Social media companies are generally not liable for user activity under a statute commonly known as Section 230, a 1996 law that was aimed at encouraging new forms of communication at the outset of the online era.

In the early days of the internet, there were several high-profile cases in which companies tried to suppress criticism by suing the owners of platforms.

One involved a lawsuit against the early online service Prodigy by Stratton Oakmont, the brokerage firm depicted in the Leonardo DiCaprio movie “The Wolf of Wall Street.” The court found Prodigy was liable for allegedly defamatory comments by a user because it was a publisher that moderated the content on the service.

So let me get this straight, there has been established precedent set in court that if a company moderates their content heavily, they are no longer protected under section 230? Where’s the section 230 removal from Twitter, Facebook, and all Google Platforms?

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@coyote The internet has moved on since 1996, how has the law kept up with that ?

@zleap it hasn't seemed to change much, don't know why 230 repeal is in the air if this legal precedent is already set. Not a lawer so I have no clue about actual practice of these laws, but I've not once heard mention that the solution to the problem may already be here.

@coyote I think it is an attempt to make these platforms more liable and therefore take responsibility for content, as they can be sued.

@zleap I think 230 repeal would destroy the internet in a lot of ways
@coyote @zleap 230 could be fixed, the problem is we have to fix it in the courts, and the courts right now haven't been working great.

@coyote @zleap i thought so too but I chatted with some people in a Constitutional Original Intent and Modern Application debate chatroom about how First Amendment would still allow free speech. But, it would allow more censorship. My thoughts is eliminating Section 230 would simply lead to more Decentralized services because they are censorship resist and the people doing the censorship on centralized services wouldn't be responsible as middlemen that way.

@MakeAmericaFreeAgain @coyote It is complex, over here a few football (as in soccer ) have been subjected to racist abuse, not sure how free speech /. expression fits in there but at least with a decentralised platform they would just be able to block the servers responsible or lock down a mastodon server for example for that teams players
if you want to follow them you do from another instance

@MakeAmericaFreeAgain @zleap Well free speech hasn't been successfully argued in court against the tech oligopoly, why would it suddenly change meaning or interpretation if 230 were repealed?

@coyote @zleap because it would put liability on the corporations rather than the individuals, but if a shift to decentralized tech happens then the individuals would be solely responsible for their actions. So, really there would be no need to defend oneself unless unlawfully arrested for speaking freely. Hoping that makes sense.

@MakeAmericaFreeAgain @zleap yes that makes much more sense, however I doubt a place like pleroma.site or mastodon.social or spinster.com could handle the pressure and may be forced closed if 230 protections are removed, whereas Google, M$, and Twitter, all extensions of the global spying apparatus that benefits the governments of the world, they will stay open because Alphabet and M$ are too big to fail, they have institutional protection, and have billions to burn on making sure they stay open. Google just goes with a fine in the EU when it breaks the law, they don't even *try* to fix the problem. I'm most worried this will land innocent people in jail, or get small growing sites to die. I'd rather see reform than repeal, especially when no legal recourse is possible but only for those "in the club". We see it with wall street in 2008, in 2021, we see it with Google getting slaps on the wrist from EU agencies. It's a clown show, and 230 is the only thing protecting the little guy right now, 1st amendment won't protect us from big multinational tech oligopolies or oppressive governments...

@coyote @zleap thus the need for Anonymous Computing. SCOTUS ruled anonymous speech legal under 1A, and if you do a quick search MIT teaches its students about the ethics and importance of anonymous computing due to what you just mentioned. All its going to do is force protected speech to become anonymous speech or psuedo-anonymous speech even. That's all.
I believe you are correct to some degree, but that is why sites like 4chan and 8chan thrive. As well as ZeroNet/FreeNet now.

@MakeAmericaFreeAgain @zleap a while ago yes, it provides protection for platforms to keep their users liable for their actions and words, not platforms taking all the blame. The problem with getting rid of it is that it protects the little guy, it really does, and even with 230, Gab, Parler, Minds, Telegram, Matrix/Element/Riot/Vector/whateverthehell, they've all been deplatformed through extralegal means, in ways that don't involve the legal system, and probably never will, unless 230 gets messed with.

@coyote @zleap so, what's wrong with switching to platforms that operate through Tor and I2P like the forums I set up two years ago for fun as an example of how to protect free speech? Lol, free speech will never die. It will just look different in the future in my eyes is all.

@MakeAmericaFreeAgain @zleap no one will ever do that en masse, that's kind of the problem. We end up in a China situation where we have to hide.

@coyote @zleap yes, true and its sad. Most people with whom I have spoken with on the topic in real life want to deny this being a possibility, but you are absolutely correct. The threat is very real and the fact that so many still fail to see it is what will ultimately do us all in if you ask me.

@zleap if the legal precedent is to be believed, they already are liable

@coyote well users are already. as people have been sued for comments made, libel, slander etc still apply in the digital world

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