Thread by @BerinSzoka

.@BrendanCarrFCC is on a @FSFthinktank zoom now & about to talk about social media regulation
us02web.zoom.us/j/85978754303

Here's the thread I posted the last time he talked about #Section230

tl;dr: No, the FCC can't mandate "transparency" for content moderation akin to NN rules

https://twitter.com/BerinSzoka/status/1326239109749288960

Requiring ISPs to disclose how they block, throttle and prioritize is radically different from regulating how websites moderate content

The DC Circuit upheld 2015 NN rules because they applied only to ISPs that held themselves out as *not* curating the broadband experience

By contrast, social media ALL provide a curated, edited experience

And the First Amendment protects that exercise of editorial control

Read our comments to the FCC on the unconstitutionality of the NTIA's proposed #Section230 rules

techfreedom.org/wp-content/upl…

Since Randy May brought up FTC Cmr @CSWilsonFTC. here's my thread on her misunderstanding of why consumer protection law won't allow the government to police the exercise of editorial discretion

https://twitter.com/BerinSzoka/status/1372993467295621121

.@BrendanCarrFCC: "our nation's public policy with respect to content moderation on the Internet is failing. Harmful content is staying up and core political speech is staying down. #Section230 means the gov't is stepping in, inserting itself... So we need to ask if 230 works"

Again, for the billionth time, #Section230 doesn't change the substantive law on content moderation: the First Amendment protects a website's right to take down speech it doesn't want to host

230 merely creates a civil procedure short cut to avoid having to litigate con law Qs

Carr asserts that the courts have misread (c)(1) and that only (c)(2)(A) should protect content moderation

Literally every court has said the opposite. He doesn't have a legal argument. He's just making a policy argument that content moderation should be harder

No, @BrendanCarrFCC, the FTC can't police how websites draw lines in their content moderation practices because those are subjective questions of opinions and the FTC has never policed non-commercial speech

I've explained this in great detail gaidigitalreport.com/2020/10/04/sec…