The US Federal Trade Commission sent a letter on August 21 to major tech companies including Google, Meta, Amazon, Microsoft, and Apple asserting that the European Digital Services Act cannot be applied if it jeopardizes freedom of expression and the safety of US citizens. The letter cites the First Amendment, accuses pervasive online censorship of outraging the public, and signals a Trump administration shift to push back against foreign regulatory measures such as the EU DSA and UK Online Safety Act. The FTC raised GDPR encryption and censorship concerns, requested compliance reports from 13 companies, and reminded firms of Section 5 obligations under the FTC Act.
The opening of the letter-signed by FTC chairman Andrew Ferguson-features a prominent reference to the First Amendment of the US Constitution, namely freedom of speech: "Online platforms have become central to public debate, and the pervasive online censorship in recent years has outraged the American people. Not only have Americans been censored and banned from platforms for expressing opinions and beliefs not shared by a small Silicon Valley elite, but the previous administration actively worked to encourage such censorship."
In the letter, the US Antitrust Authority specifically asked the 13 companies to report "how they intend to comply with incorrect international regulatory requirements" (the deadline for scheduling a meeting was set for August 28) and recalled their "obligations towards American consumers under Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices" that could distort the market or compromise safety.
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