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Trump signs executive order targeting protections for social media companies

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Re: Trump signs executive order targeting protections for social media companies

#191

Oh my goodness is he a big dumb stupid moron. At the risk of this being downvoted to oblivion, why doesn't he think that Twitter, a privately run company, has the right to fact-check claims made on their site? Even if there were some secret evil liberal agenda on Twitter, which there absolutely is not, why aren't they allowed to do that exactly? Is he planning on holding Fox News to the same standard and make them pu…

Well, is Verizon allowed to use packet injection to "fact check" a website you view over their internet connection?

Because seems to be presenting themselves as a neutral platform, which they have shown themselves to not be.

EDIT: Just to clarify, obviously Twitter is not presenting themselves to users as a neutral platform. But for legal purposes, they are cloaking themselves in the same privileged status as a phone company, when they clearly are not.

Re: Trump signs executive order targeting protections for social media companies

#193
post #171
post #40

Earlier quoted context omitted.

It's kind of a ridiculous idea. Before S230 that was the case: Executing any editorial control risked you being concluded to be the publisher. Online providers said this is bullshit, we want be able to remove garbage -- lies, obscene material, defamation, etc. If moderating makes us publishers over everything on our site and legally liable, we can't do that. Make us immune so we can clean up the worst of things, and…

On the other hand, there must be a limit on the amount of "moderation" you're allowed to perform before becoming a publisher. If you start labelling content as misleading (but don't remove it) or even if you privilege certain content instead of another (for example, you privilege social media posts advertising a product because it increases your revenue) then you could be considered a publisher. Let's put in another…

> On the other hand, there must be a limit on the amount of "moderation" you're allowed to perform before becoming a publisher.

That isn't clear to me at all. The publisher is essentially the author from a liability perspective.

I do agree (see my other post in this thread) that there are serious concerns about the moderation power of the operators of these massive online public forums. But that doesn't make treating them as the author from a liability perspective the right tool for dealing with that.

Particularly because in most specific cases where their moderation power might be misused there is no question of liability. Imagine a site where everyone was always honest and nice, but the operator ruthlessly censored all posts by Georgists and S230 didn't exist. Okay, they'd be liable for their users posts-- but so what? There is nothing there for anyone to sue over. The Georgists would still be totally silenced.

Re: Trump signs executive order targeting protections for social media companies

#195
post #2

The biggest takeaway, looking past the headline: “This week a federal appeals court, ruling in a case brought by conservative activists against social media companies, affirmed that private websites are not public spaces and social media companies don't have First Amendment obligations. Any truly strong limits to Section 230 would almost certainly require action by Congress.”

Be aware that the DC Circuit leans left, by a lot -- so it's an unsurprising result. The Supreme Court may eventually take one of these cases and come to a different conclusion.

Loomer's suit was never going to go anywhere regardless. It was completely baseless.

Re: Trump signs executive order targeting protections for social media companies

#196

Earlier quoted context omitted.

It's further complicated by the people who sued Trump for blocking them. They won, he had to unblock them. Considering they could log out (or open a private tab) and view the content, obviously it wasn't access to the information that was fundamental but the act of the President taking a step to reduce someone's access. With that in mind, does the host have the authority to take the same action? Why or why not? This…

As a government official, you cannot take action to try to impede someone's access to your official statements. That is independent of the platform, and independent of how much work someone has to do to still access the information.

But a private company can take action to impede everyone’s access to an official’s statements if they “suppress” those statements... that would mean Twitter has to allow anything any public official, at least in the US, broadcasts via that medium...

Re: Trump signs executive order targeting protections for social media companies

#197
post #65

Earlier quoted context omitted.

>It really is a public web space that is operated by a private company No, it isn't, any more than a store is a public space because it has windows the public can see into. You have to sign up for a Twitter account and accept their terms of service to post on the site. It's a private platform run by a private company for its own private business interests.

I think that’s a simplistic view. No one is arguing Twitter is comparable to a store with a display window. The reality is that Tweets are broadcasted to billions of people. It’s a new reality. It’s a newspaper where anyone and everyone is authoring anything, including presidents, and with the roll of a die, the message is amplified to a multiple of the expected audience. Twitter may technically be a private platform…

>it’s about ethics and morals and how we compose a society with mighty power imbalances, fortified by new tech.

But that's not what this is really about.

This is about the President being angry that Twitter fact checked him and using executive power to create a chilling effect against any platform doing so in the future. It's about fears of a nonexistent conspiracy controlling the media becoming the basis for authoritarian laws meant to stamp out that menace - a phenomenon which never goes well, historically. It's about Americans hating "the left" so much that they'll support an obvious violation of the First Amendment as long as it silences their ideological enemies.

Re: Trump signs executive order targeting protections for social media companies

#198
post #97

Earlier quoted context omitted.

You can already sue them. For example, if Fox runs a segment claiming that you (gulli1010) are a murderer, you can sue them for slander (with or without this executive order). If someone tweets that you are a murderer, you can't sue Twitter (or rather, if you do, Twitter will be protected by Section 230). However, suppose Twitter announces the following policy: "Any tweet which calls someone a murderer, shall be dele…

People should look into the Seth Rich lawsuit and Ed Butowsky. Trump forgets his crowd is the one who constantly panders conspiracy theories like PizzaGate and QAnon. This will effectively take them down entirely.

Yes, but at the cost of the entire platform. I’d doubt that Twitter could sustain being endlessly sued over user posts. They’d die the death of a thousand cuts. And a lot of conservatives would be perfectly happy with that.

Re: Trump signs executive order targeting protections for social media companies

#199

Oh my goodness is he a big dumb stupid moron. At the risk of this being downvoted to oblivion, why doesn't he think that Twitter, a privately run company, has the right to fact-check claims made on their site? Even if there were some secret evil liberal agenda on Twitter, which there absolutely is not, why aren't they allowed to do that exactly? Is he planning on holding Fox News to the same standard and make them pu…

Well, is Verizon allowed to use packet injection to "fact check" a website you view over their internet connection? Because seems to be presenting themselves as a neutral platform, which they have shown themselves to not be. EDIT: Just to clarify, obviously Twitter is not presenting themselves to users as a neutral platform. But for legal purposes, they are cloaking themselves in the same privileged status as a phone…

A) Twitter has never presented itself as a neutral platform. They've banned white supremacists, dangerous conspiracy nuts like Alex Jones, and even left-leaning people like Destiny when he joked about how he was going to bomb Comcast.

B) Verizon (Comcast, Spectrum, etc...) are closer to something like a utility. I wouldn't be supportive of a water or electricity company not providing services to people I disagree with. Twitter is not a utility, it's a glorified fortune-cookie-sharing site. It's a not a "right", and there's no reason that you should feel entitled to it.

Re: Trump signs executive order targeting protections for social media companies

#200
post #80

Ignoring the mechanical-legal aspects of what Section 230 already does, the discourse on this has been a shining example of logically inconsistent philosophy. The Citizens United v. FEC decision indicates that corporations have free speech rights similar to those of individuals. Logically, if you agree with that part of the decision, then you should also agree that the government can't punish Twitter for doing this,…

> The Citizens United v. FEC decision indicates that corporations have free speech rights similar to those of individuals

Individuals have the freedom of speech, but the can also be sued for liable for the things they say. Twitter can't be sued, because they are "re-transmitting" information. That's why Elon was sued for his "pedo guy" tweet and not twitter. Am I missing something here?

It seems like it makes corporations more like people in that if they curate content [in some vaguely biased way] then they can be held liable for that act. Because by doing that they are exercising their freedom of speech.

I think an interesting question is what will become the threshold for acceptable curation. Is it just illegal content, ex. CP. It seems like this has the potential for more legislation defining speech.

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