Section 230 did not create the internet as we know it. The shift from subscription based profit models to "free" user data-mining and advertising profit models is what created the internet.

It's when the user stopped being the customer and started being the commodity.
Section 230 was extravagantly interpreted so that users could never hold accountable a tech company for harms on the platform. The plain language supports the idea that platforms can't be sued for things like defamation
or editorial decisions. But starting early on, courts interpreted it to also prevent law suits for things like negligence by platforms. And more recently, the Second Circuit said platforms also can't be sued under product
liability laws. A lot of people spread the idea that changing section 230 will destroy the internet. To them I say, is it really so great here? But also, the frivolous cases get thrown out b/c 1st Am rights of the platforms and the very harsh
pleading standards in our courts. And if your fave platform over-censors, it might, yikes, cause a user exodus to other emerging platforms. And OMG, some new competition! As for the argument that tech can't sustain itself if it's liable for harms caused,
consider literally every product and brand you use and have ever heard of -- cars, planes, chainsaws, staplers, computers, tractors, cribs, ketchup, aspirin, Burger King, Four Seasons. They all still exist and yet are liable for harms they cause.

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More from @cagoldberglaw

29 Dec 20
I've been weeping all day today. (So has half our staff) After a 6 1/2 year journey through hell and back, our former client and beloved associate, Annie Schmutz Seifullah, Esq. is officially an attorney licensed to practice law!!!

With her permission, I'm sharing a note i sent
"Dear Annie,
I’m weeping. I think many of us. We are all so proud of you. You were attacked by a man who was believed by an institution that should have had your back; that should have asked questions before taking action against you. He tried to destroy you. 2/
The media tried to make you into a joke. DOE tried to throw you in the garbage. None of it worked. Everybody underestimated you. None of them were a match for Annie Schmutz Seifullah. And today you transformed all of it – your expertise as an educator, your resilience 3/
Read 11 tweets
22 Dec 20
Let's talk about victim impact statements. My greatest joy in life is listening to my client read his/her victim impact statement on the day of sentencing in court which occurs at the end of a traumatic criminal proceeding, traumatic criminal investigation, and traumatic crime.
It's the culmination of years of legal work and suffering. It's a moment for my client to finally address their offender and tell him/her exactly what hell they put them through and what it looked like. In their own words, in their own voice. Surrounded by the loves ones who
travelled through hell with them.The VIS is the first and only time the survivor is truly in control of a criminal proceeding. (Unlike in a civil case where the case is brought by the victim-plaintiff, in a criminal case, the government brings the case and the victim is just a
Read 22 tweets
22 Dec 20
I've been holding this in for four days and I can't anymore!!!

In a sexual assault case, opposing counsel sent my clients a draft complaint threatening to sue them for "abuse of process." The allegation is that they hired an attorney (me!) with a vendetta against rich assholes
And opposing counsel found old articles and tweets from 2017 and 2018 like one where I'm talking to a documentary maker about his film about a deceased guy who extorted guys he coerced into making tickle films and I'm talking about how I'd drooled over the idea of suing that dead
guy. Another places he finds a quote from a profile about a federal prosecutor where I talk about hunting down anonymous stalkers who f*ck with my clients. Yeah, I hunt them down TO REPORT THEM TO LAW ENFORCEMENT.
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12 Dec 20
Survivor speaks out after $2 million sexual abuse settlement against former AHS band teacher -…
I'm so emotional to read about my former band teacher finally being held accountable. Everybody knew he was having a relationship with this student. He didn't hide it. They'd drive around in his red Mazda Miata convertible.
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Read 4 tweets
10 Dec 20
I have some new trolls who love to tell me that I've built a business off victims' pain.

Do these people know how f*cking idiotic they sound? At our firm we STOP victims' pain.
Funny that my male friends who are personal injury lawyers never experience this trolling. The trolls fixate on us b/c we're a women led firm serving a type of person (victims of sexual assault and intimate partner violence) who a-holes don't want to have using our
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Read 5 tweets
10 Dec 20
I'm a victims rights lawyer. For every 1 case involving a rape tape on Pornhub, I have 50 involving rape and CSAM being disseminated on Insta and FB. Pornhub is far from perfect. But mainstream big tech is far worse and have a built-in mechanism for harassing victims directly.
So, yes, let's pressure Pornhub to clean up. And give victims the right to sue them. But don't blind yourself to the issue that the social media companies you use everyday are FAR worse even though they don't have "porn" in their title.
And in addition to fb and IG, You know how a lot of csam and child rape vids gets streamed? FB and Skype and more recently, Zoom. Stored and shared? Dropbox and Amazon servers. Solicited? Discord, Kik
Read 5 tweets

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