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Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pfisch on Tuesday August 29, 2023 @07:01PM (#37315314)
When in all of US history were private companies not controlling the public discourse and "censoring free speech"?
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by lmm on Tuesday August 29, 2023 @07:39PM (#37315658)
We didn't used to let private companies control the public discourse. The mail is government-run and there are mail privacy protections as deep as the constitution. In the age of radio and TV we at least had the equal time rule and some level of public oversight.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by shadowgovt on Tuesday August 29, 2023 @09:03PM (#37316336)
And an FCC that could yank your broadcast license for transmitting obscenity.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by lmm on Tuesday August 29, 2023 @09:18PM (#37316447)
Sure, but there's at least some democratic accountability to that.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pfisch on Wednesday August 30, 2023 @06:06AM (#37319678)
The mail wasn't really public discourse though.

Newspapers/tv/radio were, and no one was giving nazi's equal time on every issue.

Newspapers only ever published what they wanted to, censoring any viewpoint they felt like censoring.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dan_Sylveste on Wednesday August 30, 2023 @11:26AM (#37323635)
> control the public discourse

The truth is that before the internet, there wasn't really any genuine public discourse. If you wanted any reach at all, you had to go through a gatekeeper of some sort.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by tomtheelder on Wednesday August 30, 2023 @02:00PM (#37326214)
Following all my opinion, but easier to write without constant hedging:

IMO public discourse is less controlled by private corporations/organizations now than at basically any other point in our history, with the possible exception of like, 10 years ago.

There was never previously any realistic method for a private citizen to gain a platform to meaningfully influence discourse. Traditional media _literally_ defined the narratives in play. I’d argue that a whole lot of the ideological carnage and polarization going on is directly a result of the “democratization” of public discourse.

While there was some oversight, the reality is that news media still had basically total control over whatever narrative they were interested in pushing.

In fact, I’d argue that a lot of the ideological chaos and subsequent censorship we have seen recently is precisely a result of private corporations losing control of public discourse.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by krapp on Tuesday August 29, 2023 @07:16PM (#37315467)
Never.

In fact, the reason the First Amendment limits the government, exclusively, is that the ability to abridge free speech (to choose which forms of speech you support, spread, or disassociate from) is implicitly a part of individual liberty, held by the people. Free speech has never guaranteed anyone a platform.

That's not a bug, it's a feature.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by zeroCalories on Tuesday August 29, 2023 @07:53PM (#37315778)
You're not free to not associate with people in the U.S. Businesses are not allowed to discriminate against protected classes. This is because businesses are foundational to modern life, so being excluded from them greatly hurts a person. I don't think it's unreasonable to think that we should look to expand such protections to all people for certain services, especially those which are more like infrastructure for modern life. Not saying sites can't have a TOS, but an ISP should have a really good business reason for blocking you(illegal activity, spam).
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by krapp on Tuesday August 29, 2023 @08:20PM (#37316006)
>You're not free to not associate with people in the U.S.

Yes I am. If Jehovah's Witnesses come to my door I am perfectly within my rights to tell them to go away. I don't have to go to church if I don't want to. I'm perfectly allowed not to associate with racists and homophobes.

Businesses are not allowed to discriminate against protected classes, true, but being an asshole is not a protected class, and every bar and restaurant still has a sign saying they can refuse service to anyone.

>Not saying sites can't have a TOS, but an ISP should have a really good business reason for blocking you(illegal activity, spam).

I'd be willing to agree if I didn't remember the last few months of vociferous support for repealing Section 230, having the government take over social media platforms and make TOS's and most forms of moderation illegal. Even make "algorithms" illegal.

On the one hand, I get the free speech argument, but on the other hand, there is a right-wing accelerationist agenda using that argument to push the Overton window of acceptable regulations far enough that it becomes illegal, de facto or de jure, for any site to engage in any form of moderation. I don't believe for a second that people are going to be satisfied with simply regulating ISPs, even if I'm far more sympathetic to the argument that they should be considered infrastructure than websites themselves.

For the time being, the market seems to be working. Conservative and right-wing alternatives are rising to take advantage of sites being pushed out of the mainstream, and I think that's acceptable.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by zeroCalories on Tuesday August 29, 2023 @09:28PM (#37316530)
> Yes I am. If Jehovah's Witnesses come to my door I am perfectly within my rights to tell them to go away. I don't have to go to church if I don't want to. I'm perfectly allowed not to associate with racists and homophobes.

> Businesses are not allowed to discriminate against protected classes, true, but being an asshole is not a protected class, and every bar and restaurant still has a sign saying they can refuse service to anyone.

Clearly I'm not talking about interpersonal association. We're talking about your freedom when conducting business, which is normal to regulate in the U.S in this way.

> I'd be willing to agree if I didn't remember the last few months of vociferous support for repealing Section 230, having the government take over social media platforms and make TOS's and most forms of moderation illegal. Even make "algorithms" illegal.

Do you think I support repealing section 230 when I said "Not saying sites can't have a TOS"?

> On the one hand, I get the free speech argument

Nothing I said has anything to do with free speech. As stated above, I think it's fine for sites to moderate themselves in a partisan manner.

> but on the other hand, there is a right-wing accelerationist agenda using that argument to push the Overton window of acceptable regulations far enough that it becomes illegal, de facto or de jure, for any site to engage in any form of moderation. I don't believe for a second that people are going to be satisfied with simply regulating ISPs, even if I'm far more sympathetic to the argument that they should be considered infrastructure than websites themselves.

There are other threats besides right wing extremism, like the centralization of power. Even if the power is wielded by some collective consciousness, I have interests that are not shared by the collective, so I don't want them having the ability to dictate my life. I think many people would also share this concern, so the government is a good way to solve that.

> For the time being, the market seems to be working. Conservative and right-wing alternatives are rising to take advantage of sites being pushed out of the mainstream, and I think that's acceptable.

That seems to be the exact opposite of what you want, doesn't it?Extremism is very popular and profitable.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by rascul on Tuesday August 29, 2023 @09:22PM (#37316480)
> You're not free to not associate with people in the U.S.

I'm not? There are certain exceptions, such as certain police interactions, or a court order, or protected classes when I'm doing business stuff, but I don't think that's correct in general.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by lr4444lr on Tuesday August 29, 2023 @08:49PM (#37316218)
I think the concept of Common Carrier is a direct refutation to what you're saying, but hey, that's just my opinion.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by hexage1814 on Tuesday August 29, 2023 @09:22PM (#37316481)
>it means social media companies are allowed to ban you for any reason they like

Can they ban someone for being black or gay? Do you think they should have this right, since they are private corporations?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by tomtheelder on Wednesday August 30, 2023 @02:03PM (#37326268)
Amendment to the post you are responding to: any reason aside from membership in a protected class.

Political belief does not, and absolutely should not, constitute a protected class.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by hattmall on Tuesday August 29, 2023 @09:50PM (#37316677)
Focus on speech though. Can the Phone company cut you off because of the content of your communication? Assuming you aren't breaking any other law like harassment?

The deciding factor is if your business revolves around facilitating speech. The law has some way to go to catch up with the current state of affairs, but right now the government is enjoying the power of censoring that speech so it may not be an easy path.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by chonkerz on Wednesday August 30, 2023 @02:34AM (#37318434)
Kiwifarms is breaking a lot of harassment and stalking laws.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by hexage1814 on Wednesday August 30, 2023 @04:19AM (#37319083)
Good, then it should be easy for the police to shutdown the website if that's the case. Tell the authorities and let the justice system to deal with it.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by mftrhu on Wednesday August 30, 2023 @05:06AM (#37319335)
> That’s what must happen here. The cops and the courts should be working to protect the victims of KF and go after the perpetrators with every legal tool at their disposal. We should be giving them the resources and societal mandate to do so. Solid enforcement of existing laws is something that has been sorely lacking for harassment and abuse online, and it’s one of the reasons people turn to censorship strategies. Finally, we should enact strong data privacy laws that target, among others, the data brokers whose services help enable doxxing.

But the authorities and the justice system seem unwilling to do so, and - in the face of their refusal to act - you can't expect people to just give up and not defend themselves, not when they can exert other forms of pressure.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by hexage1814 on Wednesday August 30, 2023 @07:03AM (#37320183)
>But the authorities and the justice system seem unwilling to do so

To me sounds like a conspiracy theory. If their crimes are so unquestionable and clear, it should be pretty easy and straightforward to prove it in a court of law. The other alternative being, of course, that there is no crime happening here, at least under the US law, and their actions, as tasteless and despicable as they might be, are covered under the american law and KF opponents are using corporations to censor legally protected speech.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by mftrhu on Wednesday August 30, 2023 @07:22AM (#37320351)
> To me sounds like a conspiracy theory

I would like you to pay attention to the word "seem", which describe how their action - or lack thereof - appear to a third party, especially one which has been subject - and continues to be subject - to said "tasteless and despicable" actions, and to avoid jumping to conclusions.

> The other alternative being, of course, that there is no crime happening here [...]

That hardly sounds like the only other alternative. Even without assuming the malice of some hypothetical "conspiracy", it might be the case that

(1) the crime isn't happening here, on US soil, and thus the relevant authorities lack the power to pursue it (see also: spam call centers located in foreign countries);

(2) whoever is tasked with pursuing said crime has other, higher-priority crimes to deal with, and decided that the potential pay-off was not worth the cost of prosecution (see also: the whole US justice system);

(3) the prosecution is waiting to build a stronger case;

(4) it is not clear who should prosecute who (see also: diffusion of responsibility);

(5) the file was lost;

(6) the file got eaten by a grue;

(7) any other reason for why a large and complex machine might turn out to not be effective in dealing, in a timely manner, with a loose group of people who gather on servers hosted on foreign soil, which are not "KF opponents [...] using corporations to censor legally protected [sic] speech";

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by zirgs on Wednesday August 30, 2023 @07:34AM (#37320461)
There is a reason why KiwiFarms is not hosted in my country. We have hate speech and data privacy laws that would prevent it from being hosted here. All that dox crap alone violates the GDPR.

There even was a thread on that forum where the admin asked for advice about alternate hosting locations and could not find any.

The USA is the only country with speech laws permissive enough and data privacy laws weak enough for that site to be legal there.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by stale2002 on Tuesday August 29, 2023 @07:45PM (#37315711)
When we made laws to prevent them from doing so.

In the US, related to this specific situation, the laws are called "Net Neutrality" and "Common Carrier" laws.

Such laws are well established and uncontroversial. Pretty much everyone agrees that it is a good thing that the power company can't shut off your electricity just because you said something that it didn't like.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pfisch on Wednesday August 30, 2023 @06:10AM (#37319703)
Those weren't really the public square or a mass communication system though. You're kinda comparing apples and oranges.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by stale2002 on Wednesday August 30, 2023 @02:08PM (#37326353)
If you want an example of something that is almost quite literally the public square, you could look at the court case robin vs pruneyard.

In this case, the government forced privately owned malls to allow political protests. So yes the government has forced public squares to be open to the public and prevents private companies from censoring political speech in those public squares.

> or a mass communication system though

Common carriers quite literally are mass communication systems. What do you think common carriers "carry"? The answer is that many of them carry communication.

Things like the phone system are for mass communication.

So yes, we have laws that effect both the public square and mass communication systems.

ISPs are also communication systems and laws called "net neutrality" laws force them to do certain things.

In fact, this article itself is about how the ISP is acting illegally and is breaking existing laws about what the ISPs can censor.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by bluescrn on Wednesday August 30, 2023 @04:18AM (#37319076)
When 'the public square' was a physical location rather than a social media feed.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pfisch on Wednesday August 30, 2023 @06:08AM (#37319695)
There is really no point in us history where getting your viewpoint out there wasn't done with media like newspapers.

You could always go yell at people in the street like a crazy person. You still can.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dan_Sylveste on Wednesday August 30, 2023 @11:28AM (#37323664)
The public square had a very minimal reach. If you wanted to reach significant numbers of people you had to pay or get a sponsor.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by didntcheck on Wednesday August 30, 2023 @04:27AM (#37319121)
Probably never, but the past being bad is hardly a justification for present inaction
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by pfisch on Saturday September 02, 2023 @02:17PM (#37364043)
I don't know if you've noticed, but in the short time since we have basically removed all gatekeepers things have not gone well.

Our democracy is on the verge of collapsing because liars and frauds have grabbed their newly available megaphone and convinced a very significant portion of the population that any election they lose is rigged.

If our democracy even survives this, which is questionable right now, we really need to rein in social media if we don't want to live under a despot.