Another argument: The Capitol r**t and its aftermath makes the case for tech regulation more urgent, but no simpler
Jan 12, 2021 09:16:22 #
Jonathan Shieber
Mon, January 11, 2021, 5:32 PM MST
Last week and throughout the weekend, technology companies took the historic step of deplatforming the president of the United States in the wake of a r**t in which the US Capitol was stormed by a collection of white nationalists, Q***n supporters, and right wing activists.
The decision to remove Donald Trump, his fundraising and moneymaking apparatus, and a large portion of his supporters from their digital homes because of their incitements to violence in the nation's Capitol on J****** 6th and beyond, has led a chorus of voices to call for the regulation of the giant tech platforms.
They argue that private companies shouldn't have the sole power to erase the digital footprint of a sitting president.
But there's a reason why the legislative hearings in Congress, and the pressure from the president, have not created any new regulations. And there's also a reason why -- despite all of the protestations from the president and his supporters -- no lawsuits have effectively been brought against the platforms for their decisions.
The law, for now, is on their side.
The First Amendment and freedom of speech (for platforms)
Let's start with the First Amendment. The protections of speech afforded to American citizens under the First Amendment only apply to government efforts to limit speech. While the protection of all speech is assumed as something enshrined in the foundations of American democracy, the founders appear to have only wanted to shield speech from government intrusions.
That position makes sense if you're a band of patriots trying to ensure that a monarch or dictator can't abuse government power to silence its citizens or put its thumb on the lever in the marketplace of ideas.
The thing is, that marketplace of ideas is always open, but publishers and platforms have the freedom to decide what they want to sell into it. Ben Franklin would never have published pro-monarchist sentiments on his printing presses, but he would probably have let Thomas Paine have free rein.
So, the First Amendment doesn't protect an individuals' rights to access any platform and say wh**ever the hell they want. In fact, it protects businesses in many cases from having their freedom of speech violated by having the government force them to publish something they don't want to on their platforms.
Section 230 and platform liability
BuT WhAt AbOUt SeCTiOn 230, one might ask (and if you do, you're not alone)?
Unfortunately, for Abbott and others who believe that repealing Section 230 would open the door for less suppression of speech by online platforms, they're wrong.
First, the cancellation of speech by businesses isn't actually hostile to the foundation America was built on. If a group doesn't like the way it's being treated in one outlet, it can try and find another. Essentially, no one can force a newspaper to print their letter to the editor.
Second, users' speech isn't what is protected under Section 230; it protects platforms from liability for that speech, which indirectly makes it safe for users to speak freely.
Where things get complicated is in the difference between the letter to an editor in a newspaper and a tweet on Twitter, post on Facebook, or blog on Medium (or WordPress). And this is where U.S. Code Section 230 comes into play.
Right now, Section 230 protects all of these social media companies from legal liability for the stuff that people publish on their platforms (unlike publishers). The gist of the law is that since these companies don't actively edit what people post on the platforms, but merely provide a distribution channel for that content, then they can't be held accountable for what's in the posts.
The companies argue that they're exercising their own rights to freedom of speech through the algorithms they've developed to highlight certain pieces of information or entertainment, or in removing certain pieces of content. And their broad terms of service agreements also provide legal shields that allow them to act with a large degree of impunity.
Repealing Section 230 would make platforms more restrictive rather than less restrictive about who gets to sell their ideas in the marketplace, because it would open up the tech companies to lawsuits over what they distribute across their platforms.
One of the authors of the legislation, Senator Ron Wyden, thinks repeal is an existential threat to social media companies. "Were Twitter to lose the protections I wrote into law, within 24 hours its potential liabilities would be many multiples of its assets and its stock would be worthless," Senator Wyden wrote back in 2018. "The same for Facebook and any other social media site. Boards of directors should have taken action long before now against CEOs who refuse to recognize this threat to their business."
Others believe that increased liability for content would actually be a powerful weapon to bring decorum to online discussions. As Joe Nocera argues in Bloomberg BusinessWeek today:
"... I have come around to an idea that the right has been clamoring for — and which Trump tried unsuccessfully to get Congress to approve just weeks ago. Eliminate Section 230 of the Communications Decency Act of 1996. That is the provision that shields social media companies from legal liability for the content they publish — or, for that matter, block.
The right seems to believe that repealing Section 230 is some kind of deserved punishment for Twitter and Facebook for censoring conservative views. (This accusation doesn’t hold up upon scrutiny, but let’s leave that aside.) In fact, once the social media companies have to assume legal liability — not just for libel, but for inciting violence and so on — they will quickly change their algorithms to block anything remotely problematic. People would still be able to discuss politics, but they wouldn’t be able to hurl anti-Semitic slurs. Presidents and other officials could announce policies, but they wouldn’t be able to spin wild conspiracies."
https://www.yahoo.com/finance/news/capitol-r**t-aftermath-makes-case-003214977.html
Mon, January 11, 2021, 5:32 PM MST
Last week and throughout the weekend, technology companies took the historic step of deplatforming the president of the United States in the wake of a r**t in which the US Capitol was stormed by a collection of white nationalists, Q***n supporters, and right wing activists.
The decision to remove Donald Trump, his fundraising and moneymaking apparatus, and a large portion of his supporters from their digital homes because of their incitements to violence in the nation's Capitol on J****** 6th and beyond, has led a chorus of voices to call for the regulation of the giant tech platforms.
They argue that private companies shouldn't have the sole power to erase the digital footprint of a sitting president.
But there's a reason why the legislative hearings in Congress, and the pressure from the president, have not created any new regulations. And there's also a reason why -- despite all of the protestations from the president and his supporters -- no lawsuits have effectively been brought against the platforms for their decisions.
The law, for now, is on their side.
The First Amendment and freedom of speech (for platforms)
Let's start with the First Amendment. The protections of speech afforded to American citizens under the First Amendment only apply to government efforts to limit speech. While the protection of all speech is assumed as something enshrined in the foundations of American democracy, the founders appear to have only wanted to shield speech from government intrusions.
That position makes sense if you're a band of patriots trying to ensure that a monarch or dictator can't abuse government power to silence its citizens or put its thumb on the lever in the marketplace of ideas.
The thing is, that marketplace of ideas is always open, but publishers and platforms have the freedom to decide what they want to sell into it. Ben Franklin would never have published pro-monarchist sentiments on his printing presses, but he would probably have let Thomas Paine have free rein.
So, the First Amendment doesn't protect an individuals' rights to access any platform and say wh**ever the hell they want. In fact, it protects businesses in many cases from having their freedom of speech violated by having the government force them to publish something they don't want to on their platforms.
Section 230 and platform liability
BuT WhAt AbOUt SeCTiOn 230, one might ask (and if you do, you're not alone)?
Unfortunately, for Abbott and others who believe that repealing Section 230 would open the door for less suppression of speech by online platforms, they're wrong.
First, the cancellation of speech by businesses isn't actually hostile to the foundation America was built on. If a group doesn't like the way it's being treated in one outlet, it can try and find another. Essentially, no one can force a newspaper to print their letter to the editor.
Second, users' speech isn't what is protected under Section 230; it protects platforms from liability for that speech, which indirectly makes it safe for users to speak freely.
Where things get complicated is in the difference between the letter to an editor in a newspaper and a tweet on Twitter, post on Facebook, or blog on Medium (or WordPress). And this is where U.S. Code Section 230 comes into play.
Right now, Section 230 protects all of these social media companies from legal liability for the stuff that people publish on their platforms (unlike publishers). The gist of the law is that since these companies don't actively edit what people post on the platforms, but merely provide a distribution channel for that content, then they can't be held accountable for what's in the posts.
The companies argue that they're exercising their own rights to freedom of speech through the algorithms they've developed to highlight certain pieces of information or entertainment, or in removing certain pieces of content. And their broad terms of service agreements also provide legal shields that allow them to act with a large degree of impunity.
Repealing Section 230 would make platforms more restrictive rather than less restrictive about who gets to sell their ideas in the marketplace, because it would open up the tech companies to lawsuits over what they distribute across their platforms.
One of the authors of the legislation, Senator Ron Wyden, thinks repeal is an existential threat to social media companies. "Were Twitter to lose the protections I wrote into law, within 24 hours its potential liabilities would be many multiples of its assets and its stock would be worthless," Senator Wyden wrote back in 2018. "The same for Facebook and any other social media site. Boards of directors should have taken action long before now against CEOs who refuse to recognize this threat to their business."
Others believe that increased liability for content would actually be a powerful weapon to bring decorum to online discussions. As Joe Nocera argues in Bloomberg BusinessWeek today:
"... I have come around to an idea that the right has been clamoring for — and which Trump tried unsuccessfully to get Congress to approve just weeks ago. Eliminate Section 230 of the Communications Decency Act of 1996. That is the provision that shields social media companies from legal liability for the content they publish — or, for that matter, block.
The right seems to believe that repealing Section 230 is some kind of deserved punishment for Twitter and Facebook for censoring conservative views. (This accusation doesn’t hold up upon scrutiny, but let’s leave that aside.) In fact, once the social media companies have to assume legal liability — not just for libel, but for inciting violence and so on — they will quickly change their algorithms to block anything remotely problematic. People would still be able to discuss politics, but they wouldn’t be able to hurl anti-Semitic slurs. Presidents and other officials could announce policies, but they wouldn’t be able to spin wild conspiracies."
https://www.yahoo.com/finance/news/capitol-r**t-aftermath-makes-case-003214977.html
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.