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Reposting this here since just after I posted in the Ars version of this that got marked as a dupe: I consider myself an extremely strong First Amendment advoc
by xoa 8y ago
Reposting this here since just after I posted in the Ars version of this that got marked as a dupe:
I consider myself an extremely strong First Amendment advocate and "free speech absolutist" when it comes to government force, and I am also uncomfortable about where the line should be for "private entities" that manage to achieve quasi-governmental levels of power, though I do not think that any level of non-violent restriction is directly comparable to censorship via the government's monopoly on physical force.
That said, a major question for me that has been growing bigger and bigger in my mind over the last decade is what exactly should be Free Speech's answer to denial of cognition attacks (and I want to be extra clear that it is a question, I have not been able to come to at all a satisfactory universal answer myself yet). Likely everyone on HN will be familiar with the concept of resource exhaustion attacks in the context of computers and networks. DOS mitigation has regrettably become a near requirement for any significant public facing Internet service. But fundamentally resource exhaustion attacks apply equally well to humans. In the idealized world of discussion and debate and philosophy abstract models of conduct are often used, but at the end of the day "implementation" still comes down to individual humans, each of whom only has so much mental capacity and so much time. And many arguments involving reality can easily be asymmetric too: it takes very little time and energy to make an assertion but a great deal to disprove it. Reality is under no obligation to be simple and elegant to human preferences.
I have seen this get put into practice with ever greater sophistication on a lot of my favorite forums. Someone arguing BS will throw out a bunch of simple stuff that takes a great deal of careful posting to show is wrong. If people volunteer their time to answer in that thread, it does no good in preventing the exact same assertions from being tossed out again (maybe remixed) in a new thread a week or month or whatever later. Eventually people just get tired or are busy. If they try to point towards a centralized source instead, that source can then be attacked and you see "argument from authority durr" and the like thrown out. It's bad faith but in a way that exploits a lot of the norms around free speech and argumentation, which classically didn't have the same scaling and automation threats. In fact, perhaps even more pernicious is when it's not bad faith but someone who has been fed a bunch of stuff they are arguing in all earnestness, yet there simply isn't time to address them individually. They must be directed to authorities and be expected to educate themselves on it.
I'm not sure what the answer is but we do clearly have a problem as some of the previous natural barriers due to cost of speech have fallen. It is common to speak of a "Marketplace of Ideas" when it comes to Free Speech, but it's important to remember that "Free Markets" are specific real tools that require regulatory support to function and have no goals of their own. Costs need to be internalized, information and processing ability needs to be symmetric, there needs to be a shared base of legal structure and norms to work on top of. Getting too far away from that results in market failure. I don't know how that might be translated to Free Speech but I do think we're seeing a "market of ideas failure" to some extent right now, and that it could easily get much worse in the near future unchecked. There is a need for better ways to improve the signal/noise cost function, and for systems to re-internalize that the point of Free Speech, of marketplaces of ideas or markets of anything at all, is to come up with good products. They're tools to serve humanity. Bad ones shouldn't be banned by force but they shouldn't be flourishing either, if they are then something isn't working.
- eksemplar 8y agoI think the answer is fairly easy. If someone is an asshole online, you ban or ignore them. Free speech is the right to speak your mind without being prosecuted by the government, it’s not the right to force your opinion on people who don’t want it.
- xoa 8y agoTo call that "fairly easy" seems a little overly glib maybe? I mean just look at the HN comments on this, or the comments on the WSJ article or the Ars version. Lots of people have internalized that banning people is "censorship" and nearly always wrong, and that the "right answer" to bad information is more information. Of course that framework for dealing with info attacks doesn't really address what to do when the shear amount of information is the attack. As it stands though, within current speech norms and ideals of debate dating back to Athens at least, there are lot of people very angry about bans. And that matters to commercial entities in particular, which means banning isn't "easy" (even ignoring the lack of any time equivalency token system to deal with the economics of suspensions or bans better). >Free speech is the right to speak your mind without being prosecuted by the government, it’s not the right to force your opinion on people who don’t want it. You don't need to tell me that, I covered in the first paragraph of my post. But it's not unreasonable to talk about wider concepts for the "marketplace of ideas" as it serves society beyond the critical foundation of the 1A. I think we may need better norms and tools to help private entities in determining where lines should be and how to go about that. And I also think it's disingenuous to not address private entities that achieve levels of societal power that approach modern government even if they don't have armies of their own, particularly when there is in fact subtle government backing down the chain somewhere (DMCA for example).
- eksemplar 8y agoI think it’s fairly easy. It’s not my fault people have the wrong assumption that free speech meant you could say what you want without consequences. Part of why free speech work is because adults accept responsibility for their actions, and part of that is living with the consequences of how you behave. When you offend people for a living, people are going to get offended and then they genuinely won’t want to listen to what you have to say. Which is their right.