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There's a key difference. Newspapers are responsible for what they print. They can get sued if they print things that are illegal, or even just wrong. With the
by repolfx 8y ago
There's a key difference.
Newspapers are responsible for what they print. They can get sued if they print things that are illegal, or even just wrong. With the editorial voice comes responsibility for what's said.
Technology companies have historically been viewed more as common carriers. In fact the term "common carrier" was invented to describe an earlier wave of technology companies. They are not responsible for what's said or done with their platform because they do not exercise editorial voice. The DMCA further solidified this notion in law by making it clear that if you respond to legal takedown requests you have a safe harbour and are not considered to be aiding-and-abetting crime if it takes place on your platform.
Right now tech firms seem to be trying to have it both ways. They want the scale, legal immunity and profits that come with bulk automation and claiming to be a common carrier. But then they want to selectively eliminate legal speech as well to make their employees feel good about themselves.
I suspect if regulation is introduced, it will work like that - editorial control cuts both ways. If Apple, Twitter, Facebook etc are going to exercise such control over their platform, they'll have to do it like newspapers do. That means if someone "publishes" something that triggers liability on their platform, it falls on them. In practice that would be impossible given their business models.
Edit: to be clear, I'm making a general argument here rather than about Apple specifically. Apple is a bit unusual in that it does (or at least did) manually review most content put on its platforms. In that sense Apple might well be able to argue it doesn't want or need common carrier status and it would be allowed to do this and equivalent things (removing Alex Jones apps), especially as it's not a monopoly. Also, I'm not explicitly advocating such a legal approach, I'd want to ponder it more first, just speculating on a likely potential future given that the legal tools and precedents already exist. Such a change in legal perspective would affect Twitter, Facebook and Google much more than Apple.
- madeofpalk 8y ago> In fact the term "common carrier" was invented to describe an earlier wave of technology companies. I mean, common carrier was applied to telecommunications services that acted as dumb pipes, carrying other people's content. Seeing as iTunes doesn't not host podcasts themselves and acts also as a editorial platform, it seems hard to say that Apple / iTunes is a common carrier (especially when the FCC, incorrectly IMHO, declared that broadband ISPs are not common carriers). Of course it gets even more complicated when these tech companies run actual news products, like Apple News. > Right now tech firms seem to be trying to have it both ways. Honestly, this is the main problem. We don't have good ways to deal with the roles and responsibilities of tech companies. Our old laws were made in 'simpler times' and can be awkward to apply to newer companies and the internet in general. Side note, I found this on the wiki: In certain U.S. states, amusement parks that operate roller coasters and comparable rides have been found to be common carriers; a famous example is Disneyland.
- repolfx 8y agoYes, I think in the case of Apple specifically you're right, I added an addendum to my post above clarifying that I'm making a more general argument now. If Apple had done this in isolation I don't think anyone would care. As part of a trend that seems to be affecting most companies based in the bay area, it is far more worthy of analysis and discussion as part of that trend.