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Re:German MPs vote for new law to fine social media companie... by skrebbel on Friday June 30, 2017 @07:03AM (#14669846)
As a European I love to write smug rants on the internet about how our governments and our political culture are better than those of the US. However, stuff like this worries me.

We need more freedom of speech, not less. The US is miles ahead of us in this respect. Here in Europe, we're missing that fundamental value of "I disagree with what you say, but I will fight for your right to say it". Instead, it's more like "I disagree with what you say so I'm going to try to get you arrested for it". Eg Dutch xenophobe politician Geert Wilders got dragged into court twice! (ridiculous, and also countereffective because guess what it did for his ratings)

This sort of stuff is much worse, however. Given the 24 hour deadline, the only way Facebook reasonably can implement this is automation. A computer program determining whether my post is hate speech or satire? Seriously? Computers can't even tell the difference between a puppy and a cupcake. Why does anyone think this is a good idea?

A long time ago I used to hang out on an IRC channel that banned "bad words". The bot was very enthusiastically tuned with conservative American values. There was a user called "War^" but "war" was a forbidden word. Talking to him got you kicked out, mentioning him thrice got you banned.

Obviously, the solution there was simple: leave the IRC channel and never come back. But I'm not sure people will feel they have the same option for their favorite social media.

Re:German MPs vote for new law to fine social media companie... by privateprofile on Friday June 30, 2017 @07:24AM (#14669939)
"From October, Facebook, YouTube, and other sites with more that two million users in Germany must take down posts containing hate speech or other criminal material within 24 hours. Content that is not obviously unlawful must be assessed within seven days."

To me, this seems more like reasonable regulation than oppression, although some people confuse these concepts, or have a financial interest in conflating personal freedoms with market deregulation.

The german government is asking for Facebook to promptly remove content that is obviously illegal in Germany (and most of the world), like murder videos, hate speech, etc. Sounds reasonable to me.

TV stations in some (most?) European countries can be held legally responsible for the content they air. This is (fortunately) happening right now where I live, where a private TV station is being investigated for repeatedly airing a program where a psychologist spreads hate speech and fake science like "people who use marijuana have gay sex" and "gipsies don't work and live off the rest of us"; the person's professional license has been revoked as a consequence, so the TV station are being held responsible for airing blatantly illegal content by a disaccredited "psychologist".

That's why media needs basic regulation, IMO.

After reporting numerous posts for hate speech and personal insults has zero, Facebook's response is always "no breach of our terms". But it's a breach of our society's terms, and fortunately we are still (mostly) held to the rule of law.

Re:German MPs vote for new law to fine social media companie... by jk563 on Friday June 30, 2017 @07:30AM (#14669975)
Part of the issue with the comparison you're making is that the station you mention likely know what they were publishing at each point in time. Facebook is facing a situation more like trying to remove flyers in a town where everybody is putting up 3 new flyers per day.
Re:German MPs vote for new law to fine social media companie... by owebmaster on Friday June 30, 2017 @09:34AM (#14670564)
And the part you don't mention is that Facebook is making 1000x more money than your avg TV station so it is not a problem to have them to conform to society.
Re:German MPs vote for new law to fine social media companie... by xxxdarrenxxx on Friday June 30, 2017 @12:12PM (#14671651)
As much as I dislike facebook. The reasoning that they can pay means they should is almost defining corruption, and an easy way for a govt to get money.

The problem is not one of morals, as I doubt fb wants this type off content at all.

I think it's possibly unreasonable. It's fb vs the world quite literally. It's the nature off it's design.

What's next? Police gets fined if they can't catch a criminal within a week?

What about a fireman getting fined if he can't put out a fire within 20 minutes.

All these things share an uncontrollable and unpredictable situation.

You can't ignore the complex design off millions off people streaming millions of text inputs daily and checking it all 100%. That's monkey reasoning, black and white thinking fallacies.

Fb should give insight and show how they battle it, but imo it's childish to randomly give 24 hours. At least come with an argument or 'standard' if u will (ie. 1 content checker person per 1k posts or w/e).

Re:German MPs vote for new law to fine social media companie... by owebmaster on Friday June 30, 2017 @04:10PM (#14673351)
> The reasoning that they can pay means they should is almost defining corruption, and an easy way for a govt to get money.

If the system is good enough for you to make hundreds of billions of some years, yes, you should expend a lot to conform with society's needs.

> You can't ignore the complex design off millions off people streaming millions of text inputs daily and checking it all 100%.

You can't allow a company to have so much power over millions of people just because it is difficult to make it conform and keep working. Guess what, find a better solution. The world is not 1% better with all this live Facebook BS, I'd not give a care if it was all shutdown. It is not a free speech problem if they are exploiting it for their own benefit.

Re:German MPs vote for new law to fine social media companie... by Asooka on Friday June 30, 2017 @07:39AM (#14670027)
I'm a European citizen and I do not agree that said content should be illegal. I suspect OP would back me (partly) on the reasoning:

I don't want it to be illegal, because policing it requires the instatement of an automatic censorship framework, that even if it works perfectly, can be trivially re-used for stifling more speech. Not regulating media has bad consequences, but regulating media has even worse consequences. You can't save people from themselves.

Re:German MPs vote for new law to fine social media companie... by owebmaster on Friday June 30, 2017 @09:35AM (#14670577)
It not being illegal, someone can use the internet to distort reality and public opinion using "machine learning" or blaming their "AI".
Re:German MPs vote for new law to fine social media companie... by realusername on Friday June 30, 2017 @07:12AM (#14669887)
"Freedom of Speech" only is there until you have some nudity on US-owned social media strangely. You can put as much blood as you want but not one picture with some small nudity in it, there are definitely cultural issues on the US side as well. The only picture I've ever reported was a picture of the Bataclan massacre used for karma and I got told by Facebook that it did not violate any guidelines.
Re:German MPs vote for new law to fine social media companie... by throwanem on Friday June 30, 2017 @07:38AM (#14670020)
Freedom of speech applies to prior or posterior restraint by government. It does not mean that anyone who owns a platform has to let you say whatever you like on it. There's an old canard about how speech is only truly free for those who own a printing press - fortunately, running a website requires much less capital investment, and distribution is pretty much automatic, too.

Don't mistake my intent here - it would vastly understate the case to say merely that I do not love Facebook. But free speech is the wrong line of attack, because that is something which we have no legal precedent for obliging them to provide, and this lack of precedent has enduring value exceeding what we might in the short term realize from its contravention.

Re:German MPs vote for new law to fine social media companie... by Asooka on Friday June 30, 2017 @07:42AM (#14670047)
Parent was talking about the "Freedom of Speech" that's imbued in the American zeitgeist. It is crystallised most clearly in the first amendment, but in general Americans value their freedom of speech in many situations where the one taking the speech away is not the government per se, but another ruling body acting as de-facto government over some small area of influence. And really, if the best you can say about censoring my speech is that "it's not illegal", maybe you shouldn't be doing it.
Re:German MPs vote for new law to fine social media companie... by throwanem on Friday June 30, 2017 @09:12AM (#14670452)
You're quite right that freedom of speech and expression is a core American value.

Another core American value is independence of thought and action. We are a nation of grown-ass men and women who do not require a company, a government, or any other arbitrary authority to sign off on the exercise of those rights and liberties which are our common birthright.

So if Facebook chooses not to permit its users to say controversial things, the American response is not to go crying to Daddy to make that mean old mister Zuckerberg be nice, but instead to say: "Well, then, you do just as you please - and be damned to you, because I will go and do as I please." And then, suiting action to word, to set up one's own website, where one may speak as one likes without fear of being suppressed by the ukaze of some billionaire overlord. We do, after all, still have an open Internet. I think it would behoove us to use it.

To that last point, let me reiterate that I have no love for Facebook, and would prefer that such a behemoth, opaque monstrosity - with such an astonishing degree of power to mediate the social interactions of more than a quarter of our entire species - not only did not, but could not, exist. That is far too much power to inhere in any single organization.

Where we differ, I think, is in our evaluation of the most useful method of taking that power away from the organization which holds it now. You seem inclined to prefer that government should do so - an obvious answer, to be sure, but in my view fatally flawed insomuch as that, in taking that power away from Facebook, this government would necessarily gather that same power to itself. (Who else, after all, would you have tell Facebook what to do?)

I would rather see that power, not still further agglomerated into a different monolithic bloc of same, but rather atomized. It seems to me much more in accord with American values that this mass power be broken down and distributed among many individuals, such that each may exercise her rights with the maximum liberty to do so, and none may forbid another from doing likewise.

There are some really exciting projects underway right now to build a framework in which this can happen - indeed, a framework in which nothing else can happen, wherein the construction of a Facebook in anything like its present leviathan form is impossible because it has no apparent benefit to offer. This is a very long-term goal, I freely concede! I may not live to see it bear fruit, if indeed it ever succeeds in so doing. But nothing else of which I'm aware offers a better prospect of upholding those American values which my fellows and I hold so dear.

Re:German MPs vote for new law to fine social media companie... by quakenul on Friday June 30, 2017 @07:44AM (#14670061)
Let's be clear here: FB has been around for more than a decade. Germanys stance on hate speech has been clear all this while. Them now moving in to act on it in the digital domain is hardly a surprise.

Social Media giants ignoring local laws, while being occupied with taking over the world truly makes for a great Cinderella story -- but maybe part of growing is also growing up and preparing the business to comply with local laws, instead of waving the "this is so unreasonable" card when you didn't do so for a decade and then eventually get fined for it.

Re:German MPs vote for new law to fine social media companie... by thinkloop on Friday June 30, 2017 @07:53AM (#14670112)
Local laws don't say that hate speech is allowed as long as it's within 24hrs. It's simply not allowed. But in an attempt to be reasonable for a distributed platform like FB, they are giving 24hrs - is 24hrs reasonable? That's a valid question.
Re:German MPs vote for new law to fine social media companie... by tremon on Friday June 30, 2017 @07:58AM (#14670130)
"Freedom of speech" does not entail "freedom of consequences" from said speech. The US also has limitations about what speech is allowed where or when (see https://en.wikipedia.org/wiki/Free_speech_zone for example). Conspiracy to commit crime is also not protected by free speech laws, many people would argue rightly so. It is not a major leap of logic to extend those anti-conspiracy laws to "speech" that incites other people to commit crimes.

A similar discussion can also be seen with Brexit in the UK: hate crimes have been steadily increasing since the Brexit campaign, and many people have been pointing at the divisive and malicious discourse surrounding that as one of the causes.

So yes, while I agree with you that speech in general should never be prohibited, and I also agree that automated takedowns of content are not desirable (mainly because once that's in place, the algorithms then become the law -- and that is not where I want to be); I also think that companies that facilitate large-scale communication between citizens can not hide behind "free speech" arguments to completely disavow any and all responsibility for consequences of speech on their platform.

Re:German MPs vote for new law to fine social media companie... by skrebbel on Friday June 30, 2017 @08:50AM (#14670365)
I fully agree with you but I see no solution. How are said companies going to comply if not by broadly tuned ban bots?
Re:German MPs vote for new law to fine social media companie... by owebmaster on Friday June 30, 2017 @09:38AM (#14670598)
The technology is not that different from the ones that make them a lot of money with eyeballs. FB and Google know what is happening, but they don't want to lose this easy money and have to find a new honest and socially ok revenue stream.
Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @07:17AM (#14669916)
> We need more freedom of speech, not less.

You seem to be very convinced of this. Could you please list one or two concrete cases where you think free speech was too limited in Europe and where this limitation led to a poor outcome for society? I think this could make your argument much stronger.

Re:German MPs vote for new law to fine social media companie... by mowenz on Friday June 30, 2017 @07:32AM (#14669984)
>where you think free speech was too limited in Europe and where this limitation led to a poor outcome for society?

The test for what values we uphold should not always be what has proven to be a good outcome for ourselves or for society.

Your same argument could be used against many human rights. What about torture: can you give me a concrete example of how US torture was bad for society?

Extending your argument from society to individuals, we make the worst tragedies possible. It is an important lesson from the history of Germany itself, in the quote: 'When they came for them, I did not speak, because I was not them. When they came for me, there was no one left to speak for me."

There is value in upholding human rights on principle.

Once you eliminate free speech in cases where it is convenient, you no longer have a free speech principle.

In Germany the thought police has brought people to court for things such as Facebook groups for people who don't like refugees. Maybe that seems fair to you, but then again a comedian also faced prosecution for a poem about Erdogan. Now imagine prosecution for a poem belittling Trump. It's the possibility of that outcome that we want to stay as far away from as possible.

Besides, it seems difficult to believe a legitimate role of government is to protect you from words, and words alone.

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @07:44AM (#14670060)
But who gets to decide what constitutes a human right and why is hate speech a human right in your opinion? Hate speech hurts people, please explain why it should still be considered a human right.
Re:German MPs vote for new law to fine social media companie... by mowenz on Friday June 30, 2017 @07:59AM (#14670132)
The test to outlaw something should not be because it hurts someone. Just because you know some people will drive, or drive drunk, and this will kill people, does not mean you should ban driving, or alcohol.

Another example is democracy. Just because you support someone's right to vote for, and you know a few people will go vote for fascists, it does not mean you support fascism as a human right.

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @08:10AM (#14670188)
Driving has clear benefits for the individual and society. Accidents are merely an unintended side-effect. In contrast to that, the purpose of hate speech is by definition to hurt people.
Re:German MPs vote for new law to fine social media companie... by mowenz on Friday June 30, 2017 @08:14AM (#14670210)
The point was that both are unintended consequences of things which generally help people. If we could have free speech, or roads, with no bad side effects we'd have them.

Once you eliminate speech just because you disagree with it, you begin the process of allowing the most powerful to determine that criteria for their own benefit.

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @08:40AM (#14670330)
The goal of the law under discussion is not to eliminate any form of speech or even contrarian speech. This law is just about speech that is designed to hurt people.
Re:German MPs vote for new law to fine social media companie... by mowenz on Friday June 30, 2017 @01:47PM (#14672409)
By that criteria, everything from schoolyard insults to poems insulting Trump could be made illegal.

I know you don't want to be insulted, or let other people be insulted, but it's a dangerous responisbility to give to government to make them arbiter of what speech is acceptable.

Re:German MPs vote for new law to fine social media companie... by cr1895 on Friday June 30, 2017 @07:25AM (#14669948)
I'm not the OP you're asking, but here's one example where a Dutch man was jailed for insulting the king:

http://www.dutchnews.nl/news/archives/2016/07/man-jailed-for...

edit: more examples from some other European countries http://www.euronews.com/2016/04/15/beyond-a-joke-7-countries...

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @07:33AM (#14669993)
While I agree that it's bad to prevent people from speaking poorly about a king, that's not representative of the kinds of things that the German law is addressing. As such this is not a very strong example, IMO.
Re:German MPs vote for new law to fine social media companie... by cr1895 on Friday June 30, 2017 @07:49AM (#14670085)
You asked for examples in which free speech was too limited and resulted in a poor outcome for society. You asked that in response to:

"We need more freedom of speech, not less. The US is miles ahead of us in this respect. Here in Europe, we're missing that fundamental value of "I disagree with what you say, but I will fight for your right to say it". Instead, it's more like "I disagree with what you say so I'm going to try to get you arrested for it"."

Therefore my example is germane and quite a clear example given your question.

Here are more examples (again Netherlands, Switzerland, Poland, Spain):

http://www.euronews.com/2016/04/15/beyond-a-joke-7-countries...

Re:German MPs vote for new law to fine social media companie... by tremon on Friday June 30, 2017 @07:44AM (#14670063)
That would be illegal in the US as well, under defamation or libel.
Re:German MPs vote for new law to fine social media companie... by cr1895 on Friday June 30, 2017 @07:51AM (#14670101)
That's not how it works, and this is fundamentally different.

In the US, the offended person would have to sue the offender for libel or defamation. The State would not be bringing charges because this is not a criminal matter; it is a civil matter. Nor is it so obviously defamation or libel, as you suggest.

The lese majeste law is not a matter of the King suing the offender. It is a matter of the Dutch state pursuing criminal prosecution.

Re:German MPs vote for new law to fine social media companie... by zmb_ on Friday June 30, 2017 @07:45AM (#14670069)
The migrant crisis is the biggest one going on at the moment. The public discussion is seriously skewed and lacking the moderate against side. At both extremes there are very vocal advocates, and the official moderate positions are firmly towards the accepting side for migration. Very few want to touch the moderate argument for limiting migration, because you risk being interpreted as being an extremist, at which point these hate speech laws could apply -- many moderates don't want to take that risk and rather stay silent.

It is important to understand that this is, for now, a matter of a chilling effect. I don't claim that I would be put in jail or fined for my opinions, but I definitely do feel a risk of some authority possibly investigating me. And that is enough to make me not take part in the debate. And I do not see my positions being openly discussed in public, even though I know from private conversations that many, many people hold the same views. This is something that moderates on the other side seem not to understand or believe, because they do not face it.

This has lead to a number of poor outcomes for the societies in Europe. Most importantly there are possible approaches to solving the situation that have not been seriously explored and evaluated (e.g., Australia style migrant centres outside the EU). As a result the European response has been uncontrolled, inefficient and hugely expensive. I believe many more people in real need could have been helped, and many lives saved, by an approach that was not based on accepting unlimited numbers of migrants into Europe.

The second important problem is that it drives the disenfranchised moderates towards the extreme. If you feel like your voice is not heard in the debate, it becomes more likely that you will demonstrate with a protest vote for an extremist.

Personally I am absolutely against this law. Even if you accept the idea of hate speech laws, surely they should be enforced by the courts, not by Facebook?

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @07:51AM (#14670099)
> The public discussion is seriously skewed and lacking the moderate against side.

There is no law in Germany preventing you from voicing your opinion against immigration. We're talking about legally enforced censorship not about media bias. Having said that, I do agree with many things you say, I just think they are not directly relevant to the discussion.

Re:German MPs vote for new law to fine social media companie... by zmb_ on Friday June 30, 2017 @07:56AM (#14670122)
> There is no law in Germany preventing you from voicing your opinion against immigration.

Could you please read my second paragraph. I'm aware the is no law against voicing my opinion on immigration (I'm not against immigration, I'm an immigrant myself). However, I am absolutely not going to publicly voice my opinions because I do not want to risk someone interpreting some part of my point out of context and investigating me for hate speech.

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @08:06AM (#14670171)
I don't see your point. Are you saying that such a law would necessarily be abused by the government to harass you? That seems like a strong assumption and a poor reason again introducing a law which, if interpreted sincerely, is reasonable. Your argument could also be used again a lot of other laws and when taken to the extreme the only solution would be anarchy.
Re:German MPs vote for new law to fine social media companie... by pavelludiq on Friday June 30, 2017 @07:27AM (#14669953)
Just two? The world wars are conveniently numbered with I and II. Bonus: The cold war and the iron curtain.
Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @07:35AM (#14670005)
I don't see the connection. OP was talking about free speech being too limited in present-day Europe.
Re:German MPs vote for new law to fine social media companie... by pavelludiq on Friday June 30, 2017 @07:37AM (#14670014)
With the possible exception of WWI, all of my examples are within living memory.
Re:German MPs vote for new law to fine social media companie... by nulldev on Friday June 30, 2017 @09:15AM (#14670471)
I don't follow your reasoning. Please explain how either WWI, WWII or the cold war were caused by limitations on free speech in Europe (which in this context largely means western Europe).
Re:German MPs vote for new law to fine social media companie... by tpush on Friday June 30, 2017 @08:05AM (#14670164)
Nonsense. Neither World War had anything to with restrictions on free speech.
Re:German MPs vote for new law to fine social media companie... by skrebbel on Friday June 30, 2017 @08:55AM (#14670385)
Mein Kampf is banned in my country. However, it's historically relevant and it's such an insane book that the chance that it turns people into nazis is much smaller than the chance that it shows poeple what a nutjob Hitler was.

If I recall correctly, the Swastika is banned in Germany, even though it's a symbol with many meanings in many cultures. This means people can't express certain aspects of their cultures, visually, simply because the NSDAP chose to use the same logo. Context matters, you know.

Finally, I heard a law in Germany is about to get passed that is going to make large social networks program bots that automatically ban content based on whether it may contain hate speech or crime. Good satire will disappear from much of the German internet.

Re:German MPs vote for new law to fine social media companie... by tmalsburg2 on Friday June 30, 2017 @09:19AM (#14670498)
> If I recall correctly, the Swastika is banned in Germany, [...] Context matters, you know.

Exactly, and that's the reason why you can use the Swastika as much as you want in Germany when the context makes clear that you're not using it for political purposes. These silly strawmen arguments do not help the discussion.

Re:German MPs vote for new law to fine social media companie... by somecontext on Friday June 30, 2017 @09:57PM (#14674884)
For some context, it appears the law in question is the German Strafgesetzbuch (Criminal Code) section 86a. Wikipedia believes the use of a swastika (as a representation of the Nazi party) is banned in all contexts except "art or science, research or teaching".

This mostly agrees with the text of the law, which appears to include a provision translating to "... shall not be applicable if the means of propaganda or the act serves to further civil enlightenment, to avert unconstitutional aims, to promote art or science, research or teaching, reporting about current historical events or similar purposes."

Reporting on the law suggests that the purpose is much stronger than simply avoiding its political use, but also to "avert social habitation". In particular, it appears that its use in, say, a video game would in fact be illegal, as Ubisoft assumed with its 2014 release "South Park: The Stick of Truth".

Re:German MPs vote for new law to fine social media companie... by skrebbel on Friday June 30, 2017 @01:49PM (#14672421)
Thanks, I was wrong about that one.