@freemo I don't know how long it's been since you tried that last one, but I don't think it applies anymore. The prescriptions here are all tracked by computer, so if you need a prescription for it, you're already being tracked whether you pay in cash or not.
Re: Gonzalez v. Google, there are alot of news articles this morning focused on how the Justices were "confused." Just want to jump in and say judges also use that phrase to say other things, such as: (1) "I'm annoyed at you" or (2) "I don't buy your argument." I have been on the other side of this phrase before.
There were cringeworthy moments yesterday (like screenshot v. thumbnail), but when you listen to the audio, it's not as simple as they don't understand what's going on. #LawFedi
@ThinkingSapien Correct, and that anti-LGBTQ obsession is the basis of Ron DeSantis's upcoming presidential bid.
He's openly courting bigots for votes because that's where America and the GOP are right now.
@jmiers230 I'm much less familiar with that one than Gonzalez. Have you written a primer on Taamneh?
Yesterday was only a little busy...so I'm sharing some quick thoughts about the Gonzalez oral args today.
All in all, I'm cautiously optimistic. I was prepared for the Internet's ultimate doomsday.
We're not quite there (yet). #Section230 🧵
@emkingma @jeffjarvis ^This. I'm not scared of AI. I'm scared of who gets to wield it.
Can someone please page Ron Wyden to come into this #SCOTUS hearing?
Is it just me, or is the defense in this #Section230 case totally botching the hell out of it?
What the hell was that "sex and violence on TV" example?!?
@ThinkingSapien Agreed. I need a "Now Speaking: " label.
@greg And you don't see any problem with YouTube being liable for third-party defamation because they included a "next episode" button?
Spam filters may remove the most egregious, but for the most part, they don't; they simply categorize it into a folder. The only difference between the folders is which one opens by default when you open the app... because those are the ones you're recommended to actually pay attention to. Spam filters are absolutely recommendation algorithms.
How about search bars? Can platforms add any functionality to make them more useful by recommending datapoints that are more viewed and liked to the top of the search results? In particular, that's useful for preventing people from following fake accounts of high-profile folks on social media. But would that make them liable for the third-party content of those accounts they're "recommending" because a user searched for them?
If a small forum has a feed at the top recommending the most active threads, do they become responsible for the third-party content of those threads?
If an online game recommends friends to play with, do they become responsible for what those users say?
Is Yelp going to be liable for basically everything ever written on their website by third parties by the very nature of their business?
@greg I don't know about that. The proliferation of hashtags into everyday conversation is a pretty good indicator that the public does have some idea of how this works. Obviously, they don't know the intricate details, but I think most social media users understand that the "Recommended" or "Trending" sections feature content that's a mix of what the site owners want you to see and what other users are most talking about (and ads).
But let's digress. You started this thread by writing "content algorithms [should be] considered content themselves".
So, let's try a hypothetical. Let's say a white supremacist uploads some awful, and legally defamatory, content to YouTube in two parts. Defamation is difficult to prove, and may or may not violate YouTube's rules, but for the sake of the hypothetical, let's say it does break YouTube's rules, but it's still pending moderation (they haven't gotten to review it yet).
A viewer then watches the entire first part and, naturally, YouTube's algorithm recommends the subsequent episode, as anyone would reasonably expect them to.
Under your desired system, would this not make YouTube just as liable to be sued for the content as the creator of the content?
Another example: Wikipedia has a list of recommended articles on its homepage. If some user goes to those articles and edits one to contain libel, should Wikipedia the company then be liable for that because they "recommended" it?
A third example: Many email services now use spam filters that learn from user preferences, making them customized to the user. The fact that they sort incoming information automatically to recommend "good" mail to the inbox while hiding bad mail in the spam box... would that make the mail provider liable for the content of all messages delivered?
@greg See, I disagree with that. They can be "regulated" with simple public pressure. Look at how Facebook has massively beefed up its non-English-speaking moderators since the Myanmar thing.
This is all exceedingly new technology. It's not reasonable to punish someone for failing to predict every possible tangent the technology enables. Moreover, the law moves too slowly to keep up, and by setting things in stone, could stifle the very innovation that would produce further improvements limiting harm.
If social media causes harm (maliciously or ignorantly), they're already held responsible by the general public's outcry. They then have the option to respond to that criticism and improve, or lose customers and profits.
Which do you think they'll choose?
@brembs You better knock on some wood after "impervious to private take-over".
Email is impervious to private take-over too, but try telling that to Gmail.
@greg No, I absolutely acknowledge your point as valid.
I just primarily disagree with where to place the blame.
Those same algorithms that can cause harm also help marginalized communities find and support each other. They're not inherently good *or* bad because all they do is just repeat and distribute the content of others.
The content itself is what matters.
And it drives me up a wall that so many people are more angry at social media for *carrying* the messages than they are at the authors for *writing* those messages.
To use your own words: "I feel like you're engaging in motivated reasoning to [attack] these companies."
@murshedz It's been a while since I've heard of a plan so likely to backfire...
I remain a supporter of CDA 230 and I sincerely hope it is not gutted after tomorrow’s argument.
I understand why the focus is on whether sites like Facebook get “out of jail,” but for my clients who can’t afford a full-blown content liability fight over a specious content claim — student groups for messages on their listservs, community groups on social media platforms, users sharing content from other users — it is often the only law that we can use to put forth an effective defense.
With all of the horrible things happening in the world, it’s nice to find the wins. Especially in the area of our environment. A group called Coral Guardian is restoring coral reefs, and it’s quite magnificent. More wins like this, please.
Software engineering contractor/consultant in Florida specializing in .NET C# #WebDev, plus #Indie #GameDev in #MonoGame, #Stride, and #Godot.
I like complex simulations and enjoy writing procedural generation algorithms for fun.
#Pilot in training. Burgeoning fan of #Aviation in general.
Fan of #1A jurisprudence and the kind of #FreeSpeech that applies to everyone equally.
Pro-Democracy. Pro-Rights. Pro-Freedom. In that order.
He/Him 🏳🌈
High risk of rants, especially with the lack of character limit.