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Re:FCC to move ahead with 'rulemaking' on Section 230 by JoshTriplett on Thursday October 15, 2020 @09:19PM (#24796386)
> You're assuming that there is no way to adapt to the new rules.

If you're liable for user-posted content, you either need massive resources to review literally everything your users post (and a sufficient delay for such review to take place, and a massive insurance policy for the inevitable mistake), or you stop allowing user-posted content entirely.

This proposal would make it nearly impossible to simultaneously have user-posted content and moderation. Sites that post read-only content for user consumption would do just fine, but any site that enables the usage of the Internet in a read-write contributory way would be dead. There's no "adapting" to that, nor should there be.

> if you're providing essential services to the masses

Twitter is not in any way an "essential service". The collective set of communication platforms that people use are, in concert, important, but it'd still be a stretch to say even that combination was "essential"; I certainly don't think it's reasonable to consider any one of them "essential" by itself. If any one of those sites went away, people would adapt and use others, and more would arise rapidly to fill the void.

If the power goes out, people die. If Facebook goes down, people probably become on balance happier.

Ignore for a moment that Facebook is publicly traded; imagine it weren't. Do you believe, by way of example, that Facebook should be prohibited from pulling the plug and formatting all the servers one day, just because they decided they were tired of it? I don't.

Twitter is not an "essential service". It's useful. We're not utterly dependent on any one site; we're dependent on some site. If it went away, life would go on, and people would find alternatives. The only critical issue would be if all such sites went away simultaneously, rather than just one. "Widely used" is not "essential".

Re:FCC to move ahead with 'rulemaking' on Section 230 by the8472 on Thursday October 15, 2020 @09:45PM (#24796546)
> The collective set of communication platforms that people use are, in concert, important, but it'd still be a stretch to say even that combination was "essential"

Yes, I am concerned about the collective of privatized communication mediums. More and more private, personal communication runs over these platforms. Facebook is not just your timeline, it also is whatsapp. Twitter has DMs too. Those get filtered too. This is unlike telephone or face-to-face communication.

Their continued existence is not essential to life, I agree. But they shape communication which is essential to society as a whole. If we can't do anything about the network effect then having a disinterested network should be preferable.

> This proposal would make it nearly impossible to simultaneously have user-posted content and moderation.

I already mentioned this in another post, but let the userbase collectively handle the moderation of what would now be considered "community guidelines", let the platform provider handle moderation of illegal content. This may require much better tooling and different ways content is amplified (or not) than social media platforms currently offer but it doesn't seem as impossible as you say.

Re:FCC to move ahead with 'rulemaking' on Section 230 by JoshTriplett on Friday October 16, 2020 @01:41AM (#24797851)
> If we can't do anything about the network effect then having a disinterested network should be preferable.

I don't want a disinterested communication platform. I want a highly interested communication platform that actually cares and maintains standards. I've tried both, and I find moderated platforms far more enjoyable. I'm not telling other people what kind of platform they should prefer; I'm stating that both such platforms should be available to those who prefer them. Freedom of association is valuable.

> let the userbase collectively handle the moderation

First, it's not at all obvious why user moderation would avoid the liability, and why that wouldn't put either the site or the user at risk under this new draconian liability scheme.

Second, user moderation like that requires some form of meta-moderation ("which users get to moderate"), and then you're back to the same problem.

Third, you're arguing that a site isn't allowed to pay people to moderate, and instead should rely on unpaid labor by volunteers to make the site more useful.

Fourth, you're effectively arguing that people who run websites (as opposed to those who use them) are not allowed to have standards. (And "not allowed without incurring liability" means "not allowed", in practical terms.) No. If I host a chat server, and someone comes on and starts chanting "butts butts butts butts" (saw this one happen) or "you should be gassed" (also saw this one happen) or "good ban all (slur)" (saw that one in a flagged comment on this website today) or "such-and-such group are mentally ill" (I've seen this one too), they're getting banned, whether I own the server or not, the same way they'd get kicked out of a party, or a cafe, or a business. Do you believe that, because I have standards and norms, I should not be allowed to run a server? Because if that causes me to incur liability for user's content, I cannot run such a server. Why is that a problem? Use someone else's server. I do, in fact, have freedom of association, and (modulo protected classes) believe very strongly in "we reserve the right to refuse service to anyone".