THE Bitcoin Podcast — Episode Summary

Title: 4chan Lawyer: How America Is Pushing Back Against UK & EU Censorship | Preston Byrne

Date: January 9, 2026
Host: Walker America
Guest: Preston Byrne, Technology & Free Speech Lawyer

Overview

This episode dives deep into the battle over online speech regulation, focusing on how small American tech companies—represented by lawyer Preston Byrne—are resisting UK, EU, and Australian attempts to extend their censorship laws to America. Byrne breaks down the strategic legal, political, and public-relations fights against foreign governments' extraterritorial censorship, especially as it relates to the infamous UK Online Safety Act and similar European laws. The conversation highlights the broader implications for technology, sovereignty, and freedom of expression in the digital age.

Key Discussion Points and Insights

1. Preston Byrne’s Background and Path to 4chan Representation

• (03:49–15:18)
  • Byrne's decade-long involvement in crypto and his background as a banking and technology lawyer in both the UK and US.
  • Early projects included building blockchain-powered social platforms.
  • Return to the US in 2017; began representing American tech companies focused on free speech, especially those at risk of censorship.
  • Byrne’s clients include fringe platforms (e.g., 4chan, Kiwi Farms, Gab, and Sassu) targeted by new UK/EU/Australian regulations.
  • Byrne acts pro bono for these clients, developing a multi-pronged legal and political strategy.

"Because no one else was willing to represent companies like this for the previous 10 years, I was the only person who knew how to do it and knew what the rules of the road were." — Preston Byrne (11:08)

2. The Legal Landscape: Foreign Censorship vs. The First Amendment

• (15:18–30:11)
  • The UK, EU, and Australian governments are attempting to force American platforms to comply with their stricter speech codes, chiefly under the pretext of "protecting children" (age verification, hate speech, etc.).
  • US-based sites are receiving threats of large fines and even jail time for non-compliance, despite the clear conflict with the First Amendment.
  • Byrne describes declining all these demands on the grounds that "Americans don’t take orders from anybody when it comes to protected speech."
  • Notably, the UK Online Safety Act allows for up to $25 million in fines or 10% of worldwide revenue for non-compliance.

"The principle is that Americans don't take orders from anybody when it comes to protected speech. Not from the president, not from Congress, not from a governor, not from a cop on the streets, and not from a foreign unelected bureaucrat." — Preston Byrne (15:43)

3. Foreign Jurisdiction vs. Sovereignty: Whose Laws Apply?

• (25:23–33:31)
  • The core legal conflict: UK/EU assert that if a website is accessible from their territory, it must comply with their laws—even if operated entirely from the US.
  • The American view: "The law of the server is the law of the website."
  • Extension of foreign censorship is framed as "Orwellian," especially given UK laws that criminalize "grossly offensive" content or even simple insults online.

"The UK speech regime has not been favorable to free speech ever... They have not backed down. They continue to insist that their rules override the First Amendment. They, they will never attempt to enforce it here because they would lose immediately in a federal court." — Preston Byrne (33:02)

4. Legal Resistance: The Lawsuits, Publicity Campaign, and Congressional Action

• (35:19–53:54)
  • Byrne and his clients respond by refusing compliance and suing the UK’s Ofcom in the District of Columbia, leveraging American legal doctrines and publicity to raise the political stakes.
  • Major US platforms (e.g., X/Twitter) are quietly notifying users of increased content restrictions in line with UK/EU demands. Smaller platforms are more openly combative.
  • The UK and EU are publicly shamed for their censorship attempts, sparking growing support among American legislators.
  • The Granite Act: Byrne and allies have drafted model state (Wyoming) and potentially federal legislation to shield American companies from foreign censorship—imposing severe financial penalties on foreign governments that attempt to enforce their rules on US soil.

"What the Granite act is designed to do is change the math of sending a censorship demand into the United States...if you send the letter, you're guaranteed UK that you have at least a $75 million damages claim on your hands." — Preston Byrne (44:25)

5. Escalation Ladder: Age Verification, VPNs, and Incremental Authoritarianism

• (54:20–56:46)
  • Any purportedly minor requirement (like age verification) quickly escalates: once circumvented via VPN, the government next demands age verification for VPN users, jeopardizing privacy and anonymity.
  • Clear warning about slippery slope: "If we give them that inch, they'll take the next inch, and the next inch..."—in the style of "Motte and Bailey" argumentation.
  • This process has quietly eroded UK civil liberties over the past decades.

"There's an escalation ladder on their side...that's why we're fighting so hard to not let them get that first ratchet here in the United States, because the optics are horrific." — Preston Byrne (54:32/00:38)

6. Cultural Clash and Tactics: Embarrassment as Leverage

• (58:19–64:07)
  • Byrne exploits the cultural deference to authority in Europe, intentionally goading UK/EU regulators into overreacting and creating embarrassing public records, which are then forwarded to US officials and Congress.
  • The strategy: direct, public refusals and ridicule, rather than private compliance or muted legal disputes.
  • This visibility is critical for raising Congressional and Executive awareness and spurring legislative action.

"They're so used to deference that you can drive them absolutely ballistic just by refusing to cooperate and embarrassing them in public." — Preston Byrne (58:23)

7. The Granite Act: Sword and Shield Explained

• (43:54–80:42)
  • Shield: Declares foreign censorship orders unenforceable in the US; prohibits US agencies from cooperating.
  • Sword: Allows US companies to seek immense damages from foreign governments attempting censorship; abrogates foreign sovereign immunity in such cases.
  • The Act is designed to be a deterrent—making it financially and diplomatically untenable for UK/EU authorities to threaten US platforms.
  • If passed, would likely end nearly all such censorship attempts.

"Legal cost incurred per unit of censorship achieved...the censorship achieved will be very low and the cost will be very high." — Preston Byrne (75:02–75:55)

8. Open Protocols and the Future of Free Speech

• (84:48–89:48)
  • Discussion of decentralized protocols like Nostr as harder targets for government censorship due to the lack of a single company or point of control.
  • Governments may target choke points like app stores, pushing for removals at the distribution layer.
  • The Granite Act is intended to shield not only companies but also infrastructure providers (e.g., Apple, Google) from foreign censorship demands.

"It is absolutely essential that these tools continue to be used...Bitcoin is the reason that we have free speech on the web today." — Preston Byrne (86:12)

9. The Big Picture: American Exceptionalism, Cultural Divide, and the Fight for Global Free Speech

• (91:56–97:41)
  • Europeans are characterized as bureaucratic, jealous of US tech dynamism, and eager to exert control where none should exist.
  • The US Constitution, especially the First Amendment, is foundational and non-negotiable—contrasted with recent, ever-evolving statutes abroad.
  • Byrne is optimistic that with the right legal shields (and public support), the US will remain the bastion of online free speech, resisting foreign legislative creep.

Notable Quotes & Memorable Moments

• Byrne on UK's Threats: "Come over here and try to take it from us. If you think you're going to fine us, okay, come and get it." (25:33)
• Byrne on American Response: "We are very committed, those of us who are fighting this, to seeing this through to the very end. And that means a lot of pain along the way, but hopefully for a very positive result for the entire industry." (41:08)
• On Political Leverage: "Every time they issue one of these fines on an American company, the American company says, okay, come over here and try to take it from us. And of course they can't because of American legal doctrine around the First Amendment." (25:33)
• On Foreign Bureaucracy: "The haughty nature of the European bureaucrat has been something which has been very exploitable by us...you can drive them absolutely ballistic just by refusing to cooperate and embarrassing them in public." (58:23)
• Summing Up Granite Act's Impact: "If you attempt this behavior, you attempt to touch an American...Consequences. Big consequences. Immediate consequences. Expensive consequences." (80:42/00:00)
• On Public Participation: "Literally anything that you can do is useful and anything that you do is appreciated by those of us who ... are central to a lot of these discussions." (99:14)

Timestamps for Key Segments

• Preston’s Background & Legal Journey: 03:49–10:00
• Foreign Censorship Demands & Legal Doctrine: 15:18–30:11
• Jurisdiction Battles Explained: 25:23–33:31
• Public Statements, Lawsuits & Early Granite Act: 35:00–44:25
• Age Verification/Surveillance Escalation: 54:20–56:46 (also 00:38, 54:32)
• Exploiting European Deference for Political Gain: 58:19–64:07
• Granite Act In-Depth: 43:54–80:42
• Decentralized Protocols & Censorship Choke Points: 84:48–89:48
• US Free Speech Ideals vs. EU Control: 91:56–97:41

Conclusion & Call to Action

• How to Support:
  • When (and if) Granite passes, call your Congressional representatives and demand support for shield laws.
  • Stay informed and educate others on free speech issues; join organizations like the EFF.
  • Keep up the public pressure online—Byrne credits retweets, comments, and sharing information with raising awareness and action at the highest levels of US government.

"A year ago, I was just some guy taking clients pro bono. And now, this issue has become much more politically significant...Every day, you try to move it forward an inch." — Preston Byrne (99:14)

Tone & Language

The conversation is direct, passionate, and sometimes irreverent—reflecting Byrne’s blunt, sardonic style, as well as Walker's incredulity at the overreach by UK/EU authorities. The message is clear: free speech needs active, even combative, defense; "politely declining" is not enough against bureaucratic overreach.