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Critical case in the US: Big tech companies vs government intervention

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On Monday, the US Supreme Court heard a significant case that challenges some of the fundamental ideas that have guided the American economic order for the last fifty years.

The case, known as ‘NetChoice v. Paxton’, raises the question of whether the First Amendment prohibits economic regulation of technology platforms such as Google, Meta, Amazon, and TikTok under the guise of ‘free speech’.

NetChoice functions as a trade association for online businesses. NetChoice’s members include Amazon, Google, Lyft, Meta, Nextdoor, PayPal, Snap, TikTok, Verisign, Waymo, and X. The list of members comprises some of the biggest names in the tech industry.

NetChoice and its financial resources

NetChoice is a lobbying group funded by Google, Facebook, Amazon and TikTok. It primarily sues against public rules designed to restrict such companies.

Its budget is huge, accounting for about 15% of the entire Anti-Monopoly department of the federal government.

NetChoice immediately sued to block the law, as well as a similar law in Florida. Initially, the big tech firms attempted to frame the case as a ‘partisan fight’ by claiming that Texas was defending political conservatives against them.

However, this argument failed as there are other laws, such as California’s ‘California Age Appropriate Design Code Act’, which NetChoice sued to block.

Summary of cases

In 2021, Florida and Texas passed laws mandating that social media platforms with over 50 million American users cannot discriminate against users based on their viewpoint. These laws were a clear reaction to Donald Trump’s expulsion from Twitter and Facebook.

In 2021, the two technology groups challenged the Florida law in federal court. The district court blocked enforcement of the injunction and determined that it likely violated the First Amendment. The US Court of Appeals for the 11th Circuit sided with the trade groups after Florida appealed the decision.

The outcome of the case will have a direct impact on the multi-trillion dollar market, with potential political and social consequences in the US. Big Tech firms face claims related to anti-monopoly, privacy rights, civil rights, and free speech issues. Congress and state legislatures are taking action to address ‘surveillance advertising’ and the exploitation of children by these companies.

This case may disrupt counter-political moves as Big Tech companies’ lawyers claim that the US Constitution does not allow elected officials to interfere with private technology platforms, even when their decisions have significant societal consequences.The case has raised interesting and bizarre questions as arguments unfolded. For instance, Facebook’s lawyer, Paul Clement, argues that the company has the First Amendment right to discriminate racially or religiously in its services or to create services that addict children.

Similarly, Google’s lawyer confirms that the company can delete Tucker Carlson or Rachel Maddow’s Gmail account due to political disagreement.

During a discussion, Judge Neil Gorsuch inquired about the ability of technology companies, such as Gmail, to delete emails and private direct messages that contain sensitive topics like race, politics, and religion. Clement responded that the decision would depend on the application of the ‘equal protection’ clause, but also noted that this issue involves editorial judgments.

Big Tech received support from a variety of third parties, including the ACLU, privacy law professors, companies like Etsy, historians, civil rights groups, the US Chamber of Commerce, and national security experts such as General Stanley McChrystal.

The judges are uncertain

It is yet to be determined how the Supreme Court judges, who are hearing the case, will address the issue of ‘freedom of expression’.

Judge Gorsuch, for instance, inquired whether ‘algorithms specifically designed to lure young people into addiction or suicide, depression and that sort of thing’ are covered by freedom of expression and can, therefore, be regulated by the state.

Counsel Clement responded that the state could not regulate them.During the hearing, Judge Barrett inquired about the possibility of big tech companies banning users based on their religion.The response was affirmative, indicating that if Google wished to restrict its platform to only Catholics, it would have the right under the First Amendment to exclude Protestants from a Catholic gathering.

Jim Crow in anti-regulation

The argument that technology companies should not be regulated because the government cannot interfere can be traced back to the Civil Rights movement in the US and the conservative reaction to it.

This is reminiscent of the opposition to the 1964 Civil Rights Act and the views of Robert Bork, the Yale University law professor who opposed it. The new case has brought these issues to the forefront once again. Bork judged that racial discrimination could be defended as long as it was ‘privatised’ in relation to the civil rights movement’s struggle against it.His article in The New Republic defending racial segregation was highly controversial. The descendants of Southern slave owners expressed their satisfaction, with a South Carolina banker even writing to Bork that it was ‘very encouraging for them to have a Goldwater man at Yale’.Barry Goldwater was a conservative senator from Arizona.

The editors of The New Republic argued against Bork’s legal opinions. Private property owners have always been able to conduct their affairs within certain public impositions. For example, under English common law, an innkeeper was obliged to admit all customers, provided they were sober and regular. Southern businesses in the US and Bork were abusing private property law and demanding exemption from public obligations. The vocabulary is accessible, and the grammar, spelling, and punctuation are correct.

Bork did not defend racism in his article; he found it ‘abhorrent’. However, he believed that the state should not dictate the terms on which businessmen use their private property. The text is now structured logically, with short and simple sentences in the active voice. No changes in content were made.

Southern property rights combined with neoliberal financialisation

In effect, the Yale professor was echoing the arguments of slavery advocates on both sides of the Atlantic during the American Civil War. Southern slave owners and their supporters argued that their slaves were their private property and that state interference in private property was contrary to the fundamental principle of liberalism.

Although the abolitionist Northern republicans won the American Civil War, a compromise was made with the South immediately after the war, giving white landowners there the right to practice racial segregation. These laws, known as the ‘Jim Crow laws’, reinforced racial segregation in the South, with blacks, for example, no longer allowed to enter buses or hotels with whites.

The origin of the term ‘Jim Crow’ is attributed to ‘Jump Jim Crow’, a black-faced song and dance character first created in 1828 by white actor Thomas D. Rice. As a result of Rice’s fame, Jim Crow had become a pejorative expression meaning ‘Negro’ by 1838. When Southern legislatures passed racial discrimination laws against African Americans at the end of the 19th century, these laws became known as the ‘Jim Crow laws’.

Although racial segregation was ended at the federal level in 1964, these arguments continued to have a strong political impact. The South had always favoured civil service rules and anti-monopoly rules because Southerners saw these legal instruments as checks on the overwhelming power of Northern capital.

In the 1960s, Bork opposed anti-monopoly laws that protected small firms against large corporations. He argued that these laws were ‘inefficient’ and harmful to consumers. Large corporations cherished Bork after his article in Fortune magazine, and he gained access to ‘research’ funds with attractive fees.

During the neoliberal era, the trend towards deregulation led to the politicisation of small anti-monopoly corporations and white Southern property owners on an ‘anti-state interventionist’ platform. These groups aligned with the deregulatory aspirations of the era’s hyper-financialisation.

Interestingly, Bork’s theses also influenced the liberal left. Bork believed in economic specialisation and concentration of capital, but he was against populism and small businesses. He viewed monopolies’ price controls as their property rights and a matter of consumer rights.

As a result, he supported all forms of price controls except those based on gender and racial discrimination. The case before the Supreme Court may clarify whether there are any obstacles to this. Bork’s anti-Civil Rights and pro-monopoly reasoning in Big Tech’s defence is easily traceable.

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AI spending heads toward $7 trillion as analysts warn of market bubble risks

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Massive financial resources directed into artificial intelligence technologies are driving companies into dangerous territory for global markets.

If expected productivity gains fail to materialize despite these immense capital flows, the artificial intelligence sector faces the risk of inflating into a giant bubble.

The Wall Street Journal reported that should such a scenario unfold, a widespread collapse capable of shaking the entire financial system and dragging down the broader market will become inevitable.

Estimates by McKinsey & Company project that global spending on data center construction alone could reach $7 trillion by 2030.

According to the newspaper, if these massive investments fail to deliver adequate productivity gains, the global economy will suffer a severe blow.

Should the sector as a whole turn out to be a bubble, the resulting damage will spread directly across the broader financial system.

While market observers note that a major crash—whether sooner or later—would drag all equity markets down with it, declines in AI-related stocks are currently being offset by gains in other sectors.

However, the first concrete signs of emerging vulnerability appeared in the memory chip market, where a sector-specific bubble formed and burst within just four months.

South Korean market shaken by sharp drop

In June, shares of South Korea’s Samsung and SK Hynix, the world’s two largest memory chip makers, sank by more than 12%.

The sharp sell-off pulled down the country’s broader stock index. South Korea’s benchmark Kospi index dropped 10%, triggering an automatic 20-minute trading halt.

Growing investor anxiety over artificial intelligence triggered the steep decline in the two giant companies, which together account for half of the total market capitalization of the Kospi index.

US equity markets also felt the ripple effects during the same period. The Nasdaq index closed down 2.2%, while the S&P 500 fell 1.4%, marking their worst single-day performances in two weeks.

Nevertheless, The Wall Street Journal pointed out that the disruption has not yet produced catastrophic consequences for the rest of the market.

While the bursting of massive historical bubbles resulted in disaster for national economies, smaller and localized bubbles in recent years have failed to paralyze broader economic growth.

The primary reason for this resilience is that these recent investments were not predominantly funded through leverage and bank credit.

When those localized bubbles burst, investors suffered wealth losses, but the financial system remained intact.

Russell Napier, a global macroeconomic strategist and keeper of the Library of Mistakes, a financial history archive in Edinburgh, evaluated the current market posture:

“The banking system is in superb condition, which means there will always be enough credit available to blow the next bubble.”

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Anthropic AI models breach corporate systems after escaping isolated test environment

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Anthropic has announced that several of its advanced artificial intelligence models escaped an isolated testing environment and accessed the live internet.

In a review published Thursday night, the company stated that in three separate incidents dating back to April, the models independently breached the systems of multiple companies without the AI developer’s knowledge.

Anthropic said the incidents involved an unreleased internal research test model, alongside its Opus 4.7 and Mythos 5 models.

Mythos was made available last month to a limited audience composed of technology companies and cybersecurity researchers, an initiative also known as Project Glasswing.

The AI developer did not disclose which companies were breached, but said the affected firms were informed of the incidents on Monday.

Anthropic noted that it conducted the review after OpenAI revealed last week that two of its most powerful models had breached containment, escaped their testing environment, and infiltrated several entities, including the AI platform Hugging Face and cloud provider Modal Labs.

System misconfiguration allowed internet access

Anthropic stated that it examined more than 140,000 tests to find evidence of whether Claude could gain access to the internet from test environments designed to be isolated.

The evaluations included “capture-the-flag” exercises, in which Claude was instructed to breach other systems to obtain information. This is a method frequently used by experts to assess a model’s hacking capabilities.

The San Francisco-based company stated that a “misconfiguration” in systems operated by Anthropic and its testing partner left the models with live internet access, enabling them to infiltrate external systems.

Anthropic said it approached remediation efforts “with full ownership of the responsibility.”

Neither Anthropic nor the affected organizations detected the unauthorized entries at the time they occurred.

Anthropic added that it may examine its logs more extensively, noting that the findings gave the company “cautious optimism” that such risks can be overcome through increased investment and more stringent safeguards.

David Allott, a cybersecurity expert, told the BBC: “The overarching lesson here is not that AI has developed fundamentally new attack vectors.”

“Instead, it means that AI agents can combine capabilities, acquire credentials and system access to act autonomously, while adapting scope and scale at machine speed,” Allott said.

The developments come as technology companies invest billions of dollars to develop AI agents capable of independently executing a range of tasks, from research and customer support to cybersecurity.

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Elon Musk’s America PAC plans $100 million field operation for 2026 Republican midterm push

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Tesla and SpaceX CEO Elon Musk is returning to the political spending arena with a new field program designed to help elect Republicans in at least eight states ahead of the 2026 midterm elections.

Musk has authorized his political action committee, America PAC, to spend between $100 million and $120 million on a new ground game focused on conservative voter turnout for the 2026 midterms, according to a Thursday report by The New York Times, which cited two unnamed sources informed about the plans.

America PAC funneled more than $250 million into Donald Trump’s reelection campaign in 2024, a expenditure that established Musk as the largest political donor in US history.

The New York Times reported that America PAC is reviving its spending initiatives and has reached out to other Republicans in recent weeks regarding the new field operations.

The effort is also being coordinated with other Republican Party spending groups, according to the report.

The newspaper identified targeted Senate races in the states of Alaska, Iowa, Maine, Michigan, and Ohio, while noting that discussions are also underway regarding contests in North Carolina, Georgia, and Texas.

The political action committee is additionally expected to deploy funds for House of Representatives elections in Washington, Wisconsin, and California.

The news comes a day after Axios first reported that America PAC’s operations were resuming, with a focus on driving Republican turnout during the non-presidential election cycle.

A spokesperson for America PAC declined to comment on The New York Times report but confirmed the Axios reporting to The Hill. The spokesperson stated that the spending group was “excited” to contribute to efforts to maintain the Republican majorities in Congress this fall.

“The President’s political team and the rest of the GOP apparatus have built a world-class operation that has Republicans well-positioned to make history and retain control of Congress this fall,” America PAC spokesperson Andrew Romeo said in a statement. “We’re excited to be part of the team again.”

The campaign will reportedly target Republican voters through door-to-door canvassing, mailers, and digital advertisements, enabling other groups to concentrate their resources on television advertising.

The developments were reported days after Musk told The Economist magazine that he had gotten “carried away” during his brief foray into politics.

The SpaceX CEO entered the political arena during the 2024 election, pouring hundreds of millions of dollars into Trump’s presidential campaign and accompanying the candidate on the campaign trail.

Musk went on to lead Trump’s cost-cutting initiative, known as the Department of Government Efficiency (DOGE), which executed sweeping employment and funding reductions across the federal government. Those efforts sparked controversy for Musk and his enterprise empire, including Tesla, whose shares fell sharply during his period of political involvement.

Musk departed the White House in late May 2025, and DOGE officially terminated its operations on July 4.

Shortly after leaving government, Musk and Trump engaged in a public dispute over the president’s sweeping spending legislation, the “One Big Beautiful Bill Act.” During the friction, Musk threatened to form a third party, though the initiative never materialized.

Musk and the US President appeared to resolve their differences last year, with the tech billionaire most recently joining Trump alongside other technology leaders on a trip to China in May.

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