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A quantity-driven test would mean that an algorithm that says "sort by number of mentions of ISIS" is safe, but an algorithm that says "sort by a score comprise
by flyingv 3y ago
A quantity-driven test would mean that an algorithm that says "sort by number of mentions of ISIS" is safe, but an algorithm that says "sort by a score comprised of newness, number of upvotes, number of comments, and geographical proximity" would fail... It would also doom search engines, whose results pages are generated by multi-variate algorithms.
- owisd 3y agoIn principle I'm fine with all of that. I suspect there's not much mainstream appeal for a YouTube that only recommends ISIS videos, so you're not pushing ISIS videos to someone who wasn't already looking for them. I suspect such a site would fall foul of law enforcement on other grounds (such a rule change wouldn't be allowing anything that wasn't allowed before). I don't see why the regulator would need to decide on the same limit for pull-based search results (I've told the site what I'm looking for) rather than push-based recommendations (the site is pushing something else alongside what I was looking for).
- flyingv 3y agoI think your distinction on push vs pull is a good one that Congress could consider incorporating if it chooses to revisit 230, though that approach is probably too far from the current text for SCOTUS to be willing to read it in when it rules on Gonzalez. However, something worth noting: wherever 230 lands, there's not some regulator using discretion in enforcing it (like a prosecutor deciding when to charge someone with murder) -- this is a law that gives tech platforms a defense from the private lawsuits that could otherwise put them out of business (e.g., suits by indviduals/businesses for defamation because the algo ended up recommending a "John Smith is a lying fraud" video).