Make the Internet Decentralized Again!
PrimeNumber7, you seem to be making two separate lines of argument together. I agree with half of what you say—but as for the other half, I think that you misunderstand what Section 230 actually does.
Of course, I agree that it is reprehensible for Facebook to censor discussion of Rittenhouse, and for
all of the Big Tech platforms to ban the President of the United States, etc.
I like your citation of
Marsh v. Alabama. Without referring to that case, I have been intending to write a P&S essay using the “company town” argument; it definitely applies, and I am curious to see the response of “ancaps” who obviously dislike antitrust law. Is it not the apex of anarcho-capitalism for billions of people to live in a town owned by Mark Zuckerberg, where they are perpetually under his surveillance and subject to his rules—
even in “their” home lives and familial communications?If
Marsh can be applied to enforce the First Amendment directly on corporations that have obtained quasi-governmental,
super-governmental powers over billions of people all over the world, then that will be an important step—but in my opinion, it is not enough.
I think that the Big Tech oligopoly should be smashed—no,
must be smashed to bits. Amongst the legal tools available, a textbook application of antitrust law is the best fit. And I am not just saying this because of current U.S. politics. In particular, I’ve been wanting for years to see Google, Facebook, and Amazon burnt to the ground; they are destroying the world in ways that most people never even think about. Their whole business model is based on mass-surveillance and mass-brainwashing. Their latest actions manifest a worsening of the symptoms, but are not the disease itself. And locked-down devices under the peremptory control of Steve Jobs or Tim Cook have always been a big problem. (
Don’t get me started about what Twitter has done to society.)
But you are wrong about Section 230:Under section 230, "internet" companies can remove content they deem "objectionable".
That is not what Section 230 does.
Without Section 230, a site effectually has two choices: Either don’t do any moderation
at all, not even of spam—or risk being held liable as a publisher with editorial responsibility for each post by every user. Including anonymous, untraceable parties who registered using Tor—including people who may be trying to set you up for trouble. If you run the site, then among other things, you need to fact-check everything that every user says—just in case someone said something legally defamatory; and that is only the beginning of your liability. —Or else, let the spammers take over and drown out all conversation.
Both choices are obviously untenable. As Gyfts said:
Section 230 is needed if you want online forums/websites to have open debate without the need for extreme content moderation.
It is Section 230 that enables theymos to do some moderation, and yet to have this policy protecting the freedom of speech here (boldface and italics are in the original):
Legal complaints
General rule for complaints
Bitcointalk.org aims to enable as much freedom for its users as is legally possible. We will not remove content just because it annoys you. In particular, under section 230 of the Communications Decency Act, bitcointalk.org cannot be held responsible for defamation by users, even if notified that possible defamation exists.
If you send us legally-nonsensical demands, we may publish them to make it clear to the world that you are illegitimately and possibly-illegally attempting to stifle discussion.
Without Section 230, for example, theymos would need to delete
all of the posts in the argument between OgNasty and Vod. I mean all posts, on both sides. Otherwise, the forum would be legally liable for the factual accuracy of
all of their mutual accusations and recriminations.
And that is only the beginning of the problem: Defamation liability is only one of the potential problems that Section 230 guards against.
Who should have Section 230 protection? Answer:
Everyone who is allowed to be on the Internet!From one side, consider small leftist media platforms that heavily censor their users. Unlike liberals,
I don’t live in an echo chamber. I often look at sites that I disagree with; and I have seen, for instance, small Mastodon instances run by ultra-leftists who complain that Twitter doesn’t censor enough (!). Their platforms are basically little “safe spaces” where users obsess over pronouns, give each other a perpetual stream of affirmations of mutual empathy, and complain endlessly about their victimization by this-ism and that-ism. Not much else is allowed, anyway.
Much though I yearn for a totally authoritarian régime in which robots round up all of the insapient talking monkeys whom I dislike for orderly disposal, we still seem to have principles of free speech and private property. Alas, I am not yet recognized as the Dictator of the Universe! So, consistently with those principles, let those crazy leftists have Section 230 protection for their freely chosen dens of insanity.
Re-applying in this context what you said about Facebook:
Should section 230 protect an "internet" company that decides any post about Rittenhouse that says Rittenhouse is not a "terrorist" is "objectionable"? I don't think it should.
I don’t think it is relevant if they censor posts about Rittenhouse, or if they permaban anyone who says that there are only and exactly two biological sexes, or if they positively require their users to chant “Trump evil! Trump evil!” in unison hundreds of times per day, or whatever. The sites that I describe exist because their pathetic, insane users
want pathetic, insane policies.
Contrast the situation with Facebook, Twitter,
et al., where many of the users complain about censorship. They only stay there because, through network effects and sharp practices, the platforms have effectually locked them in; and
if they try to leave, the Big Tech oligopoly acts as a unified cartel to shut down their intended destination, as with Parler!Now, from the other direction, consider the example of what would happen if
I were to set up my own site. For the sake of argument, pretend that I am subject to American jurisdiction—and
pretend that I am amenable to legal process of any kind.
;-)If I run a site, I will categorically ban anyone who glorifies and rationalizes the use of marijuana and LSD. I mean that I will ban them personally, not only censor their posts. They tend to post insane nonsense. It is a waste of time to debate with self-made nutcases. They behave in ways that are poisonous to communities—and also, I just don’t like them! Indeed, more generally, “I dislike you” will be a gloriously subjective TOS reason for permabans.
Muahahaha! My site, my rules—bye! So-called “people” whom I ban on the basis of my personal whims are free to go post on
Gab.com, which allows any legal expression except for pornography. Of course, I support Gab’s right to exist, despite their lack of enforcement of pure Nullianism.
Leave aside for the moment the problem that I dislike so many “people”, my site may be in danger of allowing only nobody and a nonexistent cat.Does this mean, in your opinion, that I am a “publisher” taking editorial responsibility, and I should thus be liable for the content posted by users on my site?
That would be the effect of repealing Section 230.
I appreciate the suggestion, but it is not really the topic of this thread.
The technology for people to have discussions independently of Big Tech existed before Bitcoin did. For example, consider what would happen, if only every person just had an independent blog at an independent domain, with the comments and the interblog syndication features that made the independent “blogosphere” so big 15–20 years ago—
with each and every of them enjoying Section 230 protection against legal liability for reader comments. That is decentralized (except for the domain name system—another problem...).
If only!Unfortunately, as things stand, that is unrealistic to expect. At least, it will not be happening overnight. And similarly as to your suggestion, masses of people will not all suddenly just up and move to new decentralized platforms with blockchain sprinkled on.
Of course, I encourage the development of new technologies for new platforms—for the day after tomorrow. But what do we do right now? —And what do we do in a situation in which
Big Tech uses sharp practices to inhibit any innovation that does not suit their agenda? What will you do if you develop a great new platform, and Google deranks you, and Google and Apple ban you from their app stores, etc.?
(I hope that no project will be foolish enough to use Amazon AWS ever again!)Answer:
The quasi-governmental, super-governmental Big Tech oligopoly must be smashed; and antitrust law is an appropriate tool for the job. Make the Internet Decentralized Again!