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> Replace Vague Terminology in (c)(2). First, the Department supports replacing the vague catch-all "otherwise objectionable" language... This disallows the co
by anonHacker2 6y ago
> Replace Vague Terminology in (c)(2). First, the Department supports replacing the vague catch-all "otherwise objectionable" language...
This disallows the common practice of open-ended moderation criteria such as "Be kind. Don't be snarky". Proposed section (c)(1)(b) removes the safe harbor except for moderation criteria on the list in proposed (c)(2)(a), which is:
"obscene, lewd, lascivious, filthy, excessively violent, promoting terrorism or violent extremism, harassing, promoting self-harm, or unlawful"
> 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...
Open-ended moderation criteria such as "Be kind. Don't be snarky" are at risk of not being judged "particular" enough, which is a requirement of proposed section (g)(5)(a), meaning that sites with open-ended criteria could be judged as "not in good faith" according to this definition, and lose their safe harbor.
- waheoo 6y agoIsn't this the point of the legislation? If you want to be deemed a public square type of space that is fine but you don't then get to impose arbitrary rules about what is said, that would mean it is not a public place and is in fact a private space being editorialized by your private rulings on what speech should be allowed. This is a very good move and clarifies everything for everyone.
- curryst 6y agoThat has nothing to do with Section 230 protection. Nor am I aware of any large Internet site that has ever pretended to be a public square (beyond Reddit, who announced the change). I don't see why this is a good move, other than opening up a bunch of sites to liability. And it's going to make the ToS even longer so that they can make it "particular". Who wins here exactly?