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Tech platforms have been through several regulatory phases concerning the countering of terrorist content on their platforms: from a lack of regulation, to the government demands of self-regulation, to the present day where regulation has been implemented across the world. Much of this regulation, however, has been heavily criticised. After consideration of these criticisms, and research into regulatory approaches in a range of other industries, this article proposes a responsive regulatory approach to countering online terrorist content. Responsive regulation argues that regulation should be responsive to specific industry structure because different structures are conducive to different degrees and forms of regulation. This article categorizes tech platforms based on different compliance issues: awareness and expertise; capacity; and willingness. It then proposes four regulatory tracks in response, in order to try to mitigate the occurrence of these compliance issues.

Chairman Thompson and Members of the Committee: Today, James Watkins appears for a congressional deposition addressing your Committee’s concern over social media companies’ efforts to address online extremist content. We have prepared this statement in an effort to assist the Committee in understanding how careful and responsible a platform 8chan is. While Mr. Watkins is empathetic to the victims of mass shootings in America, 8chan has never tolerated illegal speech and has a consistent track record of working with law enforcement agencies when appropriate. After the current disruption of service, 8chan has taken steps to improve its ability to identify illegal content and to act more quickly in doing so. To these ends, it hopes to be of continued assistance to law enforcement officers in times of need. Mindful of tragedies America has faced, Mr. Watkins also believes in the exceptional promise of the First Amendment. 8chan is the only platform featuring a full commitment to free speech—a one-of-a-kind discussion board where anonymous users shared tactics about French democracy protests, how to circumvent censorship in repressive countries, and the best way to beat a classic video game. In this hodgepodge of chaotic discussion, down-home recipes are traded, sorrows lifted, and a small minority of users post hateful and ignorant items. As Justice Hugo Black once noted, the “First Amendment provides the only kind of security system that can preserve a free government – one that leaves the way wide open for people to favor, discuss, advocate, or incite causes and doctrines however obnoxious and antagonistic such views may be to the rest of us.” It is with this in mind that Mr. Watkins is proud to host the only platform compatible with the First Amendment.