Re:Chrome exempts Google sites from user site data settings
by afiori on Wednesday October 21, 2020 @03:19AM
(#24845498)
Interesting :) in this context I still do not understand how this would not apply to the New York Times.
If I had to guess I might point at employer liability or contract laws, but it might be a discovery for another day
Re:Chrome exempts Google sites from user site data settings
by michaelmrose on Wednesday October 21, 2020 @02:18PM
(#24850546)
It applies to the New York Times comment page or indeed places where they offer people who don't work for the times a place to communicate. When someone who is paid by the times writes an article for publication they are responsible for that work.
It's a short law read it.
https://www.law.cornell.edu/uscode/text/47/230
There is no clause that specifies that a company even can in a blanket fashion "lose protection" in such a fashion.
First relevant section.
This is completely without qualification.Second relevant section
It says you can't be held liable for blocking something in "good faith" Nowhere on earth does it suggest that any action will cause you as an actor can lose protection under this act. It just says that no action taken in good faith can result in you being held liable for that particular act.This means that in order for a party to sue they would have to prove both that they were blocked in bad faith AND completely aside from this title they possessed a legitimate cause to sue.
To be completely clear someone could post on reddit the libelous allegation that you ate babies causing you to lose your job at the day care a clearly obvious cause of action and then the ceo of reddit could personally block your profile to keep you from running against him for mayor of your little town. A judge could agree that your content was blocked in bad faith and you STILL wouldn't be able to sue reddit for the baby story.
If you don't like that reddit or facebook or twitter blocked your story your problem becomes finding a legal right to exercise your legitimate freedom of speech VIA their platform.
The DMCA has existed for 24 years longer than some readers here have been out of diapers and I can no platform has been censured yet for removing deplorables in a nation full of both deplorables and lawyers. It seems likely none ever will without a new law not a new interpretation.