I’m worried that it is. Most of the legal precedents in the internet space hinge on the fact that it is impossible for things like search engines to read every page they index, so mandating they do will ban search engines, and the courts doubt congress meant to do that. (Sometimes judges will say the law has to “scale” to new technologies, and then find in the common sense direction, instead of following the letter of the law)

Google has said that it is now feasible for machine learning algorithms to police user content, which undermines the legal precedent. Honestly, I’m surprised this change had to go through congress, since the legal precedents were on shaky ground to start with.

I think you’ll fund the framers of the constitution did not anticipate the existence of publishers that cannot even enumerate the things they publish, and were completely silent on this issue.

A similar oversight occurred with online privacy: The government’s surveillance apparatus is much smaller than corporate America’s and nothing stops the government from buying legally available commercial surveillance data, so they just launder illegal searches through private industry.

(The CLOUD act extends this to launder the searches through foreign governments, and also expand US law enforcement’s jurisdiction to the whole planet—that seems much more likely to fall afoul of the constitution. Issues of sovereignty and protection against foreign influence were clearly well understood when the constitution was written.)