4 ms·
That text is quoted from Section 230. The reason Section 230 was introduced is that, long ago, if platforms did literally any moderation on their site, they wer
by geofft 6y ago
That text is quoted from Section 230. The reason Section 230 was introduced is that, long ago, if platforms did literally any moderation on their site, they were considered to be taking an editorial role and liable for all the things they failed to moderate (e.g., if someone posted libel, the platform would have liability for it), so there was an incentive not to moderate at all, because you wouldn't get it 100% right. For pre-online platforms this was fairly reasonable (e.g., you could hold a newspaper responsible for its columnists publishing libel) but it put a serious damper in real-time user-contributed online forum.
Section 230 said that if a platform acts in good faith for those moderation reasons you list, that doesn't cause them to gain liability - they're still in the same place as if they didn't moderate. If they exercised active editorial control, then they'd be responsible (e.g., you can't just host a pro-harassment forum and solicit other people to post harassing comments and expect Section 230 to protect you), but as long as you only do normal moderation of obviously bad stuff, you're fine.
This draft executive order says, we're interpreting that part of Section 230 to specifically not count "deceptive or pretextual actions restricting online content" as normal moderation, presumably including things like flagging Trump's tweets for misinformation.
That leaves Twitter with two choices: 1) forfeit Section 230 protection and be responsible for all the content on their site (i.e., they'd have to heavily and reliably moderate every single tweet) or 2) stop flagging Trump's tweets for misinformation and do even less moderation so they maintain Section 230 protections.
- jimbob45 6y agoI appreciate you trying to explain because I'm genuinely trying to get to the bottom of this. Would you not agree that "deceptive or pretextual actions restricting online content" is broad and would be difficult to prove in court?
- geofft 6y agoYes - but the order directs the Secretary of Commerce, the NTIA, and the FCC to make some regulations to clarify what exactly that means. I don't think the text in this order, by itself, purports to change how any court is interpreting Section 230, yet - just how executive-branch departments interpret it.
- akvadrako 6y agoCurrently they can amount to the same thing. Courts defer to agency interpretation when the law is ambiguous or open ended. However there is a scotus case now which might change that.
- hondo77 6y agoChoice 3) kick Trump off Twitter. They don't even have to give a reason like "excessive posting of misinformation". Just kick him off. No law saying they can't. Heck, the entertainment value alone would be worth it.
- blisterpeanuts 6y agoMaybe not illegal, but is it good business to eliminate a user with tens of millions of followers?
- bilegeek 6y agoHe is possibly going to try to strip valuable protections from the entire internet because Twitter is fact-checking him. Imagine what kicking him off would entail.
- geofft 6y agoHm, would that be permitted by the order? (At the very least, they'd have to preserve all the content he's already generated, but I could see Trump arguing that a platform that kicks him off "removes or restricts access to content" that he'd like to post but can't.)