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yes, but that's the easy-to-recognize part. moreover, we all want a line (more like a hyperplanar function, really) to be drawn somewhere, but the hard part is
by clairity 6y ago
yes, but that's the easy-to-recognize part. moreover, we all want a line (more like a hyperplanar function, really) to be drawn somewhere, but the hard part is getting everyone to compromise and accept any given imperfectly-drawn line.
the core concept of section 230 is that an expressed idea in any form has an author and it's inherently implied that the author endorses that idea by expressing it, but no one else in the chain delivering/amplifying that idea to others necessarily endorses it. the author, then, has liability but the intermediates don't.
where it falls apart is dealing with "exceptions". these exceptions are really separate rules about what kinds of content are so egregious as to apply liability to the intermediates in the chain, piercing their liability shield. there's also contention around the plausible deniability provided by section 230 that allows the platforms to express ideas through others (e.g., editorial decisions).
you could reasonably argue that an editorial decision is expressing an idea (perhaps different from the curated content's ideas) in itself, and therefore applies liability to the intermediate itself for that editorial decision (e.g., racism as a emergent property of a platform).
these kinds of granularities are why i'm partial to the idea of writing regulations as an intent statement (like the above core concept), a descriptive, not prescriptive, elaboration of that intent statement and its major facets, and then numerous examples that give shape to the hyperplanar function without trying to delineate it exactly (and inevitably imperfectly; that is, accepting that it's necessarily imperfect). the populace and (if need be) judges can competently interpolate/extrapolate between the given intent, description, and examples (this takes away power from lawyers as mediators of law, which is a reason it's resisted).