Re:Twitter and Facebook's action over Joe Biden article reig...
by andrewprock on Thursday October 15, 2020 @07:48PM
(#24795768)
They are free to do whatever they want with any message on their platform, private or public. If they were regulated as a common carrier, this would not be the case.
I believe that Twitter and Facebook have no desire to be regulated as common carriers.
There is no way this is an unlawful wiretap, as they own and operate the wires.
Re:Twitter and Facebook's action over Joe Biden article reig...
by nullc on Thursday October 15, 2020 @09:53PM
(#24796601)
This is absolutely not true under federal law (18 U.S. Code § 2511.) (also apparently CA PC 631).
It doesn't matter who owns the facilities. Except for certain narrow exceptions (warrants, government officers, jails, incidental operations necessary for maintenance) any unauthorized third party interception of a private communication is unlawful. Common carrier status is relevant for liability but is irrelevant for § 2511.
Re:Twitter and Facebook's action over Joe Biden article reig...
by andrewprock on Friday October 16, 2020 @03:20AM
(#24798413)
I think you are confusing a Twitter DM with a private communication. Note that Twitter is not intercepting your DMs, they are the ones transmitting and storing them.
I'm also dubious about applying that to private messages: Twitter isn't a party to those messages, interception of the content is an unlawful wiretap. Without unlawfully monitoring the content of the users private community it's not clear to me how they could be suppressing the content.