This is a good point. I’m just defining “real” as “a thing that is factually related to Section 230.” I’m grasping at straws here.
The *other* reason that “otherwise objectionable” matters is that Republican lawmakers/Trump regulators have been trying to export the (c)(2)(A) preconditions into (c)(1), so any changes they make there are sort of a trojan horse for the entire law.
To be clear, most of the stuff the Trump administration wants to do is very legally questionable, so we’re sort of speaking in hypotheticals.
We’ve had a string of questions that have basically just gotten the CEOs to reiterate press releases and statements to journalists. They’re not getting pushed very hard on anything they’re actually doing at the company.
Mike Lee is asking if “any high-profile liberal person” that has been censored.

Zuckerberg can’t exactly bring this up, but Facebook reportedly deranked Mother Jones in its algorithm because it was left-leaning. motherjones.com/media/2020/10/…
Also Lee is kind of eliding the point that Barack Obama hasn’t gotten tweets labeled because Obama doesn’t constantly say completely bizarre stuff on social media.
Lee suggests platforms are “writing their standards to target conservative viewpoints,” which again, sort of elides whether things like “randomly making stuff up about the coronavirus” are inherently conservative viewpoints
Finally, some wholesome Section 230 content
I try not to be a downer about this, but 200,000 people are dead and millions have been impoverished and instead of helping them the Senate is busy litigating how Twitter is labeling the president’s tweets.
Sen. Johnson is asking Dorsey/Zuckerberg/Pichai to provide a breakdown of the political viewpoints of people who participate in internal chat forums at Twitter/Facebook/Google. What.
Senate Republicans' fixation on figuring out how many Democrats are working in specific tech companies is sort of awkwardly McCarthyian.
Johnson is now complaining about this tweet:
Ron Johnson: “If people think I’m strangling my neighbor’s dog, they may not show up at the polls!”

i mean, let’s not get ahead of ourselves
Again, you know what we could be doing right now? We could be grilling Zuckerberg about how far he’d be okay eroding Section 230. Asking newspaper editors about whether they’d have to shut down their comments sections without Section 230. And so on.
A few of the entities/people I would love the Senate to ask about Section 230:

- Wikipedia
- The Organization for Transformative Works
- Basically any consumer complaints site
- Harassment campaign victims
- Newspapers with comment sections
- Yelp
We’re still talking about dictators tweeting, so I’ll go on with questions I want to hear:

- What were the concrete effects of SESTA/FOSTA, a key test case for eroding Section 230?
- When does/should algorithmic recommendation make someone a “speaker,” if ever?
More questions:

- Is there a size above which platforms should face different rules?
- What would be the likely effect of changes like @daniellecitron’s “bad samaritan” proposal? fordhamlawreview.org/issues/the-int…
Ooh we’re back to something related to algorithms, let’s see where this goes.
Jacky Rosen wants to know “There has to be accountability when algorithims actively contribute to radicalization and hate.” When you implement policies banning hate etc., how quickly can you adjust your algorithms to stop promoting/recommending it?
Not crazy about this question, but algorithmic recommendations are a really interesting Section 230 topic and the subject of a recent bill: mediapost.com/publications/a…
We are officially done with our Section 230 hearing! Life is pain. All is vanity. Thank you for joining me on this journey.

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More from @thedextriarchy

28 Oct
Are you in the right headspace to receive information that could possibly hurt you? Then check out the Senate livestream for our latest Section 230 nightmare hearing! commerce.senate.gov/2020/10/does-s…
The big prospect from this hearing, as explained by @mmasnick: Facebook throwing its weight behind one of the proposals to change Section 230. techdirt.com/articles/20201…
Roger Wicker nods to the (largely illusory) bipartisan anti-230 consensus. “There is strong agreement from both sides of the aisle that hearing from these witnesses is important.” The witnesses are Google’s Sundar Pichai, Twitter’s Jack Dorsey, and Facebook’s Mark Zuckerberg.
Read 94 tweets
27 Oct
Love Jack Dorsey tastefully reminding Congress that Twitter is like nine times smaller than the “Big Tech” companies he’s constantly getting dragged into hearings with. "As you consider next steps, we urge your thoughtfulnes
Congress: We must rein in the digital ad behemoths! And the companies that control our phones! And a massive retailer with a drone division!

Oh and also that website where everybody posts their hot takes and apology screenshots, get that one in there too.
Twitter punches way above its weight in media influence — it’s a de facto wire service for lots of journalists and public figures. But as an actual digital platform, it’s *way* smaller than Facebook/Google, without any of those companies’ non-social-media divisions.
Read 4 tweets
11 Mar
If you’re a fan of tech-related Senate hearings, man this is your week. We’re about to start a hearing on the EARN IT Act, aka the “no really, we promise this isn’t about banning encryption” bill! judiciary.senate.gov/meetings/the-e…
Welcome to the EARN IT Act hearing, featuring: charts.
Lindsey Graham kicks off the hearing with a warning about how Facebook finds a lot of child abuse material but will “go dark” because of encryption.

“This bill is not about the encryption debate, but the best business practices, I’m dying to find out what they should be.”

Okay!
Read 66 tweets
10 Mar
Oh hey, new antitrust hearing! It’s probably gonna involve Google Search. And god willing no coronavirus. judiciary.senate.gov/meetings/compe…
Mike Lee is kicking off with an unusual damper on techlash stuff, saying we "cannot fall prey to the mentality that treats big as categorically bad.” Lee takes a moment to say that US law isn’t like Europe, and that we need to focus strictly on the consumer standard.
Lee says it’s ridiculous that the FTC and DOJ are both carrying out investigations. “I’ve expressed to both my profound frustration that these agencies are conducting monopolization investigations of the very same tech companies at the very same time.”
Read 63 tweets

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