At some level does a person not have the right to say, "I don't like you and won't take your money?"
Sure, the US and others have protected classes that limit the reasons you can refuse to do business with someone but those are more to do with people in those classes being unfairly burdened and facing difficulty living tier day-to-day lives.
No you shouldn't be. But this should also be treated fairly.
Communications Decency Act of 1996, Section 230 allowed platforms to not be held liable for user generated content. But it did not allow publishers to have the same freedom.
Notice the very important distinction between "platforms" vs "publishers".
A publisher like a newspaper can be sued for content they put out. A platform cannot be sued for the same. When companies like CloudFlare start banning people for political reasons, they are stepping into the "publishers" market and should be stripped off of the protections from the CDA Section 230. We should be allowed to sue them for content they carry.
Right now, they are enjoying the benefits of both - platform and publisher.
“Platform” vs “publisher” is not part of the actual Section 230, which allows platforms to keep the protection while doing all the active censoring and moderating that they want. There’s a good summary on Wikipedia.
That's ridiculous. Every single platform, perhaps excluding 8chan, moderates their content. Whatever reasons for that moderation are really dependent on the platform.
What separates a publisher from a platform is authorship; Cloudflare, Facebook, etc claim no authorship over their content. But a newspaper is exactly the opposite, they proudly proclaim their authorship since that's the point.
With cloudflare, it's even less relevant because they aren't moderating content at all -- they're simply choosing their customers -- and that is different again.
This would be an unproductive outcome. There's really no point in allowing CDNs to be sued for the content they distribute except as a mechanism to force them to take unsavory customers to maintain their ability to not be sued. Why is it a problem that in your view, platforms can 'enjoy' the benefits of both?
Why can't a platform not endorse the content of their customers while also not doing business with people they don't like? It doesn't seem to be a contradiction -- a freelancer who refuses an offer to build a neo-nazi site is not suddenly endorsing the content that lives on all the other sites they built.
In many countries, there are specific protected classes and you can't refuse their business just because they are a member of that class. Confusing these concepts does not help the argument.
Ceteris Paribus? Yes, absolutely, this should be a foundational rule of society. And here, Ceteris Paribus means paying your hosting bills on time and obeying the law.
Communications Decency Act of 1996, Section 230 allowed platforms to not be held liable for user generated content. But it did not allow publishers to have the same freedom.
Notice the very important distinction between "platforms" vs "publishers".
A publisher like a newspaper can be sued for content they put out. A platform cannot be sued for the same. When companies like CloudFlare start banning people for political reasons, they are stepping into the "publishers" market and should be stripped off of the protections from the CDA Section 230. We should be allowed to sue them for content they carry.
Right now, they are enjoying the benefits of both - platform and publisher.
> This "publisher" v. "platform" concept is a totally artificial distinction that has no basis in the law. News publishers are also protected by Section 230 of the CDA. All CDA 230 does is protect a website from being held liable for user content or moderation choices. It does not cover content created by the company itself. In short, the distinction is not "platform" or "publisher" it's "content creator" or "content intermediary." Contrary to Coaston's claims, Section 230 equally protects the NY Times and the Washington Post if it chooses to host and/or moderate user comments. It does not protect content produced by those companies itself, but similarly, Section 230 does not protect content produced by Facebook itself.
https://www.techdirt.com/articles/20190507/16484342160/one-t...
The section is actually quite clear if you take the time to read it:
"No provider or user of an interactive computer service shall be held liable on account of— (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected".
An interactive computer service means anything that smells like a website, and here it says they may block or filter anything at all they find objectionable. It's quite explicit. It does not restrict its protections to "platforms", but to any provider of internet services that host third-party content.