4 ms·

> For many kinds of criminal content posing an acute public safety hazard, it does, and it's very simple: if you have knowledge of the existence of the material

by zaroth 6y ago

> For many kinds of criminal content posing an acute public safety hazard, it does, and it's very simple: if you have knowledge of the existence of the material, you must take it down or become yourself criminally liable for it. I'd be quite surprised if this is true in the USA. If you could provide an example of such a case I'd be very interested. The only time I'm aware of the Supreme Court ruling on online hate speech was to overturn the conviction of a Anthony Elois, who posted some truly disgusting things online. [1] I'm not aware of any case where an internet platform was held crminally liable for content posted on their platform, in fact Section 230 provides "wide immunity" for both criminal and civil liability for the content that users post. [2] For example, from [2]; > A recent case [3] out of the 2nd Circuit illustrates the types of issues courts are facing in our era of social media predominance and terrorist attacks. > The 2nd Circuit case arose after Hamas posted content on Facebook that both directly and indirectly led to the attack and death of several Israeli nationals, including a 10 year-old girl. The victims subsequently sued Facebook for allowing the posts to exist, and to “match” terrorist sympathizers with terrorist organizations. > While the content at issue violated Facebook’s terms of service and Community Standards, Facebook did not remove the content prior to the attacks. [1] - https://gizmodo.com/supreme-court-online-threats-legal-as-long-as-you-dont-1708190038 https://gizmodo.com/supreme-court-online-threats-legal-as-lo... [2] - https://blogs.findlaw.com/second_circuit/2019/08/what-legal-responsibilities-do-online-platforms-have-for-curbing-violent-rhetoric.html https://blogs.findlaw.com/second_circuit/2019/08/what-legal-... [3] - https://caselaw.findlaw.com/summary/opinion/us-2nd-circuit/2019/07/31/287148.html https://caselaw.findlaw.com/summary/opinion/us-2nd-circuit/2...

dragonwriter 6y ago
> > For many kinds of criminal content posing an acute public safety hazard, it does, and it's very simple: if you have knowledge of the existence of the material, you must take it down or become yourself criminally liable for it. > I'd be quite surprised if this is true in the USA. If you could provide an example of such a case I'd be very interested. The only time I'm aware of the Supreme Court ruling on online hate speech This isn't about hate speech, which is protected speech. It's about a subset of content which is itself criminal (that is, for which the source would be criminally liable), where a service provider knows of the content and the facts which make it criminal (whether or not they understand the criminal prohibition itself) And it's not about civil liability (things some private party can sue you for damages, and where therefore the Section 230 protection is likely to apply) but criminal liability, that is, things where the government can take action leading to criminal fines and/or imprisonment. Examples of laws creating this kind of knowledge-based obligation are 18 USC Sec 2339A regarding material sorry to terrorists and 18 USC Sec 1466A with regard to obscene visual representation of the sexual abuse of children.
- zaroth 6y ago
  I posted this in response to another of your comments, but in Section 2339a; > ...it is necessary that a defendant in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, [and] that he seek by his action to make it succeed.” The example of Sec 1466a is an excellent one. Facebook is the world’s largest platform for sharing exactly those types images, and they have not been charged under 1466a, because they are not liable under it. What would be pertinent is 18 USC 2258A [2] which requires service providers to report any such content that that are made aware of to the tip line, but by now we are far afield of the topic at hand. A simple introduction on hosting and platform liability, for example [1]. [1] - https://scholarship.shu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1062&context=student_scholarship https://scholarship.shu.edu/cgi/viewcontent.cgi?referer=&htt... [2] - https://www.law.cornell.edu/uscode/text/18/2258A https://www.law.cornell.edu/uscode/text/18/2258A

by zaroth 6y ago

dragonwriter 6y ago

> > For many kinds of criminal content posing an acute public safety hazard, it does, and it's very simple: if you have knowledge of the existence of the material, you must take it down or become yourself criminally liable for it. > I'd be quite surprised if this is true in the USA. If you could provide an example of such a case I'd be very interested. The only time I'm aware of the Supreme Court ruling on online hate speech This isn't about hate speech, which is protected speech. It's about a subset of content which is itself criminal (that is, for which the source would be criminally liable), where a service provider knows of the content and the facts which make it criminal (whether or not they understand the criminal prohibition itself) And it's not about civil liability (things some private party can sue you for damages, and where therefore the Section 230 protection is likely to apply) but criminal liability, that is, things where the government can take action leading to criminal fines and/or imprisonment. Examples of laws creating this kind of knowledge-based obligation are 18 USC Sec 2339A regarding material sorry to terrorists and 18 USC Sec 1466A with regard to obscene visual representation of the sexual abuse of children.

zaroth 6y ago
I posted this in response to another of your comments, but in Section 2339a; > ...it is necessary that a defendant in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, [and] that he seek by his action to make it succeed.” The example of Sec 1466a is an excellent one. Facebook is the world’s largest platform for sharing exactly those types images, and they have not been charged under 1466a, because they are not liable under it. What would be pertinent is 18 USC 2258A [2] which requires service providers to report any such content that that are made aware of to the tip line, but by now we are far afield of the topic at hand. A simple introduction on hosting and platform liability, for example [1]. [1] - https://scholarship.shu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1062&context=student_scholarship https://scholarship.shu.edu/cgi/viewcontent.cgi?referer=&htt... [2] - https://www.law.cornell.edu/uscode/text/18/2258A https://www.law.cornell.edu/uscode/text/18/2258A