> It's an algorithmic decision based on content designed to influence the end user, it's exactly the same thing. That's certainly one way to view it, yes. Inde

> It's an algorithmic decision based on content designed to influence the end user, it's exactly the same thing. That's certainly one way to view it, yes. Indeed, court rulings (prior to Anderson v. TikTok) basically took exactly this viewpoint. Anderson v. TikTok, however, did not: that ruling found that TikTok could not claim Section 230 protection for its algorithms that recommended certain videos to users. But that ruling said nothing about moderation actions in general, such as the kind I described that HN routinely takes. Those actions are "algorithmic", yes, but the algorithm is very simple, and its key input comes from users, not the platform: basically "if a post gets x or more downvotes, put it into this different category that means users won't see it unless they opt in to seeing posts in this category". In other words, HN is not using its own data (like what kinds of posts a user has looked at, or viewed longest, etc.--I don't think HN even collects such data) to decide what posts to "recommend" (or perhaps in this case "disrecommend") to users; it's just using user input that already exists (downvotes). I think that difference is significant, but of course I'm not a lawyer. But I think it would be bad if that kind of moderation action got lumped in with the kind TikTok is being sued for, if the ruling in that suit, that TikTok can't claim Section 230 protection for its algorithms, holds up. I think sites like HN should have that protection, even if we decide to take it away from sites like TikTok for those particular kinds of algorithms. But, as I said, that line has to be carefully drawn. One possible way of drawing the line might be to look at the particular language of Section 230: it talks about sites not being liable for good faith actions to restrict access to material they deem objectionable; but it does not talk about sites not being liable for actions taken to encourage access to material they think a user would like. HN's moderation actions are the former; but the TikTok algorithms that they're being sued for were the latter.