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Social Networks The Courts United States

Parler Sues Amazon Again, After Dropping Original Lawsuit (reuters.com) 169

Social media app Parler has dropped its federal case against Amazon.com for cutting off its web-hosting services and filed a separate lawsuit against the company and its web services unit in a Washington state court, according to court documents from late Tuesday. From a report: The new lawsuit filed by Parler accused Amazon of defamation and breach of contract. Parler, an app popular among American right-wing users, came back online last month after going dark in January as many service providers pulled back support, accusing it of failing to monitor violent content related to the Jan. 6 attack on the U.S. Capitol, the nation's legislative seat, by supporters of then-President Donald Trump. Parler sued Amazon, accusing it of making an illegal, politically motivated decision to shut it down to benefit Twitter but a U.S. judge rejected its demand that Amazon restore services for the platform later in January. A month later, Parler re-launched its services online and said the new platform was built on "sustainable, independent technology."
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Parler Sues Amazon Again, After Dropping Original Lawsuit

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  • No legal case (Score:5, Insightful)

    by rahvin112 ( 446269 ) on Wednesday March 03, 2021 @04:10PM (#61120576)

    You can't force someone to do business with you under US laws.

    Now you could claim breach of contract if you had a contract that didn't allow Amazon AWS to terminate your hosting but I doubt any such contract exists. And even if you did the only thing you could ask for is monetary damages.

    It would be the end of free speech and free association in this country if AWS was forced to do business with someone they didn't want to.

    • Comment removed based on user account deletion
      • You can't force someone to do business with you under US laws.

        Yes, you very much can.

        A child's assessment at best. If you only read the link, you would have read that it only "outlaws discrimination based on race, color, religion, sex, national origin, and later sexual orientation and gender identity."

        A protected class is required to be a trait of the individual and not of their character (as expressed through actions). Religion could be considered the exception but we even then we realize that allowing discrimination based on religion is a bad idea (since it's kinda why this country got

        • sure, but still, it means you CAN force someone to do business with you under US laws.

          • Sure... everything is just a constitutional amendment away.

            • Even with the current constitution you can do it. You can force a racist white supremacist business owner to sell to non-white people even if the racist wouldn't want to.

        • Comment removed based on user account deletion
          • I didn't need to read it. I'm familiar with the law already.

            Apparently you do need to read it because you lack all but the most basic grasp on the law.

            Read it and cry or vice versa.

    • First of all, this freedom you are worried is going to end? Has never really existed. In the history of the United States the what you can say and who you can associate with has always been heavily regulated.

      Furthermore, as time has gone on, the USA has recognized that if you are a business that is open to the "public" that if you want to deny someone service, you're going to have to find a reason to deny them that doesn't have to do with a growing list of protected categories (i.e. race, religion, etc).

    • > You can't force someone to do business with you under US laws.

      Sure you can, at least in some contexts, just not for webhosting in general. But how does that apply to a suit for breach of contract and defamation?

      Defamation lawsuits aren't exactly about "forc[ing] someone to do business with you" so this reads like the comment of someone who didn't make it to the third sentence in the summary which clearly points out the grounds they're suing on have nothing to do with what you said.

      Mind you, I think th

  • Defamation? (Score:3, Informative)

    by UnknowingFool ( 672806 ) on Wednesday March 03, 2021 @04:49PM (#61120708)
    Breach of contract is applicable although it will be a tough case. But defamation? All Amazon has ever said was that Parler breached the contract when it failed to moderate their content.
    • If a service provider publicly says your account has been terminated for, say, "Sexually suggestive or showing partial nudity" when that's plainly not the case, then they are spreading material and defamatory lies about you to the general public. This is one angle to get around their Section 230 protections.
      • First of all please cite what Amazon has said. Second Parler did have objectionable content posted by their users. This a fact. Third you do understand that unflattering statements does not mean defamation. Please learn what defamation is.
  • https://beta.documentcloud.org... [documentcloud.org]
    The fine contract is here: https://aws.amazon.com/agreeme... [amazon.com]

    Having only skimmed it, the complaint seems to boil down to:

    1. Parler and Amazon had a contract written by Amazon.
    2. Amazon was not entitled to cancel Parler's service because Parler was not breaching the agreement.
    3. Amazon acted in bad faith with Parler because they want to boost Twitter and suspected that Trump would soon go to Parler.

    There is little doubt that Amazon could have reasonably believed that Parler's users

    • https://beta.documentcloud.org... [documentcloud.org]

      The fine contract is here: https://aws.amazon.com/agreeme... [amazon.com]

      Having only skimmed it, the complaint seems to boil down to:

      1. Parler and Amazon had a contract written by Amazon.
      2. Amazon was not entitled to cancel Parler's service because Parler was not breaching the agreement.
      3. Amazon acted in bad faith with Parler because they want to boost Twitter and suspected that Trump would soon go to Parler.

      There is little doubt that Amazon could have reasonably believed that Parler's users posed "a security risk to the Service Offerings or any third party"—thereby allowing Amazon to terminate regardless of Parler's culpability. The complaint does not address the "security risk" language from the AWS agreement (based on my word search). It's a 66 page complaint, why not grasp the nettle?

      I haven't read a ton of legal complaints, but this one strikes me as being a lot more whiny than usual. I suspect it's written more for social media than a judge.

      • Reading the first parts of the complaint, it reads more like fan fiction than a legal document. Parler wants to tell a narrative; courts typically deal with facts. Normal complaints are matter of fact. Instead Parler infuses phrases like it was "one of the hottest apps on the Internet" and concludes that Amazon conspired to "kill Parler". In the kitchen with the candlestick while twirling their moustaches, no doubt.
    • What kind of security risk do you see them posing?

      • I think that by January 9th, the National Guard was sleeping in the Capitol to keep the seditionists out. Parler was used by some of them to organize, and when Amazon stopped providing service, they could very reasonably claim that they felt the threat was ongoing and that Parler might be used in furtherance. I think that reasonable belief disposes of whatever claim was being addressed around paragraph 122 of the complaint.

        From the complaint, I have the sense that Parler thinks it was treated worse than Fac

      • by cusco ( 717999 )

        Physical. The AWS SOC was put on high alert and they had armed guards patrolling their sites because of very viable threats by the rightwingnuts.

  • by RoccamOccam ( 953524 ) on Wednesday March 03, 2021 @05:36PM (#61120866)

    The Department of Justice has now charged 223 people for their participation in the events of Jan. 6. A comprehensive analysis of those charging documents performed by Forbes [forbes.com] demonstrate that Parler’s role was minimal, compared to that of Facebook, YouTube, and Instagram.

    Of the 223 charging documents, 73 reference posts on Facebook as evidence, 24 reference posts YouTube, 20 single out Instagram posts (owned by Facebook), and only eight highlight posts on Parler.

    In the immediate aftermath, Sheryl Sandberg, Facebook’s chief operating officer, claimed “These events were largely organized on platforms that don’t have our abilities to stop hate and don’t have our standards and don’t have our transparency.”

    • by HiThere ( 15173 )

      Now prove that Amazon believed that at the time they suspended Parler.

      It may well be true, but I can't imagine successfully proving it without a recorded exchange of emails between Amazon executives that has a verifiable chain of custody. And even if it *is* true, that doesn't mean that Amazon couldn't argue that they could more easily halt Parler, and it was better to do something than nothing. (And that they aren't required to treat their customers equally, when some were more profitable than others.)

      So

    • First, AWS has been warning Parler that they were in violation since September. The seditious insurrection wasn't the first violation, it was the final straw.

      Second, Facebook, et al, banned or otherwise punished those people when they were found. Parler was in trouble because they were not moderating calls for violence even when AWS gave them specific examples and said "You have to stop this kind of thing or you're going to be thrown out". Parler didn't even bother moderating the specific examples AWS ga

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