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".
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".