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I'm in a weird position because I do understand why (particularly on HN) we're discussing infrastructure concerns, but all of the "do you really want companies
by danShumway 5y ago
I'm in a weird position because I do understand why (particularly on HN) we're discussing infrastructure concerns, but all of the "do you really want companies to have this much power" conversations are happening in a complete vacuum from the bigger conversation of "do you really want governments to be able to sidestep constitutional protections this easily?"
We're allowed to care about multiple issues at the same time; you're allowed to be both concerned about Texas and the increased privatization of public infrastructure.
However, it's not really that we're caring about two things at the same time, there hasn't been much discussion about the tech implications of this law -- this law creates a template that can be used to attack tech companies and to sue platform providers. It can be used to bypass constitutional protections about freedom of speech. It can be used to attack constitutionally protected activities like encryption. It's heckin dangerous.
GoDaddy's move may or may not be prudent, but even if we think it's not prudent and that it's not the right thing for them to do -- it's still pretty objectively a much smaller story than the type of censorship that this law enables and the future implications of having the Supreme Court sanction a novel way for States to avoid constitutional scrutiny.
I understand that the abortion angle changes how people are thinking about it, but it's still disappointing to see this happen and GoDaddy being the main thing that people are focusing on. It feels like bikeshedding. What would prevent another state from using this same legal template to ban encryption? If people can't answer that question, maybe the ratio of conversation between GoDaddy and the law itself shouldn't be so skewed.
Again, you're allowed to care about multiple things at the same time, and nobody has to agree with what GoDaddy is doing. But it's kind of silly to say that corporatism is a bigger threat to freedom of speech than actual laws targeting speech.
- miedpo 5y agoYeah, this is the reason I'm hoping the supreme court strikes it (and the general method) down hard when the full court case gets there (they couldn't at the time because of the way injunction works). I think the most egregious thing about the law is that people who sue don't have to pay the defender's fees when they lose. It make it possible to DDOS defendents. Deputizing the citizenry is also bad, and I'd like to see that struck down as well... but it's not the first time we've seen it either. Technically, this is somewhat similar to how the ADA works too (it does work a little differently though in that not everybody can be deputized). And I'm sure most have heard of good things happening because of the ADA, as well as bad things when people abuse the system. We are going to have to consider pretty carefully what we want instead here. I'm still worried about companies making political decisions that affect so many people... but yeah, the government scares me even more. Hope you have an awesome day.