I wonder if people using mastodon know that, without section 230, no one could legally afford to run a mastodon instance in the US. Section 230 protects what we do here every day. Politicians threatening 230 are threatening free speech on the internet.
Iโ€™m not going to educate you. Fucking look it up. While you still can.

Like I said, Iโ€™m not going to educate you. But if you think the problem with 230 is that bad people post bad things on the internet, you donโ€™t have a problem with 230, you have a problem with the First Amendment.
https://www.techdirt.com/2020/11/02/your-problem-is-not-with-section-230-1st-amendment/

And besides, without 230 sites would have LESS incentive to moderate content, not more. 230 PROTECTS MODERATION.

If you have a problem with bad content on bad sites, you have a problem with THOSE SITES, NOT 230.

Your Problem Is Not With Section 230, But The 1st Amendment

Everyone wants to do something about Section 230. It?s baffling how seldom we talk about what happens next. What if Section 230 is repealed tomorrow? Must Twitter cease fact-checking the President?โ€ฆ

Techdirt

I spent a career trying to get sites to moderate better and it was fucking hard, but I remember the web before 230, and back then the lawyers told us NOT TO MODERATE AT ALL because doing so could create liability. Thatโ€™s not a situation anyone should want to go back to.

You want an internet where the nazis can post whatever they want and the sites canโ€™t take it down? Or where no one is willing to host a masto server for fear of getting sued for something a user posts?

You really donโ€™t.

@fraying
"You want an internet where the nazis can post whatever they want and the sites canโ€™t take it down?"

That's a considerable part of why certain politicians are trying to undo it.

@fraying

Hence the brilliance of the Fediverse. Those bad sites: disconnected. The ultimate in moderation.

@boelder yeah the fediverse becomes impossible without 230 protections.

@boelder what if sites are wrongly disconnected without any real evidence? and what if this is then spread virally to people who don't even know why the site was blocked to begin with?

it can happen to you! ๐Ÿ˜ฎ

@stemid @boelder has this actually happened? Because last time I saw someone say their instance had been blocked "for no reason" it turned out there were actual proper nazis they didn't moderate because "freedumb".
@sammy @boelder of course it happened. not that you'll believe my word over the admins of huge instances like mastodon.art, but that is exactly what happened. one guy with a grudge spread around that mastodon.se was full of fascists and now we're on the same blocklists as gab.com and truth social. and instead of fighting it I chose to just shutdown. the blocklists just forked off each other and kept spreading virally.
@stemid lol, I've seen the sort of servers the .art person moderates and so far they've not missed, so yeah I'm trusting them over you.

@stemid @sammy

Hopefully, as things mature, there will be some ways to appeal these kinds of decisions.

@fraying My problem isn't "bad people posting bad things". My problem is places like YouTube artificially boosting them to people not searching those things.

There have been scientific studies that show YouTube pushes more extreme content on viewers. Make the algorithm transparent and then making manipulating the algorithm against the TOS.

@fraying not everyone running a fedi server is in the US

(I say, from a server with an admin in the US)

@fraying thereโ€™s an insane amount of anti 230 people on this site and in circles where it is in their direct interest to fight for section 230 who donโ€™t because of really bizarre arguments about stuff they donโ€™t like that is also protected. Iโ€™ve given up trying to reason with them but I fear it will lead to us all losing.

@film_girl @fraying last month i gave a talk in a law school class, where the prof first split the class up into two groups, one had to defend 230 and the other had to explain why it was bad. Both groups gave talks on why it was bad. The "defense" was "it was good at first, but now it's not."

The talk I gave to them very quickly changed...

@mmasnick @film_girl
Those of us old enough to remember building social sites before 230 need to start reminding the youngs what it was like. I can't tell you how many clients/bosses told me I couldn't remove spam and abuse because, if we did, then we'd be liable for everything on the site. And the astonishing thing is how many people STILL think this.

@fraying @mmasnick @film_girl A real turning point for me was being asked a direct question by the main investor in the company I helped start, if I would have a problem promoting stories and/or talking points I knew were false.

Shortly after that, I no longer worked with that company.

Wired's Big Cover Story On Facebook Gets Key Legal Point Totally Backwards, Demonstrating Why CDA 230 Is Actually Important

If you havenโ€™t read it yet, I highly recommend reading the latest Wired cover story by Nicholas Thompson and Fred Vogelstein, detailing the past two years at Facebook and how the company has โ€ฆ

Techdirt
@mmasnick @fraying people love to be dismissive of slippery slope arguments but sometimes it is a slippery fucking slope. Like boiling a frog. As someone who so deeply and completely loves the internet (the good so definitively outweighs the bad I wonโ€™t even partake in arguments to that pretend otherwise), seeing marginalized groups fight against preserving the internet for what it is makes me lose my mind.
@film_girl @mmasnick itโ€™s not even a slippery slope! Itโ€™s just one thing. Section 230 protects our rights to post and host stuff online. Remove it and we remove that protection. Short slope!
@fraying @mmasnick yes! Thatโ€™s it!
@film_girl @mmasnick itโ€™s nice to find at least two people who understand this stuff. Keep fighting the good fight, yโ€™all.
@fraying @mmasnick you too! Itโ€™s too fucking important to lose. ๐Ÿ’œ

@fraying

Yes. I'm sharing the following mostly for others since I went and looked it up myself.

And you're right, if we lose Section 230, so many of us would be unable to host our own servers, and the Fediverse would be in danger.

This is upsetting. Stripping away our ability to talk to each other online.

https://www.pbs.org/newshour/politics/what-you-should-know-about-section-230-the-rule-that-shaped-todays-internet

Quote from article: "โ€œThe primary thing we do on the internet is we talk to each other. It might be email, it might be social media, might be message boards, but we talk to each other. And a lot of those conversations are enabled by Section 230, which says that whoeverโ€™s allowing us to talk to each other isnโ€™t liable for our conversations,โ€ said Eric Goldman, a professor at Santa Clara University specializing in internet law. โ€œThe Supreme Court could easily disturb or eliminate that basic proposition and say that the people allowing us to talk to each other are liable for those conversations. At which point they wonโ€™t allow us to talk to each other anymore.โ€

What you should know about Section 230, the rule that shaped today's internet

Twenty-six words tucked into a 1996 law overhauling telecommunications have allowed companies like Facebook, Twitter and Google to grow into the giants they are today.

PBS NewsHour
@TheBird @fraying Supposing we lost Section 230. And further supposing the Federation protocols is changed to sending only the metadata of the post - no text or media, with the expectation that the end users and not their servers pull data directly from the publishing servers, Then we could host our own servers without any legal jeopardy. Can't we?
@TheBird @fraying @BlackAzizAnansi this may be the most succinct description of Section 230 Iโ€™ve seen yet. Vital!

@fraying I certainly donโ€™t think 230 should be repealed, but it needs revision.

I think sites should not be responsible for user generated content, but they should be responsible for manual or automated editorializing that user generated content.

So direct timelines would not be affected, but if Yelp reorders posts, they assume some liability, if Facebook or Twitter reorder content then they are responsible for what they are promoting or hiding.

@fraying we know.
@alysondecker judging by my replies, no, we really donโ€™t.
@fraying okay- some of us know and get that the point is to silence everyone.
@fraying โ€ฆunfortunately thatโ€™s their plan. Itโ€™s not about content, safety, free speech, whatever. It about control. They donโ€™t have it and they want to take it. No more no less.
@fraying google might have to revert to 'this page might have content related to your search' for all results. no reddit, no mastodon... I wonder if running a server or connecting a server would be affected?

@fraying There are two provisions called Section 230. Although striking down either of them has significant concerns, I think we should at least distinguish between them.

230(c)(2) is the one that shields providers from liability for blocking or removing contents. This is what GOP hates, and this is what every website relies on for moderation.

230(c)(1) is the one that shields providers from liability for NOT blocking or removing contents. This is still useful, because certain states claim that LGBT related contents must be blocked because they are inappropriate to children. 230(c)(1) effectively nullifies such claims.

FOSTA (and perhaps DMCA) is the one to blame here. It created an exception to 230(c)(1), and guess what, people across the U.S. now demand certain "illegal" things to be outside 230(c)(1) protection, and certain politicians use this effort to ALSO dismantle 230(c)(2).

@apple502j that is some crazy shit man.

Crazy shit.

@fraying First, there's Anti-Terrorism Act at issue in Gonzalez. Blue states might see 230(c)(1) as an issue in enforcing data protection laws. Or the Sherman Act that was at issue with Malwarebytes v. Enigma, notable for Justice Thomas's dissent. While hate speech laws are probably unconstitutional anyway, 230(c)(1) also shields companies from hate speech related liabilities, which I understand some of you don't like.

But then there is the other category of things. Things like SLAPP suits, copyright trolls, and subjects like "critical race theory" or LGBT people's existence that GOP claims is discriminatory or obscene. If 230(c)(1) did not exist, the platforms are forced to censor everything except maybe cat pictures, and you can't sue the platform for the removal.

@fraying

Hi Derek!

And greetings from the remote mountain regions of #Humboldt where we export the genetics for those ๐ŸŒบ flowers ๐Ÿค˜๐Ÿ’€๐Ÿค˜

Anyway...

I'm trying to your post in which you both misconstrued and misinformed the reader with alarmist, and generally misunderstood narrative.

Specifically, and respectfully:

>***"I wonder if people using mastodon know that, without section 230, no one could legally afford to run a mastodon instance in the US. Section 230 protects what we do here every day. Politicians threatening 230 are threatening free speech on the internet."***

Although we'll go over both sentences, the part that I really take exception to is the first one:

- "I wonder if people using mastodon know that, without section 230, no one could legally afford to run a mastodon instance in the US."

I quoted you twice for emphasis, because what you said is simply NOT TRUE, at all Derek, but who would want to run a single user mastodon server instance anyway?

Okay a select few, but it's not economical to do so - here's why:

It's such #bloatware and a #resource_hog compared to other, more capable and featureful #Fediverse servers, like #Pleroma, #Takahฤ“, #Epicyon, #Akkoma, #Calckey, #Soapbox, #Friendica, #Socialhome, #MicroblogPub, #Misskey, #Smithereen, and the list goes on and on for a while; a veritable laundry list of platforms endowed with more feature rich, more resource and energy conserving footprints.

You could call mastodon the white elephant in the room when it comes to kruft, waste of energy and resources, or lack of the most desired features by it's traditional userbase (although people are nowadays migrating their accounts to these other Fediverse platforms in ever increasing numbers).

Like you, I'm also a staunch proponent of Section 230, as it was originally intended and written - to protect publishers, NOT editors. But most of the conservative agendas to which you refer only seek to remove protections for sites that cross that line between that of #publisher to that of #editor anyway - so as long as you don't interfere with a user's #speech those deprecated silos would have nothing to worry about.

It's the Marxist/Leftist agendas in Congress that you need to worry about - they're proposing complete evisceration of section 230 - and yes, that would jeopardize, probably even put those monolithic deprecated silos out of business for good.

- I see very little that is bad about killing a rabid animal... Or a fox in the henhouse.

But... riddle me this Batman:

What would be so bad about that? It would destroy the surveillance plutocracy and data farming of individuals and their identities by those socalled, "Big-Tech" subjugation engines like #Faceplant, #InstaSPAM, #Reddit, #Twitter, and to a large degree, #Google too... (It won't do anything to stop the likes of Amazon or Apple though wrt their surveillance programs).

All if that, while at the same time encourage the migration of people to a fully decentralized and safer social media network where there are either no platforms (only censor proof protocols), as in #nostr; or #federated #SmallWeb and single user #ActivityPub platform instances; or those #Fediverse platforms that vow not to #molest_users who #publish on those platforms by imposing draconian #editorializing (censorship) upon their users.

Either way you can certainly look at this as a win-win situation for the #individual in #social_media networking. The question really is therefore, "How badly do you wish to punish the privacy disrespecting subjugation farms that comprise that deprecated, monolithic silo space?"

I hope that helps, Enjoy!

#tallship

โ›ต

.

Mitra | Federated social network

Federated social network

@tallship cool story bro

@fraying

Thanks!

And good luck this season - it's been a really bad March, but March is always rough. The children are just waiting to go into beds and greet website you have there BTW ๐Ÿ˜Ž

@fraying Section 230 might be cast aside & something better instituted. It's also possible that servers/instances/Internet providers that ONLY provide a place for people to say stuff, NOT manipulate readers with algorithm-driven whatnot, NOT curate material, NOT scrape others' materials off the Internet & repurpose it, NOT commission their own content โ€” might remain protected under 230, while Meta-FB-etc. are justifiably sued.

#social #internet #section230 #writers #publishing

@magdalen do you even know what 230 says? Anything would be additive, not โ€œcast aside.โ€
@fraying Well, given the character count here, I did my best. "Cast aside" seems a reasonable phrase, perhaps I could replace it with seventeen pages of legalese? Basically, 230 is NOT GOOD ENOUGH for me and it is NOT GOOD for people like me. So throw it away and start over. Or fix it. I am not trying to mastermind the exact mechanism for that process.
@magdalen please tell me what 230 says.

@fraying Sure. Here's the Brookings summation from Feb of the then-upcoming proceedings: https://www.brookings.edu/blog/techtank/2023/01/31/the-supreme-court-takes-up-section-230/ . Here's Cornell's text of 230: https://www.law.cornell.edu/uscode/text/47/230

Here's the EFF version (I loved them back in the early-mid 1990s. Guess what? It's not the early-mid 1990s anymore). https://www.eff.org/issues/cda230

Hope that's useful.

The Supreme Court takes up Section 230

In February 2023, the Supreme Court will hear two cases which could affect the future of Section 230 and social media's liability protection, including the issue of whether that protection extends to algorithmic recommendations.

Brookings
@magdalen yeah I know what it says. I was wondering if you did. It doesnโ€™t seem like you do.
@fraying Can't there be something better in between, that brings the legal responsibilities of a company more in line with their ethical responsibilities?
@ianmclean thatโ€™s literally the point of 230