TFTC: A Bitcoin Podcast

#697: The Legal Fight Against UK Online Censorship with Preston Byrne

5 snips
Dec 22, 2025
Marty chats with Preston Byrne, a technology and constitutional lawyer passionate about free speech and internet policy. They dive into Preston's legal battles defending platforms like 4chan against UK and EU censorship laws. He explains the implications of the Digital Services Act and UK Online Safety Act on American free speech. They also discuss his proposed Granite Act, aiming to protect U.S. citizens from extraterritorial censorship. Preston shares his insights on the chilling climate for free speech in the UK and offers ways for listeners to get involved.
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ADVICE

Escalate Notices To US Authorities

  • If foreign regulators send coercive notices, document and present them to the US executive and Congress to prompt a legal response.
  • Byrne and clients served notices to Washington to spur legislative and executive action like the proposed Granite Act.
ADVICE

Attack Service Validity First

  • Challenge foreign orders' service methods in US courts by arguing they were not validly served under the Hague Convention or US due process.
  • Byrne's suit asks DC court to confirm Ofcom emails weren't proper legal service so enforcement here is moot.
INSIGHT

Sovereign Immunity Is A Major Barrier

  • Ofcom can seek sovereign immunity under the Foreign Sovereign Immunities Act, making direct suits difficult.
  • Byrne brought the case partly to create a public record proving US law currently favors foreign sovereign attackers.
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