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United States Social Networks The Internet

US Senators Propose Limiting Liability Shield For Social Media Platforms (reuters.com) 252

Three Democratic U.S. senators introduced a bill that would limit Section 230, a law that shields online companies from liability over content posted by users, and make the companies more accountable when posts result in harm. From a report: Called the SAFE TECH Act, the bill would mark the latest effort to make social media companies like Alphabet's Google, Twitter and Facebook more accountable for "enabling cyber-stalking, targeted harassment, and discrimination on their platforms," Senators Mark Warner, Mazie Hirono and Amy Klobuchar said in a statement. In the wake of the Jan. 6 storming of the U.S. Capitol in Washington, lawmakers have been studying ways to hold Big Tech more accountable for the role they played in the spread of disinformation before the riot and about policing content on their platforms. The bill would make it clear that Section 230, which was enacted in 1996 as part of a law called the Communications Decency Act, does not apply to ads or other paid content, does not impair the enforcement of civil rights laws, and does not bar wrongful-death actions.
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US Senators Propose Limiting Liability Shield For Social Media Platforms

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  • End run (Score:2, Insightful)

    by MitchDev ( 2526834 )

    Looks like they are trying to use the law to circumvent the First Amendment by threatening social media companies wallets, making too scared to let users post what they want. Total BS....

    • Re:End run (Score:5, Insightful)

      by ahodgson ( 74077 ) on Friday February 05, 2021 @01:24PM (#61031360)

      Never let an opportunity go to waste. The media and the rich (a pointless distinction I know) both would prefer that people not be able to reach the masses without going through their filters.

    • This is exactly what they're doing. I hate to break it to them, but "discrimination", whatever that means, is protected by the first amendment outside of maybe an employment or public accommodations context. It's certain protected to the extend of registering your opinions on gender, race, or whatever no matter how dim-witted they may be.

      Instead of imposing direct controls, the government will just let "civil" courts do it. Now, correct me if I'm wrong, but without government force "civil" courts have no po

    • Problem #1 is to make companies liable for data protection and also for selling their data to abusive companies. Losing personal data collected should be so expensive that companies will collect it less often and also only save deeply anonymized summaries that can't easily be inverted. You do this via their wallet. And you do that by making it a civil law (so they can be sued) not by crimminalizing it or regulating it with fines.

      Problem #2 is some sort of reasonable right to impose speech restrictions.

    • by hey! ( 33014 )

      Not really. The First Amendment, the Amendment itself doesn't immunize anyone from liability for speech. It never has. That was the whole reason for Section 230 in the first place. It promotes the same underlying interests as the First Amendment, but by means outside the scope of the Amendment.

      • Re:End run (Score:5, Informative)

        by burtosis ( 1124179 ) on Friday February 05, 2021 @03:23PM (#61031872)
        This is correct, it’s also not private citizens job to uphold the free speech the government grants. Trying to force that is forced speech. This is why i think the government should have competing services because this is the town square of the future and people need to be allowed free speech under the constitution and the government is the only one that can provide it. Note it wouldn’t be freedom from consequences nor freedom from legal repercussions, but the reason America was founded was to get away from king bullshit and a handful of players controlling the entire market is getting less and less different every day.
  • propaganda (Score:2, Insightful)

    by tacokill ( 531275 )
    studying ways to hold Big Tech more accountable for the role they played in the spread of disinformation
    Translation: they don't think they censored ENOUGH
    • This will require anyone hosting user-generated content to have a huge team of moderators. This will favor established players who could afford such an outlay of cash, and, basically, eliminate any startup without a large pool of capital backing them trying to dislodge established players. This is great news for the established social media companies, and capital investment firms.

    • by sinij ( 911942 )

      Translation: they don't think they censored ENOUGH

      Exactly, but we never expected Democrats to agree with GOP that Section 230 allows arbitrary rules and censorship that amounted to editorial control over the platform.

    • by AmiMoJo ( 196126 )

      What did you think S230 reform was about? Surely you didn't buy all that freeze peach stuff?

    • studying ways to hold Big Tech more accountable for the role they played in the spread of disinformation

      Translation: they don't think they censored ENOUGH

      An accurate statement. I don't think they have done nearly enough to combat disinformation. You can claim the "marketplace of ideas" but you should realize that the idea that the Earth is flat has only gained traction in recent years due to social media.

      Disinformation is harmful to society because all democracies depend on accurate information.

  • by Frank Burly ( 4247955 ) on Friday February 05, 2021 @01:01PM (#61031252)

    The bill would make it clear that Section 230, which was enacted in 1996 as part of a law called the Communications Decency Act, does not apply to ads or other paid content, does not impair the enforcement of civil rights laws, and does not bar wrongful-death actions.

    If it is just a clarification of existing law then who cares? But if it creates new obligations for online forums then there should really be some market-share floor or something that doesn't entrench the existing giants. Klobuchar says “We need to be asking more from big tech companies, not less,” but the fact that she is targeting big tech does not mean that the law won't impact smaller websites with nonexistent legal budgets.

    • by Tablizer ( 95088 )

      But if it creates new obligations for online forums then there should really be some market-share floor or something that doesn't entrench the existing giants.

      I propose it only applies to content items exceeding a threshold of viewers. Forum hosters can't police every last nut.

  • This isn't too hard - our society does not allow the government the power to limit free speech. It therefore follows that they cannot offer protections for companies that are limiting free speech - they simply don't have that power, regardless of what any statute claims.

    To think that a society could have a limited government but then allow that government to circumvent the limitations by protecting organizations that do an end-run around the limitation is to have no concept of limited government at all.

    So,

    • God, I can't believe you just wrote something so utterly fucking insipid. I can't even tell if you're being serious or not, it's so stupid.

      They aren't offering any "protections" from anyone but themselves, you dingus. What you are proposing is like a mob protection racket. 'Oh, by not shutting you down or allowing our civil courts to send men with guns to take money from you, we are 'protecting' you, so you better fall in line citizen!'".

      Did you seriously just have a stroke or something, that is some _real_

    • by hey! ( 33014 )

      This isn't too hard - our society does not allow the government the power to limit free speech. It therefore follows that they cannot offer protections for companies that are limiting free speech

      The problem with this reasoning is that you've missed a few important points. First, this is a case of *competing* private free speech interests. Everyone knows that the government can prevent newspapers from printing things the government disagrees with, but what is less well known is that the government can't force a newspaper to print things the *newspaper* disagrees with. Freedom *from* compelled speech is just as much a First Amendment protection as freedom of expression.

      Second, the First Amendment

  • Have about solving the root of the issue. The big ass tech companies. They make it too hard for another service to pop up. Break those up, then join the echo chamber you like more.
  • When Senators Hawley and Cruz are your biggest allies on the policy you're pushing? Yeah, you might want to rethink that

  • Sooner or later we're only going to be allowed to have authorized thoughts online.

    We really need a decentralised social media platform where we can talk about whatever we want.

    Sure, assholes will talk about being assholes, and law enforcement will do what they've always done by *cough* penetrating *cough* these groups of assholes (and in some cases running them), but why should sensible people be restricted from talking about other subjects (for example Government malfeasance revealed in Wikileaks documents

    • We really need a decentralised social media platform where we can talk about whatever we want.

      Decentralized platforms exist. No one uses them. The "social" part is entirely absent because there's no one there.

      Decentralized platforms will never be popular. There are two reasons for that. One reason is the asymmetry of the vast majority of consumer Internet connections. Downstream bandwidth can be one or even two orders of magnitude slower than upstream. Without the ability to send data as fast as people can download it, no one is willing to use a decentralized system because it's too slow.

      Even

      • Downstream bandwidth can be one or even two orders of magnitude slower than upstream.

        Shit. Backwards. Upstream can be two orders of magnitude slower than downstream.

  • Yes we now have to limit the ability to sue a common carrier for free speech, yet only on social networks? We do not do the same for Cell Phone voice and SMS. Or is that next? every text to get audited for content? every voice conversation run through an AI to monitor for improper newspeak? Lets get on this AI app developers! Our Comrades in government need our help to control speech.
  • by rsilvergun ( 571051 ) on Friday February 05, 2021 @01:16PM (#61031328)
    It lives and die by Section 230. Without it we'll end up with the same sort of legal quagmire that you have with the DMCA. Websites will ban your account at the first sign of Trouble rather than risk pricy lawsuits. Say good bye to free speech of any kind.

    Make no mistake, this is the folks at the top asserting control of the Internet. If they understood what it was back in the 90s they never would've let us have it in the first place.
    • by PPH ( 736903 )

      It lives and die by Section 230.

      Nope. Some of the better sites on the Internet don't fall under CDA Section 230 protection (being foreign hosted). And they have much stricter slander laws as well. The are doing just fine, thanks. And often are better sources of unbiased information than TwitBook.

      • See, ... you using the term "unbiased" alread shows, how brutally clueless you are about anything.

        Not being biased is literally impossible for a neural net (like a brain). It is its only mode of operation and entire point.

        "Unbiased" is just what people call everything that fits their own bias (or the cult they subscribed to), whem they are so full of themselves, that they think the entire world of righz and wrong revolves around them, and they got the ultimate truthiness. Especially if they want to hide tha

        • by alexo ( 9335 )

          The only thing that is completely free of bias is pure math.
          Stating that the area of a circle is Pi times the square of its radius is objectively unbiased.

          That said, most people use a less formal (and less pedantic) meaning of "unbiased" in daily conversation (similarly to the culinary meanings of "vegetable" and "fruit" differing from their biological definitions).

          For news reporting, a good definition of "unbiased" would be not jumping to conclusions before knowing the facts, not trying to play down (or ou

      • the ones I know shut down their comments section ages ago....
    • I understand the sentiment, but you can run a website and say whatever you want at negligible cost. You don't need Youtube or Facebook for that. Section 230 limits liability for third party content, but that's not necessary if you're self-publishing. You're always liable for the stuff you write, whether it's on your own page or on some big corporation's website.

      Shielding web sites from the transgressions of their users has caused the concentration of power in a few hands. Arguably this is not what the peopl

      • is difficult and expensive. You need Facebook & Twitter because if you're going to do anything besides the digital equivalent to street preaching you need their audience.

        We're talking about silencing unpopular opinions that oppose the establishment. The folks running the show don't care how you're silenced. If they can keep you from getting the message out by relegating you to a tiny blog they win and you (and all of us) lose. The status quo (and their wealth and power) is maintained.

        Oh, and if
  • "Once you've built the big machinery of political power, remember you won't always be the one to run it."

  • WhatsApp implemented some interesting soft measures to reduce spread of harmful information.
    My favourite one is that stuff that "has been forwarded many times" can only be re-forwarded one contact at a time. I'd love to see the data of how well this works to reduce the spread of nonsense.
  • Such a law violates the 1st Amendment and will be struck down.

    • How so? Before S230 was created in the 1990s, did liability law as it existed at the time, already conflict with 1A?
  • by ZombieCatInABox ( 5665338 ) on Friday February 05, 2021 @01:31PM (#61031388)

    You think you had it bad with Trump ? Wait till the female version of Trump runs for President in 2024.

    Need I remind you that that psychopathic evil bitch is a democratically elected member of Congress ?

    How would you like to work everyday in the same room with a person who declared publicly that someone should put a bullet in your head ?

    In 2016 I lost all hope in humanity. So I would absolutely not be surprised at all if in 2024, the first female president of the United States would be that purely evil sack of pus. Oh yeah, and I'm never setting foot again in that miserable shithole that is Georgia.

    • Is she the one who thinks jewish space lasers started the California wildfires?

      • Is she the one who thinks jewish space lasers started the California wildfires?

        Not in so many words, but effectively yes.

        Having read what she wrote, I can say she seems to believe that space solar power satellites actually exist and were being used in weaponized forms to start the California wildfires. With descriptions lifted directly from the "UFOs are aliens" loonie birds. She may be the most credulous fool to be elected to national office in the modern era. Colossal ignorance on two feet, and proud of it.

      • She's a firm QAnon believer. That's all you need to know.

    • If you leave belief/religion, capitalism, sociopathy/anti-social behavior, partisanship, nationalism, the belief that there is such a thing as races, and general stupidity and insane social viruses that plague US society at home, you're welcome to come over the pond, mate.

      Avoid the UK though. Their politics make the US look like amateurs. (And Hungary and other borderline N@zi states too.)
      In general, unless you like plattenbau prefab high-rises and vodka, I'd avoid the east. ;)

      So it's either hairy passion i

    • Trump has 2 things going for him.

      1. He's a man. The polls are very, very clear about this even if we don't like to talk about them. Voter will vote for a man they don't like but who feel is qualified. They will not do the same for women. This is why women have a harder time winning elections. Discuss among yourselves why this is all you want, but the polling has always born this out.

      2. Trump is a celebrity with decades of building that up in a way MTG can't.

      She's also an embarrassment to the par
  • Is this enough where no sane company would allow third-party content on their website?
  • so I can now sue you if soembody commits a crime on the government's streets?

    Because I think you should do your damn jobs, and walk the beat, online aswell as offline. And not ofload your duty, that we pay you for, to erect privatized totalitarian virtual police states that think they can do anything "because they are a private business". (Example: Free speech rules not conforming to the laws of the country.)

  • All this bill will do is require sites to hire tons of moderators. That favors the incumbents.

    But many of you are already fine with this in principle because you think it's A-Ok for Apple and Google to set the content moderation policies for sites that distribute apps on their stores.

    You say "no no, that's the free market. It's voluntary actors" and other bullshit. The effect is the same. They have to comply and hire tons of moderators, even some little site with barely 300k active users lost its app becaus

  • Not Public Spaces (Score:5, Insightful)

    by DesertNomad ( 885798 ) on Friday February 05, 2021 @02:11PM (#61031548)

    None of these companies are public spaces, so what happens in their walled gardens is their business, and arguably should be their liability. 230 appears to protect them from some amount of that liability.

    As a possible analogy, these entities are similar to (at least in concept) the old-school malls that largely replaced downtown retail districts back in the day. Once someone stepped onto that property, they were no longer in the public space but on that entity's private property, and then subject to the rules of conduct that the mall owners specified. If the mall owners allowed or sanctioned activities that impacted their business or their tenants, that was their business and liability. There were AFAIK no protections for those brick and mortar entities. Why would on-line entities be any different?

    Since none of the on-line companies' walled gardens are public spaces, those who show up in those walled gardens can't claim First Amendment rights to say whatever they wish, if it offends or creates liability for the entity that owns the space.

    The town square is a public space. Everyone is free to stand there on a soapbox and say whatever they want. Whether or not it's appreciated by the others in that town square, that's another matter, but that speech is protected.

    If you want to say whatever you want, rent yourself a website, and remember that it's not a public space, but one hosted generally by a private entity. And remember that the pipes that connect you to the rest of the world are generally owned by private entities. The Internet as it is today is legally more restrictive than any public space.

    • by twdorris ( 29395 )

      None of these companies are public spaces

      Yes, they are. In fact, I'd argue they are even larger that traditional public spaces like those "Hear Ye" street corners or market squares from the days of yore.

      They *ARE* public spaces by everyone's natural expectation. Anyone can pull up a Facebook page and read what someone says there. It is, by definition, NOT a private space.

      The problem we're all struggling with here is unique (or at least relatively new) where a private company controls what is, effectively, a public space. There has been no prec

  • Unworkable in practice

    Using humans to judge content is impractical for two reasons. There are hundreds of billions of posts to look at. Even an army of inspectors would get overwhelmed. People have opinions and biases. What's offensive to one person is fine for another

    Using robots is also unworkable. Robots are stupid, really stupid, and people are good at figuring out how to get around their stupid rules. Even if the robots could be programmed to be smart, it would still be a problem. Most people agree abo

  • There should be a middle ground between no liability and full liability. If there were no shield, then the online companies would have to have a 100% accurate filter for content. Otherwise, a competitor company or some malicious actor could simply bombard that online company with postings that should be filtered. Any legal shield or lack thereof should consider the current practical limitations of filtering, both in terms of state of the art technology and the wide variance in what different people consi

  • SAFE TECH Act

    In case anyone thought this was just shouting, "SAFE TECH" is an acronym (more likely backronym) for "Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms". (This is not mentioned in the linked article; here's Warner's release about it [senate.gov].)

    I don't have to read a single thing about the bill to know it's near-certain bullshit: I'm not aware of any act or proposal put forth with a name that makes a cutesy-acronym to be anything less than vile. (It's not impossible for a goo

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