Yes, It's not Ex Post Facto (which isn't even enforced at the congress level as written in the Constitution; and another redpill-- Ex Post Facto is all laws not only criminal as taught/thought/interpreted. By allowing any law/bill to be ex post facto, erodes the very premise of the rule of law.);...
it goes to the core of how and why these 4th and 5th branches of gov are unconstitutional in the first place. By having a body/agency/etc. that can make rules, interpret rules, etc. all on their own, creates a conflict; and that conflict is often intentional for some very simple reasons.
At the heart of the issue, is while the actions were be done by industry was there a reasonable assumption/expectation that what they were doing was breaking "the/a law" or not.
In the real world, the industry which wrote the law; lobbied/paid for the law to get passed; has held off any meaningful "clarifications" so far--- here with active voting going on and <3 weeks from Election "Day"; means any "new" clarifications will be written (or already are written, with all the lobbying money spent by the industry for many years now to get 230 "updated"); will be written in a way which does basically automatically assumes to excuse any prior actions before the clarification was made. (Sorry yes :(, that was one sentence; by someone who's read way too many bookracks of law, regulations, and case law.) And in case they aren't written that way, it will be litigated for years, and settled (unlawfully) without guilt.
So this is where say the H. Biden hard drives, are a perfect example of breaking bad big' techs' reasonable assumption that what they(as a company, officers, employees, investors, etc.), are or are not doing, is either directly breaking the law or helping criminal activity after the fact; (which are well outside of any 230).
Ex Post Facto does not necessarily apply here. Clarification does not automatically excuse actions made before the clarification was made.
This is not the same as in criminal cases where laws have changed after the action.
Yes, It's not Ex Post Facto (which isn't even enforced at the congress level as written in the Constitution; and another redpill-- Ex Post Facto is all laws not only criminal as taught/thought/interpreted. By allowing any law/bill to be ex post facto, erodes the very premise of the rule of law.);...
it goes to the core of how and why these 4th and 5th branches of gov are unconstitutional in the first place. By having a body/agency/etc. that can make rules, interpret rules, etc. all on their own, creates a conflict; and that conflict is often intentional for some very simple reasons.
At the heart of the issue, is while the actions were be done by industry was there a reasonable assumption/expectation that what they were doing was breaking "the/a law" or not.
In the real world, the industry which wrote the law; lobbied/paid for the law to get passed; has held off any meaningful "clarifications" so far--- here with active voting going on and <3 weeks from Election "Day"; means any "new" clarifications will be written (or already are written, with all the lobbying money spent by the industry for many years now to get 230 "updated"); will be written in a way which does basically automatically assumes to excuse any prior actions before the clarification was made. (Sorry yes :(, that was one sentence; by someone who's read way too many bookracks of law, regulations, and case law.) And in case they aren't written that way, it will be litigated for years, and settled (unlawfully) without guilt.
So this is where say the H. Biden hard drives, are a perfect example of breaking bad big' techs' reasonable assumption that what they(as a company, officers, employees, investors, etc.), are or are not doing, is either directly breaking the law or helping criminal activity after the fact; (which are well outside of any 230).