Ninth Circuit Panel Goes Out of Its Way to Question Section 230–DOE vs. Meta(blog.ericgoldman.org) |
Ninth Circuit Panel Goes Out of Its Way to Question Section 230–DOE vs. Meta(blog.ericgoldman.org) |
I think Mike Masnick has a superb grasp of the salient issues, and is articulate. I recommend his writing on the topic.
https://www.techdirt.com/2021/10/29/everything-you-know-abou...
But:
"Plaintiffs characterize Meta’s duty as one of product design—that Meta should not have built Facebook in a way that boosted incitements to violence. Still, the alleged defects relate to Facebook’s core design as a publishing platform, particularly how Facebook promoted or downplayed third-party posts using algorithms. Under our case law, matching users with content is publishing conduct, even when the user has not requested the content."
At issue the question of who, if anyone, is responsible for the speech issues at play when Meta chooses to show me X rather than Y of the near infinite pool of content at its disposal.
Some are indeed looking to completely get rid of 230, but if you ask me, assuming that Meta has 230 protections for all editorial decisions it makes should be considered overbroad. I'm no lawyer, but as a citizen it seems to me that it puts Meta's influence beyond legal accountability in a way that no individual is. And that seems totally unfair.
This thing where we've traded societal trust for profits for the companies destroying it is a bad choice, and section 230 is what enables it. Let it all burn. Bring back small communities with internal trust relationships. Growth is not an automatic good.
(No, pointing out that I wouldn't be allowed to post this isn't a clever gotcha. The whole point of advocating for change is that it would affect me too.)
So although I functionally agree that responsibility should be shared more, I haven’t seen a framework that accomplishes that. Organizations just stop allowing user generated content entirely, not addressing how they syndicate it
who knows.
The major social media sites know absolutely that their products expose customers and users to predictable harm and cause real damages. They should bear an analogous liability burden as a business operating a physical location.
Good, then we're in agreement on that.
> This thing where we've traded societal trust for profits for the companies destroying it is a bad choice
We're in agreement on that too.
> section 230 is what enables it.
Here is where we disagree. Section 230 is not what enables the big tech giants. Section 230 is what protects sites like this one, that do not do the sorts of things the big tech giants do, but do host user-provided content. Without Section 230, ycombinator would have to be prepared to defend every moderation action it takes in court. The big tech giants actually don't care whether or not they have to do that; the cost of that is hardly even rounding error in their accounting. If Section 230 were repealed, they'd be fine; maybe they'd have to charge some more for ads on average to make up the difference. Big deal.
Sites like this one, however, would not be fine. Ycombinator might still be able to keep this site up, because they're well enough known that they might be able to get some political traction if someone took them to court. But the "small communites with internal trust relationships" that you talk about? Those need something like Section 230 to avoid being sued out of business by the first a*hole that wants to post there and is told they can't because of their behavior, and has enough time and effort to spare to take them to court.
If we want to outlaw something that might put a spoke in the wheels of the big tech giants, IMO it would be the ad-supported business model--the idea that a large corporation providing a service that's of obvious value to billions of people can get out of any responsibility towards those people simply by saying, well, we're providing the service for free, take it or leave it. And then saying they need to monetize those same people's data to stay in business, because, well, how else are we going to pay for this valuable service we're providing?
Everyone always has some excuse for why they believe their favorite websites and platforms wouldn’t be impacted, but generally these problems would result in a situation where only the big platforms like Facebook could afford to comply and the platforms like Hacker News or all of your favorite forums and chat hangouts would be forced to close because they can’t afford to comply with laws making them liable for user generated content.
Repealing 230 would only consolidate power among the big social sites who can afford to comply and lobby.
Following you final state and some of the other sub threads, I think removing section 230 hurts larger sites more than smaller ones but also I think its a silly point. If the opposite was true that it benefits small sites more why does 90% of internet traffic go yo just the top 1000 sites? Its because there is no liability and cost to operate in ways that hurt people and the world. A reduced order of the algorithms say chronological ordering or basic vote systems perhaps deserve section 230 protection but the friction roster of videos custom order to capture attention is a type of content production and perhaps needs regulations
There just wouldn't be that middle area where social media sites get to choose what you are allowed to say or read just because they have a monopoly on the data.
For instance, you could run your own individual Hacker News site that collects the data and creates the same thing you see today - except you could choose to only view posts and comments by sources verified as humans. Or you could turn on 'show dead' on a grander scale - your choice.
Section 230 isn't required for social media.
It’s baffling how many people think repealing Section 230 would make it easier for small people to host user-submitted content.
It would do the inverse: It would make hosting user submitted content legally untenable for all but the biggest players with the biggest ad budgets to comply with the laws.
In legacy media the platform is responsible for the content they present you. On new media platforms they are pushing out foreign propaganda and getting financially rewarded for it.
Repeal 230 and put all the controls of recommender system into the hands of the user. Present information chronologically by default.
In both Meta and Google's case, it has been found that it doesn't "consist entirely of user-submitted content", there is also "their software" promoting and recommending content and allowing to pay for higher visibility, and they should certainly be liable for at least this facet of what they do (and were both recently found to have intentionally designed it to be "harmful").
There is also the open question of whether the big tech companies are doing enough to police their platforms, which are all awash with scams, counterfeits and more. Their safeguards for "user-generated content" (somehow including physical goods on Amazon and apps for Android and iPhone) are another facet they should be liable for if it is insufficient.
Setting aside the valid point about self hosting made by another commenter, I'll note that we don't have to throw the baby out with the bathwater here. Section 230 need not apply to outlets that make "editorial" decisions and can remain in place for places that operate in a largely neutral and transparent manner (for example HN as I understand it).
I see no reason not to hold a tabloid responsible for what it publishes and I further see no inherent reason that highly customized feeds utilizing black box recommendation algorithms designed to benefit the operating party shouldn't be viewed as a form of hands on content promotion (ie editorial in nature).
To me the current arrangement seems like laundering responsibility with "well the algorithm did that, not me" which (IMO) is about as valid as "we didn't violate any financial regulations because we did it all in crypto".
The rest of us would have to beg for their permission to let our words be heard?
I don’t think you’ve thought this fantasy through.
My read of section 230 is that they do, and part of that responsibility is remediating bad content as soon as possible?
Whether that is currently being done to the fullest extent is debatable, but I dont see how getting sued into the ground for hosting user content at all even if they remediate it is better?
No. Section 230 protects websites from the liability that they might otherwise bear upon removing objectionable content. You may ask, why would removing objectionable content give someone liability? Because for legal "simplicity" some people want to treat the act of removing harmful content as legal knowledge that the harmful content existed, and if the website was "too slow" to remove harmful content then surely the website should bear responsibility for the harm caused by being "too slow" or possibly complicit.
It shouldn't be baffling to you; it's not even a hard problem to solve, and the only reason why things like ActivityPub aren't done more today is because of 230. A monopoly on data gives centralized social media an unfair advantage that's only possible through legal immunity.
Only the large powerful outlets will have the budgets and legal connections to host user submitted content.