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Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by zer8k on Tuesday August 29, 2023 @05:36PM (#37314472)
The ACLU will absolutely oppose this. If not for the reason they stand to make a lot of money suing ISPs for "not doing enough" to stop the big-ole-meanies online.

I see ISPs blocking "mean speech" to "protect people" as another symptom of the enshittification of the internet. I legitimately cannot understand problems in this arena because you can just...walk away from your computer. Or turn off the website. Or hey, maybe don't TIE YOUR ENTIRE LIFE AND REAL IDENTITY TO THE INTERNET. I suspect the prominent use of pseudonyms 30 years ago prevented most forms of ongoing harassment. Narcissists need the validation and so now big brother needs to step in to protect them.

I think society is getting a little too comfortable with the idea of big brother and it's making me really, really uncomfortable. As an old man yelling at a cloud the internet really was better 20 or 30 years ago.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by psychphysic on Tuesday August 29, 2023 @05:46PM (#37314564)
The ACLU are pretty useless these days
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pessimizer on Tuesday August 29, 2023 @06:55PM (#37315242)
Actively harmful.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by TRiG_Ireland on Tuesday August 29, 2023 @05:48PM (#37314598)
> you can just...walk away from your computer

I take it that (a) your income doesn't depend on your internet presence, and (b) you're reasonably well off. KiwiFarms has done massive damage to people in "the real world", and some people concerned for their safety cannot afford to ignore it. It is a genuine danger.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by brailsafe on Tuesday August 29, 2023 @05:53PM (#37314645)
and people who engage in that sort of activity have in some cases been prosecuted, which is just, but those people didn't do it because the internet exists, they did it because they're monsters.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dalewyn on Tuesday August 29, 2023 @05:56PM (#37314677)
There are laws and law enforcement already in place to address bad actors, particularly those who would pose tangible harm upon an individual.

Violating the principle and right of free speech is nothing more than grabbing and abusing power.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by wmf on Tuesday August 29, 2023 @06:33PM (#37315022)
For Internet harassment there basically isn't law enforcement. This needs to change but I'm not sure how.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by anigbrowl on Tuesday August 29, 2023 @05:49PM (#37314606)
You're thinking solely in terms of private individuals. Other entities exist and have to be internet-connected to function; corporations, nonprofits, government bodies, institutions. They can't very well use pseudonyms because their whole reason for being is to be accessible to the public.

So that makes them easy to target for abuse, eg https://oaklandside.org/2023/08/29/chabot-elementary-evacuat...

An episode like that costs tens of thousands of dollars in lost productive time, police response and investigation etc. And it's increasingly common.

I don't think ISPs can or should proactively try to prevent this (or they'd have to preemptively scan and evaluate every packet request), but I also don't think your dunk on the ACLU has any substance. If an ISP knows that a customer is bad actor because it's brought to their attention in a credible and rigorous way, then it seems quite legitimate to me to cut them off.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by whatwhaaaaat on Tuesday August 29, 2023 @05:58PM (#37314698)
The bomb threat is already a crime. Properly prosecute it.

Are you trying to say that some opinion posted online that may or may not have been consumed by the offender in this case is somehow directly responsible?

My question to those who support big brother any lawful but awful speech is - do you really think it won’t be used to silence any dissent of the ruling powers?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by paddlepop on Tuesday August 29, 2023 @07:51PM (#37315749)
>> My question to those who support big brother any lawful but awful speech is - do you really think it won’t be used to silence any dissent of the ruling powers?

My question to those that use this line of reasoning is do you really think a ruling power willing to silence dissent would do so whether or not it is supported?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by whatwhaaaaat on Tuesday August 29, 2023 @10:06PM (#37316788)
A salient point no doubt. There is ample evidence that some are silenced by a range of methods. I’m simply not going to support codifying that sort of thing in law.

I would argue if we have people in positions of power who would make decisions like that then it is our duty to our progeny to relieve those in question.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pessimizer on Tuesday August 29, 2023 @06:52PM (#37315204)
In order to prevent bomb threats, we should run algos on every phone call. If they try to make a bomb threat, we can just break the connection and refer the caller to police. Why even wait for phone calls? We can just make the phones emit a high pitched alarm and send cops whenever the algos hear any sort of hate crime within range of the microphone.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by mcpackieh on Tuesday August 29, 2023 @07:40PM (#37315673)
Don't forget, we have to open and read everybody's mail and read it too, otherwise somebody might deliver a bomb threat through the USPS.

The Stasi would be insanely jealous of the new tools for totalitarianism the tech industry is building. We're constructing a digital panopticon around ourselves. If this is allowed to go much further, escape will become incredibly difficult.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by anigbrowl on Wednesday August 30, 2023 @12:47PM (#37324900)
Literally the opposite of what I said. Spare me your performative outrage.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by JamesBarney on Tuesday August 29, 2023 @07:03PM (#37315338)
Do you agree with everyone's idea of what a bad actor is?

Because Mississippi and New York have very different ideas about who are bad actors.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by bb88 on Tuesday August 29, 2023 @09:23PM (#37316490)
Isn't that what laws are for? Mississippi and New York can have different laws, but it's better than mob rule.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by jstarfish on Tuesday August 29, 2023 @08:00PM (#37315850)
> If an ISP knows that a customer is bad actor because it's brought to their attention in a credible and rigorous way, then it seems quite legitimate to me to cut them off.

This would invite false-flag attacks to get others kicked off the internet, especially if you run a public-facing service. If you can find any way to attribute something to someone, it doesn't even have to rise to the level of preponderance of evidence.

This changes the venue for addressing allegedly-criminal behavior of owners/operators from courtrooms with established procedures to arbitrary decisions by nameless individuals accountable to nobody. This certainly works to someone's advantage, especially in cases where the allegations have been fabricated or exaggerated. Let's move things to a kangaroo court where a doctored screenshot is sufficient evidence for us to ban someone/something and there is no formal procedure or record for anyone to review. The accused isn't even entitled to an appeal; the accusation is the conviction.

ISPs were really rigorous in their diligence when the RIAA started suing their customers. DMCA takedowns have never been abused either. ISPs have notably not been quick to do anything about the DDoS attacks Kiwi Farms' detractors have brought to bear against them.

For some reason, of all those people "victimized" by Kiwi Farms, not one can muster a defamation suit? Apparently they organize raids or something on a public forum inclusive to all, but no screenshots or archived copies of these pages exist? For all the claims against KF, apparently none can survive scrutiny from either civil or criminal litigation. The one untrained guy that runs it can only be tried in secret tribunals, in absentia, and must not be allowed to have a platform on which to defend himself. This is the cliquish behavior of spoiled children crying to their gullible grandparents as an end-run around their parents-- not a means of justice.

People claim a lot of things about the Kiwis but the one thing nobody ever calls them is liars.

> So that makes them easy to target for abuse, eg https://oaklandside.org/2023/08/29/chabot-elementary-evacuat...

It's unfortunate that a school that went out of its way to host events only for children of color received a bomb threat. That terrorist should go to jail, and by the rules of this New Woke Order someone should send a letter to the school's upstream hosting providers to get that racist school kicked off the internet.

The people pushing for ISP-level policing aren't going to like living under the rules they're creating. It's going to make it completely fucking unusable for everyone. Like the HOA board members who want to run speed traps and install speed bumps to stop all the speeders, they always end up being among the first ones caught speeding. They'll create all these bypasses to make things intolerable, and then start up with "this place sucks now" and try to rally everyone into leaving.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by lisper on Tuesday August 29, 2023 @05:49PM (#37314607)
> you can just...walk away from your computer

Just say no. Because it worked so well for Nancy Reagan.

Oh, wait...

(For those too young to remember: https://www.history.com/topics/1980s/just-say-no)

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by nickff on Tuesday August 29, 2023 @06:03PM (#37314736)
I understand that you're being sarcastic, but don't understand exactly what you're implying. Are you saying that Nancy Reagan became a drug addict? Or else are you saying that experimenting with one or more drugs is beneficial?
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by lisper on Tuesday August 29, 2023 @06:12PM (#37314827)
I am saying that "Just Say No" is not an effective intervention for addiction. A lot of internet content is addictive, and the more addictive it is, the less likely it is to be bound to reality. So relying on individual self-control -- "just walk away from your computer" -- to counter the deleterious effects of misinformation on the internet is no more likely to succeed than it did for drug addiction.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pdonis on Tuesday August 29, 2023 @06:30PM (#37314985)
I disagree. I think the issue is that we don't demand enough individual self-control from people. Individual self-control is supposed to be table stakes for being a mature adult and being treated as such. And teaching that skill (and it is a skill) to kids should be a necessary part of raising them. If "Just Say No" was not effective, I think it's because it didn't get enough traction in society--it didn't become standard operating procedure, to the point where it's just obvious to every adult that yes, you teach your kids to Just Say No to drugs, until it becomes muscle memory.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by amiga386 on Tuesday August 29, 2023 @07:54PM (#37315782)
We're off on a tangent, but... I think you're thinking about people who don't really have an addiction (to the internet, or to drugs), but merely indulge more than they ought to and a little bit of moral rectitude they're alright again. If you had met hopelessly, chronically addicted people, the people for whom their addiction has utterly destroyed their life and they're pleading with you for help and they just keep getting worse and worse, I don't think you'd be so quick to say that all you need is individual self-control.

It is not merely the case that, faced with something potentially addictive, you just recall "Just Say No" and bada-bing, no addiction happens. Humans aren't robots. Humans get addicted to drugs and other activities, not just in social situations but also as a coping mechanism for life failures they can't fix, or see no way to fix. It can take years of psychological work to break the cycle of dependence, and in some cases it might not even be possible.

If you have time for a moving speech, listen to Craig Ferguson's monologue on his own alcohol addiction, his path to sobriety, and the constant vigilance needed to maintain it, which he gave rather than joke about Britney Spears' public freakout in 2007: https://www.youtube.com/watch?v=K46P7loICXY

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pdonis on Tuesday August 29, 2023 @08:09PM (#37315920)
> If you had met hopelessly, chronically addicted people, the people for whom their addiction has utterly destroyed their life and they're pleading with you for help and they just keep getting worse and worse, I don't think you'd be so quick to say that all you need is individual self-control.

I know there are such people, but they are a small minority. If "addiction" is only talking about them, then the response to the GP is simple: sure, "Just Say No" doesn't work for that small minority, but it can still work for everyone else, and shouldn't be discarded on that account.

My read of the GP is that they were not using "addiction" in this narrow sense, and my response was based on that interpretation. But they're welcome to correct me if I'm wrong about that interpretation.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by shrimp_emoji on Tuesday August 29, 2023 @08:22PM (#37316020)
My question would be: can we afford a better solution than "Just Say No" in a free society? Would a better solution be an overoptimization of outcomes, one that minimizes slack in the system, leaving the system brittle in times where that slack would have kept it from snapping? I.e., some neo-Weimar Republic phase looming ahead of us?

One recent example of this was the lack of free hospital beds at the height of COVID. In a pandemic, the overoptimization of nixing bed/supply reserves left no slack, leaving hospitals unfit to address the emergency.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by another_story on Tuesday August 29, 2023 @05:49PM (#37314609)
In the past the ACLU has defended hate groups right to freedom of speech. Do you have evidence that they'd do something to the contrary?
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Analemma_ on Tuesday August 29, 2023 @05:52PM (#37314635)
That was before the ACLU got hollowed out and skinsuited by activist groups. I'd trust the ACLU of 10 years ago to fight this, but not the one of today.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by yanderekko on Tuesday August 29, 2023 @06:33PM (#37315024)
I mean, to be fair this doesn't really pertain to the sort of Constitutional legal questions that the ACLU famously takes a hardline stance on. I don't think the ACLU endorsing private censorship is clearly at odds with their overall mission. (As opposed to say their going soft on hate speech laws, which clearly has 1A implications.)
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by JamesBarney on Tuesday August 29, 2023 @07:11PM (#37315421)
I'd rather have laws that prohibit free speech than have the government be able to stifle speech by pressuring large monopolistic organizations behinds closed doors.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by yanderekko on Tuesday August 29, 2023 @07:38PM (#37315646)
Sure, there are 1A concerns there. But that's not part of the HE issue as far as I'm aware.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by drewcoo on Tuesday August 29, 2023 @06:19PM (#37314883)
The ACLU fought Trump's "Muslim ban."

That resulted in lots of funding from the anti-Trump crowd. "Trump derangement syndrome" meant previously unimaginable funding.

They needed to do something with the money, so they staffed up, using the new staff to double down on the Trump-fighting.

Before 2016, there were a few claims that the ACLU was biased toward liberals. Afterward, you'll find many articles even from outlets like the Atlantic and the New York Times lambasting the ACLU as openly partisan. Just do a search for them!

So if this is censorship is intended to keep things safe and liberal, people suppose that the ACLU would support the censorship.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pessimizer on Tuesday August 29, 2023 @06:55PM (#37315236)
This is exactly what happened. They were flooded with money at the same time they were being flooded with new graduates that had strange ideas about what people shouldn't be allowed to do.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by amiga386 on Tuesday August 29, 2023 @06:53PM (#37315224)
Their national director's statement in the immediate aftermath of the Charlottesville riots:

https://www.vox.com/2017/8/20/16167870/aclu-hate-speech-nazi...

> The backlash has already spurred other ACLU chapters to declare that they don’t believe free-speech protections apply to events like the one in Charlottesville, and led the ACLU’s national director, Anthony Romero, to declare the group will no longer defend the right to protest when the protesters want to carry guns.

> “Until now,” lawyer and blogger Scott Greenfield wrote, the ACLU has “never quite come out and announced that they will refuse to defend a constitutional right. This announcement says that when someone seeks to exercise two rights at the same time, the ACLU is outta there.”

And their internal policy document listing out things that might stay their hand in an otherwise vigourous defense of free speech:

https://www.wsj.com/public/resources/documents/20180621ACLU....

> Considerations Specific to Speech Cases

> * Whether the speaker seeks to engage in or promote violence

> * Whether the speakers seek to carry weapons

> * The impact of the proposed speech and the impact of its suppression

> * The extent to which we are able to make clear that even as we defend a speaker’s right to say what they want, we reserve our right to condemn the views themselves

> * The extent to which we are able to mitigate any harm to our mission, values, priorities, and/or relationships

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by JamesBarney on Tuesday August 29, 2023 @07:10PM (#37315402)
The first two I disagree with but could arguably see, but the last three are really the death of the ACLU as we knew it.

I think that the ACLU had a bigger impact with 60m in funding as a nonpartisan organization with a respected reputation than as a soldier in the culture war.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by another_story on Tuesday August 29, 2023 @08:54PM (#37316265)
The first point is interesting to me. Choosing not to defend the 2nd amendment while defending the first. Thank for the info.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by droptablemain on Tuesday August 29, 2023 @06:54PM (#37315235)
The ACLU changed quite dramatically around 2016.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by adamrezich on Tuesday August 29, 2023 @06:47PM (#37315149)
you were on the Internet before it merged with reality and the two became one (in the minds of the people). you still perceive the Internet as being this discrete thing, separate from normal meatspace reality, because that's how it was, for a time, in the now-distant past.

smartphones and modern social media bulldozed over our glorious cyber-libertarian future and brought millions of people, all completely unacclimated to the Web and its social customs, online, together, in the name of social progress or something (but, not-so-secretly, it was just to target advertisements and content to people more efficiently), and this is the sad end result—corporate censorship everywhere, with normal people even going out of their way to espouse gratitude for said censorship, complete with all manner of stock memery to disparage anyone who disagrees ("freeze peach", "only the government can censor—if it's not the government, it's not censorship", etc.).

pour one out for the Internet of Yore if you must, but those days are long since over—there really isn't any way to put the genie back in the bottle anymore.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by krapp on Tuesday August 29, 2023 @06:54PM (#37315229)
The internet was never separate from meatspace reality - that was always a naive cypherpunk delusion.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by adamrezich on Tuesday August 29, 2023 @07:13PM (#37315435)
it's hard to remember now, but believe it or not, it used to be such that when you were done using the Internet for a session, you had to get up from your Ethernet or RJ45-connected personal computer and go live in the real world for a time.

twenty-five minutes ago, I posted the above comment, then got into my car to drive home from work. on the way home, at an intersection, I checked my phone to see if anyone had responded to my comment, and indeed, you had. I thought about it a bit, then, while waiting in line at drugstore to pick up a prescription, I typed and submitted this reply. this is most certainly not how Things Used To Be. you used to have to jack into the Matrix at a designated jacking-in terminal—you couldn't just wirelessly jack in anywhere, about the town, at any point in your daily life.

only a decade ago, the idea that a politician would use the Internet to directly attack or insult a political opponent was unthinkable—now, it's completely commonplace, as common as anyone arguing over the Internet, with anyone else about anything else. now, it's been successfully integrated into everyday life, completely. in the past, though, there most certainly was a time in which it was a completely separate thing, with completely different social norms than meatspace. I don't know why some are so eager to erase this in-the-greater-scheme-of-things extremely-recent history, and pretend like the Internet was always some sort of sanitized "safe space." there were "safe spaces", to be sure—but you had to make them yourself(!), or seek them out. communities were ideologically-driven, not advertiser/moral guardian-driven.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by dang on Tuesday August 29, 2023 @08:40PM (#37316157)
We detached this subthread from https://news.ycombinator.com/item?id=37314275.