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> Well, are rights aren't particularly protected, from the censorship that happens right now. Given that I don't believe that it is fundamentally possible for
by joshuamorton 5y ago
> Well, are rights aren't particularly protected, from the censorship that happens right now.
Given that I don't believe that it is fundamentally possible for any private entity to infringe on my right to free speech, I'm going to have to disagree with you here.
> No we won't. All we have to do is take our existing common carrier laws, and expand them.
The Cato institute appears to disagree with you that it's that simple[0]. It's not clear that applying common carrier status to Facebook or Google could be constitutional, because they do not and have never claimed to be neutral, so using the force of law to make that so would be an infringement on the companies' rights to speech and association.
[0]: https://www.cato.org/blog/are-social-media-companies-common-carriers https://www.cato.org/blog/are-social-media-companies-common-...
- stale2002 5y ago> they do not and have never claimed to be neutral, so using the force of law to make that so would be an infringement on the companies' rights to speech and association. You are not being creative enough, with how we could apply these laws. One big reason why phone companies are claiming to be neutral in the first place, is to get certain protections, that those laws give them. They claim to be neutral, to get certain benefits. Phone companies are claiming to be neutral, for a reason. Its not because they simply want to. It is because they are doing that, on purpose, because the law is strongly incentivizing them to do so. A similar strategy could be used against Facebook. What can be done, is we take away certain protections, that we currently give them, and only give them back, in exchange for them following something similar to common carrier laws. The most common thing that people bring up, of a right to take away from them, is section 230 protections. When the smart people talk about repealing section 230 protections, it is not to actually remove those protections. Instead, the strategy, is to make it so, if companies want to keep those protections, they then have to follow other requirements, by making those protections contingent on acting a certain way, such as by following common carrier laws. That is the way to get around being unable to force Facebook to follow common carrier laws. You don't actually force them to do it. Instead, you make the alternative, extremely difficult, by making previously necessary protections, contingent on following new neutrality laws.
- joshuamorton 5y agoThis doesn't make sense. If you repeal 230, Facebook doesn't gain anything from being a common carrier. Repealing 230 solves the problem you seem to be solving, which is that the companies can no longer do any form of moderation. The problem there, of course, is that both the average citizen and the average lawmaker want the companies to be able to do some forms of moderation. Which brings us back to the original question: Do you trust Pelosi and Cruz to define a reasonable framework for internet content moderation?
- stale2002 5y ago> If you repeal 230, Facebook doesn't gain anything from being a common carrier Yes they do. They would not be able to be sued, if they were a common carrier, and in return, they would be unable to engage in many forms of censorship. If they did not have section 230 protections, then them existing in their current form, would be almost impossible, and therefore, they would have to make the choice to receive the alternative protections, which are common carrier protections. Common carrier protections are different from section 230 protections. If they are put in a position, where their only real option is to go under common carrier laws, then that would be the point. > the average lawmaker want the companies to be able to do some forms of moderation Common carriers are already allowed to do some forms of moderation/censorship. It is simply much much more limited. And additional forms of moderation, could simply be handled over to the user, to choose what they want. For example, it would be completely allowed for a customer, to have some automated calling blocklist, where they choose to block all adult content phonelines, that call them. > Which brings us back to the original question No it does not bring us back to that. Because common carriers are already allowed to do very limited forms of moderation, and that is what it would be a good thing to incentive facebook into having to follow. We don't have to have lawmakers do anything except for get us into a position where facebook is strongly incentivized to choose to be under common carrier protections, where they will then be extremely limited in the types of censorship that common carriers are allowed limited to.
- joshuamorton 5y ago