Judge demands social media sites prove they didn't help radicalize mass shooter
theregister.com
theregister.com
When you sort by date you should have quite a lot more immunity than when you pick the content a person sees. Choosing content can manipulate a person and as a result start sharing the responsibility for their actions.
Where on the spectrum between protected first amendment expression and conspiracy does a newsfeed algorithm lie? This is a new question.
"How dare you propagandize to our citizens! That's our job and turf!"
Maximum stack size exceeded exception.
Still, trying to prove a negative though, isn't it?
Yeah that's going to end badly.
The difference is that posts don't even make it past the gate if they get blocked.
And certain content is also ban-worthy.
Again, they very much do censor stuff. You just don't see the censoring.
This all started with ads. Now all content is an ad, so that you can be served more ads. It's ingenious but also evil.
That shits on /pol/ right now, and is the root of supporting extremism to the point of violence and murder. And last I checked, making death threats is explicitly not protected speech.
Your test sentence fails the Brandenburg test: it is not "directed to inciting or producing imminent lawless action", nor "likely to incite or produce such action."
However, "go kill ni*ers for a high score" is not only not a true threat, it's the kind of speech that Brandenburg v Ohio, which established the current incitement-to-imminent-lawless-action test, explicitly said was 100% protected free speech.
Pretty much anything less than leading a mob and telling them who is their next lynching target will be ruled protected speech.
More to the point of the article: I don't understand all these attacks on Section 230. Is there a single reasonable proposal for what kind of framework should replace Section 230?
Regulating harmful speech as a "product" seems a bit odd because the product exists only to convey certain speech. Any device used to convey harmful speech would seem to become subject to liability under this theory, as all claims of how this caused harm seem to be related to conveying speech that lead to harmful beliefs, even if that is dressed up as some product that is a "sophisticated system" for recommending or promoting bad ideas.
This becomes an especially thin fig leaf when applied to, e.g., 4chan which doesn't seem to do anything like recommending or promoting certain speakers as far as I can tell.
4chan and Facebook both are already filtering out Child Porn, they may need to add other categories... or not it's an ongoing question.
More abstractly I think we can agree a phone network or ISP is a less active participant in what specifically gets said than a recommendation engine. So an websites internal recommendation engine will ultimately get its own kinds of regulations eventually just like search engines etc.
So it can be illegal hate speech by inciting people to act without being classified as a true threat. The triggers being inciting, specific, and immediate aren’t on their own illegal. I can suggest people go to Starbucks and get a coffee without issue.
So hate speech is not illegal for being hate speech, it's only illegal when it's also a true threat. And in that case it's illegal because it's a true threat.
There's certainly plenty of overlap, but it doesn't help anyone's understanding of why it's illegal to lump them together or point out that speech can fit in more than one category when only one of the categories is illegal under current US jurisprudence.
I'm fairly certain that any two people going to the same page at the same time on HN will see the same thing. What they see will mostly be determined by the age of a post/article along with up/down votes by end users. It would be difficult to argue that much is going on here beyond speech.
Yet a site like YouTube is different. It will display different content to different people based upon their history (and, likely, other factors). You don't even have to be logged into YouTube for this to happen. It is a lot more difficult to argue that this is a form of speech since the recommendations are most likely the product of some optimization algorithm. It certainly isn't the product of the direct input of other people.
They're suing, among others, 4chan which is the same as HN in that regard and the judge let the lawsuit go forward.
So whatever might later be litigated, we can see from this that the plaintiffs currently have a "defective product" theory that HN would also fit if only there were some murderer willing to claim that they were somehow radicalized by HN.
[edit] I stand corrected.
Now, it's also the case that moderation and content recommendations themselves are speech on the part of the website--crucially so, for that means they also have First Amendment rights to choose those policies without government coercion. There is an interesting question as to whether it is possible for such speech to create liability independent of the underlying user content (for which §230 absolutely immunizes them); indeed SCOTUS heard a case not long ago to answer this question, only to toss it out because the plaintiffs were uninterested in discussing that question.
Selectively picking & ordering the content of others can trivially create new meaning, for example the classic trope of a ransom note formed by clipping words & phrases out of a newspaper & gluing them onto a page. Whether a particular site's editorial actions on user content create liability is likely to be determined on a case-by-case basis. Real site's algorithmic recommendation systems aren't nearly as transformative as newspaper clipping ransom notes, but the sequence and organization of recommended content may well count as a new composite work (much like a music album is a work composed of a sequence of individual tracks) and create liability. I wonder if it would also qualify for individual copyright.
Is there any hard, legal record of this? That the FBI radicalized someone?
2020: (Whitmer kidnapping plot) https://archive.is/Met7X
2023: (Humzah Mashkoor) https://thehill.com/video/fbi-agents-groomed-autistic-16-yr-...
2023: (Mateo Ventura) https://archive.is/hb9Im#selection-627.47-627.60
They act as a publisher and algorithmically tailor content to each individual user to increase engagement and still enjoy the protection of S230. Generally this results in noxious, harmful and/or illegal content being pushed to the top (as outrage or indignation yields way more engagement).
This is far from what S230 was originally meant to protect - content-agnostic communication mediums where the provider is simply facilitating the exchange of user-generated-content without exerting editorial control outside of edge-cases such as spam filtering/moderation.
They always settle.
Could also set a precedent that makes it _easier_ to get cases dismissed on Section 230, but "Big Tech" will settle for a larger amount than it costs to go to trial and get that result. Year after year they do this.
I think it can be beneficial for social media sites and other ventures to collaborate with society more
iirc, the Toyota breaking issue & lawsuit was ultimately a software issue. The code was such a mess that I decided I wouldn't buy Toyota again. This was maybe 8-10 years ago
So I can see that it's misleading about what the ruling says, but not about the net effect of the ruling. But it actually links to the actual ruling here, so it still comes out as a C+ article over all, merely because of the terrible state of legal reporting.
No, they won't necessarily. As the ruling makes clear, their Section 230 immunity claim is still live, but there are disputed questions of fact nexessary to resolve it. They only need to refute whatever proof is presented for causation if the plaintiff shows sufficient eveidence that they are a product in a manner not protected by Section 230 and they fail to refute that.
SLAPP is irrelevant here, since this was not an anti-SLAPP motion to dismiss, it was a motion to dismiss for failure to state a claim.
The 3rd rail of course, is that to fix that you would likely either enter a 'culture war' with each side challenging the others, or you just have to go back to a non-engagement tuned way to deliver updates [0].
And, you know, it's worth some sort of discussion, because I've seen that one mis-click of a youtube video on my phone (trash screen protector) or inebriated TikTok scroll session where it takes me too long to realize it was one form or another of content I didn't really care for before switching on, and then it can take up to a month before the pop ups suggesting similar content stop.
But, if the algorithm is 'fair' internally, I would guess the content provider will argue that it is such and, well, sucks this person didn't click a 'save the whales' link instead?
To be clear, this is why it is worth a conversation, but it is a difficult one for society for a number of reasons. However I do miss the charm of the 'old web' where we relied on word of mouth. I think MySpace really was a certain peak of Minimalistic non algo Social media; you picked your sort for who to pay attention to, you could put your links or whatever, toss a song for a mood, and it was simple.
On the flip side, something like 4chan is not something, last I checked, that did engagement or anything past 'comment = bump' (-does- sage even work on it? did it ever?). AFAIK the argument would have to rest to some extent on proving that the mods failed to 'properly' follow 230... extreme example where they could be in trouble in my mind would be 'a post was reported for a legitimate violent threat and instead of removing/locking mods pinned it'.
[0] - you know, when they were nice 'rollups' of what happened more like your mail vs the modern 'spam' of each thing, to get you back in the app and ideally tap each one to view so somebody meets an OKR.
This is because back then you only had yourself to rely on to find the content you wanted.
Now everybody has to use their algorithms to predict what you want to see, which is terrible.
What I've noticed in the past couple years is that on any social platform that I admittedly choose to use, all it really takes is clicking something for one topic maybe once or twice and then half my feed is constantly full of it with no way to say "no that was a one-time thing".
At least with YouTube you can delete items from your watch history, but it's a few clicks to get to, so especially annoying for those one-off videos.
I really, really wish there was a slightly higher threshold stopping those one-time mistakes from becoming a time sink.
There is another option, to give users choice and control over the algorithms and content moderation. Bluesky had a recent blog post outlining their Stacked Moderation scheme and open sources project that allows anyone to create a moderation server, which you can use in Bluesky. It would seem this ought to apply to the feeds as well, which they seem to offer a better paradigm than Twitter etc Al already, but not yet what I'm talking about