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It's worth noting that the Supreme Court reviews two kinds of cases: constitutional issues and regulatory interpretation issues, which is where language is vagu
by jmyeet 4y ago
It's worth noting that the Supreme Court reviews two kinds of cases: constitutional issues and regulatory interpretation issues, which is where language is vague or different legislation conflicts.
From my reading of Gonzalez, it's strictly the latter kind. The good part of that is that whatever the outcome Congress could turn around tomorrow and overrule it with new legislation so it really doesn't matter.
Google in particular has done a very good job of painting things like recommendations and search result ranking as "oh it's the algorithm". But who coded the algorithm? As we saw with the Panda update [1] targeting low-quality content farms, subjectivity comes into the algortihm in deciding what is and isn't good content.
Ultimately this case is deciding if the result of a recommendation algorithm represents content in its own right. I imagine a sbuejctive test will come out of this case that will be fairly narrow and match what companies are doing anyway. The CDA requires this already. There has to be a process to report and takedown content.
When looking at how the Supreme Court rules on cases you can pretty reliably answer that from a materialistic perspective. Opening up tech companies to a conflagration of litigation is of no benefit to corporations so that probably won't happen.
In this case, the Anti-Terrorism Act refers to "international terrorism". That's an interesting carve out for domestic terrorism like, say, mass shootings, attacking infrastructure like power stations, bombing abortion clinics or, you know, insurrection.
It is worth having a discussion about the biases that creep into recommendation algorithms because they're quite real and we've created a pipeline for radicalizing people sometimes into violence (eg Alexandre Bissonnette, Scott Roeder [2], Payton Gendron [3]).
[1]: https://www.searchenginejournal.com/google-algorithm-history/panda-update/ https://www.searchenginejournal.com/google-algorithm-history...
[2]: https://www.rollingstone.com/politics/politics-features/bill-oreillys-dangerous-war-against-dr-tiller-107722/ https://www.rollingstone.com/politics/politics-features/bill...
[3]: https://www.nbcnews.com/news/us-news/fox-news-tucker-carlson-fresh-scrutiny-buffalo-mass-shooting-rcna29084 https://www.nbcnews.com/news/us-news/fox-news-tucker-carlson...
- jfengel 4y agoCongress could turn around tomorrow and overrule it with new legislation They could, but they won't. We currently have a divided Congress, and neither house will pass something that the other would be willing to tolerate. Even if both houses and the President were of the same party, it almost certainly wouldn't survive a filibuster in the Senate. It's a political issue -- and all issues are political issues -- so Congress won't act in a way that one party could see as a loss for them. Congress hasn't passed a nontrivial law in years and they won't start with this.