4 ms·
Forgive me, the focus you put on 'platforms v publishers' is reminiscent of the uninformed section 230 discussions happening everywhere right now, which are exh
by npunt 6y ago
Forgive me, the focus you put on 'platforms v publishers' is reminiscent of the uninformed section 230 discussions happening everywhere right now, which are exhausting.
Afaict section 230 isn't a special provision granted by society, it is a legal clarification of existing rights of speech & assembly that has the effect of limiting certain types of frivolous lawsuits. Clarifications seem materially different than government granting a corporation a local monopoly. The latter should definitely have strings attached, but the former?
Now you could argue that the basis for the decision to grant utilities local monopolies is rooted in similar natural monopoly circumstances (economies of scale and resource limitations) as that of mainstream social networks (physical infra & space in former, network effects in latter), and I'd probably agree, but that would be an entirely different focus than section 230 reform.
You're also advocating for a very black & white solution (platform v publisher, based on a choice about moderation), but there's a lot of specifics lacking such that its hard to determine if that's even a good idea. My immediate reaction is: online communities are extremely varied in both operation and medium (design, algorithms, what 'speech' even is, etc), and anyone who has had the experience of building and operating communities would see 'all legal speech should be published' as frankly a laughable premise. It raises far more questions than it answers, and likely just kicks the hard work of how products are designed over to lawyers who will definitely get it wrong.
My hunch is we're barking up the wrong tree with 230, and the underlying issue is too much power concentrated in too few entities. They have too much control over too many people's experiences, and when they use that power people confuse it with censorship. If we focused on the issue of natural monopolies arising from network effects, we might come to very different solutions, like decentralization with standard protocols for social graph interoperability.
- syshum 6y ago>>My hunch is we're barking up the wrong tree with 230, and the underlying issue is too much power concentrated in too few entities. I tend to agree there, my focus on 230 is simply because that seems to be only avenue open for reform at the moment, it is not the best tool to solve the problem, but it is a tool Ultimately I think the root of the problem comes down to 2 flaws in the foundation of the legal system 1. Data ownership: We have incorrectly applied ownership rights to the companies that collect the data, instead of allowing people to own the data about themselves. This has had wide ramifications on how social media companies have been formed and monetized, as well as in criminal law 2. Failing in contract law to properly designate the current slate of "Terms of Service" and "Acceptable Use" agreements as Unconscionable Contracts, these contracts are soo one-sided that if put in to use for anything other then "Information services" they would be tossed out of court and be unenforceable. Companies should be required to have better, enforceable agreements with their users, that provide CLEAR and OBJECTIVE statement on what the service can be used for, that the process for ending the relationship is, and what the recourse is for the customer (i.e appeal, data portability, etc). Today they have none of that, and are so steeped in self serving legal verbiage with absolutely zero considerations for the user, this type of contract / agreement should not be allowed in a fair and just legal system.