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posted by Fnord666 on Tuesday January 05 2021, @02:54PM   Printer-friendly
from the only-have-to-win-once dept.

McConnell introduces bill tying $2K stimulus checks to Section 230 repeal:

Senate Majority Leader Mitch McConnell (R-KY) has thrown a wrench into Congressional approval of an increase in government stimulus relief checks from $600 to $2,000. The House voted overwhelmingly on Monday to increase the payments, as President Trump had advocated for. Instead of voting on the House bill, however, McConnell blocked it and instead introduced a new bill tying higher stimulus payments to Section 230's full repeal, according to Verge, which obtained a copy of the bill's text.

It's a tangled web, but the move is tied to Trump's veto of the National Defense Authorization Act, which authorizes $740 billion in defense spending for the upcoming government fiscal year. "No one has worked harder, or approved more money for the military, than I have," Trump said in a statement about the veto, claiming falsely that the military "was totally depleted" when he took office in 2017. "Your failure to terminate the very dangerous national security risk of Section 230 will make our intelligence virtually impossible to conduct without everyone knowing what we are doing at every step."

Section 230 has nothing to do with military intelligence; it's a 1996 law designed to protect Internet platforms. At its highest level, the short snippet of law basically does two things. First, it grants Internet service providers, including online platforms, broad immunity from being held legally liable for content third-party users share. Second, it grants those same services legal immunity from the decisions they make around content moderation—no matter how much or how little they choose to do.


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  • (Score: 5, Insightful) by Anonymous Coward on Tuesday January 05 2021, @03:35PM (179 children)

    by Anonymous Coward on Tuesday January 05 2021, @03:35PM (#1094980)

    prevents you from being sued for something somebody else posts on your blog, forum, facebook page etc. It is a pretty broad law. Mostly it prevents people from being sued for things that other people said.

    That really should go without saying, but when you look at the nutjobs on the hill, nothing is off the table, including the kind of politics the world hasn't seen in 70 years.

    It wouldn't be an issue if the senate could be trusted to respect the Constitution. They don't so we shouldn't empower them. Hence CDA230 should stay.

    • (Score: 3, Funny) by Anonymous Coward on Tuesday January 05 2021, @03:42PM

      by Anonymous Coward on Tuesday January 05 2021, @03:42PM (#1094982)

      Contact him

      https://www.mcconnell.senate.gov/public/index.cfm?p=contact [senate.gov]

      I already typed him something. Hopefully it gets to him.

    • (Score: 5, Insightful) by Thexalon on Tuesday January 05 2021, @03:45PM (48 children)

      by Thexalon (636) on Tuesday January 05 2021, @03:45PM (#1094983)

      It's abundantly clear from the public statements of the people who are into repealing section 230 that what they really really really want is for politicians to be able to sue into the ground any social media site who allows people to use that site to criticize them. And they don't even need to win the lawsuits in question, they just need to force the site to incur legal fees, and sue for each and every time any user posts anything they don't like, one at a time, until the site runs out of money to operate because they're defending themselves in court constantly.

      A site like SoylentNews would be doomed very quickly. Twitter, Facebook, and TikTok would last a bit longer against something like that.

      --
      The only thing that stops a bad guy with a compiler is a good guy with a compiler.
      • (Score: 3, Interesting) by Anonymous Coward on Tuesday January 05 2021, @03:58PM (13 children)

        by Anonymous Coward on Tuesday January 05 2021, @03:58PM (#1094993)

        One of the problems that we face is that this is the perfect time to pass unpopular laws because Covid makes it more difficult for anyone to physically go out and protest plus they can take advantage of a perceived desperate need to pass legislation to alleviate the impact of Covid by sneaking in undesirable clauses into these 'relief efforts' last minute. Plus the media is distracting everyone with nothing but Covid and bombarding them about it taking attention away from other things. Politicians know this and they see this is a good opportunity to pass all the laws that no one wants. That's why they pushed this into the stimulus bill last minute

        "The COVID-19 Stimulus Bill Would Make Illegal Streaming a Felony"
        https://soylentnews.org/politics/article.pl?sid=20/12/22/2140223 [soylentnews.org]

        China used Covid as an excuse to clamp down Hong Kong protests.

        and they are seeing this as an excuse to repeal section 230.

        They don't want to pass up this perfect Covid opportunity to get bad laws pass. They don't want to wait until Covid ends to do it because by then it'll be more difficult. The time for them is now. It's despicable that these politicians see COVID as an opportunity to pass unpopular laws. Shows their true character.

        While we may not have tamper resistant elections (the only reason not to is if you plan to cheat. If you really have nothing to hide then you should have no problems proving it. Elections in Canada and Europe are more tamper resistant but elections in the U.S. have turned into a joke) which could make it difficult to vote unwanted politicians out of office what's harder to cheat is the fact that huge groups of protesters will protest and have protested against stricter IP laws and will defend section 230 (ie: they protested SOPA and TPP). We never see large groups of people protest in favor of repealing section 230 or in favor of stricter IP laws. The people do not want stricter IP laws and we support section 230. This should be a democracy. The government should represent the will of the people.

        • (Score: 4, Insightful) by Thexalon on Tuesday January 05 2021, @04:27PM (10 children)

          by Thexalon (636) on Tuesday January 05 2021, @04:27PM (#1095020)

          this is the perfect time to pass unpopular laws

          That's true with or without Covid: The president is a lame duck, and Congress knows that this vote is very likely to be completely forgotten by the time they face reelection.

          And that's one of the most important weapons politicians have: The confidence that you either never really find out what they're doing, or if you did find out you forgot it come the next election and just vote for the party that you pretty much always vote for.

          Other major weapons in the political arsenal, of course, include "The Other Side Is Worse" and gerrymandering.

          --
          The only thing that stops a bad guy with a compiler is a good guy with a compiler.
          • (Score: -1, Troll) by Anonymous Coward on Tuesday January 05 2021, @04:56PM (9 children)

            by Anonymous Coward on Tuesday January 05 2021, @04:56PM (#1095038)

            Don't forget cell modems in voting machines that get unexpected updates the day before the election that was only noticed because it broke a few machines.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:07PM (8 children)

              by Anonymous Coward on Tuesday January 05 2021, @05:07PM (#1095048)

              ZOMG! QUICK cancel 7million votes based on no evidence. [citation needed]

              • (Score: -1, Offtopic) by Anonymous Coward on Tuesday January 05 2021, @05:28PM (7 children)

                by Anonymous Coward on Tuesday January 05 2021, @05:28PM (#1095065)

                Wat?

                Are you some kind of shill who gets paid to make elections easy for the rich and powerful to manipulate?

                • (Score: -1, Offtopic) by Anonymous Coward on Tuesday January 05 2021, @06:22PM (6 children)

                  by Anonymous Coward on Tuesday January 05 2021, @06:22PM (#1095087)

                  That would be you Qanon idiot child, sad day indeed if you're not getting paid for it

                  • (Score: -1, Offtopic) by Anonymous Coward on Tuesday January 05 2021, @07:03PM (5 children)

                    by Anonymous Coward on Tuesday January 05 2021, @07:03PM (#1095118)

                    Interesting, so it is Q that says it is secure practice to have voting machines connect to the internet via cell modems?

                    I don't see how any real person can defend this.

        • (Score: 2, Informative) by fustakrakich on Tuesday January 05 2021, @06:56PM

          by fustakrakich (6150) on Tuesday January 05 2021, @06:56PM (#1095113) Journal

          The government should represent the will of the people.

          For that to happen, people have to speak up and stop reelecting 40 year incumbents. With the present day 98% approval rating (only 13 incumbents were removed), they have no reason to change anything.

          --
          La politica e i criminali sono la stessa cosa..
        • (Score: 2) by istartedi on Tuesday January 05 2021, @08:56PM

          by istartedi (123) on Tuesday January 05 2021, @08:56PM (#1095195) Journal

          Covid makes it more difficult for anyone to physically go out and protest

          I have to disagree with that. Whatever discouragement Covid gives to protest because of exposure fear, not having a job due to Covid undoes it. If there were no Covid, how big do you think the George Floyd protests would have been?

          If anything will stop protests over this, it's the fact that the danger to society isn't as immediate or compelling. A video of somebody dying with a boot on their neck is about as compelling as it gets. Legal proceedings, not so much.

          --
          Appended to the end of comments you post. Max: 120 chars.
      • (Score: 4, Interesting) by Runaway1956 on Tuesday January 05 2021, @04:42PM (30 children)

        by Runaway1956 (2926) Subscriber Badge on Tuesday January 05 2021, @04:42PM (#1095032) Journal

        IMO, 230 needs tweaking. It doesn't need to be repealed, but it needs tweaking.

        Those Big 3 social media sites abused 230 to hell and back, by silencing opinions that they disagree with. Those Big 3 should lose their 230 rights and privileges because of that censorship. 230 should remain mostly intact, for the benefit of those sites that do not engage in censorship.

        Of course, congress can't understand any of that. They'll use a sledgehammer where a wood chisel and a 12 ounce tack hammer would suffice.

        • (Score: 3, Informative) by Anonymous Coward on Tuesday January 05 2021, @05:00PM (8 children)

          by Anonymous Coward on Tuesday January 05 2021, @05:00PM (#1095041)

          Those Big 3 social media sites abused 230 to hell and back, by silencing opinions that they disagree with. Those Big 3 should lose their 230 rights and privileges because of that censorship. 230 should remain mostly intact, for the benefit of those sites that do not engage in censorship.

          Section 230 isn't what you think it is. Not that I expect you'll actually exercise your brain rather than listen to the liars, but you're wrong about section 230 [techdirt.com].

          • (Score: 1, Informative) by Anonymous Coward on Tuesday January 05 2021, @06:48PM (7 children)

            by Anonymous Coward on Tuesday January 05 2021, @06:48PM (#1095106)

            Except when a platform goes further than required by law to the extent they are effectively editorializing all content. YT yeeted Talk Radio today a UK broadcaster with a regulator that answers to Parliament. [youtube.com]. So onerous are their terms of service that everything on their service should be considered officially approved. Plus YT gets a free ride on Google infrastructure, it's past time Governments stepped in to level the playing field.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:39PM (4 children)

              by Anonymous Coward on Tuesday January 05 2021, @07:39PM (#1095142)

              "Except when a platform goes further than required by law"

              BZZT WRONG! Their platform, their rules. Otherwise I should be able to spam comments on Soylent News advertising my Technologically Marvelous Hosts Files and anyone that censors me is a dirty commie that I'll sue into the ground!

              Seriously, do you idiots bother thinking through anything? If Gaggle, Fuckbook and Twatter are violating monopoly laws then we already have systems in place to handle that. If you are just upset that people prefer using those platforms over Voat and Parler, well news flash buddy, that is not oppression and the government should not remove protections that enable more internet freedom.

              The end result of repealing 230 will be more censorshp not less.

              • (Score: -1, Troll) by Anonymous Coward on Tuesday January 05 2021, @08:29PM (3 children)

                by Anonymous Coward on Tuesday January 05 2021, @08:29PM (#1095176)

                BZZT WRONG! Their platform, their rules.

                My home, my rules. I can accuse you of anything, beat the shit out of you and you've no recourse? Is that how it works?

                Otherwise I should be able to spam comments on Soylent News advertising my Technologically Marvelous Hosts Files and anyone that censors me is a dirty commie that I'll sue into the ground!

                Those comments are not deleted.

                The end result of repealing 230 will be more censorshp not less

                Exactly - who risks publishing SJW bullshit then? Andrew Cuomo is building a camp for obesity and sexwork promoting leftist nutjobs as we speak - he just doesn't know it yet!

                • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:34PM (2 children)

                  by Anonymous Coward on Tuesday January 05 2021, @11:34PM (#1095341)

                  "My home, my rules. I can accuse you of anything, beat the shit out of you and you've no recourse? Is that how it works?"

                  No, there are legal restrictions, same for web services. If you want your political opinions to be protected speech then push to have that added to anti-discrimination laws. Don't destroy the web in a misguided effort that will backfire and cause even greater censorship.

                  "Those comments are not deleted."

                  They are modified by the editorial controls of the site, same as that Twitter fact check on Trump's tweet that you trumptards lost your minds over.

                  "Exactly - who risks publishing SJW bullshit then? Andrew Cuomo is building a camp for obesity and sexwork promoting leftist nutjobs as we speak - he just doesn't know it yet!"

                  Umm, so you agree that repealing 230 is a bad idea? Now I'm confused. Wait, no I'm not. You're confused because as soon as you could think up some way it would hurt liberals you suddenly are pro-censorship?

                  I presume you were the AC I responded to initially -

                  Except when a platform goes further than required by law to the extent they are effectively editorializing all content. YT yeeted Talk Radio today a UK broadcaster with a regulator that answers to Parliament. [youtube.com]. So onerous are their terms of service that everything on their service should be considered officially approved. Plus YT gets a free ride on Google infrastructure, it's past time Governments stepped in to level the playing field.

                  That simply doesn't mesh. You want to reign in censorship, but then you cheer about SJWs getting censored? Ah well, done debating morons for the day, you conservative dingbats just want to put your boots on the throats of others. No one owes you a platform, and Parler has created the safe space you've been looking for. Git your butt over there!

                  • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @12:23AM (1 child)

                    by Anonymous Coward on Wednesday January 06 2021, @12:23AM (#1095364)

                    You're confused because as soon as you could think up some way it would hurt liberals you suddenly are pro-censorship?

                    You are confused. I am a liberal and I support freedom of speech. Those of low cognitive ability who support censorship need to understand it applies to them, if they insist on censorship we should insist on pulling the rug.

                    You want to reign in censorship, but then you cheer about SJWs getting censored?

                    Fight fire with fire, censor the censors, burn them to the ground!

                    just want to put your boots on the throats of others.

                    Do unto others as they would do to you.

                    No one owes you a platform

                    Social media companies are not owed the right to a platform either. [wikipedia.org]

                    • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @09:26AM

                      by Anonymous Coward on Wednesday January 06 2021, @09:26AM (#1095551)

                      uh huh, buh bye

            • (Score: 4, Informative) by Dr Spin on Tuesday January 05 2021, @08:22PM (1 child)

              by Dr Spin (5239) on Tuesday January 05 2021, @08:22PM (#1095171)

              Except when a platform goes further than required by law to the extent they are effectively editorializing all content. YT yeeted Talk Radio today a UK broadcaster with a regulator that answers to Parliament. [youtube.com]. So onerous are their terms of service that everything on their service should be considered officially approved.

              You really need to stop drinking the kool-aid.

              The BBC's problem historically has been that, in order to show they are balanced, they have presented:

              In the blue corner we have a Nobel prize winner who has expertise in the subject.

              In the red corner we have an escaped loony who can barely string three words together.

              They have recently been told that is not what balance means.

              When both the left and the right complain you favour the other side, it probably means you are balanced. 80% of the UK thinks the are more honest than the rest of the media here,
              and very few people here would believe the American media's version of anything, in the unlikely event that they could find the stories between the advertising.

              "We know the reviews are fake because they are on Amazon!" Is how it looks from here.

              --
              Warning: Opening your mouth may invalidate your brain!
              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:15PM

                by Anonymous Coward on Tuesday January 05 2021, @11:15PM (#1095322)

                The BBC's problem historically

                You need to stop drinking the kool aid. [bbc.com] If you struggle with this, consider the minor cost of excluding a tiny number of people for narrative and where an intel agency would truthfully want "subversives" if the intent was to monitor them.

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:07PM (3 children)

          by Anonymous Coward on Tuesday January 05 2021, @06:07PM (#1095074)

          What you are basically saying is that since the big three don't give you 'equal time' to say whatever stupid thing you want, you want to be able to hold them liable? Liable for what exactly? Trumpsters really don't understand what section 230 does.....IT WAS NEVER INTENDED TO ENSURE FAIRNESS!!!

          Lets open that floodgate and require every broadcaster to be required to provide 'equal time' to all opposing views. I am sure Hannity, Carlson, Limbaugh and all the other spouters of proven falsehoods would love to have people rebut their sillyness.

          Broadcasters used to be required to follow the fairness doctrine https://en.wikipedia.org/wiki/FCC_fairness_doctrine [wikipedia.org] but the Republicans in the 1980's revoked that.

          Beware of what you wish for, as it may come true....

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:54PM (2 children)

            by Anonymous Coward on Tuesday January 05 2021, @06:54PM (#1095111)

            "Trumpsters really don't understand what section 230 does.....IT WAS NEVER INTENDED TO ENSURE FAIRNESS!!!"

            Do you even read what you wrote? "Trumpsters" in fact DO get it- they don't like that 230 allows biased and hugely socially influencing organizations to steer public opinion. They want more fairness, and bias removed.

            Like it or not, govt. is going to have to control the giants. Whether it be by breaking them up (dubious fix), or regulating what they're allowed to censor, or something else.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:22PM (1 child)

              by Anonymous Coward on Tuesday January 05 2021, @07:22PM (#1095135)

              Like it or not, govt. is going to have to control the giants. Whether it be by breaking them up (dubious fix), or regulating what they're allowed to censor, or something else.

              Repealing section 230 won't do that.

              Actually, the only thing that could do that is repealing the First Amendment. Why don't you go ahead and make that happen, friend.

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @09:24PM

                by Anonymous Coward on Tuesday January 05 2021, @09:24PM (#1095221)

                Considering the Giants want 230 repealed, it definitely won't do that.

        • (Score: 1, Offtopic) by fustakrakich on Tuesday January 05 2021, @06:59PM (2 children)

          by fustakrakich (6150) on Tuesday January 05 2021, @06:59PM (#1095115) Journal

          Free speech is not a privilege. The entire DCA has to be repealed, and the ISPs have to be regulated as common carriers.

          --
          La politica e i criminali sono la stessa cosa..
          • (Score: 2) by Thexalon on Tuesday January 05 2021, @09:51PM (1 child)

            by Thexalon (636) on Tuesday January 05 2021, @09:51PM (#1095240)

            ISPs aren't the same as web-based services, and you know it.

            You don't like the rules on Facebook or Twitter? Go to 8-chan or Parler. That's your remedy.

            --
            The only thing that stops a bad guy with a compiler is a good guy with a compiler.
            • (Score: 1) by fustakrakich on Tuesday January 05 2021, @10:03PM

              by fustakrakich (6150) on Tuesday January 05 2021, @10:03PM (#1095249) Journal

              Yes I do know it, and you're not addressing the issue. The ISP is your connection to the internet, nothing to do with the web or the people that provide web based services. Those people are content providers, hands off! The ISP should be a simple wire with a switch, not a router, at their end. Of course that means we have to develop ad-hoc networking on the WAN, but that would be better all around at making the internet more robust against interference from the authorities, so it's worth doing.

              --
              La politica e i criminali sono la stessa cosa..
        • (Score: 2) by Tork on Tuesday January 05 2021, @07:10PM

          by Tork (3914) Subscriber Badge on Tuesday January 05 2021, @07:10PM (#1095126)

          Those Big 3 social media sites abused 230 to hell and back, by silencing opinions that they disagree with.

          Well that's what some news 'sources' reported, anyway. 🙄

          --
          🏳️‍🌈 Proud Ally 🏳️‍🌈
        • (Score: -1, Flamebait) by Anonymous Coward on Tuesday January 05 2021, @08:31PM (1 child)

          by Anonymous Coward on Tuesday January 05 2021, @08:31PM (#1095177)

          IMO, 230 needs tweaking.

          Truly, Runaway1956 is an idiot, and a fool, and a patsy for Trump and McConnell.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:45PM

            by Anonymous Coward on Tuesday January 05 2021, @08:45PM (#1095185)

            Could Section 230 be the most perfectest law ever made?!

        • (Score: 3, Insightful) by Thexalon on Tuesday January 05 2021, @09:38PM (9 children)

          by Thexalon (636) on Tuesday January 05 2021, @09:38PM (#1095234)

          I'm tired of hearing this argument from you.

          Any website can censor whatever they damn well please. Yes, including the "Big 3". You're trying to pretend that those are public spaces when they are in fact private spaces, and those websites can legally boot you or your content for any reason or no reason at all (including completely arbitrary reasons like "the owner doesn't like you" or "an admin is mad because you knocked up their sister"). You have no legal right to anybody else's server space or bandwidth barring a legal contract, you have a privilege that the site owners can choose to give you if they feel like it.

          Imagine you're at a bar concert, some drunk idiot runs up on stage, and starts singing into the mike like they're one of the band members. The bar has every right to kick said drunk idiot out.

          --
          The only thing that stops a bad guy with a compiler is a good guy with a compiler.
          • (Score: 2, Redundant) by Runaway1956 on Tuesday January 05 2021, @09:52PM (3 children)

            by Runaway1956 (2926) Subscriber Badge on Tuesday January 05 2021, @09:52PM (#1095241) Journal

            Doesn't matter how tired you are of hearing it. I'm going to repeat it again and again.

            Have you looked at the world around you? This ain't 1492 any more. Or 1776, or even 1930. Technology has taken over damned near everything, and that includes "public spaces" in many cases. Big Tech owns all the soapboxes today. Remember the boxes? Soapbox, ballot box, and ammo box? Where do YOU go to voice your opinion, today? Do you go down to the town square with a megaphone?

            Expect to get a lot more tired, Pal.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:32PM

              by Anonymous Coward on Tuesday January 05 2021, @10:32PM (#1095273)

              Ok fine, you can repeal 230 since the world is so crazy different nowadays, but we're putting in strict gun control to prevent nutjobs like you from murdering people. Petard, enjoy your Runaway.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:43PM

              by Anonymous Coward on Tuesday January 05 2021, @10:43PM (#1095288)

              Where do YOU go to voice your opinion, today?

              Um, you do realize that for very little money you can create your own blog, right? For a bit more money you can also make your very own server. You are not nearly so oppressed as you suppose.

            • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @03:28PM

              by Anonymous Coward on Wednesday January 06 2021, @03:28PM (#1095639)

              Like others have said you can always create your own blog or whatever. If you choose to voice your opinion on your own blog and no one wants to visit your blog that's your own problem. As long as you can provide others with the URL. It shouldn't be everyone else's responsibility to force your opinion down their throat against their will. You have a right to free speech but everyone has a right to take your free speech off of their own property/platforms if they don't like it.

              Now where it may get tricky is things like how the payment processors try to censor payment to platforms that provide information that the payment processors don't like. This might be something that needs to be looked at more, especially when you consider that the money usually starts with a bank account before being sent to a payment processor and bank accounts are FDIC insured (the FDIC is practically a government body) and there are only so many FDIC insured entities to start from (the government acts as a bottleneck for that by limiting the number of banks they may insure). So the FDIC insured entities have a government granted advantage and if they work together to systematically stop payment to speech they don't like they make it more difficult for certain websites to get donations and to receive payments from advertisers or payments for services they may provide (ie: Soylentnews 'sells' a premium subscription as a service). Or else the platform has to accept crypto or something less secure than payment that originates from an FDIC insured entity. I wouldn't mind a law that says if a bank wants FDIC insurance they must work with payment processors that don't discriminate against websites with speech they don't like and the banks themselves must not discriminate. FDIC insurance is provided for by the government.

              This may also depend on the whole process required to get FDIC insurance and to what extent that may discriminate and to what extent just anyone can open up a bank, get FDIC insurance, and to what extent different employers may be able to easily directly transfer your money to your bank account from whatever random bank you use. Then if you want to buy something from the store it must be considered how easy it is for you to be able to buy something from said bank account (ie: Visa, etc...). This needs to be looked at in a lot more detail by someone that really understand banking and payment processors way more than I do, this is barely scratching the surface (I would probably have to read a lot more on this stuff) but all of this has absolutely nothing to do with section 230. Section 230 needs no tweaking.

              You work, your work sends money to your bank or to something (you obviously want the money in your account to be FDIC insured) and you want to get that money over to some website or platform that you like because you support them. What are the different pathways you have available to do so and how can the payment processors block those pathways. They tend to all work together, if you send money to one payment processor and they are able to send money to the website you like the bank that receives your money from your job that works with the first payment processor (ie: I have a Visa debit card, my bank let's me send money via Zella, I can link it to paypal) may work with the small group of payment processors to prevent money from going to a third party payment processor that may send money to my website.

              Perhaps regulations should be in place to prevent payment processors that benefit from FDIC insurance (either directly or indirectly because they work with banks that benefit from FDIC insurance) from using their network to deter speech they don't like. I actually wouldn't mind that.

              Also what needs to be looked at are webhosts and how they may also work together to block speech they don't like and what can be done to prevent this. Not regulations against a specific platform but maybe regulations that say if someone wants to start a website and they need a webhost and the webhost may wish to determine what sites they host there could be laws that restrict what they can censor? Or at least censorship at the top levels (where the big providers agree that traffic can freely move across their platforms and where smaller hosts have to pay the big providers for Internet access) should be regulated. This can get into net neutrality as well which is something you should support (but some republicans don't support it and then they complain when they get censored).

              Or perhaps the government can compete with the private sector by providing their own neutral web hosting services that everyone has access to that doesn't discriminate against anyone. The government can host anyone's website, blog, or platform with the intended purpose of promoting their free speech. The government can provide a neutral search engine that allows people to search through all the websites/blogs/platforms that they host in addition to listings that people can go through. Everyone can get up to 50 gigabytes free space (or whatever) and if they want more they can purchase it from the government like a utility. I wouldn't mind that. People can either host their website/blog/platform under their own name (that can be searched for) or under a pseudonym (they can have one of each under the same account) and they can choose what information they want public or only available to those that are given a specific link.

          • (Score: 3, Insightful) by slinches on Tuesday January 05 2021, @10:40PM (2 children)

            by slinches (5049) on Tuesday January 05 2021, @10:40PM (#1095282)

            You're trying to pretend that those are public spaces when they are in fact private spaces

            To be fair, Facebook, Twitter and the like are all masquerading as public spaces. So who is at fault for that misunderstanding?

            • (Score: 2) by FatPhil on Thursday January 07 2021, @04:04PM (1 child)

              by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Thursday January 07 2021, @04:04PM (#1096490) Homepage
              A privately owned thing that is provisionally available to the public, on conditions that they waive certain rights, and basically agree to terms that strip them of almost all rights, most certainly is not a public thing.
              --
              Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
              • (Score: 2) by slinches on Thursday January 07 2021, @06:44PM

                by slinches (5049) on Thursday January 07 2021, @06:44PM (#1096577)

                Tell that to Facebook's marketing department.

          • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @09:38PM (1 child)

            by Anonymous Coward on Wednesday January 06 2021, @09:38PM (#1095824)

            So, basically, the republicans calling for a repeal of 230; are actually socialists trying to push through censorship legislation? lol...

            • (Score: 2) by Thexalon on Thursday January 07 2021, @03:22AM

              by Thexalon (636) on Thursday January 07 2021, @03:22AM (#1096172)

              No, they're authoritarians trying to push through what amounts to censorship legislation. Not all authoritarians are socialists, and not all socialists are authoritarians.

              --
              The only thing that stops a bad guy with a compiler is a good guy with a compiler.
        • (Score: 3, Disagree) by c0lo on Tuesday January 05 2021, @11:58PM

          by c0lo (156) Subscriber Badge on Tuesday January 05 2021, @11:58PM (#1095351) Journal

          Those Big 3 social media sites abused 230 to hell and back, by silencing opinions that they disagree with.

          Disagreeing with blatant lies is a feature in my books.

          --
          https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
      • (Score: 2) by pdfernhout on Wednesday January 06 2021, @04:00AM (2 children)

        by pdfernhout (5984) on Wednesday January 06 2021, @04:00AM (#1095456) Homepage

        I like SoylentNews and the related community. That said, to plays Devil's Advocate for a moment, if 230 was repealed, and essentially *every* social media site (including FB, Twitter, the green site, here, etc.) eventually was forced to shutdown (or have draconian paid moderators and be uninteresting and expensive to run), would that really be that bad -- considering it might lead to a resurgence of peer-to-peer email, private chat, telephone use, and so on?

        Yes we lose SN -- but in return FB goes down too eventually. Isn't that a net plus for the world?

        We'd still have stuff like private chat rooms, right? So, if not SN as we know it now, but perhaps we could have here today gone tomorrow (unless you keep a local copy) SN community chat in small groups like IRC used to be?

        Consider all the news articles about how addictive profit-focused social media is destroying society and individuals. Might almost everyone actually be better off if we went back to mostly p2p communications mixed with web-based publications by both individuals and organizations (and with only moderated comments)? Sort of like we used to have in the early days of the web?

        Sometimes a step backward in the right direction can actually be a step forward. See also the novel "Retrotopia": https://becomingsee.com/collapsenowavoidtherush/retrotopia [becomingsee.com]

        Anyway, so I'd at least encourage people here to think about what a post-230 technosphere might look like. Maybe it would be *much* better -- even ignoring almost every family of four in the USA would have $5200 in their pocket they did not have now and that might make the difference between life and death for millions of people near the edge.

        --
        The biggest challenge of the 21st century: the irony of technologies of abundance used by scarcity-minded people.
        • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @04:26AM (1 child)

          by Anonymous Coward on Wednesday January 06 2021, @04:26AM (#1095462)

          There could be a rapid evolution of decentralized discussion systems. But it would be much easier to host social media sites somewhere outside of the US.

    • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @03:51PM (4 children)

      by Anonymous Coward on Tuesday January 05 2021, @03:51PM (#1094985)

      Section 230 is in place to prevent the issues it covers from ever going in front of a judge that might rule on the constitutionality of laws restricting what people can do on the internet (ie. enforcing DMCA). If freedom of speech were allowed on the internet, copyright and "intellectual property" would be over with. Child pornography can be dealt with by putting some pressure on sex tourism countries and breaking up sex trafficking rings, but that's not popular among the ruling classes for some reason...

      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:04PM (3 children)

        by Anonymous Coward on Tuesday January 05 2021, @05:04PM (#1095045)

        ection 230 is in place to prevent the issues it covers from ever going in front of a judge that might rule on the constitutionality of laws restricting what people can do on the internet (ie. enforcing DMCA)

        That's just not true. Section 230 doesn't restrict anyone from suing/pursuing criminal charges. In fact, it says just that in the law.

        CDA Section 230(e) [cornell.edu]:

        (e) Effect on other laws
        (1) No effect on criminal law

        Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
        (2) No effect on intellectual property law

        Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
        (3) State law

        Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.
        (4) No effect on communications privacy law

        Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.
        (5) No effect on sex trafficking lawNothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit—
        (A) any claim in a civil action brought under section 1595 of title 18, if the conduct underlying the claim constitutes a violation of section 1591 of that title;
        (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18; or
        (C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted.

        And so, no. You're wrong about section 230 [techdirt.com].

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:47PM (2 children)

          by Anonymous Coward on Tuesday January 05 2021, @06:47PM (#1095102)

          What does any of that have to do with the Constitution?

          • (Score: 1, Insightful) by Anonymous Coward on Tuesday January 05 2021, @07:29PM (1 child)

            by Anonymous Coward on Tuesday January 05 2021, @07:29PM (#1095138)

            What does any of that have to do with the Constitution?

            Not sure what you're getting at there, friend.

            Section 230 actually *encourages* free speech and strengthens the Constitution (First Amendment) on the Internet.

            If it didn't exist, sites like SoylentNews would never have been able to exist, as the potential liability would prevent anyone from creating such a site if the site owners could be sued for *each and every comment* posted on the site.

            All section 230 does is say that websites, Git repos, mailing lists, etc. can't be sued for what *other* people say, only for what *they* say.

            As such, it *strengthens* First Amendment protections -- which is part of the Constitution -- in case you were confused about that part.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:46PM

              by Anonymous Coward on Tuesday January 05 2021, @10:46PM (#1095295)

              If it didn't exist, sites like SoylentNews would never have been able to exist, as the potential liability would prevent anyone from creating such a site if the site owners could be sued for *each and every comment* posted on the site.

              Indeed. The creators of this site should pray that section 230 is never repealed. I am planning a doozy of a lawsuit if it ever is. Fear me.

    • (Score: 5, Interesting) by Anonymous Coward on Tuesday January 05 2021, @04:08PM (83 children)

      by Anonymous Coward on Tuesday January 05 2021, @04:08PM (#1095003)

      You're all missing the other side of the argument, which the TV show "60 Minutes" covered 2 nights ago. I think the protections for social media companies are good, warranted, and necessary, but there's nothing to stop them from editing, deleting, censoring, banning, anyone and/or anything they feel like.

      And, that would be okay except they're essentially monopoly, and have far too much control over the public's beliefs. Facebork is probably the worst offender.

      Think about it. What do you really know about the world? You know what you read and hear in the news, social media, etc.

      The show properly talked about the truly horrible things people post and fairly obviously need to be censored. Even this quite open site will censor some things.

      So the question is: what should be censored, and by whom, and by what standards?

      The righties are appropriately unhappy because they've seen the social media companies censoring conservatives and being more permissive toward the left.

      I think the solution is to break up the giants, esp. Facebork.

      • (Score: 2, Touché) by Anonymous Coward on Tuesday January 05 2021, @04:18PM

        by Anonymous Coward on Tuesday January 05 2021, @04:18PM (#1095013)

        > censoring conservatives

        The facts are that Republicans (not necessarily conservatives) have built-in advantages in the Senate and have pushed the boundaries of decency with gerrymandering, voter suppression and stripping incoming (D) governors of powers. Now add losing Presidential elections to the list.

        They then cry bloody murder when this gets reported in then news (it's all fake, right?) or social media. Mitch wants conservatives to wield their unearned government powers to suppress news. Tell me it ain't so .

      • (Score: 5, Insightful) by DannyB on Tuesday January 05 2021, @04:18PM (47 children)

        by DannyB (5839) Subscriber Badge on Tuesday January 05 2021, @04:18PM (#1095014) Journal

        If you don't like another platform runs things, then start your own.

        SN is able to exist even though the green site still exists.

        Parler seems to have a base of users, from what I hear.

        That's the beauty of the internet. Unlike physical news papers, or limited broadcast spectrum, anyone can get a server and an IP address and start their own platform.

        --
        To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @04:43PM (10 children)

          by Anonymous Coward on Tuesday January 05 2021, @04:43PM (#1095033)

          The problem is that with larger sites like YouTube and FaceBook there's basically no way of competing to any meaningful extent due to the way they run their businesses. There are alternatives, but without a critical mass of people, few add content there and because people aren't adding content there, it's unlikely that they'll reach the critical mass needed to compete.

          Creating a competitor to Slashdot wasn't really that hard in comparison. All the site operators needed was a source of news articles and the ability to comment on them. With even a handful of people that could build up and let's be honest, Slashdot hasn't been about having a lot of people in ages. You simply just need a few dozen people that are posting comments that people want to read and respond to in order to start growing.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:09PM

            by Anonymous Coward on Tuesday January 05 2021, @05:09PM (#1095050)

            I stopped going to Slashdot when they wouldn't let me post without a bunch of rigamarole. Plus their stories seem to be puff pieces half the time.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:25PM (3 children)

            by Anonymous Coward on Tuesday January 05 2021, @06:25PM (#1095089)

            Then use anti-monopoly powers we already have in place, don't go allowing the dystopian thought-crime that Republicans want to club their opponents with.

            Always projection with Republicans.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:10PM (2 children)

              by Anonymous Coward on Tuesday January 05 2021, @07:10PM (#1095128)

              Liberal = hypocrite

              It's always okay for the libs to do these things, but never when a conservative tries to even the score, or thwart media bias.

              I agree- someone needs to use anti-monopoly powers. And I wish it could work. Gee, what happened when a huge number of states tried to break up Microsoft's monopoly 20+ years ago...

              Something along the lines of complacency, defeatism, "it's too late now"...

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:41PM

                by Anonymous Coward on Tuesday January 05 2021, @08:41PM (#1095184)

                It's always okay for the libs to do these things, but never when a conservative tries to even the score, or thwart media bias.

                Yes, but that is because conservatives are stupid, and attempt to do so rather badly. I bet right now, you want to censor me for stating the truth. But, you cannot, because this is not Parler. See how it works? Your ignorance is not the same thing as media bias. Your deplorable delusions are not the same thing as reality. There is no "score", there is just rationality and reality versus right-wing fantasies of repression and victimhood. So, as I lib, I demand you shut up, and go away, and learn to be properly deferential to those who are more intelligent than you, m'kay?

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @09:29PM

                by Anonymous Coward on Tuesday January 05 2021, @09:29PM (#1095226)

                I agree- someone needs to use anti-monopoly powers. And I wish it could work. Gee, what happened when a huge number of states tried to break up Microsoft's monopoly 20+ years ago...

                George W. Bush won the 2000 election and effectively shut down the anti-trust case against Microsoft started by the Clinton administration at the Federal level.

                But only because GW Bush was *so* much more liberal than Clinton, right?

                Please.

          • (Score: 2) by DannyB on Tuesday January 05 2021, @06:29PM (2 children)

            by DannyB (5839) Subscriber Badge on Tuesday January 05 2021, @06:29PM (#1095092) Journal

            Parler seems to be an alternative to Twitter and Facebook that embraces free speech, as long as it is only right wing speech. This is because, as its website says, it has a higher ethical standard.

            --
            To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:01PM (1 child)

              by Anonymous Coward on Tuesday January 05 2021, @11:01PM (#1095312)

              Parler seems to be an alternative to Twitter and Facebook that embraces free speech, as long as it is only right wing speech. This is because, as its website says, <dripping sarcasm>it has a higher ethical standard.</dripping sarcasm>

              FTFY

              • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @04:30AM

                by Anonymous Coward on Wednesday January 06 2021, @04:30AM (#1095466)

                DannyB doesn't need sarcasm tags, he needs tags.

          • (Score: 1, Insightful) by Anonymous Coward on Tuesday January 05 2021, @10:58PM (1 child)

            by Anonymous Coward on Tuesday January 05 2021, @10:58PM (#1095307)

            The problem is that with larger sites like YouTube and FaceBook there's basically no way of competing to any meaningful extent due to the way they run their businesses. There are alternatives, but without a critical mass of people, few add content there and because people aren't adding content there, it's unlikely that they'll reach the critical mass needed to compete.

            It seems that your complaint is essentially that your views aren't all that popular and that others are not allowing you to use their platform to broadcast them. I got news for you: while the first amendment allows you to say anything you want it doesn't mean that others have to aid you in broadcasting your views. And I would also add that, while you are free to say what you want, the rest of us are under no obligation to listen.

            • (Score: 0, Troll) by Anonymous Coward on Wednesday January 06 2021, @01:42AM

              by Anonymous Coward on Wednesday January 06 2021, @01:42AM (#1095396)

              It seems that your complaint is essentially that your views aren't all that popular and that others are not allowing you to use their platform to broadcast them

              Is this what happened when Twitter suspended the New York Post [thefederalist.com] over the Hunter Biden story? If the problem was Twitter policy on "hacking" why was the recently leaked Trump audio allowed to trend?

              Is it what happened when Zerohedge was suspended [culttture.com] for suggesting SARS-CoV-2 may have leaked from a lab? If this is the problem why are recent stories from other outlets now making the same assertion not being treated similarly? Well they tell us outright... [nymag.com]

              Over the course of the fall, and especially after the election muffled Donald Trump’s influence over the country’s public-health apparatus, that proximity problem — and the uncomfortable questions of origins it raised — began to grow somewhat more discussable. The BBC, Le Monde, and Italy’s RAI have all recently taken seriously the scientific possibility of a lab leak.

              the rest of us are under no obligation to listen.

              We're under no obligation to give unaccountable corporations rights over the public square either. It seems you misunderstand the arguments -- but you're actually deliberately misrepresenting them. Why are you doing that?

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:00PM (6 children)

          by Anonymous Coward on Tuesday January 05 2021, @05:00PM (#1095040)

          No clue what you're trying to say. Long ago the US government, representing We the People, came to realize and understand a thing called "monopoly", and passed "Anti-Trust" laws to quell monopolies. Where monopoly is all but necessary, like "The Bell Telephone Company", electric utilities, etc., the govt. passed strong regulation laws, set up agencies (FCC, FTC, ICC, PUC, for example), to try to keep things in balance. (I don't think it's working very well, but that's another topic regarding govt. laws and agency effectiveness...)

          The whole point of stopping monopolies is that people did try to start their own, and got almost no market share. There's a thing called "herd mentality" where human nature is to look at what other people are doing, and do what they do, regardless of good reasons.

          Why don't you start your own version of Amazon? Or google? Why don't you get lots of great ideas and VC and make it happen? Why doesn't someone, anyone? Because Amazon has huge momentum, advertising $, and like google, has become as common as "Kleenex" or any other societally mainstream thing.

          You're a more independent thinker, like some others here, but sadly most people just follow the tail of the sheep (cow, buffalo, etc.) in front of them.

          Learn about human nature, herd mentality, monopolies, etc., and you'll have a better grasp on life.

          • (Score: 2) by barbara hudson on Tuesday January 05 2021, @05:39PM (5 children)

            by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday January 05 2021, @05:39PM (#1095066) Journal
            It would be a lot easier to compete with Amazon if you could sue Amazon for false advertising for publishing ads for counterfeit products. Repeal 230 and all of a sudden Amazon has to kick the counterfeiters off.

            That alone should be enough reason to repeal 230.

            --
            SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
            • (Score: 1, Insightful) by Anonymous Coward on Tuesday January 05 2021, @06:13PM (3 children)

              by Anonymous Coward on Tuesday January 05 2021, @06:13PM (#1095081)

              It would be a lot easier to compete with Amazon if you could sue Amazon for false advertising for publishing ads for counterfeit products. Repeal 230 and all of a sudden Amazon has to kick the counterfeiters off.

              That alone should be enough reason to repeal 230.

              It is my distinct pleasure (given how much you talk out of your ass) that you are quite wrong about section 230 [techdirt.com].

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:36PM (2 children)

                by Anonymous Coward on Tuesday January 05 2021, @07:36PM (#1095141)

                Your linked article is interesting, but philosophical. Down here on earth, where reality is a thing, the very fact that many people want 230 repealed should be enough for you and others to open your vice-grip minds and look what actually happens, versus ideals of legal philosophy.

                Like I commented elsewhere here, Microsoft should have been broken up long ago by anti-trust (anti-monopoly) laws. Much time, effort, and $ was spent, and it fizzled. IMHO, Microsoft OS had and has become so pervasive and necessary that nobody has the courage to break them up (for fear of disrupting absolutely everything).

                Many of us fear, rightly, that the social media companies, Facebook in particular, have far too much influence on people, and at the very least need to be regulated.

                Mainstream media is somewhat regulated; there's no reason to allow Facebook, et al, to do whatever they feel like doing. Zuck has been called in to testify before congress and congressional committees enough times that it's time to regulate them.

                Just because almost everyone does a thing, or buys a service, doesn't make it good. Monopolies exist because of human herding nature, and governments exist because humans realize we need someone to establish and enforce rules and limits. Right?

                And I have to add a paradoxical observation: the righties should be in favor of 230 because it deregulates big corporations. But interestingly the libs want it in place. Gotta make you think, no?

                • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:47PM (1 child)

                  by Anonymous Coward on Tuesday January 05 2021, @08:47PM (#1095186)

                  Your linked article is interesting, but philosophical. Down here on earth, where reality is a thing, the very fact that many people want 230 repealed should be enough for you and others to open your vice-grip minds and look what actually happens, versus ideals of legal philosophy.

                  If specifically detailing what a law requires or does not require, along with concrete examples of litigation around that law is "philosophical," then call me a philosopher.

                  Because section 230 applies as much to *you*, me, everyone else in the US, SoylentNews and everything else with an IP address within the confines of the United States, as much it does to Facebook or Twitter.

                  And that's not philosophy, either. Section 230 was passed to address rulings in Stratton Oakmont v. Prodigy [wikipedia.org] which would have required that *any* site that does *any* moderation (including moderation like we have here) or removes *any* content, no matter how egregious (say child porn, links to child porn on torrent sites, snuff/torture videos, Goatse and/or gay, midget furry porn on your daughter's homework review site, knitting websites, recipe websites, your open-source git repo, etc., etc., .etc.), that site may then be sued for *any* other third-party content they do not remove.

                  As such, without section 230, pretty much *every site* or individual on the 'net would either need to completely block *all third-party content*, let every place be a complete free-for-all or shut down.

                  In fact, the only folks who have any chance of surviving in a such an environment are the companies with billions in the bank to fight all the lawsuits. That would be Facebook, Twitter, Google, etc. So repealing section 230 would kill off most of the free speech on the 'net, except for the very platforms you're bitching about.

                  As such, that you want Section 230 repealed means that you're either anti free speech or don't understand section 230.

                  As I'm an optimist, I'll assume it's the latter. If it is, I suggest you read the law [cornell.edu], especially section (c)(1).

                  • (Score: -1, Offtopic) by Anonymous Coward on Wednesday January 06 2021, @01:25AM

                    by Anonymous Coward on Wednesday January 06 2021, @01:25AM (#1095389)

                    "The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread."

                    ― Anatole France

            • (Score: 0, Flamebait) by Anonymous Coward on Tuesday January 05 2021, @06:27PM

              by Anonymous Coward on Tuesday January 05 2021, @06:27PM (#1095090)

              Anti-open source shill Barbara Hudson agrees with repealing 230? My how DO you find the time and energy to shill it up with those non-functioning eyes that ony have a tiny bit of endurance each day? Shouldn't you conserve your eyeball time for your real work? Thankfully even shills like you sometimes have actual contributions to make, and your narratives are often debunked which is just so fun to see!

        • (Score: 1, Informative) by Anonymous Coward on Tuesday January 05 2021, @06:59PM (11 children)

          by Anonymous Coward on Tuesday January 05 2021, @06:59PM (#1095117)

          If you don't like another platform runs things, then start your own.

          And then like Gab and others, Visa and Mastercard will yank your ability to take payments. Oh, you're scraping by on bitcoin and cash via a P.O. box? Then your hosting will suddenly cancel your account. Manage to find another host? That one will be cancelled too. Set up your own host? You don't have that much money most likely, and even if you pull that one off, oops all those peering sources will bail on you and even the tier 1 networks won't do business with you.

          This goes far beyond deleted posts and shadowbanned tweets. It's the leveraging of the entire business system to deny dissenters any method (above putting fliers under windshield wipers in a parking lot) of getting out their point of view.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:10PM (3 children)

            by Anonymous Coward on Tuesday January 05 2021, @07:10PM (#1095127)

            That's the playbook.

            Don't like it? Start your own platform!
            Don't like it? Start your own web host!
            Don't like it? Start your own payment processor!
            Don't like it? Start your own country!
            Don't like it? Just die!

            The amount of people forced to go down this trail will only increase in the coming decades.

            • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:27AM (2 children)

              by Anonymous Coward on Thursday January 07 2021, @12:27AM (#1096023)

              "Don't like it? Start your own payment processor!"

              What I don't like is the fact that banks and, by extension, the payment processors they work with or the payment processing services they provide benefit from FDIC insurance. The FDIC is a government entity.

              Laws should be passed that require that if a Bank wants to be FDIC insured (and what bank wouldn't want to be) the payment processing services they provide or the payment processors they work with must be speech neutral. If the banks and payment processors want to argue free market capitalism then that's fine, they don't need the government giving them FDIC insurance. They can just provide their services without FDIC insurance (good luck getting customers then but there are such things as corporate backed and insured assets and bonds but they're more risky).

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:33AM

                by Anonymous Coward on Thursday January 07 2021, @12:33AM (#1096031)

                When the banks and any payment processors that work with the banks block payment to speech they don't like they are essentially using the weight of a government body, the FDIC, to block speech they don't like. It's the FDIC that insures their assets and gives consumers the confidence they need to use their services and put their money in the bank.

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:35AM

                by Anonymous Coward on Thursday January 07 2021, @12:35AM (#1096033)

                If the banks and payment processors want to argue free market capitalism then that's fine, they don't need the government giving them FDIC insurance. Free market capitalism all the way down and not just when it's convenient to them.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:52PM (5 children)

            by Anonymous Coward on Tuesday January 05 2021, @08:52PM (#1095190)

            And then like Gab and others, Visa and Mastercard will yank your ability to take payments. Oh, you're scraping by on bitcoin and cash via a P.O. box? Then your hosting will suddenly cancel your account. Manage to find another host? That one will be cancelled too. Set up your own host? You don't have that much money most likely, and even if you pull that one off, oops all those peering sources will bail on you and even the tier 1 networks won't do business with you.

            Oh, I see. It's your view that private organizations of which you are not the owner are *required* to provide you with the tools to make money?

            Please, do tell what law or constitutional amendment *requires* this?

            Take your time. I'll wait.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @09:47PM (1 child)

              by Anonymous Coward on Tuesday January 05 2021, @09:47PM (#1095239)

              Is it your view that private bakeries of which you are not the owner are required to bake you a cake?

              It is not a problem for any individual company to decline to provide service to someone. When every company in that industry declines to provide service to someone, that is illegal collusion in restraint of trade. Of course, we'd have to have an operating non-corrupt court system for that to matter a tinker's damn; too bad we're fresh out of that, too.

              To resolve disputes requires communications. Shutting down all but the most minor of methods of communications means disputes can't be resolved. Historically speaking, when the communication stops, the killing starts.

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:02PM

                by Anonymous Coward on Tuesday January 05 2021, @11:02PM (#1095313)

                Is it your view that private bakeries of which you are not the owner are required to bake you a cake?

                Nope.

                Where did I say it was?

                I merely pointed out that private organizations exist and that they have wide latitude in who they associate themselves with. That's part of the First Amendment here in the US, in case you were confused about that.

                When every company in that industry declines to provide service to someone, that is illegal collusion in restraint of trade

                I'm not entirely sure what you mean by that. To which industry are you referring?

                If there is some sort of anti-competitive activity going on, there are multiple avenues that are available, including civil actions and, if you can convince an appropriate LEA/Attorney General/regulatory agency, criminal actions as well.

                These aren't arcane, shadowy or unprecedented activities either. In fact, they're part of the normal legal and commercial fabric of the US and most of the rest of the world.

                Not sure why you're confused about that. Nor am I entirely clear whose constitutional or legal rights you believe have been infringed. Would you mind sharing?

            • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:42AM (2 children)

              by Anonymous Coward on Thursday January 07 2021, @12:42AM (#1096040)

              "It's your view that private organizations of which you are not the owner are *required* to provide you with the tools to make money?"

              I think organizations that directly or indirectly benefit from the government should be speech neutral. Banks benefit from FDIC insurance. So if they want that FDIC insurance they need to ensure that any payment processing services they provide or any payment processors they work with are speech neutral. If they want to argue free market capitalism then that's fine, free market capitalism all the way down. No FDIC insurance for them. They don't get to throw the weight of the FDIC, a government body, around to control speech they don't like. The government is supposed to be speech neutral.

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:44AM

                by Anonymous Coward on Thursday January 07 2021, @12:44AM (#1096043)

                The government is supposed to be speech neutral. The government shouldn't provide services, like FDIC insurance, to entities that directly or indirectly abuse those services to suppress speech they don't like.

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @09:37AM

                by Anonymous Coward on Thursday January 07 2021, @09:37AM (#1096384)

                I think organizations that directly or indirectly benefit from the government should be speech neutral. Banks benefit from FDIC insurance. So if they want that FDIC insurance they need to ensure that any payment processing services they provide or any payment processors they work with are speech neutral. If they want to argue free market capitalism then that's fine, free market capitalism all the way down. No FDIC insurance for them. They don't get to throw the weight of the FDIC, a government body, around to control speech they don't like. The government is supposed to be speech neutral.

                Well, get right on it, then. I'm sure you'll have lots of support from your congressperson/senators.

                Good luck, friend.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:33PM

            by Anonymous Coward on Tuesday January 05 2021, @11:33PM (#1095337)

            And not at all obligatory:
            https://xkcd.com/1357/ [xkcd.com]

        • (Score: 2, Insightful) by fustakrakich on Tuesday January 05 2021, @07:05PM (6 children)

          by fustakrakich (6150) on Tuesday January 05 2021, @07:05PM (#1095122) Journal

          anyone can get a server and an IP address and start their own platform.

          Unfortunately we allow the ISPs to regulate that activity on our connections. We have to demand they supply a dumb pipe so that we can compete

          --
          La politica e i criminali sono la stessa cosa..
          • (Score: 2) by DannyB on Tuesday January 05 2021, @08:19PM (1 child)

            by DannyB (5839) Subscriber Badge on Tuesday January 05 2021, @08:19PM (#1095169) Journal

            Places like Linode or Digital Ocean offer small servers for as little as $5 / month. Bigger ones for $10 or $15. These are not at your residence or office, and not on your ISP.

            --
            To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
            • (Score: 1) by fustakrakich on Tuesday January 05 2021, @09:28PM

              by fustakrakich (6150) on Tuesday January 05 2021, @09:28PM (#1095225) Journal

              Yes, but you have to rent a service that is easily controlled and taken down. They won't fight your fights for you. The service provider is our biggest obstacle. If we can't get the dumb pipe, then we need a way to "tap the line" with mobile scud servers.

              --
              La politica e i criminali sono la stessa cosa..
          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:56PM (3 children)

            by Anonymous Coward on Tuesday January 05 2021, @08:56PM (#1095196)

            We have to demand they supply a dumb pipe so that we can compete

            You mean like was required by the FCC in 2015 and then summarily rolled back before implementation, after certain folks took control of the FCC?

            If you're serious about what you said, and live in Georgia, you better have voted today. Because there's only one set of folks (the folks who *actually* did it) that will make that happen.

            But that doesn't fit your childish narrative, so I'm sure we'll have some lame attempt at false equivalence. Grow up, sonny.

            • (Score: 1, Troll) by fustakrakich on Tuesday January 05 2021, @09:32PM (2 children)

              by fustakrakich (6150) on Tuesday January 05 2021, @09:32PM (#1095229) Journal

              I fart in your general direction... Screw the FCC. Congress is suppose to write legislation for things like this to make it more difficult to reverse. Congress had that chance between 2009 and 2011, but obviously they had no intention of actually doing anything. So, save your breath about who had control of what.

              --
              La politica e i criminali sono la stessa cosa..
              • (Score: 1, Funny) by Anonymous Coward on Tuesday January 05 2021, @10:40PM (1 child)

                by Anonymous Coward on Tuesday January 05 2021, @10:40PM (#1095283)

                ahahhaahahahahahahahhaha

                wow, fusty's rightwing feelings laid bare

                bbbbbut whatabout TEH DEMS!

                always some excuse with you to never address the GOP's corruption and blame the DNC

                and no i ain't no democrat so i don't wanna hear that old whingey "muh democrat downmods" excsue either

                go fuck yourself you steaming pile of garbage

                • (Score: 1, Touché) by Anonymous Coward on Tuesday January 05 2021, @11:16PM

                  by Anonymous Coward on Tuesday January 05 2021, @11:16PM (#1095324)

                  :-) If you think the DNC is better than or even different from the GOP, then obviously you are a democrat, full of partisan poop like all the rest. They are one, a cooperative, a coalition. Now, it's not my fault that you take professional wrestling seriously. I can only advise you to stop, and look at yourself.

                  thankyouverymuch

        • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @05:34AM (9 children)

          by Anonymous Coward on Wednesday January 06 2021, @05:34AM (#1095496)

          If you don't like another platform runs things, then start your own.

          Pakistan and China took over the SWIFT banking system while Saudi Arabia, Qatar, and Russia run the UN's counterterrorism office. If you try to start another platform, you lose access to payment processing and your upstream gets a nastygram that you are hosting illegal content and which comes from an office that has the authority to shut them down. If you have a way to survive that, they will destroy your business with negative press. Just look at what happened to 8chan, #Gamergate, and Milo Yiannopoulos, and what the same people have been doing to Donald Trump for four years.

          • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:59AM (8 children)

            by Anonymous Coward on Thursday January 07 2021, @12:59AM (#1096055)

            "If you try to start another platform, you lose access to payment processing"

            The government is supposed to be speech neutral. It provides banks with FDIC insurance. The banks benefit from this insurance and use it to provide us with banking and payment processing services. So those banking and payment processing services should be speech neutral.

            Any bank that benefits from FDIC insurance should be required, by law, to ensure that all payment processing services they provide and all payment processors they work with are speech neutral. If they don't like it and they want to argue free market capitalism then that's fine. They are free to forego their FDIC insurance. Free market capitalism all the way down.

            By providing banks with FDIC insurance and allowing those banks the ability to directly or indirectly cut funds to speech they don't like the government is not being speech neutral. The government is supposed to be speech neutral.

            • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @09:46AM (7 children)

              by Anonymous Coward on Thursday January 07 2021, @09:46AM (#1096386)

              The banks benefit from this insurance and use it to provide us with banking and payment processing services.

              Actually, payment processing services are generally provided by Visa, Mastercard, American Express, Discover, etc. None of those are owned by the banks, they're separate entities.

              Visa and Mastercard *used* to be owned by member banks, but Visa IPO'd in 2008 and Mastercard in 2006, so they're not banks, don't take deposits and don't need or want FDIC.

              So...you're really just broadcasting your ignorance rather than making any sort of reasonable argument.

              What's more, the First Amendment (yes, that old chestnut) says, among other things:
              "Congress shall make no law abridging...freedom of speech..."

              As such, any law that required anything approaching what you're talking about would violate the First Amendment and would be unconstitutional.

              It's too bad that Trump's black shirts storming the capitol didn't make him president for life like it was supposed to. He's no friend to the First Amendment, so after he put all the demorats and RINOs up against the wall, you'd be good to go.

              More's the pity, eh?

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:06PM (4 children)

                by Anonymous Coward on Thursday January 07 2021, @12:06PM (#1096415)

                I know that Visa is separate from the banks. They are traded separately as well, I've followed Wells Fago, Bank of America, and Visa stocks so I know.

                That misses the point. Let's say I have a Well Fargo bank account, for instance. The debit card that my bank gives me could be a Visa debit card. So if I want to contribute to Soylentnews the money must still originate from my FDIC insured bank. So the whole process is still benefiting from the fact that my bank is FDIC insured.

                If my bank wants FDIC insurance any payment processing services they provide or any payment processors they work with anywhere down the chain (such as Paypal, VISA, etc...) should be REQUIRED to be speech neutral. Or else my bank loses its government provided FDIC insurance. That's the way it should be.

                If the banks want free market capitalism then fine, they lose their FDIC insurance.

                • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:15PM (3 children)

                  by Anonymous Coward on Thursday January 07 2021, @12:15PM (#1096417)

                  How many levels of indirection would that cover? Please.

                  The First Amendment. Full stop [xkcd.com]. Go read it. If you still don't get it, write your congressperson and see how far you get.

                  • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:23PM

                    by Anonymous Coward on Thursday January 07 2021, @12:23PM (#1096421)

                    "How many levels of indirection would that cover? Please."

                    Anyone between me and Soylentnews for instance. My money starts at my FDIC insured bank account. I want to send it to Soylentnews. Anyone down the chain that prevents it from getting there.

                  • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:25PM (1 child)

                    by Anonymous Coward on Thursday January 07 2021, @12:25PM (#1096422)

                    "The First Amendment. Full stop [xkcd.com]. Go read it. If you still don't get it, write your congressperson and see how far you get."

                    Agreed one hundred percent. FDIC insurance is a government provided service. Government provided services should have FREE SPEECH strings attached so that private entities can't use the weight of the government to regulate speech. If a bank doesn't like it then it can simply forego its FDIC insurance.

                    • (Score: 0) by Anonymous Coward on Friday January 08 2021, @06:43AM

                      by Anonymous Coward on Friday January 08 2021, @06:43AM (#1096915)

                      Agreed one hundred percent. FDIC insurance is a government provided service. Government provided services should have FREE SPEECH strings attached so that private entities can't use the weight of the government to regulate speech. If a bank doesn't like it then it can simply forego its FDIC insurance.

                      Are you being *deliberately* obtuse?

                      The First Amendment *specifically* forbids the government from doing this.

                      Because a law that says "you must allow all speech" abridges the First Amendment free speech rights of those affected by such a law.

                      Free speech means not only that I can say what I want without government interference, it also means that I or anyone else can't be forced to repeat, host or support any particular speech by the government.

                      As such, what you're suggesting is a clear violation of the First Amendment.

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @12:18PM (1 child)

                by Anonymous Coward on Thursday January 07 2021, @12:18PM (#1096418)

                "So...you're really just broadcasting your ignorance rather than making any sort of reasonable argument."

                No, you're really just broadcasting your inability to read. I also said

                "Any bank that benefits from FDIC insurance should be required, by law, to ensure that all payment processing services they provide and all payment processors they work with are speech neutral."

                The key phrase here is any payment processors they work with. You can't read.

                "As such, any law that required anything approaching what you're talking about would violate the First Amendment and would be unconstitutional."

                Absolutely not. It's the exact opposite. The government shouldn't require payment processing to be speech neutral if the banks don't want FDIC insurance. The government should only require it if the banks want FDIC insurance because the use of government services should be speech neutral. To give the banks FDIC insurance and to allow them to regulate speech or to work with payment processors that regulate speech essentially gives these banks and payment processing services the green light to throw the weight of the government around to regulate speech.

                Think publicly funded research. Publicly funded research should be publicly and freely available. The fruits of such research should be publicly and freely available. No drugs developed with public funding should be patented. No research conducted with public funding should be under copy'rights'. It should be public domain. If you want government money there should be strings attached.

                Likewise if you want government services like FDIC insurance for your private business then there should be strings attached (ie: speech neutrality). You don't get to throw the weight of the government around to regulate speech and use the services they provide you with to regulate speech.

                It's the same with broadcasting monopolies. When the FCC provides broadcasting monopolies to private entities and those entities use/abuse those monopolies to regulate speech on broadcasting spectra (and they do) that should be unconstitutional. Broadcasting monopolies originate from the government.

                Likewise FDIC insurance originates from the government. You don't get to throw the weight of the government around to regulate speech.

                • (Score: 0) by Anonymous Coward on Friday January 08 2021, @06:51AM

                  by Anonymous Coward on Friday January 08 2021, @06:51AM (#1096917)

                  "Any bank that benefits from FDIC insurance should be required, by law, to ensure that all payment processing services they provide and all payment processors they work with are speech neutral."

                  And the government is forbidden by the First Amendment [wikipedia.org] to do what you are suggesting:

                  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.. [emphasis added]

                  The government may not make *any* law that prescribes what speech a person or private entity *must* support, host, allow or expend resources on, just as it may not make any law that prescribes what speech a person or private entity must *not* support, host, allow or expend resources on.

                  There are exceptions [wikipedia.org] to those prohibitions, but your example is not among them.

                  As such, should Congress enact a law such as you're suggesting, it would be struck down (not that such a law would ever be passed) because it's a clear violation of the First Amendment.

                  Ignorance is not a good look, friend.

      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @04:28PM (5 children)

        by Anonymous Coward on Tuesday January 05 2021, @04:28PM (#1095022)

        The law doesn't just protect media companies. And just because you are too lazy to put up a proper site and use facebook instead doesn't make them a monopoly. I've never used facebook. Ever. Because I saw what they were when they first started up. Any economic power they have over you is power that YOU have conceded to them. Stop conflating your life, with other peoples.

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @04:42PM (4 children)

          by Anonymous Coward on Tuesday January 05 2021, @04:42PM (#1095031)

          Hey Moron, not sure what you're on about, other than to make yourself look stupid. Just because I'm able to think and communicate from a variety of standpoints doesn't mean I hold those opinions. You wrote: "Stop conflating your life, with other peoples." and you have NO idea what my life is or who I am. In fact, I have NO social media accounts and never have. I'm able to watch the fray from up on a hilltop and see the masses being manipulated, mostly by Facebook. Go watch the 60 Minutes segment and learn something, mr. ff39 moron.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:05PM (3 children)

            by Anonymous Coward on Tuesday January 05 2021, @07:05PM (#1095123)

            and you have NO idea what my life is or who I am.

            Not the AC you replied to, but you're absolutely correct. I have no idea about you. And as I don't care who you are or what your life is, let's keep it that way, okay?

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:46PM (2 children)

              by Anonymous Coward on Tuesday January 05 2021, @07:46PM (#1095145)

              Oh, I get it, it's okay for you to post whatever you want, but I have to somehow anticipate what you want, then conform to your rules? Fuck you.

              Read previous AC's comment that I responded to. He characterized me as being a slave to Facebook.

              "Any economic power they have over you is power that YOU have conceded to them. Stop conflating your life, with other peoples.".

              Try to read in context, okay? Or not your thing I suppose.

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:18PM

                by Anonymous Coward on Tuesday January 05 2021, @08:18PM (#1095168)

                You ref 60 minutes. That is really all that needs to be said about you nutter.

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @09:04PM

                by Anonymous Coward on Tuesday January 05 2021, @09:04PM (#1095204)

                Oh, I get it, it's okay for you to post whatever you want, but I have to somehow anticipate what you want, then conform to your rules? Fuck you.

                This *is* the same AC you replied with the above to.

                No. You don't have to anticipate anything. Post whatever you want. Or don't. That has nothing to do with me.

                You don't *have* to conform to anything. At least not as far as I'm concerned.

                Nor do I care. Which was *my* point. I don't know you. I'm not interested in you or your life. I don't care to get to know you either.

                Which is what I said. And it's a really long way to go from "I don't know or care who you are or what you say or think" to "I insist that you conform to my rules." In fact, they don't intersect *at all*.

                You seem to have a big problem with reading comprehension. Not that I care. Nor do I request, insist or otherwise make *any* demand upon you.

                Although I will observe that you appear to be both dumb *and* nasty. A wonderful combination! You go, girlfriend!

      • (Score: 4, Touché) by DeathMonkey on Tuesday January 05 2021, @05:00PM (18 children)

        by DeathMonkey (1380) on Tuesday January 05 2021, @05:00PM (#1095042) Journal

        Which one is the monopoly?

        Facebook
        Twitter
        WeChat
        TikTok
        Tumblr
        Reddit
        SlashDot
        Soylent News
        4chan
        Stormfront
        Parler
        Building your own damn website

        Seems to me like there is plenty of opportunity and competition in the post-shit-on-the-internet space

        • (Score: 0, Informative) by Anonymous Coward on Tuesday January 05 2021, @05:03PM (8 children)

          by Anonymous Coward on Tuesday January 05 2021, @05:03PM (#1095044)

          You conveniently forgot the metrics. They tell the story. Nobody is talking absolutes here, and your examples are borderline whataboutism.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:31PM (6 children)

            by Anonymous Coward on Tuesday January 05 2021, @06:31PM (#1095095)

            So? Last I heard users are allowed to choose what platform they want to use. If Twitter, Youtube and Facebook are somehow undermining their competition with monopolisitic practices then your shitty narrative would have more substance.

            • (Score: 2) by DeathMonkey on Tuesday January 05 2021, @07:16PM (3 children)

              by DeathMonkey (1380) on Tuesday January 05 2021, @07:16PM (#1095133) Journal

              Last I heard users are allowed to choose what platform they want to use.

              For these folks it doesn't count as freedom of speech unless they can force people to listen.

              • (Score: 2) by Pino P on Wednesday January 06 2021, @01:42AM (2 children)

                by Pino P (4721) on Wednesday January 06 2021, @01:42AM (#1095395) Journal

                Say I post a video to my own website. What's the expected way to inform other people that my video exists?

                • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @05:33AM

                  by Anonymous Coward on Wednesday January 06 2021, @05:33AM (#1095495)

                  RSS feeds, word of mouth, advertising, SEO. How much is it worth it to you for other people to know?

                • (Score: 0) by Anonymous Coward on Friday January 08 2021, @06:57AM

                  by Anonymous Coward on Friday January 08 2021, @06:57AM (#1096918)

                  Say I post a video to my own website. What's the expected way to inform other people that my video exists?

                  Good question. I'm sure there are even some answers.

                  But why should that be the my problem? Or the government's? Or some corporation's?

                  You seem to be under the misapprehension that other people *owe* you something.

                  If some corporation (Google/YouTube, for example) doesn't want to host your video, why do you think you have the right to *force* them to do so?

                  Centralization *is* a problem, but forcing others to host your content isn't the solution.

                  Creating decentralized platforms is the solution.

            • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:49PM (1 child)

              by Anonymous Coward on Tuesday January 05 2021, @07:49PM (#1095148)

              In your hyper-omniscient astral plane that would be correct.

              "Shitty narrative"? So you're okay with most people using google, using the word "google" as a common verb, and not having a clue that there are alternatives?

              Monopoly is not NECESSARILY defined by intentional anti-competitive practices, Einstein.

              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:58PM

                by Anonymous Coward on Tuesday January 05 2021, @07:58PM (#1095156)

                Ok smooth-brain, doesn't change the fact that we already have anti-monopoly laws. Repealing 230 would have not curb the "monopolies" in any way.

                It is indeed a shitty narrative undermined by all the clamoring rightwing morons did about the baker not having to bake a gay cake.

                Anyway, it is becoming clear that this whinging about monopolies and censorship is just a bunch of bullshit and the real goal is getting 230 repealed so the fascists can gain more control over the flow of information. Exactly the opposite of what you claim. Burn in hell you shitty person.

          • (Score: 2) by FatPhil on Thursday January 07 2021, @04:14PM

            by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Thursday January 07 2021, @04:14PM (#1096497) Homepage
            Nonsense. Whataboutism would be directing the attention away from the field of online communication, *where there is plenty of choice* (so not no monopoly), and onto something else. E.g. onto OSes: "So what, all PCs come loaded with Windows and only windows", or "So what, all phones are running Android".

            A list of competing services is *exactly* the counter-argument to a claim of a monopoly.
            --
            Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
        • (Score: 1, Touché) by Anonymous Coward on Tuesday January 05 2021, @05:10PM (1 child)

          by Anonymous Coward on Tuesday January 05 2021, @05:10PM (#1095052)

          Are the top 2 (probably more) owned by the same company?

          • (Score: 2) by DeathMonkey on Tuesday January 05 2021, @07:14PM

            by DeathMonkey (1380) on Tuesday January 05 2021, @07:14PM (#1095130) Journal

            Are the top 2 (probably more) owned by the same company?

            No.

            And I specifically excluded the ones I was aware of being owned by a company already in the list (e.g. Instagram, Whats App who are owned by Facebook)

        • (Score: 1) by fustakrakich on Tuesday January 05 2021, @07:08PM (4 children)

          by fustakrakich (6150) on Tuesday January 05 2021, @07:08PM (#1095124) Journal

          There is no monopoly in content. The real problem is service. We permit too many restrictions and too little competition

          --
          La politica e i criminali sono la stessa cosa..
          • (Score: 1, Funny) by Anonymous Coward on Tuesday January 05 2021, @08:05PM (3 children)

            by Anonymous Coward on Tuesday January 05 2021, @08:05PM (#1095160)

            Ah there is the real fusty. Libertarian (small r) that takes ideological purity to a stupidly new level.

            Permit restrictions? Explain how a service should not be allowed to enact rules? Do you agree with the spam and karma moderation here on SN? Should a kid-friendy service NOT be allowed to censor curse words?

            Too little competition? Is someone stopping Parler from existing? Did Voat [voat.co] shut down due to the monopoly powers of Reddit, Facebook, and Twitter? Did the government somehow ruin their business model? Did their hosting provider refuse service based on their shitty user base? Are you being prohibited from running your own site? Please explain, how are "we" permitting too little competition (how does that phrasing even make sense?)

            Might want to get your water tested.

            • (Score: 1) by fustakrakich on Tuesday January 05 2021, @09:40PM (2 children)

              by fustakrakich (6150) on Tuesday January 05 2021, @09:40PM (#1095236) Journal

              You're just talking your usual partisan gibberish. As already stated, we should demand a dumb pipe from the service providers, by law if need be, so that we can compete. You have no business meddling with content provision.

              --
              La politica e i criminali sono la stessa cosa..
              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:30PM (1 child)

                by Anonymous Coward on Tuesday January 05 2021, @10:30PM (#1095272)

                You HAVE dumb pipes you moron! What you are asking for is "dumb service" because you're a lazy bum that demands others do the heavy lifting for you. Running a website in 2021 is not difficult you babboon.

                • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:02PM

                  by Anonymous Coward on Tuesday January 05 2021, @11:02PM (#1095315)

                  Heh, learn to read, then make your entrance. Ad libbing is not your forte

        • (Score: 2, Interesting) by Common Joe on Wednesday January 06 2021, @09:37AM (1 child)

          by Common Joe (33) <common.joe.0101NO@SPAMgmail.com> on Wednesday January 06 2021, @09:37AM (#1095554) Journal

          Many of these entities in your list are monopolies by my definition.

          The term "monopoly" currently has several definitions because the term is evolving. Many people (like me) use it to mean that more than one monopolistic entity can exist in the same arena because there is no other word to use.

          However, I think a very strong case can be made to define any company with 50% or more of a certain population using its services as a monopoly. I would argue it could get much lower in some circumstances -- down in the 10% - 20% range because the goal is to encourage competition between many companies, not just 2 or 3.

          For instance, by my definition Facebook would be a monopoly because they reach more than 50% of the U.S. population. (Source: 190 Million Facebook users [statista.com] in the U.S.).

          Twitter? Only 20%. (Source one in five [omnicoreagency.com].) In my opinion, 20% is a huge number. I would really like to see that percentage come down.

          Additionally, a company can have a city-wide monopoly, but not a state or national monopoly. Demographics also need to be taken into account.

          • (Score: 2) by FatPhil on Thursday January 07 2021, @04:32PM

            by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Thursday January 07 2021, @04:32PM (#1096511) Homepage
            > Many people (like me) use it to mean that more than one monopolistic entity can exist in the same arena because there is no other word to use.

            Duopoly, oligopoly, cartel?

            But in all these cases none of the members of the group are monopolistic, by definition, the group is monopolistic, and the word to describe the group tells you how it's composed. So what you've said is *definitionally* nonsense.
            --
            Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:46PM (3 children)

        by Anonymous Coward on Tuesday January 05 2021, @05:46PM (#1095070)

        You're all missing the other side of the argument, which the TV show "60 Minutes" covered 2 nights ago. I think the protections for social media companies are good, warranted, and necessary, but there's nothing to stop them from editing, deleting, censoring, banning, anyone and/or anything they feel like.

        The Sixty Minutes Piece is Wrong Too [techdirt.com]:

        I have a browser open with about a dozen different bad and wrong takes on Section 230 that one day I may write about, but on Sunday night, 60 Minutes jumped to the head of the line with an utterly ridiculous moral panic filled with false information on Section 230. The only saving grace of the program was that at least they spoke with Jeff Kosseff, author of the book on Section 230 (which is an excellent read). However, you can tell from the way they used Jeff that someone in the editorial meeting decided "huh, we should probably find someone to be the "other" side of this debate, so we can pretend we're even-handed" and then sprinkled in Jeff to explain the basics of the law (which they would then ignore in the rest of the report).

          It's almost difficult to describe just how bad the 60 Minutes segment is. It is, quite simply, blatant disinformation. I guess somewhat ironically, much of the attack on 230 talks about how that law is responsible for disinformation. Which is not true. Other than, perhaps, this very report that is itself pure disinformation.

        What's most astounding about the piece is that almost everything it discusses has nothing to do with Section 230. As with so many 230 stories, 60 Minutes producers actually seem upset about the 1st Amendment and various failures by law enforcement. And somehow... that's the fault of Section 230. It's somewhat insane to see a news organization like 60 Minutes basically go on an all-out assault on the 1st Amendment.

        The central stories in the piece involve people who (tragically!) have been harassed online. One case involves a woman that was falsely blamed by some nutjob conspiracy theorists of having brought COVID-19 to the United States. Because of that, she and her family received death threats, which is absolutely terrible, but has nothing to do with Section 230. 60 Minutes points out that law enforcement didn't care and said that the death threats weren't enough of a crime. But... uh... then shouldn't 60 Minutes be focused on the failures of law enforcement to deal with threats (which actually can be a crime if they fall into the category of "true threats")? Instead, somehow this is Section 230's fault? How?

        And it gets worse. 60 Minutes trots out the bogeyman of "anonymous internet trolls," even though this comes right after 60 Minutes shows that the nutjob conspiracy theorist who started this has a name and is well known (as a nutjob conspiracy theorist). The whole setup here is bizarre. The death threats are awful, and if they are criminal, then the problem is with the police and the FBI who the show says did nothing. If they're not criminal, then they're not breaking the law. So, the reason there's "no one to sue" is not because of Section 230, but because no laws were broken. But that's not how 60 Minutes' Scott Pelley frames it.

        Right about now you might be thinking, they should sue. But that's the problem. They can't file hundreds of lawsuits against internet trolls hiding behind aliases. And they can't sue the internet platforms because of that law known as Section 230 of the Communications Decency Act of 1996. Written before Facebook or Google were invented, Section 230 says, in just 26 words, that internet platforms are not liable for what their users post.

        Over and over again, the report blames Section 230 for all of this. Incredibly, at the end of the report, they admit that the video from that nutjob conspiracy theorist was taken down from YouTube after people complained about it. In other words Section 230 did exactly what it was supposed to do in enabling YouTube to pull down videos like that. But, of course, unless you watch the entire 60 Minutes segment, you'll miss that, and still think that 230 is somehow to blame.

        Read the rest of the article too. It's quite informative. And so yes, Sixty Minutes is *also* wrong about section 230 [techdirt.com].

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @07:56PM (2 children)

          by Anonymous Coward on Tuesday January 05 2021, @07:56PM (#1095154)

          Again, your techdirt article is written from the stance that 230 is absolutely universally correct, and then goes on to argue why objections to 230 are invalid.

          230 protects the social media companies from modifying what you post. How would you feel if SN did that to you? They have the right to. They could simply delete posts that don't conform to their political ideals. Think about it, and on the scale of Facebook. Do you even KNOW how big Facebook is? 2.7 BILLION users. That's almost 10 times the size of the US. Think about it, if you can wrap your tiny brain around that kind of power.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @09:16PM

            by Anonymous Coward on Tuesday January 05 2021, @09:16PM (#1095216)

            230 protects the social media companies from modifying what you post.

            That's wrong. It does no such thing. You keep spouting off with no apparent knowledge of the subject. Read the fucking law [cornell.edu].

            How would you feel if SN did that to you? They have the right to. They could simply delete posts that don't conform to their political ideals.

            Yes, they do. They are a private entity and can do whatever they want. That's true for most private entities -- including you. And be glad it's that way too. Because if it wasn't, I could come over to your street and project Goatse on your house while blaring Justin Bieber 24/7/365 and you'd have to let me.

            But we have this thing called *private property*. Maybe you've heard about it?

            If SoylentNews was censoring folks (which they are entirely within their rights to do), I would leave. But section 230 has *nothing* to do with any of that.

            It just means that NCommander can't be sued for what *I* say on SoylentNews. You can still sue me if you want, but not NCommander. That example covers the sharp end of section 230. That's it. All of it. Full stop.

            You are wrong about section 230. It is not what you think it is. And the more you spout off, the more of a moron you reveal yourself to be.

            Perhaps you might take this unsolicited advice: "'tis better to remain silent and be thought a fool, than to speak and remove all doubt."

          • (Score: 0) by Anonymous Coward on Friday January 08 2021, @07:29AM

            by Anonymous Coward on Friday January 08 2021, @07:29AM (#1096919)

            Again, your techdirt article is written from the stance that 230 is absolutely universally correct, and then goes on to argue why objections to 230 are invalid.

            It does no such thing. Rather, it points out that the 60 Minutes piece calls out a bunch of bad behavior that has nothing to do with section 230 and then blames section 230 for it.

            Are you trolling or are you just really that bad with reading comprehension?

      • (Score: 2) by helel on Tuesday January 05 2021, @07:47PM

        by helel (2949) on Tuesday January 05 2021, @07:47PM (#1095146)

        If "social media companies are moderating too much" is the problem repealing 230 is not that answer. All 230 says is that you can't be sued for something somebody else said. Making every AC who quotes a comment in their replay libel for any part of that quote doesn't stop censorship. If anything it increases the risk of censorship as motivated parties can file huge numbers of SLAPP suits against anyone who retweets a comment they don't like. It'll be the same as the RIAA lawsuits again, average people losing their houses because they simply can't afford to fight corporate law firms.

        If "social media companies are moderating too much" is really the problem then what we need is new legislation along the lines of insuring freedom of speech in digital spaces. What exact form that should take I don't claim to know.

      • (Score: 2) by Thexalon on Tuesday January 05 2021, @10:02PM

        by Thexalon (636) on Tuesday January 05 2021, @10:02PM (#1095246)

        Think about it. What do you really know about the world? You know what you read and hear in the news, social media, etc.

        I mean, philosophers have been debating that one for a long long time. Solipsism being one of the more extreme takes on the problem: If you don't physically perceive it, right now, it's not happening as far as you're concerned.

        As far as what you get in news sources and social media: There should be a step between "you read / hear X in the news and social media" and "you immediately accept X as The Unquestionable Truth". And that's true whether the X in question is "the president asked Georgia's secretary of state to commit election fraud and threatened him with prosecution if he didn't comply" or "Karen's ex-husband was a total jerk to her". Now, both of those statements could very well be true, but you should have some level of BS detection between "you hear this" and "it must be true".

        I think the solution is to break up the giants, esp. Facebork.

        There's an already-existing solution, one the righties are in fact using: Going to a different website for their social media dose. Do that, and Facebork isn't a monopoly anymore (and it arguably isn't one now too, for the same reason).

        --
        The only thing that stops a bad guy with a compiler is a good guy with a compiler.
      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:52PM

        by Anonymous Coward on Tuesday January 05 2021, @10:52PM (#1095300)

        The righties are appropriately unhappy because they've seen the social media companies censoring conservatives and being more permissive toward the left.

        Oh, good grief! If you are so unhappy with facefuck then hie thyself on over to parler. I'm sure you'll find the atmosphere much more genial there. Problem solved. See how easy that was?

      • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @09:44PM (1 child)

        by Anonymous Coward on Wednesday January 06 2021, @09:44PM (#1095827)

        It's a really simple fix. Keep section 230 AS IT IS; but, add to it this... You enter the realm of publisher if user generated content is, 'processed,' before being served. Say you have a site with 100 users and they are all submitting opinions and such of various kinds; but, you use an AI, or a human, to find the users that post content about tomato soup and push their content to the forefront. At that point you have, 'processed,' user content (which based on the terms of service of these sights, they have an irrovocable world wide license too anyway).

        That fixes the problem, easy. It gives protection where protection is needed, and restores accountability where accountability is needed. I'm sure the gray area of, 'processed,' submissions will be a battle ground; but, that's how I see it. This will not happen though; because nobody wants a solution the problem. They want a solution to, 'their,' problem. And they are government and corporations, and we are little nobody trash people..

        • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @09:50AM

          by Anonymous Coward on Thursday January 07 2021, @09:50AM (#1096387)

          It's a really simple fix. Keep section 230 AS IT IS; but, add to it this... You enter the realm of publisher if

          Section 230 doesn't say *anything* about "publishers." It protects *everyone*. Full stop.

          Read the law [cornell.edu]. No. Really. Because you're wrong about section 230 [techdirt.com].

    • (Score: 3, Informative) by slinches on Tuesday January 05 2021, @04:16PM (21 children)

      by slinches (5049) on Tuesday January 05 2021, @04:16PM (#1095012)

      It is a broad law. One that's too broad that it is being abused in ways that undermine the initial intent, which is to protect free speech for everyone on the internet. It should be narrowed to protect those sites who protect the free speech rights of their users and not protect those who use section 230 as a shield while amplifying their own speech at the expense of the rest of us.

      • (Score: 5, Insightful) by Immerman on Tuesday January 05 2021, @04:30PM (11 children)

        by Immerman (3985) on Tuesday January 05 2021, @04:30PM (#1095025)

        Enabling censorship is practically the entire point though - if you publish unfiltered, unprioritized user content - like a mailing list or usenet, then you're pretty firmly in the "communication channel" business, rather than the publishing business.

        As soon as you filter out the spam, trolls, etc. you're taking editorial control and become a publisher, which leaves you open to lawsuits about the content. 230 removes that vulnerability. And in the modern world, without that protection any site discussing anything critical of anyone with power is going to be shut down under a landslide of SLAPP lawsuits.

        • (Score: 3, Insightful) by Runaway1956 on Tuesday January 05 2021, @04:59PM (7 children)

          by Runaway1956 (2926) Subscriber Badge on Tuesday January 05 2021, @04:59PM (#1095039) Journal

          There is a fine balance to the whole thing.

          No matter whether you are a publisher, you must "censor" obviously illegal content. No matter your status as a publisher, a court order to remove child porn from your site must be obeyed.

          Censoring spam trolls gets to be questionable pretty quickly.

          The problem with the Big 3 media sites is, they are censoring perfectly legal points of view, opinions, and even facts. Any or all of those should cause them to lose 230 protections, because they are now publishers. The monopoly issue doesn't even need be considered here - publishers are publishers, and social media is something else entirely.

          • (Score: 1, Informative) by Anonymous Coward on Tuesday January 05 2021, @05:16PM

            by Anonymous Coward on Tuesday January 05 2021, @05:16PM (#1095058)

            No matter whether you are a publisher, you must "censor" obviously illegal content. No matter your status as a publisher, a court order to remove child porn from your site must be obeyed.

            Section 230 makes no distinction between "publishers" and anyone else. It protects *everyone*.

            You continue to be wrong about section 230 [techdirt.com].

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:45PM

            by Anonymous Coward on Tuesday January 05 2021, @06:45PM (#1095100)

            Do you ever tire of being wrong and siding with fascists? No? Shocking

          • (Score: 2) by Tork on Tuesday January 05 2021, @07:15PM (3 children)

            by Tork (3914) Subscriber Badge on Tuesday January 05 2021, @07:15PM (#1095131)

            The problem with the Big 3 media sites is, they are censoring perfectly legal points of view, opinions, and even facts.

            Are you referring to the Big 3 dropping groups because they made advertising clients flee or are you talking about certain posts getting flagged as false at a time where people listening to bad advice were getting killed?

            --
            🏳️‍🌈 Proud Ally 🏳️‍🌈
            • (Score: 3, Informative) by Runaway1956 on Tuesday January 05 2021, @07:54PM (2 children)

              by Runaway1956 (2926) Subscriber Badge on Tuesday January 05 2021, @07:54PM (#1095150) Journal

              because they made advertising clients flee

              Nonsense. An advertiser might stipulate that their ads are not seen with firearms, or not seen with rap music artists, or whatever. The advertisers didn't leave Facebook, or Google, or any place else just because said content might be seen on the site.

              • (Score: 2) by Tork on Tuesday January 05 2021, @08:31PM

                by Tork (3914) Subscriber Badge on Tuesday January 05 2021, @08:31PM (#1095178)

                The advertisers didn't leave Facebook, or Google, or any place else just because said content might be seen on the site.

                😂 What are you even talking about? Advertisers not only CAN pull their ads to avoid toxic backwash on their brand, but they HAVE DONE SO over bad behavior by the platform's users a number of times. High-profile incidents, mind you. This is how what you lot call "de-platforming" usually happens, it's not typically"we dont like a political party" it's "Our revenue is in danger, everyone out of the pool!"


                I'm pretty sure you've bitched about 'cancel culture' before, so your denial of this is ... counter-intuitive. Then again there does seem to be a longing by some to one day be a victim. 🙄

                --
                🏳️‍🌈 Proud Ally 🏳️‍🌈
              • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @10:28PM

                by Anonymous Coward on Tuesday January 05 2021, @10:28PM (#1095271)

                ^ smack smack smack

                Do you just enjoy mental BDSM Runaway?

          • (Score: 2) by Immerman on Wednesday January 06 2021, @03:21AM

            by Immerman (3985) on Wednesday January 06 2021, @03:21AM (#1095446)

            >The problem with the Big 3 media sites is, they are censoring perfectly legal points of view,

            I see the problem being somewhat different - you're using *their* services - they're free to throw you out for perfectly legal behavior. Just as the mall cop can throw you out of the mall for engaging in perfectly legal activities that the mall has decided to ban.

            Prohibiting such censorship amounts to requiring them to publish your content, something the courts have repeatedly struck down as unconstitutional. You have no right to demand that other people act on your behalf. If you want to present a different take on things you're free to set up your own web server to do so, and try to find an audience who will listen. Free speech prohibits the government from silencing you in the town square - it does NOT entitle you to use the mall's PA system

            Where I do see a problem, and a potential avenue of legal attack, is that modern social media sites definitely aren't even remotely the mostly-passive communication channels 230 was created to protect. They advance an agenda using other people's content, while hiding behind their immunity for that content.

            I would say - fine - you are not responsible for the individual posts showing up in people's feeds. HOWEVER, you ARE responsible for promoting them to a larger audience. The posts may belong to the users, but the feed itself is all your creation. Just as a photo-collage is a new composite image created from images by other people, so is a media feed a new composite creation. And if your composite creation is spreading illegal lies, the fact that it's using other people's words to do it is immaterial. I posted a two-question test above that I think would reliably distinguish between "message boards" and "social media"

            Of course - free speech would still rule, and in the US the media is completely free to lie to you, just like anyone else. I don't see any reason to expect Social Media to be held to a higher standard. But slander, public indecency, and speech likely to promote imminent illegal activities are restricted, amongst others.

            At the very least, it'd pull social media sites bias out from behind the shield of 230 immunity, and make them responsible for the composite-message of their feeds, hopefully dragging them up to at least the low legally enforced standards of a traditional media companies. Beyond that point... that's where things start running into constitutional problems.

        • (Score: 2) by slinches on Tuesday January 05 2021, @05:10PM (2 children)

          by slinches (5049) on Tuesday January 05 2021, @05:10PM (#1095051)

          As soon as you filter out the spam, trolls, etc. you're taking editorial control and become a publisher, which leaves you open to lawsuits about the content.

          Then don't filter them out. If you want protection from responsibility for their speech, then let them say what they want. There's also nothing editorial about a fair user moderation system like the one here on SN. The users control relative visibility of content collectively, but anyone can choose to read everything posted.

          The distinction that section 230 does not make, but needs to, is between what content is the site/platform's speech and what is the user's.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:17PM

            by Anonymous Coward on Tuesday January 05 2021, @05:17PM (#1095059)

            Then don't filter them out. If you want protection from responsibility for their speech, then let them say what they want. There's also nothing editorial about a fair user moderation system like the one here on SN. The users control relative visibility of content collectively, but anyone can choose to read everything posted.

            Actually, stuff like moderation systems is *exactly* what section 230 protects.

            This post is even more wrong about section 230 [techdirt.com] than your other wrong posts.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:22PM

            by Anonymous Coward on Tuesday January 05 2021, @05:22PM (#1095063)

            Then don't filter them out. If you want protection from responsibility for their speech, then let them say what they want.

            And then every site is another 4chan/8chan/8kun. Yeah, that's what I want from my favorite knitting site or early childhood education forum.

      • (Score: 1, Informative) by Anonymous Coward on Tuesday January 05 2021, @05:09PM

        by Anonymous Coward on Tuesday January 05 2021, @05:09PM (#1095049)

        It is a broad law. One that's too broad that it is being abused in ways that undermine the initial intent, which is to protect free speech for everyone on the internet. It should be narrowed to protect those sites who protect the free speech rights of their users and not protect those who use section 230 as a shield while amplifying their own speech at the expense of the rest of us.

        I regret to inform you that, you too are wrong about section 230 [techdirt.com].

      • (Score: 2) by epitaxial on Tuesday January 05 2021, @05:41PM (7 children)

        by epitaxial (3165) on Tuesday January 05 2021, @05:41PM (#1095067)

        These privately owned social networks are under no obligation to publish everything posted to them. There are alternatives to facebook, YouTube, and twitter.

        • (Score: 2) by slinches on Tuesday January 05 2021, @06:15PM (4 children)

          by slinches (5049) on Tuesday January 05 2021, @06:15PM (#1095084)

          No they aren't obligated to publish anything. I'm not proposing that anyone be required to publish anything they don't agree with. However if you want to run a platform for others to publish their own content, your protection from legal liability for their content should be contingent on treating all user submissions equally regardless of whether you agree with what it says.

          I don't see why a site that accepts user content and then selects which posts it wants to publish should be treated any differently than the editorial section of a newspaper. They are doing the same thing. Sites like this one where comments from users aren't controlled by anyone but the users themselves do something different. These sites facilitate open public discussion which should be protected.

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @08:02PM (1 child)

          by Anonymous Coward on Tuesday January 05 2021, @08:02PM (#1095158)

          In a constrained philosophical construct, you'd be correct. But here in the real world, Facebook, Twitter, et al, are HUGE and very powerful influence over the masses.

          I'm starting to observe a trend of people who are literally addicted to them. Reminds me of a couple of sci-fi movies where mind-control was somehow embedded in TV broadcasts... 1984 doesn't specify who the governing entity will be.

          • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:27PM

            by Anonymous Coward on Tuesday January 05 2021, @11:27PM (#1095331)

            Reminds me of a couple of sci-fi movies where mind-control was somehow embedded in TV broadcasts.

            I don't own a TV. You don't have to either. You don't have to have your mind "controlled", if you don't want to. I will leave it as an exercise for you on how to apply that to Facebook, Twitter, et al. (i.e., the rest of "the real world"). And just to head you off at the pass, I'm pretty sure that I am just as, if not better, informed about what is going on in the world as you are.

    • (Score: 5, Insightful) by Immerman on Tuesday January 05 2021, @04:22PM (10 children)

      by Immerman (3985) on Tuesday January 05 2021, @04:22PM (#1095016)

      230 basically carves a safe harbor for websites that doesn't exist for newspapers, etc - newspapers can and have been successfully sued for publishing libel in a letter to the editor. When you're a publisher, you take responsibility for everything you publish. Which is why weasel-words and phrases abound: "Is X a Y?" "Some people say...", etc. Even if you'd win a lawsuit, the cost and distraction usually isn't worth it.

      Social media of all kinds, from comment sections to Twitter, don't exercise that level of editorial control, and 230 prevents them from being buried in SLAPP lawsuits as a result. Get rid of the protection, and social media probably disappears overnight.

      And maybe that's what many politicians really want. Most of the old-guard is utterly incompetent at leveraging social media, which puts them at a massive disadvantage against the younger upstarts. Kill social media as a viable business, and people go back to only getting the officially sanctioned story published by traditional media. It's such a shame to have consolidated virtually all the reputable news outlets under a tiny handful of umbrella companies, only to have social media do an end-run around them.

      That said, I do think social media has indeed become a major danger to society - it takes the old adage about a lie getting across the country while the truth is still putting on its shoes, and gives the lie a jetpack and massive bullhorn. Lies are sculpted to appeal to emotions, while truth is often hard to swallow. Even when it's not actively unpleasant, it's usually dry and uninteresting. Anything that dramatically accelerates the spread of "engaging" information, will inevitably spread lies much more broadly than truth.

      I don't know what the solution is. Maybe killing social media while we work out something less dangerous is actually the least-bad option. I'd feel a lot better about that though without the consolidation of traditional news.

      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:11PM

        by Anonymous Coward on Tuesday January 05 2021, @05:11PM (#1095053)

        Social media of all kinds, from comment sections to Twitter, don't exercise that level of editorial control, and 230 prevents them from being buried in SLAPP lawsuits as a result. Get rid of the protection, and social media probably disappears overnight.

        You sir, unlike many others posting here are, in fact, right about section 230 [techdirt.com].

      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @05:18PM (2 children)

        by Anonymous Coward on Tuesday January 05 2021, @05:18PM (#1095060)

        Massively on point. There is no easy answer. As if we need more laws, it's like everything in life: fine lines drawn, and lawmakers need to define where we draw those lines. I'm okay with obviously harmful content being removed, but what's "obviously harmful" to me might be perfectly fine with others. TV is a great example. Who's to define what's okay to broadcast on TV, and at what times of day? I know parents who won't let their kids watch any TV and don't own one. And there are people who think the worst possible stuff should be okay on TV.

        What I think is not okay is letting the few people who run powerful social media companies, like Facebook, have control over what they deem okay for publication.

        Just like the public airwaves, unfortunately govt. is going to have to set up an agency to regulate social media companies. And before someone goes off on how difficult and expensive that will be, social media companies already employ algorithms and people to do the censoring. And it has been shown that they are politically biased. So, just like radio and TV airwaves, we need, at least, laws stating that the giants like google and Facebook must be politically neutral. And we must allow citizens to be part of the process. In practical terms: we citizens must be allowed to sue media companies when we can show they are censoring unfairly, like in a politically biased way, or product / service bias, anything.

        • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @06:14PM

          by Anonymous Coward on Tuesday January 05 2021, @06:14PM (#1095082)

          So, just like radio and TV airwaves, we need, at least, laws stating that the giants like google and Facebook must be politically neutral.

          Except those laws not exist. The republicans revoked the FCC Fairness Doctrine as a violation of free speech.

          If you want to make everything politically neutral lets talk about Fox News....good luck with that.

        • (Score: 2) by Immerman on Tuesday January 05 2021, @08:29PM

          by Immerman (3985) on Tuesday January 05 2021, @08:29PM (#1095175)

          Unfortunately, objectively verifiable facts are not politically neutral, as the current president and his groupies have put on dramatic display.

      • (Score: 0) by Anonymous Coward on Tuesday January 05 2021, @11:44PM (5 children)

        by Anonymous Coward on Tuesday January 05 2021, @11:44PM (#1095347)

        230 basically carves a safe harbor for websites that doesn't exist for newspapers, etc - newspapers can and have been successfully sued for publishing libel in a letter to the editor. When you're a publisher, you take responsibility for everything you publish. Which is why weasel-words and phrases abound: "Is X a Y?" "Some people say...", etc. Even if you'd win a lawsuit, the cost and distraction usually isn't worth it.

        Your completely valid point led me to a different and incredibly insightful point (as an aside, my fabulousness is exceeded only by my modesty!), which is that while newspapers can (and have been) sued for libel/defamation over letters to the editor, even newspaper websites are protected by section 230 for comments in their comment sections.

        Because section 230 protects *everyone* from being sued for what *other people* say on the internet.

        • (Score: 4, Interesting) by Immerman on Wednesday January 06 2021, @01:51AM (4 children)

          by Immerman (3985) on Wednesday January 06 2021, @01:51AM (#1095399)

          Absolutely.

          I do think modern "Social media" functions fundamentally differently than a typical comment section though, and that difference might be worth regulating.

          Comments sections, like mailing lists, BBSes, web forums, etc. all tend to act as a relatively passive communication medium that (mostly) treats all posts and posters alike. There are occasional exceptions, but that's the rule - traditionally the platform does not promote specific content, at most it editorializes by "decorating" a post with information about the author's reputation or other status information. Maybe even counting "likes" and "dislikes" or other simple community commentary on the specific post. But everyone sees everyone else's posts on the (nominal) topic, except for what they choose to skip over.

          Social Media though goes a step further - they don't provide a passive forum where everyone sees everyone else, instead they actively analyze content to select what you will see. Any particular user will only see a tiny fraction of everything that was said on a topic, if there's even any topic-based organization to begin with. And that fraction is chosen by the Social Media company. Very much like traditional Media outlets, Social Media inherently selects only a tiny fraction of the whole story for you to see. The choice of what selection to present to you becomes a statement in itself - an extremely powerful one for shaping public opinion.

          To my mind that sort of power deserves at least as much oversight as the similar power wielded by traditional media. Which is traditionally very hands-off, most of the time (Red Scare anyone?), but is held accountable for libel and, news at least was often considered to have a moral responsibility to the truth, even if not a legal one.

          To distinguish between "Social Media" and "message boards" I would propose a two-part test for any: (adjust %'s to taste)

          1) Do users typically see less than 50% of all user content posted within clearly defined structural boundaries. In the case of a non-specific "news feed" that would be 100% of all content after user-selected filters are applied (e.g. "Only posts from people I follow").

          2) Is more than 10% of the content a user typically sees prioritized in any way other than chronologically (e.g. oldest or newest posts first) or user-guided structure (e.g. forum topics, conversation threading, or wiki page links), that is likely to influence the number of people who will see a particular piece of content? (The 10% still allows for featured content like most helpful reviews, pinned topics, paid promotions, or the very most popular content)

          If you answer "Yes" to both questions, then you're a Social Media service, and have all the legal responsibilities and liabilities that come with that. Possibly treating them as a publisher (aka drowning them in SLAPP suits), or at the very least holding them accountable for the "net effect" of any systematic biases that are proven. e.g. if your prioritization system is found to disproportionately promote "Bernie Sanders eats babies" posts, then he could sue you for using your platform to slander him.

          Of course, that test alone would include search engines, which... might be a good thing - their biases and misinformation can be just as damaging. But maybe we want to explicitly carve them out for continued protection, or at least different rules.

          • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @03:58AM

            by Anonymous Coward on Wednesday January 06 2021, @03:58AM (#1095455)

            Those are interesting ideas.

            However, where do you draw the lines? More importantly, *who* draws those lines and under what circumstances?

            Because those sorts of decisions are, and will always be, subjective.

            Personally, I'd rather see the following:

            1. All social media platforms are required to share APIs to allow other platforms (e.g., Diaspora, Mastodon, etc.) to pull as well as post content from/to the larger platforms;
            2. Require ISPs to provide a *minimum* of half the download bandwidth in upload bandwidth (e.g., if you have 100Mb/sec down, you get *at least* 50Mb/sec up);
            3. Modify the licenses social media platforms require for posted content (currently, a non-exclusive, perpetual license to use, modify and display for any reason) to a more user-centric one (e.g., a limited, revocable license which retains copyright and ownership of content for the creator, which can only be used for specific, opt-in purposes and must regularly be renewed);
            4. Require platforms to obtain opt-in agreement to all forms of tracking, whether on or off the platform.

            Doing the above would reduce the powerful network effects of the big platforms, provide a wider range of *interoperable* choices for social media connections and platforms including self-hosting. Throw in federation services and you can create seamless user networks across platforms.

            This would promote competition, stronger control for users over their data and information, the ability to congregate/associate as you wish, and allow anyone to create the environment that *they* want, curated (or not) as *they* choose.

            And it would force the big platforms to compete on features, privacy and quality experience to retain their user base.

            That can be done while still maintaining the important section 230 protections that promote free speech, regardless of the size of the platforms.

            Most importantly, it retains the ability for people to seek damages for libel/defamation without heavy-handed regulation and/or some person/corporation/entity deciding how much is too much/too little.

          • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @06:20PM (2 children)

            by Anonymous Coward on Wednesday January 06 2021, @06:20PM (#1095699)

            Here's an interesting and related (First Amendment focused, rather than section 230) take on this discussion:

            https://www.nytimes.com/2021/01/06/opinion/trump-lies-free-speech.html [nytimes.com]

            Your thoughts?

            • (Score: 2, Disagree) by Immerman on Wednesday January 06 2021, @08:34PM (1 child)

              by Immerman (3985) on Wednesday January 06 2021, @08:34PM (#1095777)

              Sorry, I'm not inclined to breach paywalls.

              Just going by the headline - I do think there's a good argument to be made for holding our government representatives to a higher standard. Their free speech is guaranteed as citizens, but as our employees they must conduct themselves honestly in public or lose the job. Just as any employer can fire employees for engaging in legal behavior that interferes with their work.

              • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @09:23AM

                by Anonymous Coward on Thursday January 07 2021, @09:23AM (#1096380)

                That's weak sauce, friend.

                And you're welcome.

                https://www.nytimes.com/2021/01/06/opinion/trump-lies-free-speech.html [nytimes.com]

                Have Trump’s Lies Wrecked Free Speech?

                A debate has broken out over whether the once-sacrosanct constitutional protection of the First Amendment has become a threat to democracy.
                Thomas B. Edsall

                By Thomas B. Edsall

                Mr. Edsall contributes a weekly column from Washington, D.C. on politics, demographics and inequality.

                        Jan. 6, 2021

                In the closing days of his presidency, Donald Trump has demonstrated that he can make innumerable false claims and assertions that millions of Republican voters will believe and more than 150 Republican members of the House and Senate will embrace.

                “The formation of public opinion is out of control because of the way the internet is forming groups and dispersing information freely,” Robert C. Post, a Yale law professor and former dean, said in an interview.

                Before the advent of the internet, Post noted,

                        People were always crazy, but they couldn’t find each other, they couldn’t talk and disperse their craziness. Now we are confronting a new phenomenon and we have to think about how we regulate that in a way which is compatible with people’s freedom to form public opinion.

                Trump has brought into sharp relief the vulnerability of democracy in the midst of a communication upheaval more pervasive in its impact, both destructive and beneficial, than the invention of radio and television in the 20th Century.

                In making, embracing and disseminating innumerable false statements, Trump has provoked a debate among legal scholars over whether the once-sacrosanct constitutional protection of free speech has itself become a threat to democracy by enabling the widespread and instantaneous transmission of lies in the service of political gain.

                In the academic legal community, there are two competing schools of thought concerning how to go about restraining the proliferation of flagrant misstatements of fact in political speech.

                Richard Hasen, at the University of California-Irvine Law School, described some of the more radical reform thinking in an email:

                        There is a cadre of scholars, especially younger ones, who believe that the First Amendment balance needs to be struck differently in the digital age. The greatest threat is no longer censorship, but deliberate disinformation aimed at destabilizing democratic institutions and civic competence.

                Hasen argues:

                        Change is urgent to deal with election pathologies caused by the cheap speech era, but even legal changes as tame as updating disclosure laws to apply to online political ads could face new hostility from a Supreme Court taking a libertarian marketplace-of-ideas approach to the First Amendment. As I explain, we are experiencing a market failure when it comes to reliable information voters need to make informed choices and to have confidence in the integrity of our electoral system. But the Court may stand in the way of necessary reform.

                Those challenging the viability of applying free speech jurisprudence to political speech face a barrage of criticism from legal experts who contend that the blame for current political crises should not fall on the First Amendment.

                Robert Post, for example, contends that the amendment is essential to self-governance because

                        a functioning democracy requires both that citizens feel free to participate in the formation of public opinion and that they are able to access adequate accurate information about public matters. Insofar as it protects these values, the First Amendment serves as a crucial tool of self-governance. In the absence of self-governance, government is experienced as compulsion, as being told what to think and what to do. That’s not a desirable situation.

                Post added: “As we try to adapt the First Amendment to contemporary issues, we have to be clear about the values we wish to protect, so that we don’t throw the baby out with the bath water.”

                Toni M. Massaro, a law professor at the University of Arizona, who with Helen L. Norton, a law professor at the University of Colorado, co-authored a December 2020 paper “Free Speech and Democracy: A Primer for 21st Century Reformers,” makes a related point in an email:

                Free speech theorists have lots to be anxious about these days as we grapple with abiding faith in the many virtues of free expression while coping with the undeniable reality that it can — irony runs deep — undermine free expression itself.

                Massaro added:

                        Those who believe in democracy’s virtues, as I do, need to engage the arguments about its threats. And those who believe in the virtues of free speech, as I also do, need to be cleareyed about the information distortions and gross inequalities and other harms to democratic and other public goods it produces. So our generation absolutely is up at bat here. We all need to engage the Wu question ‘is free speech obsolete?’ lest it become so through inattention to the gravity of the threats it faces and poses.

                Helen Norton, in a separate email, expanded on the different vantage points in the legal community. On one side are those “who privilege democratic self-governance” and who are more likely to be concerned “about whether and when speech threatens free speech and democracy.” On the other side are

                        the many, past and present, who privilege individual autonomy and are more comfortable with the premise that more speech is always better. I’d describe it as a difference in one’s preferred theory of and perspective on the First Amendment.

                Other legal scholars emphasize the inherent difficulties in resolving speech-related issues:

                Rebecca Tushnet, a law professor at Harvard, wrote by email:

                        Those are some big questions and I don’t think they have yes-or-no answers. These are not new arguments but they have new forms, and changes in both economic organization and technology make certain arguments more or differently salient than they used to be.

                Tushnet described the questions raised by those calling for major reform of the interpretation and application of the First Amendment as “legitimate,” but pointed out that this“doesn’t mean they’ll get taken seriously by this Supreme Court, which was constituted precisely to avoid any ‘progressive’ constitutional interpretation.”

                In certain respects, the divide in the American legal community reflects some of the differences that characterize American and European approaches to issues of speech, including falsehoods and hate speech. Noah Feldman, a law professor at Harvard, described this intercontinental split in a March 2017 column for Bloomberg,

                        U.S. constitutional tradition treats hate speech as the advocacy of racist or sexist ideas. They may be repellent, but because they count as ideas, they get full First Amendment protection. Hate speech can only be banned in the U.S. if it is intended to incite imminent violence and is actually likely to do so. This permissive U.S. attitude is highly unusual. Europeans don’t consider hate speech to be valuable public discourse and reserve the right to ban it. They consider hate speech to degrade from equal citizenship and participation. Racism isn’t an idea; it’s a form of discrimination.

                        The underlying philosophical difference here is about the right of the individual to self-expression. Americans value that classic liberal right very highly — so highly that we tolerate speech that might make others less equal. Europeans value the democratic collective and the capacity of all citizens to participate fully in it — so much that they are willing to limit individual rights.

                Tim Wu, a law professor at Columbia and a contributing opinion writer for The Times, is largely responsible for pushing the current debate onto center stage, with the 2017 publication of his essay, “Is the First Amendment Obsolete?” by the the Knight First Amendment Institute and subsequently in the Michigan Law Review:

                “The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly differently than today’s,” Wu wrote. The basic presumption then was “that the greatest threat to free speech was direct punishment of speakers by government.” Now, in contrast, he argued, those, including Trump, “who seek to control speech use new methods that rely on the weaponization of speech itself, such as the deployment of ‘troll armies,’ the fabrication of news, or ‘flooding’ tactics.”

                Instead of protecting speech, the First Amendment might need to be invoked now to constrain certain forms of speech, in Wu’s view:

                        Among emerging threats are the speech-control techniques linked to online trolling, which seek to humiliate, harass, discourage, and even destroy targeted speakers using personal threats, embarrassment, and ruining of their reputations.

                The techniques used to silence opponents “rely on the low cost of speech to punish speakers.”

                Wu’s conclusion:

                        The emerging threats to our political speech environment have turned out to be different from what many predicted — for few forecast that speech itself would become a weapon of state-sponsored censorship. In fact, some might say that celebrants of open and unfettered channels of internet expression (myself included) are being hoisted on their own petard, as those very same channels are today used as ammunition against disfavored speakers. As such, the emerging methods of speech control present a particularly difficult set of challenges for those who share the commitment to free speech articulated so powerfully in the founding — and increasingly obsolete — generation of First Amendment jurisprudence.

                I asked Wu if he has changed his views since the publication of his paper, and he wrote back:

                        No, and indeed I think the events of the last four years have fortified my concerns. The premise of the paper is that Americans cannot take the existence of the First Amendment as serving as an adequate guarantee against malicious speech control and censorship. To take another metaphor it can be not unlike the fortified castle in the age of air warfare. Still useful, still important, but obviously not the full kind of protection one might need against the attacks on the speech environment going on right now.

                That said, Wu continued, “my views have been altered in a few ways.” Now, Wu said, he would give stronger emphasis to the importance of “the president’s creation of his own filter bubble” in which

                        the president creates an entire attentional ecosystem that revolves around him, what he and his close allies do, and the reactions to it — centered on Twitter, but then spreading onward through affiliated sites, Facebook & Twitter filters. It has dovetailed with the existing cable news and talk radio ecosystems to form a kind of seamless whole, a system separate from the conventional idea of discourse, debate, or even fact.

                At the same time, Wu wrote that he would de-emphasize the role of troll armies which “has proven less significant than I might have suggested in the 2018 piece.”

                Miguel Schor, a professor at Drake University Law School, elaborated Wu’s arguments in a December 2020 paper, “Trumpism and the Continuing Challenges to Three Political-Constitutionalist Orthodoxies.”

                New information technologies, Schor writes,

                        are the most worrisome of the exogenous shocks facing democracies because they undermine the advantages that democracies once enjoyed over authoritarianism.

                Democracies, Schor continued, “have muddled through profound crises in the past, but they were able to count on a functioning marketplace of ideas” that gave the public the opportunity to weigh competing arguments, policies, candidates and political parties, and to weed out lies and false claims. That marketplace, however, has become corrupted by “information technologies” that “facilitate the transmission of false information while destroying the economic model that once sustained news reporting.” Now, false information “spreads virally via social networks as they lack the guardrails that print media employs to check the flow of information.”

                To support his case that traditional court interpretation of the First Amendment no longer serves to protect citizens from the flood tide of purposely false information, Schor cited the 2012 Supreme Court case United States v. Alvarez which, Schor wrote, “concluded that false statements of fact enjoyed the same protection as core political speech for fear that the government would otherwise be empowered to create an Orwellian ministry of truth.”

                In the Alvarez case, Justice Anthony Kennedy wrote that

                        the remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.

                Kennedy added at the conclusion of his opinion:

                        The Nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace.

                Kennedy cited Oliver Wendell Holmes Jr.’s famous 1919 dissent in Abrams v. United States:

                        The best test of truth is the power of the thought to get itself accepted in the competition of the market.

                In practice, Schor argued, the Supreme Court’s Alvarez decision

                        stood Orwell on his head by broadly protecting lies. The United States currently does have an official ministry of truth in the form of the president’s bully pulpit which Trump has used to normalize lying.

                ImageThe crowd at the president’s rally on Monday night.
                The crowd at the president’s rally on Monday night.Credit...Damon Winter/The New York Times

                Along parallel lines, Sanford Levinson, a law professor at the University of Texas, argued in an email that “today, things are remarkably different” from the environment in the 20th century when much of the body of free speech law was codified: “Speech can be distributed immediately to vast audiences. The ‘market of ideas’ may be increasingly siloed,” Levinson wrote, as “faith in the invisible hand is simply gone. The evidence seems overwhelming that falsehood is just as likely to prevail.”

                In that context, Levinson raised the possibility that the United States might emulate post-WWII Germany, which “adopted a strong doctrine of ‘militant democracy,’ ” banning the neo-Nazi and Communist parties (the latter later than the former):

                        Can/should we really wait until there is a “clear and present danger” to the survival of a democratic system before suppressing speech that is antagonistic to the survival of liberal democracy. Most Americans rejected “militant democracy” in part, I believe, because we were viewed as much too strong to need that kind of doctrine. But I suspect there is more interest in the concept inasmuch as it is clear that we’re far less strong than we imagined.

                Lawrence Lessig, a law professor at Harvard, was outspoken in his call for reform of free speech law:

                        There’s a very particular reason why this more recent change in technology has become so particularly destructive: it is not just the technology, but also the changes in the business model of media that those changes have inspired. The essence is that the business model of advertising added to the editor-free world of the internet, means that it pays for them to make us crazy. Think about the comparison to the processed food industry: they, like the internet platforms, have a business that exploits a human weakness, they profit the more they exploit, the more they exploit, the sicker we are.

                All of this means, Lessig wrote by email, that

                        the First Amendment should be changed — not in the sense that the values the First Amendment protects should be changed, but the way in which it protects them needs to be translated in light of these new technologies/business models.

                Lessig dismissed fears that reforms could result in worsening the situation:

                        How dangerous is it to “tinker” with the First Amendment? How dangerous is it not to tinker with the doctrine that constitutes the First Amendment given the context has changed so fundamentally?

                Randall Kennedy, who is also a law professor at Harvard, made the case in an email that new internet technologies demand major reform of the scope and interpretation of the First Amendment and he, too, argued that the need for change outweighs risks: “Is that dangerous? Yes. But stasis is dangerous too. There is no safe harbor from danger.”

                Kennedy described one specific reform he had in mind:

                        A key distinction in the law now has to do with the state action doctrine. The First Amendment is triggered only when state action censors. The First Amendment protects you from censorship by the state or the United States government. The First Amendment, however, does not similarly protect you from censorship by Facebook or The New York Times. To the contrary, under current law Facebook and The New York Times can assert a First Amendment right to exclude anyone whose opinions they abhor. But just suppose the audience you seek to reach is only reachable via Facebook or The New York Times?

                The application of First Amendment protection from censorship by large media companies could be achieved by following the precedent of the court’s abolition of whites-only primaries in the Deep South, Kennedy argued:

                        Not so long ago, political parties were viewed as “private” and thus outside the reach if the federal constitution. Thus, up until the late 1940s the Democratic Party in certain Deep South states excluded any participation by Blacks in party primaries. The white primary was ended when the courts held that political parties played a governmental function and thus had to conduct themselves according to certain minimal constitutional standards — i.e., allow Blacks to participate.

                Wu, Schor and others are not without prominent critics whose various assertions include the idea that attempts to constrain lying through radical change in the interpretation of the First Amendment risk significant damage to a pillar of democracy; that the concerns of Wu and others can be remedied through legislation and don’t require constitutional change; that polarization, not an outdated application of the First Amendment, is the dominant force inflicting damage on the political system.

                In one of the sharpest critiques I gathered, Laurence H. Tribe, emeritus professor at Harvard Law School, wrote in an email that,

                        We are witnessing a reissue, if not a simple rerun, of an old movie. With each new technology, from mass printing to radio and then television, from film to broadcast TV to cable and then the internet, commentators lamented that the freedoms of speech, press, and assembly enshrined in a document ratified in 1791 were ill-adapted to the brave new world and required retooling in light of changed circumstances surrounding modes of communication.” Tribe added: “to the limited degree those laments were ever warranted, the reason was a persistent misunderstanding of how constitutional law properly operates and needs to evolve.

                The core principles underlying the First Amendment, Tribe wrote, “require no genuine revision unless they are formulated in ways so rigid and inflexible that they will predictably become obsolete as technological capacities and limitations change,” adding that

                        occasions for sweeping revision in something as fundamental to an open society as the First Amendment are invariably dangerous, inviting as they do the infusion of special pleading into the basic architecture of the republic.

                In this light, Tribe argued

                        that the idea of adopting a more European interpretation of the rights of free speech — an interpretation that treats the dangers that uncensored speech can pose for democracy as far more weighty than the dangers of governmentally imposed limitations — holds much greater peril than possibility if one is searching for a more humane and civil universe of public discourse in America.

                Tribe concluded his email citing his speech at the First Annual Conference of the Electronic Freedom Foundation on Computers, Freedom and Privacy in San Francisco in March 1991, “The Constitution in Cyberspace”:

                        If we should ever abandon the Constitution’s protections for the distinctively and universally human, it won’t be because robotics or genetic engineering or computer science have led us to deeper truths but, rather, because they have seduced us into more profound confusions. Science and technology open options, create possibilities, suggest incompatibilities, generate threats. They do not alter what is “right” or what is “wrong.” The fact that those notions are elusive and subject to endless debate need not make them totally contingent upon contemporary technology.

                Jack Balkin, a law professor at Yale, takes a different tack. In an email, he makes a detailed case that the source of the problems cited by Wu and others is not the First Amendment but the interaction of digital business practices, political polarization and the decline of trusted sources of information, especially newspapers.

                “Our problems grow out of business models of private companies that are key governors of speech,” Balkin wrote, arguing that these problems can be addressed by “a series of antitrust, competition, consumer protection, privacy and telecommunications law reforms.”

                Balkin continued:

                        The problem of propaganda that Tim Wu has identified is not new to the digital age, nor is the problem of speech that exacerbates polarization. In the United States, at least, both problems were created and fostered by predigital media.

                Instead, Balkin contended:

                        The central problem we face today is not too much protection for free speech but the lack of new trustworthy and trusted intermediate institutions for knowledge production and dissemination. Without these institutions, the digital public sphere does not serve democracy very well.

                A strong and vigorous political system, in Balkin’s view,

                        has always required more than mere formal freedoms of speech. It has required institutions like journalism, educational institutions, scientific institutions, libraries, and archives. Law can help foster a healthy public sphere by giving the right incentives for these kinds of institutions to develop. Right now, journalism in the United States is dying a slow death, and many parts of the United States are news deserts — they lack reliable sources of local news. The First Amendment is not to blame for these developments, and cutting back on First Amendment protections will not save journalism. Nevertheless, when key institutions of knowledge production and dissemination are decimated, demagogues and propagandists thrive.

                Erwin Chemerinsky, dean of the law school at Berkeley, responded to my inquiry by email, noting that the “internet and social media have benefits and drawbacks with regard to speech.”

                On the plus side, he wrote,

                        the internet and social media have democratized the ability to reach a large audience. It used to be that to do so took owning a newspaper or having a broadcast license. Now anyone with a smartphone or access to a library can do so. The internet provides immediate access to infinite knowledge and information.

                On the negative side, Chemerinsky noted that:

                        It is easy to spread false information. Deep fakes are a huge potential problem. People can be targeted and harassed or worse. The internet and social media have caused the failure of many local papers. Who will be there to do the investigative reporting, especially at the local level? It is so easy now for people to get the information that reinforces their views, fostering polarization.

                Despite these drawbacks, Chemerinsky wrote that he is

                        very skeptical of claims that this makes the traditional First Amendment obsolete or that there needs to be a major change in First Amendment jurisprudence. I see all of the problems posed by the internet and social media, but don’t see a better alternative. Certainly, greater government control is worse. As for the European approach, I am skeptical that it has proven any better at balancing the competing considerations. For example, the European bans on hate speech have not decreased hate and often have been used against political messages or mild speech that a prosecutor doesn’t like.

                Geoffrey Stone, a professor at the University of Chicago Law School, voiced his strong support for First Amendment law while acknowledging that Wu and others have raised legitimate questions. In an email, Stone wrote:

                        I begin with a very strong commitment to current First Amendment doctrine. I think it has taken us a long time to get to where we are, and the current approach has stood us — and our democracy — in very good stead. In my view, the single greatest danger of allowing government regulation of speech is that those in power will manipulate their authority to silence their critics and to solidify their authority. One need only to consider what the Trump administration would have done if it had had this power. In my view, nothing is more dangerous to a democracy that allowing those in authority to decide what ideas can and cannot be expressed.

                Having said that, Stone continued,

                        I recognize that changes in the structure of public discourse can create other dangers that can undermine both public discourse and democracy. But there should be a strong presumption against giving government the power to manipulate public discourse.

                The challenge, Stone continued,

                        is whether there is a way to regulate social media in a way that will retain its extraordinary capacity to enable individual citizens to communicate freely in a way that was never before possible, while at the same time limiting the increasingly evident risks of abuse, manipulation and distortion.

                In an email, Nathaniel Persily, a law professor at Stanford, declared flatly that “The First Amendment is not obsolete.” Instead, he argued, “the universe of speech ‘issues’ and speech ‘regulators’ has expanded.”

                While much of the history of the First Amendment has “been focused on government suppression of dissenting speech,” Persily continued,

                        most speech now takes place online and that raises new concerns and new sources of authority. The relationship of governments to platforms to users has not been fleshed out yet. Indeed, Facebook, Google and Twitter have unprecedented power over the speech environment and their content moderation policies may implicate more speech than formal law these days.

                But, Persily warned, “government regulation of the platforms also raises speech concerns.”

                The complex and contentious debate over politicians’ false claims, the First Amendment, the influence of the internet on politics and the destructive potential of new information technologies will almost certainly play out slowly over years, if not decades, in the courts, Congress and state legislatures. This is likely to make the traditionalists who call for slow, evolutionary change the victors, and the more radical scholars the losers — by default rather than on the merits.

                The two weeks between now and the inauguration will reveal how much more damage Trump, in alliance with a Republican Party complicit in a deliberate attempt to corrupt our political processes, can inflict on a nation that has shown itself to be extremely vulnerable to disinformation, falsehoods and propaganda — propaganda that millions don’t know is not true.

                As Congress is set to affirm the outcome of the 2020 presidential election, the words of Hannah Arendt, who fled Nazi Germany after being arrested in 1933, acquire new relevance.

                In 1967, Arendt published “Truth and Politics” in The New Yorker:

                        The result of a consistent and total substitution of lies for factual truth is not that the lies will now be accepted as truth, and the truth defamed as lies, but that the sense by which we take our bearings in the real world — and the category of truth vs. falsehood is among the mental means to this end — is being destroyed.

                The fragility of democracy had long been apparent. In 1951, in “The Origins of Totalitarianism,” Arendt wrote:

                        Never has our future been more unpredictable, never have we depended so much on political forces that cannot be trusted to follow the rules of common sense and self-interest — forces that look like sheer insanity, if judged by the standards of other centuries.

                Totalitarianism required first blurring and then erasing the line between falsehood and truth, as Arendt famously put it:

                        In an ever-changing, incomprehensible world the masses had reached the point where they would, at the same time, believe everything and nothing, think that everything was possible and that nothing was true ….

                        Mass propaganda discovered that its audience was ready at all times to believe the worst, no matter how absurd, and did not particularly object to being deceived because it held every statement to be a lie anyhow.

                And here’s Arendt in “Truth and Politics” again, sounding like she is talking about contemporary politics:

                        Freedom of opinion is a farce unless factual information is guaranteed and the facts themselves are not in dispute.

                America in 2021 is a very different time and a very different place from the totalitarian regimes of the 20th Century, but we should still listen to what Arendt is saying and heed her warning.

    • (Score: 1) by fustakrakich on Tuesday January 05 2021, @06:45PM

      by fustakrakich (6150) on Tuesday January 05 2021, @06:45PM (#1095101) Journal

      when you look at the nutjobs on the hill

      I'm looking at the nutjobs that put them there for 40 years plus. The ones on the hill are hardly more than a reflection.

      --
      La politica e i criminali sono la stessa cosa..
    • (Score: 2) by HiThere on Tuesday January 05 2021, @08:51PM (5 children)

      by HiThere (866) Subscriber Badge on Tuesday January 05 2021, @08:51PM (#1095189) Journal

      It's a problem. Section 230 clearly needs change, but how? Repeal is essentially closing down on-line communication except between trusted partners. The current situation, however, can be summarized as "Gossip gone wild". Even before the internet it was said "Gossip can go around the world while truth is getting its boots on.".

      OTOH, the same kind of change needs to be applied to ALL broadcast media. The internet is a bit worse because of the "power without penalty" of anonymity, but that's only a matter of degree. But who are you going to trust to determine the truth? Centralized power WILL be abused. I suppose that would more accurately be put "power without enforced responsibility" WILL be abused, but one of the first things those with centralized power do is render their positions unchallengeable. You can see this at all levels of society.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
      • (Score: 0, Disagree) by Anonymous Coward on Tuesday January 05 2021, @11:40PM

        by Anonymous Coward on Tuesday January 05 2021, @11:40PM (#1095343)

        You can not stop gossip unless you go full Chinese firewall and make encryption illegal so the state can find said gossip in near real time. Even then you get underground gossip, and state sanctioned gossip.

        Society will figure out social media just as we've figured out vocal, print, radio, and TV gossip. Institutions will build up trust, humans will learn that random internet stuff is not to be trusted, and the same suckers that buy tabloids will continue consuming the trash gossip.

        The problem right now is that we're in the very beginning of social media and the abuses it enables. We will survive and learn. In my opinion trying to lock down information flow will be much worse than tolerating the gossiping fools.

      • (Score: 2) by Immerman on Wednesday January 06 2021, @02:38AM (3 children)

        by Immerman (3985) on Wednesday January 06 2021, @02:38AM (#1095418)

        Te repeat and expand on the relevant bit of something I posted above:

        To distinguish between "Social Media" and the "message boards" 230 was originally created to protect, I would propose a two-part test: (adjust %'s to taste)

        1) Do users typically see less than 50% of all user content posted within the clearly defined structural boundaries they're browsing? (In the case of a non-specific "news feed" that would be 100% of all content after user-selected filters are applied e.g. "Only posts from people I follow").

        2) Is more than 10% of the content a user typically sees prioritized in any way other than chronologically (e.g. oldest or newest posts first) or user-guided structure (e.g. forum topics, conversation threading, or wiki page links), that is likely to influence the number of people who will see a particular piece of content? (The 10% still allows for featured content like most helpful reviews, pinned topics, paid promotions, or the very most popular content)

        If you answer "Yes" to both questions, then you're a Social Media service and 230 doesn't apply to you. Even though the specific posts were user-generated, you are the one who chose to put those posts in front of so many eyes.

        Basically, you're no longer a simple communication channel - each specific feed is a derivative work of your own creation. Not unlike a collage artist creates something new that they can be held responsible for, even though every individual image they used was created by someone else.

        • (Score: 0) by Anonymous Coward on Wednesday January 06 2021, @09:55PM (2 children)

          by Anonymous Coward on Wednesday January 06 2021, @09:55PM (#1095837)

          230 just needs ammending. You become a publisher if and when user submissions are, 'handled/processed/curated.' The language I'm using is poor; but, essentially, if an AI, or a human, takes posts, and places them strategically, that's user submissions that have been, 'handled/processed,'curated.' Such action would cue the liability, etc..

          Basically you would distinguish between, 'organic,' user submitted content, and, 'artificially manipulated,' user submitted content. A message board is organic; popular threads and posts take on a life of their own and go unmolested by the site operator (for the most part, except if it's needs moderating). Facebook's, 'feed,' on the other hand, is algorithmicaly driven to serve content based on, certain factors. That's not, 'organic,' that's, 'artificial,' and therefore falls under the scope of publisher liability.

          That's my two cents. Perhaps my understanding is imperfect though. I still don't really honestly grasp the issue; but, I think that's a good way to ensure freedom of speech, protect website operators from things generally outside their control, as well as hold accountable the whales in the pond who are operating on another level.

          • (Score: 2) by Immerman on Thursday January 07 2021, @05:46AM

            by Immerman (3985) on Thursday January 07 2021, @05:46AM (#1096291)

            Exactly. My 2-question test was more to remove the "subjective interpretation", while leaving a gap for a small amount of the most legitimately useful kinds of curation without throwing open the doors of liability.

            For example - you could argue that a strict "most liked posts first" algorithm still falls under "organic" user-organized content - and that's all that's really needed for the massively misinformed echo chamber effect to get moving. The site itself doesn't have to be advancing an agenda for the results to be dangerous.

          • (Score: 0) by Anonymous Coward on Thursday January 07 2021, @09:58AM

            by Anonymous Coward on Thursday January 07 2021, @09:58AM (#1096389)

            Basically you would distinguish between, 'organic,' user submitted content, and, 'artificially manipulated,' user submitted content. A message board is organic; popular threads and posts take on a life of their own and go unmolested by the site operator (for the most part, except if it's needs moderating).

            Where do you draw the line? More importantly, *who* draws that line?

            Here on SN there's the Lameness filter and various spam filters as well. Those are rule-based and could meet the threshold you set.

            Note that just because *you* don't think that meets the threshold you're describing, that doesn't mean others won't.

            So the answer is to give *you* the power to decide, right?

            Fucking with free speech is a bad thing. Section 230 is a good thing.

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