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I agree in principle, but I think it's worth exploring analogous examples. For example, doesn't the FCC regulate what is on TV in some form?

by mbesto 5y ago

nradov 5y ago
The FCC has no legal authority to regulate anti-vaccine content on TV. (I don't support such content, just explaining the law.) The FCC has some limited authority to regulate obscenity and indecency on over-the-air broadcast channels only. Congress gave them this authority because broadcast spectrum is a scarce public resource that reaches into everyone's home whether they want it or not. However the FCC generally has no authority over cable, Internet, or satellite content. Those systems aren't subject to spectrum scarcity and have effectively infinite capacity. https://www.reuters.com/article/entertainment-us-usa-televsion-indecency-idUSBRE85K10W20120621 https://www.reuters.com/article/entertainment-us-usa-televsi...
- mbesto 5y ago
  That makes sense, thanks! I'm wondering if there is some sort of regulation possibility on their processing of content or algorithms. In other words, similar to the cookie law in EU (which has an abysmal implementation) whereby individuals have more control on what they can and can't see and what gets promoted to them.
  - nradov 5y ago
    In general content promotion algorithms can't be regulated because a recommendation on which videos to watch is legally considered an opinion and thus Constitutionally protected free speech. The Supreme Court would probably only allow regulations in two narrow areas. The first would be where the promoted content is itself not Constitutionally protected due to obscenity or incitement of violence. The second would be commercial speech targeting children, who are legally considered as needing additional protection. For example the FTC can regulate some aspects of online services for minors under COPPA. https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy https://www.ftc.gov/tips-advice/business-center/privacy-and-... Individuals can always control what they see by not using YouTube.

I agree in principle, but I think it's worth exploring analogous examples. For example, doesn't the FCC regulate what is on TV in some form?

by mbesto 5y ago

I agree in principle, but I think it's worth exploring analogous examples. For example, doesn't the FCC regulate what is on TV in some form?

nradov 5y ago

The FCC has no legal authority to regulate anti-vaccine content on TV. (I don't support such content, just explaining the law.) The FCC has some limited authority to regulate obscenity and indecency on over-the-air broadcast channels only. Congress gave them this authority because broadcast spectrum is a scarce public resource that reaches into everyone's home whether they want it or not. However the FCC generally has no authority over cable, Internet, or satellite content. Those systems aren't subject to spectrum scarcity and have effectively infinite capacity. https://www.reuters.com/article/entertainment-us-usa-televsion-indecency-idUSBRE85K10W20120621 https://www.reuters.com/article/entertainment-us-usa-televsi...

mbesto 5y ago
That makes sense, thanks! I'm wondering if there is some sort of regulation possibility on their processing of content or algorithms. In other words, similar to the cookie law in EU (which has an abysmal implementation) whereby individuals have more control on what they can and can't see and what gets promoted to them.
- nradov 5y ago
  In general content promotion algorithms can't be regulated because a recommendation on which videos to watch is legally considered an opinion and thus Constitutionally protected free speech. The Supreme Court would probably only allow regulations in two narrow areas. The first would be where the promoted content is itself not Constitutionally protected due to obscenity or incitement of violence. The second would be commercial speech targeting children, who are legally considered as needing additional protection. For example the FTC can regulate some aspects of online services for minors under COPPA. https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy https://www.ftc.gov/tips-advice/business-center/privacy-and-... Individuals can always control what they see by not using YouTube.