Dir of International Freedom of Expression at @EFF is looking for help on how to admit that online harassment is real.

Victims, got any ideas?
Here’s an idea: an apology on the @EFF website to victims who you all treat as the sacrificial lambs of free speech
My crystal ball says @Eff will pay its penance by building out a hot lil dep't dedicated to tackling the novel new problem of online harassment and hate speech. Handily it will score lots of @WIRED profiles and internet hero awards and attract big tech money, diverting more
resources away from the nonprofits and academics who've been doing the work FOR YEARS and in the face of @eff's denials that individuals are actually harmed online.
I am ALL FOR people admitting when they were wrong and showing contrition for it. But @EFF is the GREATEST denier of the harms of online technology. This wasn't an oops-I-got-it-wrong sorta thing. @eff has been the biggest influencer in the notion that victims of
tech abuse are overreacting babies who are trying to destroy free speech. They've fought against us legislatively, judicially, in the court of public opinion. They've protected the laws and policies that allow big tech to not be responsible for misinformation, disinformation,
hate, csam, sextortion, revenge porn, etc. These freedoms that @eff has protected for decades are the ones they suddenly realize have interfered with our elections, are destroying our democracy, are spreading disinformation about a pandemic and our planet's destruction.
So, yeah, @EFF, you haven't aged well. If only it were as easy as deciding whether an employee should address this in an essay or a chapter in her hot new book.
The problem is that for many orgs, it's all policy and abstraction. I renew my invitation to @eff employees to spend one day with me at my firm. I have clients who'd be happy to tell you about their life.
The 11 year old being sextorted on IG, the 14 yo whose rape video went viral around her junior high on FB messenger, the mom whose daughter was murdered on a first date on Tinder by a known serial abuser, the mom who's kid's murder was live-posted. & about 1000 other stories

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More from @cagoldberglaw

4 Sep
@TaylorLorenz asks the $1m question: Who's "responsible" for online mob harms.

So, responsibility: there's legal responsibility and there's moral responsibility.

And not just the creator & the platform. Also, there's the responsibility of audience/users too!
Let's look at legal responsibility first.

1. Audience members:
People who harass and threaten are always legally responsible for their own conduct. They can be sued for defamation or harassment. Or even arrested. BUT racism isn't illegal and is often protected speech. 2/
Plus, harassment requires a course of conduct directly to another person. So if you have 100k people saying or doing one hostile act, none of them are harassing, though the victim's experience is one of harassment.

2. The Creator
If they are inciting their audience to harass 3/
Read 14 tweets
21 Jul
Judge Esther Salas is the first Latina federal judge in all of NJ.

She's a star -- in 2018 she blocked ICE from deporting Indonesian immigrants and she's presiding over the prosecuting of Deutsche Bank for accommodating bad customers like Epstein. 1/
But don't indulge in conspiracy theories. She was destroyed -- her son murdered and husband shot -- by a man who hates women. By a man who calls our most basic law to not be violent toward women, VAWA, the "Female Fraud Act." He's sued Columbia for having Women's Studies 2/
courses and bars for "women's nights." He has said about the men's movement that "there is one remaining source of power in which men still have a near monopoly -- firearms."

He has an encyclopedia on the web w/ entries such as "female parasites" "feminazi or fear fascist" 3/
Read 16 tweets
17 Jul
I'm heartbroken for this generation of law grads worried about the bar exams. The exams are worthless and arbitrary. Studying for it was all encompassing for like two months. For folks who took interesting classes in law school,
like human rights and privacy and clinics, they'll be learning these topics for the first time and never use them again. Commercial paper, huh?! The exam is hard and overwhelming and required 8 hours of full concentration study a day. at least for me. I'm not a
good test taker and it required memorization only. As a lawyer, I memorize nothing. I can't even remember the SOL for some of the torts I use daily. I look that up and have it laminated on my desk. When I argue in court, it's not from memory. It's from the heart and from
Read 11 tweets
28 May
1/ At heart section 230 is about access to justice. It is a statutory limitation on who gets to be sued. As courts have interpreted the CDA since 1996, almost no circumstance can a victim sue an online platform for harms they suffer.
2/ This means that my client who was impersonated on Grindr and had over 1000 men come to his home and job for sex couldn’t hold Grindr accountable. It means my 11 year old client who was blackmailed into sending naked pictures and masturbation videos can’t sue the platform
3/ where she was preyed upon. It means the parents of a 29 year old nurse raped and murdered on a first date can’t sue the dating website that had notice this sex offenders was repeatedly using its product to rape women.
Read 20 tweets
18 Apr
1/ So for the last five weeks in quarantine, I've spent nights and weekends archiving about 800 WW2 letters my grandpa sent his hot new wife. After hours putting them into sheaths and binders in chronological order, I'm now typing them up. I've made amazing discoveries.
2/ The letters span Oct 1942 til Aug 1945. My Grandpa, a Jew from a tiny town in WA State was in the 95th Div 379th Infantry. Under Gen. Patton's Third Army, they were known as the "bravest of the brave" and had 103 consecutive days of enemy combat.
3/ I'm reading and typing up the letters in order and so far am only midway through the 3rd of seven binders and am up through July 1944. D Day has happened by now, but the 379th doesn't arrive to Normandy until 100 days later.
Read 29 tweets
22 Feb
CDA folks: CDA230 is so sexy. It empowers platforms to remove harmful content w/o fear of being sued

Tort lawyers: k. great job with that content moderation. Now, uh what cause of action could be used for removing content if not for 230?

CDA folks: shuttup. 10,000 duck bites
In the public morning session, CDA folks saying plaintiffs are so annoying and plentiful, suing would kill these poor companies with litigation costs.

Behind closed doors in the afternoon, CDA folks saying actual injuries from these platforms are so rare as to just be anecdotes
And they say of course given the scale of these companies, mistakes happen but a few injuries, live-streamed mass shootings , etc doesn’t mean these companies should be liable.

Just like how we don’t need rights if we get in a car crash b/c the majority of the time traffic flows
Read 6 tweets

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