Section 230

  • Leader
    December 27, 2022 3:13 PM PST

    Rep. Gohmert to Newsmax: Social Media Companies Should Face Liability

    Gohmert explained that if the social media companies had their immunity from liability eliminated, it would "let them make a little better decisions knowing that bad decisions will results in massive litigation that sets them back." He reiterated, "That's the way you get accountability, and that's where we really need to go.

    If social media companies were completely liable and Section 230 (paragraph 26) was changed, then all of the smaller websites that offer niche content would all close because these websites, like Tech's Realm, were created by hobbyist that love what they do, and because of that, they do all of this for free, take on all of the expenses to offer a nice space for people. They wouldn't be able to stay open for fear of lawsuits.

  • Leader
    January 14, 2023 4:00 PM PST
    Google says supreme court ruling could potentially upend the internet.

    https://www.wsj.com/articles/google-says-supreme-court-ruling-could-potentially-upend-the-internet-11673553968 />

    Google supreme court decision.

    https://www.washingtonexaminer.com/policy/technology/google-supreme-court-decision-internet-upend




    The search engine argues Section 230 protects it from any liability and that it isn't possible to draw a meaningful connection between the
    YouTube algorithm promoting a certain clip based on viewing habits and the company's view on terrorism. Google argued that it “abhors terrorism and over the years has taken increasingly effective actions to remove terrorist and other potentially harmful content."

    It also said that changing "Section 230 ... would upend the internet and perversely encourage both wide-ranging suppression of speech and the proliferation of more offensive speech."


    As a webmaster, I follow news on anything about section 230, do you?
  • Leader
    January 20, 2023 8:49 AM PST
    The Supreme Court case that challenges section 230.

    https://www.seattletimes.com/business/supreme-court-poised-to-reconsider-key-tenets-of-online-speech/ />
    The Supreme Court case that challenges Section 230 of the
    Communications Decency Act is likely to have many ripple effects. While newspapers and magazines can be sued over what they publish, Section 230 shields online platforms from lawsuits over most content posted by their users. It also protects platforms from lawsuits when they take down posts.

    For years, judges cited the law in dismissing claims against Facebook, Twitter and YouTube, ensuring that the companies did not take on new legal liability with each status update, post and viral video. Critics said the law was a Get Out of Jail Free card for the tech giants.



    If section 230 is altered, that webmasters, website owners of niche websites are now liable, there's no way specialty forums and niche social websites could flourish in that environment threat. How can we be liable for a member's content? Grant it, follow your TOS and remove content that violates your TOS, but seriously? Am I the only one seeing the true threat to our websites?




    Direct link to this article:

    https://www.seattletimes.com/business/supreme-court-poised-to-reconsider-key-tenets-of-online-speech/

  • Leader
    January 21, 2023 8:35 AM PST
    More discussion on Section 230 found on Friend's Realm:


    I've read that if congress changes Section 230 (also subject to senate approval legislation and then the president must sign for it to become new law) that the law would change to only affect large websites. My question to that is where is the cut off "on large websites? This is my concern because it's just too gray, leaving open to too much judicial flexibility and subjective interpretation.


    Section 230 discussion found on Friend's Realm:

    https://friendsrealm.com/groups/topic/view/group_id/25/topic_id/97/post_id/234 />

    I also want to add to this discussion that it's always worth reviewing your Terms of Service (TOS)/Terms and Conditions to make sure you are compliant in your country and other countries that may supersede your own countries governing laws. For example, the EU's GDPR, does affect webmasters websites in the US. We are required to be compliant if we have EU members. In light of that, if you are not sure about your TOS and compliance and would like to review those policy requirements and laws per country you can go to Website Policies. I created all of my TOS through Website Policies to make sure I new the laws required by my state, my country and that I was in compliance with other countries. You custom make these professional legal policies.

    Website Policies
  • Leader
    February 18, 2023 8:05 AM PST
    Supreme court to wade into quagmire of internet regulation.


    The Supreme Court faces the challenge of trying to manage the unmanageable on Tuesday when it hears a case that could drastically change the functioning of social media platforms. The case is Gonzalez v. Google and it deals with whether tech platforms can be legally liable for content posted, even from third parties.

    The Court will next have to deal with laws passed in the Texas and Florida state legislatures that generally bar social media companies from censoring political speech. Those laws were passed on the assumption that big tech is stifling right-of-center political posts. Both laws have been challenged in the courts, but received conflicting rulings in separate appellate jurisdictions (Fifth Circuit and Eleventh Circuit). SCOTUS almost has to intervene — to clear up the confusion about
    whether states can themselves legislate against media platforms.


    This could be profound rulings on social media companies either way the Supreme court rules.

    Direct link to article: https://thehill.com/opinion/technology/3864520-supreme-court-to-wade-into-quagmire-of-internet-regulation/
  • Leader
    February 19, 2023 7:04 AM PST
    This is what I've been shouting out to US webmaster's and developer's for two years...to wake up and pay attention to the US legislators intent on dismantling Section 230 of the Communications and Decency Act or making enough changes to it that we as small hobby webmasters and developers will no longer be able to exist in this internet world because of extreme vulnerable liability to member's content.

    If you haven't written to your senator, maybe it's time? If you haven't started a content discussion on your website, then maybe it's time? If you haven't considered creating a group of webmasters that have a voice in congress, then maybe it's time? If you haven't considered a higher voice to be able to speak directly to congress in a hearing, then maybe it's time to plan?

    Danial Greenfield of this op-ed says how I feel perfectly and how I've tried to explain the backfire in this so many times. I've put in italic what is most evident to me and has been for years if webmasters now become liable. The end result is there's still the big websites monopoly and the smaller websites will vanish:


    There are multiple tracks to fighting Big Tech from antitrust to treating political discrimination as a civil rights issue. If the latter were in place, then Section 230 reform might make sense within that framework. Right now all that nuking Section 230 does is make it easier for government oversight and lawsuits over content, but doesn’t provide a meaningful way for conservatives to change anything. Eliminating 230 would create a lot of liability for Big Tech, but like most government regulations will make it harder for smaller upstarts to compete.


    For the record, I have written to my senator and he's supposed to be one of the ultra conservative senators. I have a very long email back explaining how Section 230 needs to be amended. As far as I'm concerned, Daniel Greenfield hit the issue head on in this article that both parties want it.

    Direct link to this article: https://www.frontpagemag.com/when-biden-and-gop-agree-on-section-230-its-not-a-good-thing/
  • Leader
    February 21, 2023 7:01 AM PST
    This article shared by a good friend, is an excellent explanation of the court cases in the Supreme Court that involve Section 230 of the CDA.


    Google and other tech companies have said that that interpretation of Section 230 would increase the legal risksassociated with ranking, sorting and curating online content, a basic feature of the modern internet. Google has claimed that in such a scenario, websites would seek to play it safe by either removing far more content than is necessary, or by giving up on content moderation altogether and allowing even more harmful material on their platforms.


    Direct Link to this article:

    https://www.cnn.com/2023/02/20/tech/supreme-court-tech-platforms/index.html
  • Leader
    February 21, 2023 2:43 PM PST
    The case heard today at SCOTUS, seemed to have created more confusion to SCOTUS rather then clarification.


    “We really don’t know about these things. You know, these are not like the nine greatest experts on the internet,” Justice Elena Kagan said of herself and her colleagues, several of whom smiled at the description.


    https://www.huffpost.com/entry/supreme-court-google-section-230_n_63f543bbe4b0a1ee149695e5?d_id=5517666&ncid_tag=tweetlnkushpmg00000016
  • Leader
    February 22, 2023 7:43 AM PST
    Here's the latest discussion articles from yesterday's Supreme Court case and the impressions of the Supreme Court justices remarks.


    At the heart of the cases before the justices are two federal laws. The first is Section 230 of the federal Communications Decency Act,which protects tech companies from being sued over material put on their sites by users. The second is the Justice Against Sponsors of Terrorism Act, which allows Americans injured by a terrorist attack abroad to sue for money damages in federal court.

    https://apnews.com/article/us-supreme-court-technology-crime-business-internet-6e4551a3f39461e77a82ff577e24e6e7




    The Supreme Court grappled with the scope of a liability shield for internet companies on Tuesday, at times expressing confusion about arguments to narrow the industry’s protections as they probed how it could impact the internet.

    https://thehill.com/policy/technology/3868144-justices-puzzled-as-supreme-court-hears-arguments-over-internet-liability-shield/




    Kagan and Justice Brett M. Kavanaugh suggested a ruling on behalf of the Gonzalez family could unleash a wave of lawsuits. Kavanaugh did not seem persuaded when Deputy Solicitor General Malcolm L. Stewart, representing the Justice Department and siding in part with the plaintiffs, said few lawsuits “would have much likelihood of prevailing.”

    https://www.msn.com/en-us/news/politics/supreme-court-seems-cautious-on-google-case-that-could-reshape-internet/ar-AA17LJ5E />



    She said it was very difficult to draw a line between ordinary algorithms that tell users they may be interested in similar videos and those that encourage certain individuals to look at suspect or harmful content.

    Isn't drawing that line "something for Congress, not the court?" she asked.

    Kavanaugh said he too thought this might be a time for judicial restraint. He said dozens of tech firms and business groups had warned that changing Section 230 "would crash the digital economy, with all sorts of effects on workers and consumers, retirement plans and what have you, and those are serious concerns."

    https://finance.yahoo.com/news/supreme-court-sounds-wary-weakening-191138510.html />
  • Leader
    February 22, 2023 2:51 PM PST
    One more article from CNN business. Very detailed and organized for the reader who wants to know and learn more about these court cases and how the outcome could potentially affect a functioning internet.


    Tech companies involved in the litigation have cited the 27-year-old statute as part of an argument for why they shouldn’t have to face lawsuits alleging they gave knowing, substantial assistance to terrorist acts by hosting or algorithmically recommending terrorist content.

    https://edition.cnn.com/business/live-news/supreme-court-gonzalez-v-google-2-21-23/h_baf90839e3535bf6409012d29b4e60a9 />