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U.S. appeals court rejects big tech’s right to regulate online speech

reuters.com

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Re: U.S. appeals court rejects big tech’s right to regulate online speech

#411
post #403
post #387

Earlier quoted context omitted.

The line between "user" and "bot" would get very murky very quickly. If you write a tweet and then use a bot to post it at a certain time of day, is your speech still protected, even if it was posted by a bot? What if you have the bot post it at the same time every day? What if you have the bot post it in reply to all tweets with a certain hashtag? Or just all tweets? In each of those cases, the original speech is a…

Fortunately there’s hundreds of years of cases and frameworks to help us get this right. Application of the law won’t turn on minor technical details.

That's my point as well. Twitter's terms of service allow automated users, so I have a hard time seeing how anyone would successfully convince a court that "users" under this law means "humans who write the content on twitter.com and then press a button on the same site to post it."

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#412

Will this apply to bots? What if I have a big list of a complaints about a certain politician (use your imagination, there's more than one politician to complain about), but the "other party" doesn't follow me, in fact, I have very few followers overall. So I create a bot that spreads my opinions by replying to millions of other Tweets. Anyone who mentions the politician of interest will receive a reply from "me" (my…

Users should protect themselves from this. With the expectation that they will, there will be tons of tools available and this scenario will be a nonstarter. Decentralized defenses against bots will be far more effective than the central planning of information ecosystems we have today. Just watch.

Do you really think the average non-technical user will have a clue as to what to do about this hypothetical problem? I don't think that's a credible take.

Consider that this situation isn't like email spam filtering. I can't run a spam filter on the Twitter app on my phone. And if Twitter is not allowed to filter spam, that's it: no spam filtering for Twitter users.

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#413

I do think there's a rationale middle of the road here. Hear me out. I think if you provide a service that basically creates a free public sphere, and you don't charge for it, it makes sense to consider what you're offering a public sphere and that just mean it has to be treated like one, where you should be free to speak up and mobilize peacefully. If social platforms charge a fee, or subscription, then it is a priv…

Your argument starts with an assertion that I don't think is true

"think if you provide a service that basically creates a free public sphere, "

You don't provide any justification for this

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#414

Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say," Judge Andrew Oldham, 1st amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, ... This doesn't apply to people or busineeses making their own rules

so is it ok for a telephone company to cut your line if you support the resistance?

Is it ok for them to cut my line if I don't pay the bill?

They are common carriers, like ISPs , social media companies are not

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#415

Good. This is especially welcome news in the context of the unprecedented attack on kiwi farms. As I said in a different thread, we have laws preventing businesses from discriminating. We do not allow shops to put up “no blacks here” signs. Why do we allow infrastructure providers from doing essentially the same thing? Censorship, of any kind from anyone, government or corporation is an abomination that must be stamp…

Do you filter "spam" from your email inbox?

If so, why?

By your...train of thought. "Censorship of any kind" means that rejecting those leagues of boner pills and overseas wives ready to marry you is rejection of their right to speak freely to you

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#417

If this passes, basically what's going to happen is a lot of pre-filtering of people entering social networks akin to next doors strategy. I've worked at a civic tech social network that had no rules, and eventually the extremists pushed out all the normal folks - it's just stupid shouting matches. We tore it all down and made isolated communities. It's basically the only way to have real discourse.

I wonder if the underlying goal of all this is actually classic authoritarian restriction of freedoms. The big public platforms are much better for spreading progressive ideas than conservative ideas. Maybe this was the underlying reason they wanted to repeal section 230. It wasn’t a misunderstanding it was strategic.

> The big public platforms are much better for spreading progressive ideas than conservative ideas.

wouldn't be necessary to suppress the opposition as much as they do if that was true.

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#418
post #72

Earlier quoted context omitted.

In one case the corporation is speaking. In the other the corporation is facilitating me speaking to you (like a telephone wire). That strikes me as a pretty clear distinction. My hair is not blown back at all here.

The first amendment does not protect you against anything but the government. Full stop. Between people and people, corporations and corporations, and corporations and people it does nothing. The opinion fails at this very basic fact because they want it to be false. Not because there's any law suggesting it is false, nor has there been in a hundred years, but because they dont like it they just decided to make it up…

> The first amendment does not protect you against anything but the government. Full stop.

Even setting aside this opinion, this is false, at least according to the Supreme Court. See the PruneYard case that this court repeatedly cites https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v....

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#419

Earlier quoted context omitted.

It's my right to be able to hear it. As Frederick Douglass, a former slave and writer, wisely stated, “To suppress free speech is a double wrong. It violates the right of the hearer as well as those of the speaker. It is just as criminal to rob a man of his right to speak and hear as it would be to rob him of his money.”

I’m not sure it is. You certainly don’t have a right to listen to every conversation that every person has. Where would this basis come from?

You are reading something very weird into it, but the idea is that if I want to hear what you want to tell me it shouldn't be someone else's decision to prevent us both from doing that.

Re: U.S. appeals court rejects big tech’s right to regulate online speech

#420
post #6

Seeing as the tech companies have no interest in censoring based on "viewpoint" I don't see what difference this makes. Their entire existence relies on being the single point where everyone goes. No Republicans have ever been removed solely for being Republican. People are removed for promoting violence and harassing other users. The fact that Republicans consider violence to be a "viewpoint", and their viewpoint ra…

Please don't take HN threads into political flamewar. Even by the (low) standard of the current thread, your comments here are standing out in a flamey way. It's not what this site is for, and it destroys what it is for.

https://news.ycombinator.com/newsguidelines.html

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