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Justice Dept. Urges Rolling Back Legal Shield for Tech Companies (nytimes.com) 247

The Justice Department released recommendations on Wednesday to pare back the legal shield for online platforms that has been crucial to their growth since the earliest days of the internet, taking a direct shot at companies like Facebook, Twitter and YouTube that have come into the cross hairs of the Trump administration. From a report: In a 25-page recommendation, the agency called on lawmakers to repeal parts of a law that has given sites broad immunity from lawsuits for words, images and videos people have posted on their services. The changes to the law, Section 230 of the Communications Decency Act of 1996, would put the onus on social media and other online platforms to more strongly police harmful content and conduct while also being consistent about their moderation. The Justice Department proposal is a legislative plan that would have to be adopted by Congress. It adds to growing calls in Washington, from elected officials of both parties, to change Section 230. Last month, President Trump signed an executive order to limit protections for online platforms. Joe Biden, the presumptive Democratic nominee for president, has criticized the law before, too. On Capitol Hill, Republicans have become increasingly critical of Facebook, Google and Twitter for abusing the safe harbor to take down content that employees disagree with, including conservative views.
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Justice Dept. Urges Rolling Back Legal Shield for Tech Companies

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  • Ok fine (Score:3, Interesting)

    by fustakrakich ( 1673220 ) on Wednesday June 17, 2020 @02:26PM (#60194176) Journal

    Just as soon as we get rid of qualified immunity for the cops

    • Re: (Score:3, Informative)

      by fahrbot-bot ( 874524 )

      Just as soon as we get rid of qualified immunity for the cops

      And rule against absolute immunity [go.com] for the/this President.

      Attorneys for President Donald Trump this week will ask the U.S. Supreme Court to grant him sweeping immunity from investigation by Congress and local prosecutors into his conduct as a private citizen, as long as he's still in office.

      During oral arguments in three cases Tuesday, the justices will explore Trump's claim that he cannot be subjected to subpoenas or any criminal investigative process, by virtue of the demands of the presidency.

      The assertion of expansive presidential power comes as Trump faces an array of mounting requests for his personal and business financial records. His efforts to challenge the subpoenas in federal courts have, so far, been unsuccessful at every level.

      I'll note that "the demands of the presidency" for Trump mainly consist of: golfing, rage tweeting and attending campaign rallies -- he's super busy. /sarcasm

      • many of us seem to be on this same wavelength.

        to tech companies: lets remove their 'shield'

        to cops: NO! don't touch OUR shield! we demand to keep QI

        to heir twitler: NO! I want to be able to break any law and be untouchable (while he tweets 'LAW AND ORDER')

        you guys are not even TRYING to hide your bullshit, anymore. damn.

    • by sycodon ( 149926 )

      Just as soon as we get rid of Qualified Immunity for the judges, prosecutors, legislatures, and bureaucrats.

  • by Midnight Thunder ( 17205 ) on Wednesday June 17, 2020 @02:44PM (#60194274) Homepage Journal

    Given some of the stuff said on Twitter by the current US president, would that not mean he would actually find his own tweets being removed?

    • I agree. I think that all of the hateful rhetoric currently associated with conservatism will be the stuff that will come down first. I don't think they understand what they are asking for...

    • by DarkOx ( 621550 )

      No because unlike you Trump is smart enough to understand this will effectively kill Twitter. They would only hurt traffic to their site more by shutting him out, making their situation even worse.

      He is the POTUS! He has people who can stand up some LAMP servers with Wordpress installed if that comes to pass, and because he is POTUS at least the press and friendly conservative media will monitor what gets posted their and give him all the exposure he wants; on the flip side the uncoordinated response to his

  • Uncle Sam's pockets are getting a little light lately and need to be filled. Such nice big tech companies you guys have there. It would be a shame if business suddenly became a lot more difficult.

  • by MobyDisk ( 75490 ) on Wednesday June 17, 2020 @03:20PM (#60194500) Homepage

    Section 230 has always been a trap. Here's why:

    3M is not responsible for what people write on post-it notes. Epson is not responsible for what people print on their printers. BIC is not responsible for what people write with their pens. Governments are not responsible for what people do on their roads. Ford is not responsible for what people do in their cars. Glock is not responsible for what people do with their guns. Newspapers have never been liable for opinions written in letters to the editor, or classified advertisements. Common carriers like telephone companies and package delivery companies were not responsible for what people put in their packages. -- And all of these things were true before section 230 existed.

    I was around when the CDA was passed, and at the time I argued against it because it legislates what is already necessary and true. It is dangerous to allow congress to pass laws like that because it is just a setup to repeal them later and undo a legal principle that already existed. For example: never allow congress to pass a law explicitly allowing flag burning, because flag burning is already legal. Don't let congress pass a law allowing people to use curse words or kiss in public or wear the color red. All it means is that they will repeal the law later and claim it is now illegal. It's a trap.

    I soooo want to go back and find my old posts on this topic from the wee era when Slashdot was formed.

    • I was around then too. I had black pages with blue ribbons, the whole lot.

      I don't think it was a trap. But then, my focus at the time was on the other parts of the CDA.

      You won't have much luck looking though, as the CDA was enacted and largely found unconstitutional all before Slashdot started up. Maybe Chips and Dips had something; that predates me.

    • by DarkOx ( 621550 )

      Newspapers have never been liable for opinions written in letters to the editor, or classified advertisements.

      Where did you get that idea? If they knowingly publish a statement that is false, even if they attribute that statement to a specific author letter writer etc, they absolutely could face libel damages if sued.

      Now it does not come up often for 2 reasons. First most print media is responsible enough to not run unfact checked content that would be defamatory (which has its own specific legal meaning) regardless of source, editorial section or not. Second, print media rarely runs controversial content about pe

    • by fermion ( 181285 )
      Glock is not responsible for what people do with their guns because there is a law. And this is a good example because gun manufactures are shielded broadly from lawsuits, which is what the so-called section 230 does. For instance, gun manufacturers promote guns in large markets where they no legal by selling in neighboring small markets. This is legal, but legislation makes sure that everyone understands it is legal.

      The law in question actually simply defines these services in such a way that the cond

  • by Tulsa_Time ( 2430696 ) on Wednesday June 17, 2020 @04:30PM (#60194806)

    "When NBC published their background conversation with Google yesterday the media outlet made a big legal mistake. NBC not only outlined the mechanics of a racketeering and antitrust violation, via Google’s power to control on-line ad revenue as a weapon to target NBC’s competition, but NBC outlined the actual collaborative communication.

    NBC did the worst thing possible, they published the quotes from Google’s response to them where Google willingly accepted the request from NBC without pause. The collusion was not only clear, it was self admitted. What made the issue more explosive was the NBC article explained the motives of both organizations; the targeting was intentional and specific. The goal was to take-down The Federalist news outlet by removing their revenue. There was no ambiguity of purpose, and Google knowingly agreed with the intent.

    Within hours of realizing the consequences of the publication, the legal offices of NBC and Google both activated and attempted damage control. The NBC article was completely rewritten and the communication between them and Google –as quoted– was removed. For its part Google published a statement saying no action had been taken, and later they professed no action would be taken. However, the damage was already done.

    NBC’s hubris put both Google and NBC in the sunlight of their own admissions.

    Google’s monopoly control of internet ad revenue made their agreement with NBC to target a competitor a transparent, and admitted, antitrust violation. Without question, that stark admission is what triggered the timing of the DOJ public statement today.

    The DOJ needs congress to take action, modify the law, and update the outdated immunity for online platforms under Section 230 of the Communications Decency Act of 1996."

    -- From Sundance @ the CTH

  • I mean obviously there's not a person in the administration who has ever read the classics, but I'd have thought at least one of them would be vaguely aware of the concept... when the tech companies are no longer shielded from the consequences of hosting harmful content, what exactly do the muppets pushing for this roll-back think is going to happen next? Has it really not occurred to them that the tech companies will pre-emptively take down content that could be labelled harmful -- including all the bilge

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