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The EARN IT act is back, and it’s more dangerous than ever

cyberlaw.stanford.edu

471–480 of 520 posts

Re: The EARN IT act is back, and it’s more dangerous than ever

#471

To start, I absolutely don't think this bill is good, BUT I think there might be potential for some interesting silver lining. Let's say it's passed and big platforms such as FB need to start heavily policing their users because they become responsible for all published content. This level of moderation is nearly impossible to achieve, so they are forced to heavily limit participation (you can only post a limited amo…

whatever "self publish your blog" means, but if it's sufficiently easy for non technical users to figure out, no doubt it's a platform that can be subjected to this law. If it's not an easy-to-use platform it will deplatform and disengage the less sophisticated internet users. The old-school internet was mostly a few eccentrics no one paid attention to.

Re: The EARN IT act is back, and it’s more dangerous than ever

#472

While this bill is strongly opposed by the Internet Society, ACLU, CDT, and EFF, the critiques I've read don't get much into the real "why" behind this legislation continuing to be pushed so forcefully. The pretext is, of course, "protect the children" and more generally law-and-order with a bonus side-helping of "stop those awful social media giants." While these justifications are (hopefully) obvious misdirection t…

Edit: See thread below, the EARN IT act does not in any way reclassify the designation of social media companies under section 230 or solve the issues mentioned in this post with 230. The change to 230 just provides exceptions for CSAM. However, keep reading if you want background on 230 and why many people are trying to change it. I want to provide some background on section 230 which the EARN IT act proposes to ame…

> For example, YouTube shared videos containing COVID-19 misinformation 20 million times, generating 71 million reactions in eight months (Gallo, 2021).

How would reworking Section 230 fix this? Most of that information isn't punishable by the federal government, it falls under first amendment protections.

A lot of the most dangerous speech online is protected speech, the exclusions here like libel or incitement to violence are very narrow. For better or worse, the government can't punish people over saying that vaccines are dangerous. The only entities that can legally crack down on that information are the private entities that control their own platforms.

I often find in critiques of Section 230 that people have (for lack of a better word) an optimistic view of what the government can and can't do in regards to speech. Remember that a lot of the TV content from stations like Fox News are not covered by Section 230, and they're still legal. If the government had the ability to shut that misinformation down, why would those networks still be operating today? Even just regulations on how sorting algorithms work for social media are not certain to pass a Supreme Court challenge.

----

You link to the FCC rules on broadcasting, here's what they state:

> FCC rules specifically say that the "public harm must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties."

Covid misinformation is obviously bad and harmful, it has obviously made the pandemic worse and people have died because of it. Covid misinformation also doesn't rise to the standard that the FCC sets above; the Supreme Court has ruled multiple times that "immediate" harm is a pretty narrow category, and that causing "direct and actual damage" is also a kind of high bar to clear. The reality is that even if the government got rid of Section 230, it couldn't ban vaccine misinformation from Facebook. At best, it could impose large liabilities that made Facebook very nervous about having unvetted speech of any kind, as well as making it dangerous for any competitors or smaller companies to try and compete without a large legal team backing them up -- in other words, exactly the chilling effects and market consequences that people warn about whenever these bills come up.

Re: The EARN IT act is back, and it’s more dangerous than ever

#473
The EARN IT bill was not dangerous before this year; it was to hunt down some child predators in all platforms such as TikTok. I don’t know why they need to pass the bill, but the ways of living under this such a bill will be terrifying; such a thing would be spied like Mainland China when they are using a social credit technique for everyone who browses things online. In other words, we must protest the bill by sending some important details of why the bill must rip off from the checklists due to our own security and privacy. Even I am using ZOOM in my iPhone to chat with my friends, including Signal and Discord. Whenever this bill passed, we must be ready for the REVOLUTION to start. That’s all I have to say today.

Re: The EARN IT act is back, and it’s more dangerous than ever

#474

Earlier quoted context omitted.

The people of Australia get to vote in 4 months for a new government. If people really hated the covid restrictions as much as you, then they will get rid of the people who implemented them.

Wellz it’s a bit more complicated than that, the upcoming election is for the feds who had not much to do with the lockdowns (which was the state govs)

True in respect to direct lockdown orders. However the Feds were responsible for obtaining vaccine supply. A pretty dismal timetable for that led to the term Vaccine Strollout...

Re: The EARN IT act is back, and it’s more dangerous than ever

#475
post #459

Earlier quoted context omitted.

> That's definitely an abridgment of your rights to free speech. As a student you have a far more limited right to free speech in school. See Morse v. Frederick, 551 U.S. 393 (2007), the famous BONG HITS 4 JESUS case. Those students weren't even technically on school grounds (across the street) but were a part of a school function. A school definitely has the right to suspend a student for distributing material deeme…

No, they do not. The Supreme Court ruled incorrectly in Morse v. Frederick. Oppressive governments and other institutions infringe on people's free speech rights frequently. The fact that their administrative organs reaffirm those infringements on appeal does not annul the infringements; it merely adds insult to injury.

I wasn't really speaking as to the morality of the thing, more so just arguing the reality of today's legal situations in the US. According to current US Supreme Court precedent, its an acceptable abridgement to a student's speech within the bounds of constitutionality. Not saying that its right or wrong, only sharing what a court would usually find today if you made that argument.

Re: The EARN IT act is back, and it’s more dangerous than ever

#476

Earlier quoted context omitted.

With the paranoidal view you're placing yourself outside the realms of sensible discussion. You can't really think that some politicians are knowingly and deliberating proposing an existential threat to "free society and democracy."

There are politicians that support the overthrow of US democracy and the instatement of a dictator. A really obvious example: Michael Flynn, the former national security advisor. He's said the US military should overthrow the government. Literally.. those are the words from his mouth. Im not going to list a bunch of politicians... but Flynn will say it outright. So your assumption is clearly wrong.

Citation please

edit: Found this. He meant the opposite. Of course.

https://www.nytimes.com/2021/06/01/us/politics/flynn-coup-go...

Re: The EARN IT act is back, and it’s more dangerous than ever

#477
post #433

Earlier quoted context omitted.

I'm not sure what you mean by "manipulating people with intent", but certainly many kinds of manipulation are well within the bounds of freedom of speech as it is generally imagined, and especially within the bounds of what should be legally protected according to even minimal theories of civil liberties. So it sounds like you're less libertarian than even fairly non-libertarian people.

As I said, how big the number is, is the problem. I dont say they should ban telegram or sth. The problem is how easy it is to misuse this platforms for malintent. Thats has nothing to do what someone is saying. It has somethig to do how the message is distributet and if the intent ist the articulating of ones free mind or manipulating the others for benefit….

I think the issue less about finding a good number and more about promoting critical thinking so people can go to a space, consume the words and then call bullshit as they wish.

Re: The EARN IT act is back, and it’s more dangerous than ever

#479

Earlier quoted context omitted.

Decentralized does not mean lack of liability. That's a marketing ploy. P2P filesharers and tor hosted sites are taken to court on the daily because of this one little trick called the IP address. Everything you send has your external IP. It doesn't matter that they "can't prove it was you". Courts have continually upheld that an IP address is grounds for either civil discovery or further criminal investigation. And…

Sites hosted behind Tor do not reveal your external IP address.

Not directly, you still have to contact nodes to get there. Through traffic analysis we can determine the path, or simply the feds can expand their number of nodes. Feds already own a good chunk of the network. Bandwidth and servers are expensive after all. Or even easier make phishing sites that grab your IP through any number of browser technologies. Torbrowser won't be around for long when Firefox becomes another chromium skin.

Re: The EARN IT act is back, and it’s more dangerous than ever

#480

Earlier quoted context omitted.

so why do you care ? Because the people who didn't want to be vaccinated take up all the hospital and intensive care beds, leading to many postponed surgeries. E.g. in The Netherlands in October, unvaccinated people took 70% of the intensive care beds allocated to COVID patients, while only being ~16% of the 18+ population. [1] [1] https://www.rivm.nl/nieuws/ongevaccineerde-COVID-19-patiënte...

I’m not getting the vaccine and had covid twice. I have antibodies, which should be recognized in lieu of vaccine. I took no space in a hospital. It’s a bit hyperbolic at this point, don’t you think?

Good for you :), but it's not about individuals. Only a small portion of unvaccinated people are hospitalized. However, even 1% of a dense population is still a lot of people and hospitals + ICs get clogged up. The probability of hospitalization is 17x smaller for vaccinated people and the probability of needing IC treatment 33x smaller [1]. So, if all people were vaccinated, we wouldn't have the issues we had last 6 months. Now we have a lot of delayed surgeries, including cancer surgeries, etc.

It’s a bit hyperbolic at this point, don’t you think?

As the statistics show, no. Though luckily, things are changing now that Omicron is dominant, so I think all limitations are lifted pretty soon here.

[1] https://www.rivm.nl/nieuws/ongevaccineerde-COVID-19-patiënte...

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