Next #Section230 SOTN panel starting with @joellthayer noting that FOSTA was important for taking down Backpage...
The DOJ took Backpage down before FOSTA was enacted. But details.
The DOJ took Backpage down before FOSTA was enacted. But details.
Yael Eisenstat (ADL): "where does Section 230 stop? where are the lines?"
Section 230(e) is a good starting place.
Section 230(e) is a good starting place.
@MattPerault importantly reiterating those limits. #Section230 is not a defense to federal criminal prosecution. Congress has the tools to create legislation in this area if they feel it necessary.
.@billyez2 put it succinctly:
what is the policy problem we're actually trying to solve and how specifically does 230 reform address it?
This should always be the first Q before any legislation is considered.
what is the policy problem we're actually trying to solve and how specifically does 230 reform address it?
This should always be the first Q before any legislation is considered.
.@billyez2 rightfully notes to @joellthayer the GAO report highlighting zero progress that FOSTA/SESTA made towards addressing sex trafficking since the law was enacted in 2018. gao.gov/products/gao-2…
.@joellthayer rebuts that it's ridiculous to not change 230 out of the fear that "something bad will happen."
But that's precisely the issue Billy is pointing out. Legislating without considering the immense consequences on speech and human rights is truly absurd.
But that's precisely the issue Billy is pointing out. Legislating without considering the immense consequences on speech and human rights is truly absurd.
ADL arguing that we need to regulate the Internet like we regulate other offline industries.
Again...massive difference between oil & gas and an entire industry that revolves around speech and expression.
Again...massive difference between oil & gas and an entire industry that revolves around speech and expression.
.@joellthayer suggests that #Section230(c)(2) is unconstitutional because it "enables" broad content moderation and bias.
Sigh: techdirt.com/2020/11/02/you…
Sigh: techdirt.com/2020/11/02/you…
Discussion shifts to regulating transparency.
I urge anyone advocating for authoritarian compelled speech to take a look at this article by @ericgoldman papers.ssrn.com/sol3/papers.cf…
I urge anyone advocating for authoritarian compelled speech to take a look at this article by @ericgoldman papers.ssrn.com/sol3/papers.cf…
Crucial comment by @billyez2 that most lawmakers trying to curb #Section230 do not have the best intentions.
In other words, as we've seen with proposed legislation like EARN IT, the spoken intent is to "protect kids" while the actual intent is to undermine encryption.
In other words, as we've seen with proposed legislation like EARN IT, the spoken intent is to "protect kids" while the actual intent is to undermine encryption.
Yael pushes back on @Reddit brief in Gonzalez, noting that Facebook targeting is fundamentally different from upvoting / downvoting.
How? Upvotes, retweets, likes, shares, targeted recommendations, are all ways in which we "endorse" content -- protected by 1A and 230.
How? Upvotes, retweets, likes, shares, targeted recommendations, are all ways in which we "endorse" content -- protected by 1A and 230.
As soon as we introduce arbitrary legal lines that cause courts to question the thin factual boundaries surrounding the use of algorithms and editorial activity, we moot #Section230 entirely.
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