If they were a TV channel or programme then they'd have no bother refusing you. And that's the nub, are they a platform or are they a publisher? If they're the former and you allow them to discriminate then what's your argument against other businesses discriminating? Can't see that ending well.
If, however, we accept that they're publishers - which in my view they are, as they edit what can be seen in several ways - then by all means let them discriminate but they must follow the rules of other publishing media companies.
But I don't think it's needed in the argument. As you say, the interesting distinction is around platform versus publisher and any legal protections you gain from posing as the former.
Would retroactive application of rules be fine, or new rules created and then retroactively applied?
Would it be okay if they refused simply because of who you were? Or what you did elsewhere? These kind of questions seem to be more applicable if we're comparing to Twitter et al.
But, if I'm going to answer I think legal issues are grey and it can be tough to accept as a programmer dealing in binary. There aren't many absolute rules and sometimes a rule works well at one scale but not another.
Part of the reason we should avoid monopolies is so people and governments can leave companies alone and those who disagree with their rules can go elsewhere because they have options. But this is in complete opposition to products and platforms that flourish because of network effects. By its very nature, Twitter wants to be the only game in town. I think that changes things and opens them up to scrutiny because we have fewer realistic options.
So as a non-answer, if we had many viable social networks or TV channels to choose from I'd be happy with them arbitrarily deciding who gets to play in their playground for any or no reason (as long as it's only in that one place, and there's no secret cabal or cartel). Protected reasons and classes aside. Keeping in mind, many times rules aren't rules, they're flagged as guidelines and subject to change for subjective reasons.
But I don't think that really reflects what is going on in modern social media networks. They are similar but distinct, each is used for different types of speech, and the key players dominate their niche. Users can choose to some degree what they prefer to receive. Networks also choose for the users via their feed algorithms.
So they are already taking on the role of arbiter and have been for some time. That sounds more like a publisher to me, as you say. They don't change the content of each post - but they do change the collection of content you get presented, just like a magazine editor rejecting articles and putting together this month's issue. Except every single article is tagged opinion.
On top of that I think we are just running up against another "too big to fail" situation. They're our only platform to communicate this way, so we don't like the idea of them suppressing speech, and speech can be inflammatory, inciteful, or libelous. That's not really incompatible with free speech in other areas, and I think once a platform reaches a certain size we should treat it as a public arena. This would be consistent with not allowing them to remove posts for arbitrary reasons, but allow them to do it if they think it falls under one of those categories.
Any insightful comment, even "just" descriptive, deserves a response, nay, a challenge to force the speaker to tease out more! :)
And I'm glad I did because your opinion is spot on, in my opinion.
What rules are those? Can you give an example of such a rule and what it would look like if it were applied to twitter?
> Section 230 says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do.
In other words they'd be liable for what is published on their site whether by them or a third party.
Platform is not a legal term, it's a colloquial distinction from publisher, which in this case refers to either the "interactive computer service" (e.g. Twitter) or the third party (e.g. the tweeter). Interactive computer service isn't as catchy.
> Can you give an example of such a rule and what it would look like if it were applied to twitter?
My first guess would be a slew of defamation cases, probably by touchy celebrities, just as with other publishers like tabloid newspapers.
Ok but clearly that is an impossible standard for a website where users are able to post content. In effect, it seems you're suggesting Twitter must choose between moderating their platform and being shut down. Would you say that fairly describes your position or am I misinterpreting you?
I'm able to post comments on many websites that are counted as publishers - try any online newspaper. I was able to post on countless forums long before Twitter appeared and still can.
> it seems you're suggesting Twitter must choose between moderating their platform and being shut down
That is technically known as a false dilemma.
- They can remove shadowbanning - They can remove algorithmic manipulation, of all and any kinds not instituted by the user - They can adhere to the rules they've set up, no retroactive action, no action for things off of the "platform", no new rules that just happen to affect their political opponents - They can refrain from reframing content - They can decide to become a smaller company (maybe more profitable (at last;), focus can help, niches help, size isn't everything) - They can hire more moderators - They can make the algorithmic tools they use available to users, if you don't want to read "deplorable" content then why not give you they power to make the choice and others the power to continue to read it? - They can make the rules clearer, tighter, more accessible.
My Lord, there are so many choices available and they're not all mutually exclusive, and this isn't even an exhaustive list.
Right... Because they have section 230 protection. Forums and newspaper websites are not "counted as publishers" with respect to comments you make on the site exactly the same way twitter isn't "counted as a publisher" for your tweets.
> They can remove shadowbanning - They can remove algorithmic manipulation, of all and any kinds not instituted by the user - They can adhere to the rules they've set up, no retroactive action...
Why is it a false dilemma? You've offered up an arbitrary list of product and business suggestions based on your own opinions about how twitter should be run, but nothing you've said seems to contradict the conclusion that twitter should lose the legal protection that allows them to keep the site open if they moderate the site.
Let's use a clear example. Do you think twitter should be shut down because of decisions like hiding Trump's tweet?
That's a good point. You're still begging the question with regards to an "impossible standard" so… I'm going to shrug until you come up with your own evidence for that.
> Why is it a false dilemma?
You (repeatedly) give two options when there are more. We must preserve the status quo or we die! is not a compelling argument to anyone with an ounce of imagination.
> arbitrary list
No, they're not "arbitrary", and I'm beginning to lose my patience with you.
> based on your own opinions
This is my account, I write my own opinions using it.
> that allows them to keep the site open
Begging the question. The site could be kept open by following my "arbitrary list" because they would then retain protection even under a narrower interpetation of the law. Hence, not arbitrary.
> Let's use a clear example. Do you think twitter should be shut down because of decisions like hiding Trump's tweet?
I don't think Twitter should be shut down or would be shut down, regardless of whether they retained protection, and loaded questions that are entirely facile are where I draw the line.
If twitter becomes legally responsible for anything posted by the millions of users that publish content to the site then it's obviously impossible for them to keep the site running, the logic is very clear.
> You (repeatedly) give two options when there are more
No, there are only two, either the site has section 230 protection or it doesn't, there is no in-between state.
> We must preserve the status quo or we die!
An impressive strawman for someone with such an obsession for formal fallacy labels.
> The site could be kept open by following my "arbitrary list" because they would then retain protection even under a narrower interpetation of the law. Hence, not arbitrary.
Your list of business suggestions are just ideas you made up, they have no legal meaning, hence arbitrary. Business decisions like "shadowbanning", "retroactive action", "reframing content" and even explicit partisan bias are 100% legal and Twitter is within their rights to operate their business in such a fashion.
> I don't think Twitter should be shut down or would be shut down
Yet in your own words:
> The site could be kept open by following my "arbitrary list"
So in other words, the site shouldn't be kept open if they don't follow your legally meaningless suggestions.
> and loaded questions that are entirely facile are where I draw the line.
lol whatever, if you're so intellectually dishonest that you won't admit to the implied conclusions of your own argument then I'm wasting my time anyway.
Does that describe your position?
You or I should be afraid of ruinous lawsuits because even one, one without any merit, can cost us a lot. We do not have the resources of Twitter, we do not have a permanent legal staff, we do not have a pit of money, we do not have wealthy backers, we do not have the ear of powerful people. They can fight a suit as far as it can go and actually create precedent in higher courts that you or I could never afford to reach. They can even face down a government lawsuit.
If lawsuits were spurious they'd soon put a stop to them.
If you're unable to maintain a respectful conversation then perhaps Twitter is a better place for you to spend your time.
> If they weren't immune from lawsuits for things as simple as libel by their users there would be a 1000 meritorious lawsuits per hour
They could and would be immune if they did not editorialise. That's the whole point.
> What is the desired end result.
I don't have a desired end result because I'm not planning some utopian outcome. Let people be free to express themselves unencumbered and without meddling for overt political outcomes or some form of misplaced paternalism, that's it.
If that's not illuminating enough for you then you have my permission to reply to someone else.
>To be clear what most people pushing this position want is for Twitter to be so afraid of ruinous lawsuits that they are afraid to ban people who the rest of us find deplorable.
and this absolutely IS your position albeit you would say for more nuanced moral reasons.
From my perspective its a win win. On the one hand I get to see deplorables banned from twitter on the other this ought to be great motivation for decentralized tools that are the only thing that can possibly be actually censorship proof.
I fully believe that your Facebook and twitter ought to be running on a $100 box on your desk where nobody can censor it with a click. Trying to fix after the fact the situation of having your ability to communicate politically depend on the courtesy of another is a losing proposition.
Nobody is going to apply the CDA in the way that the president wants especially not before November and the will to protect conservative voices will disintegrate once they have lost the presidency and the senate as well.
If you care about truly open communication donate money to people making decentralized tools instead of waiting for the injustice department to do anything useful.
EDIT: What qualified as "equal" and "all sides of a major issue" were up to the discretion of the FCC, so enforcement was fairly ad hoc
Broadcast spectrum is a limited resource. Said resource is owned by the public but since it is limited, you need a license to make use of it. In order to retain a license, you need to operate for the public's interest, convenience, and necessity.
It's also the basic reasoning behind such things as content restrictions and the system by which you can complain about something that is broadcast. If enough people complain about something you broadcast, it can be argued that you are not serving the public's interest and so be fined or lose your license to broadcast.
It's why cable programming is more restricted by a network's desire to avoid pushback from advertisers or cable carriers due to complaints (rather than anything under the jurisdiction of the FCC). They aren't required to serve the public interest in the same way, but market forces apply some of the same pressures.
In this case, I see social media platforms as being more like cable networks than broadcast networks. You won't see specific government content restrictions on most (legal) content hosted on these services because they don't require a license. However, they still face backlash if they piss off enough customers and/or advertisers.
Many tech companies are simply utilities now. They should not be allowed to refuse service in the same way as electric companies are not allowed to refuse you service - except in extreme circumstances.
> The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses to both present controversial issues of public importance and to do so in a manner that was—in the FCC's view—honest, equitable, and balanced. The FCC eliminated the policy in 1987 and removed the rule that implemented the policy from the Federal Register in August 2011.
Wasn't that the idea of Public Access Television?
I could totally imagine a Monty Python sketch depicting Hitler in an absurd/comedic situation being rebroadcast on US public TV without issue. I think the previous comment was referring to a hypothetical pro-Nazi program.
We do that, and have since 1976. Any cable provider in a city with more than 3500 residents is required to put up 4 public access channels and studios and allow the public to use them and broadcast on them.
> Social networks are private companies built for profit.
To what extent do current laws provide exclusions for them and their business model? Do we deserve something in return for that?
> Hell, you can't even post a nipple on Facebook.
Precedent exists here as well. Free public speech does not include broadcasting of materials of a prurient interest at any time. This is separate from the "seven dirty words" which are generally excluded outside of the 'watershed' which is typically 10pm to 6am in most cities.
I'm fairly libertarian, so I'm uncomfortable with the question, but there has to be some objective method of determining the extent to which "internet domains" are to be considered "leased from the public" the way we do broadcast licenses.
We've already seen certain websites with particularly vile, but legally protected, points of view have their domains taken away from them. If speech can be so easily marginalized, doesn't the public have some interest in claiming domain over some of these seemingly "private" systems?
Well with that logic popular politicians are good for FB's business and hence must not be censored.
How did business fare after Germany lost ww2?
Of course I could go cut the data lines running through the right-of-way on my property. I don’t agree with how these big data companies are censoring, so maybe I will censor them.