, throttles, shadowbans, etc. because you would have in effect a new incident on the first day the law took effect.
How would we uncover existing bans, throttles, etc., wouldn’t we need to view the algorithm?
Good question! I imagine you would sue on the basis of being blocked or throttled, show whatever evidence you can, judge determines whether you have a case, and then... discovery!