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  • I think there's definitely a case to be made that recommendation algorithms, etc. constitute editorial control and thus the platform may not be immune to lawsuits based on user posts.

  • So, I can see a lot of problems with this. Specifically the same problems that the public and regulating bodies face when deciding to keep or overturn section 230. Free speech isn't necessarily what I'm worried about here. Mostly because it is already agreed that free speech is a construct that only the government is actually beholden to. Message boards have and will continue to censor content as they see fit.

    Section 230 basically stipulates that companies that provide online forums (Meta, Alphabet, 4Chan etc) are not liable for the content that their users post. And part of the reason it works is because these companies adhere to strict guidelines in regards to content and most importantly moderation.

    Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

    Reddit, Facebook, 4Chan et all do have rules and regulations they require their users to follow in order to post. And for the most part the communities on these platforms are self policing. There just aren't enough paid moderators to make it work otherwise.

    That being said, the real problem is that this really kind of indirectly challenges section 230. Mostly because it very barely skirts around whether the relevant platforms can themselves be considered publishers, or at all responsible for the content the users post and very much attacks how users are presented with content to keep them engaged via algorithms (which is directly how they make their money).

    Even if the lawsuits fail, this will still be problematic. It could lead to draconian moderation of what can be posted and by whom. So now all race related topics regardless of whether they include hate speech could be censored for example. Politics? Censored. The discussion of potential new laws? Censored.

    But I think it will be worse than that. The algorithm is what makes the ad space these companies sell so valuable. And this is a direct attack on that. We lack the consumer privacy protections to protect the public from this eventuality. If the ad space isn't valuable the data will be. And there's nothing stopping these companies from selling user data. Some of them already do. What these apps do in the background is already pretty invasive. This could lead to a furthering of that invasive scraping of data. I don't like that.

    That being said there is a point I agree with. These companies literally do make their algorithm addictive and it absolutely will push content at users. If that content is of an objectionable nature, so long as it isn't outright illegal, these companies do not care. Because they do gain from it monetarily.

    What we actually need is data privacy protections. Holding these companies accountable for their algorithms is a good idea. But I don't agree that this is the way to do that constructively. It would be better to flesh out 230 as a living document that can change with the times. Because when it was written the Internet landscape was just different.

    What I would like to see is for platforms to moderate content posted and representing itself as fact. We don't see that nearly enough on places like reddit. Users can post anything as fact and the echo chambers will rally around it if they believe it. It's not really incredibly difficult to radicalise a person. But the platforms aren't doing that on purpose. The other users are, and the algorithms are helping them.

  • This is the best summary I could come up with:


    A New York state judge on Monday denied a motion to dismiss a lawsuit against several social media companies alleging the platforms contributed to the radicalization of a gunman who killed 10 people at a grocery store in Buffalo, New York in 2022, court documents show.

    In her decision, the judge said that the plaintiffs may proceed with their lawsuit, which claims social media companies — like Meta, Alphabet, Reddit and 4chan — ”profit from the racist, antisemitic, and violent material displayed on their platforms to maximize user engagement,” including the time then 18-year-old Payton Gendron spent on their platforms viewing that material.

    “They allege they are sophisticated products designed to be addictive to young users and they specifically directed Gendron to further platforms or postings that indoctrinated him with ‘white replacement theory’,” the decision read.

    “It is far too early to rule as a matter of law that the actions, or inaction, of the social media/internet defendants through their platforms require dismissal,” said the judge.

    “While we disagree with today’s decision and will be appealing, we will continue to work with law enforcement, other platforms, and civil society to share intelligence and best practices,” the statement said.

    We are constantly evaluating ways to improve our detection and removal of this content, including through enhanced image-hashing systems, and we will continue to review the communities on our platform to ensure they are upholding our rules.”


    The original article contains 407 words, the summary contains 229 words. Saved 44%. I'm a bot and I'm open source!

286 comments