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While I am concerned about the potential negative consequences to altering section 230, there are several elements in the DOJ proposal that I think would be exc
by lliamander 6y ago
While I am concerned about the potential negative consequences to altering section 230, there are several elements in the DOJ proposal that I think would be excellent ideas:
> 3. Promoting Competition
A third reform proposal is to clarify that federal antitrust claims are not covered by Section 230 immunity. Over time, the avenues for engaging in both online commerce and speech have concentrated in the hands of a few key players. It makes little sense to enable large online platforms (particularly dominant ones) to invoke Section 230 immunity in antitrust cases, where liability is based on harm to competition, not on third-party speech.
Breaking up advertising monopolies (which all of these social media platforms essentially are) would probably be a good outcome.
> b. Provide Definition of Good Faith. Second, the Department proposes adding a statutory definition of “good faith,” which would limit immunity for content moderation decisions to those done in accordance with plain and particular terms of service and accompanied by a reasonable explanation, unless such notice would impede law enforcement or risk imminent harm to others. Clarifying the meaning of "good faith" should encourage platforms to be more transparent and accountable to their users, rather than hide behind blanket Section 230 protections.
Is it too much to ask for social media companies to actually abide by their TOS? How often have we seen people complain (outside the realm of politics) about getting banned without explanation or appeal? If people are going to be building their livelihoods around these platforms (for content distribution, ad revenue, etc.) then I think it's time for these platforms to be more transparent with their content creators.
- akersten 6y agoThe outcome of "breaking up advertising monopolies" can be achieved with existing anti-trust law, without cannibalizing an existing protection that benefits every UGC website large and small. > Is it too much to ask for social media companies to actually abide by their TOS? How often have we seen people complain (outside the realm of politics) about getting banned without explanation or appeal? A physical business can trespass you for any non-protected-class reason they want. Online, one should expect no different treatment.
- lliamander 6y ago> The outcome of "breaking up advertising monopolies" can be achieved with existing anti-trust law, without cannibalizing an existing protection that benefits every UGC website large and small. I don't think it requires cannibalizing existing protections in order prevent section 230 from being invoked in anti-trust cases. And for the record, I don't think I agree with all of the DOJ recommendations, but I think there may be room for improvement. > A physical business can trespass you for any non-protected-class reason they want. Online, one should expect no different treatment. I'm not entering into a legal agreement simply by entering a physical business. However, terms of service are a legal agreement. A lot of tech businesses seem to be under the impression that a TOS doesn't actual impose any obligations on them, but in fact it does.