Elon Musk buys Twitter. And many here, me including, start to worry. But why?
As far as I know, Musk hinted at two things he would do: Transparency for Algorithms (okay…) and “more” Free Speech, translate to: less moderating of objectionable, borderline content (oha!).
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The assumption that less moderation in the grey area of lawful but awful leads to “more” free speech on quality-social-media-platforms is too simplistic.
Indeed, less moderation can threat “free speech” by allowing attacks on speakers and listeners.
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To put it simple: In a townhall, where everybody is allowed to bring her megaphone to shout or walk (anonymously) close behind other folks and permanently whisper borderline provocations, there will be less speech in the end …
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Attacks on other speakers through “awful but lawful” speech lead to silencing effects (=self-restricting of speech). What we observe is that a small number of borderline speakers (especially when interaction becomes personal) can silence many others.
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Interestingly, lawmakers as well as high courts have already endorsed this pro-moderation-logic (German perspective here, see BT-Drs. 19/18792, page 1 and 16; BGH, decision of 29.07.2021 – III ZR 179/20, para 75).
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The other effect of a “less-moderation-town-hall” is happening through “attacks on listeners”. The most impressive description for the problem I found in brilliant Tim Wu’s paper “Is the First Amendment Obsolete?”
In the old days (when 1 Amnd was forged), we had a scarcity of speakers, but an abundance of listeners. Free Speech was about protecting speakers from attacks by gvmt. Today, as Internet allows “cheap speech”, we have an abundance of speakers, but scarcity of listeners, ...
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or at least vulnerability of their attention. Attacks on free speech might today be less directed against the speakers, but against the listeners. Stephe Bannon did the favour in explaining first-hand what it is about: “to flood the zone with shit”
So, imo, Musk cannot explain how he wants to help free speech by less moderation (btw: is there one example he can give us? structural problem?)
To the contrary, he would certainly be counterproductive.
Moreover and finally ...
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his lamenting about too much moderation on Twitter stiffling free speech is fueling a conspiracy / politics-PR-trick: “conservatives” and MAGA-ppl who want to paint themselves as victims of corporate-censorship (california big-tech viewpoint-disctriminates our speech)...
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.. which I think is nonsense often articulated by the most privileged and most uncensored speakers in the world (white, U.S., “conservative”).
PS: #DSA will not help this problem (open to discussion)
PPS: Yes him buying Twitter poses other problems also, I focused here.
Super interesting, German District Court Frankfurt (2-03 O 188/21) rules on filter-obligations for social networks in defamation cases (Künast v. Facebook).
In a nutshell:
Facebook loses, needs to take pro-active measures to prevent (identical + equivalent) defamation.
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Court basically argues: After the claimant (MP Künast) notified Facebook about one instance of defamatory post, the law didn’t require her to sysiphus-like search every re-share or re-upload. Instead, Facebook was obliged to pro-actively prevent copies and re-appearances.
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Court argues that this also includes prevention of “similar content” (different wording, different layout, hidden pixels). Court argues that even if this might require human review, this doesn’t make the (de-facto-filter) obligation disproportionate.
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Art. 15(1) E-Commerce-Directive is THE decisive rule to which extent you might successfully sue Facebook & Co. to filter/prevent infringing content.
Topic is of relevance these days for 2 reasons: First, we might see another landmark ruling: on 8th April 2022 ...
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.. a German district Court will rule on filter obligations in prominent proceeding Künast v. Facebook (important since in this area we have one ECJ ruling which is somewhat vague and few national courts have chances to move on with interpretation).
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The other reason why we should pay attention is the ongoing #DSA -negotiations. Lawmakers are split whether to change the rules here, with the EP wanting to make it more industry-friendly (not good!).
Sidenote: Art. 7 is way more important than many other things in the DSA.
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Thread: Politiker wollen #Google und #Apple bitten, #Telegram aus den Appstores zu nehmen (#BMI#Faeser will an “gesellschaftliche Verantwortung” appelieren; NI-Min #Pistorius will “dringend mit ihnen sprechen und sie davon überzeugen …”). 1/X
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Informelles Verwaltungshandeln ist eine gutes Thema für mehrere Doktorarbeiten. Auf jeden Fall hat es mal mehr, mal weniger Beigeschmack. Hier finde ich es nicht überzeugend:
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(1.) Apple und Google trifft nach derzeitiger Rechtslage keine Pflicht, die App zu löschen.
(2.) Absprachen mit Big Tech stehen unter besonderem Stern: Big Tech ist oft “kooperativ”, wenngleich sie sich auch quer stellen könnten ...