European Commissioner: Section 230 Dogma “has collapsed” so bring on the EU’s Digital Services Act

The coordinated moves by Silicon Valley to silence Donald Trump are having unintended consequences, but consequences that the legions of Big Tech lawyers must have thought through.  Setting aside the fact that they took down so many accounts so quickly on Twitter that they must have been working from a list prepared long ago, and setting aside the obvious collusive signaling by the Big Tech oligarchs that bad things might happen to anyone who didn’t follow suit (anyone remember SOPA and GoDaddy?), there are existential issues for these companies regarding Senator Ron Wyden’s singular legislative achievement, Section 230 of the Communications Decency Act.  

European Commissioner for Internal Markets Thierry Breton sets out this discussion–can one call a statement of fact an argument?–in an op-ed posted in Politico’s European edition titled Capitol Hill — the 9/11 moment of social media.   Although 9/11 was the Internet’s 9/11 moment, I take his point.  However, as Mr. Breton makes clear, Europe is proposing legislation in the form of the Digital Services Act that would hold Big Tech accountable way before there’s a riot.

Mr. Breton writes:

The dogma anchored in section 230 — the U.S. legislation that provides social media companies with immunity from civil liability for content posted by their users — has collapsed….

Regardless of whether silencing a standing president was the right thing to do, should that decision be in the hands of a tech company with no democratic legitimacy or oversight? Can these platforms still argue that they have no say over what their users are posting?

While it may be “too soon” to have these clear eyed discussions that Mr. Breton forces us to face up to, it is important to understand his essential point.  These are not lemonade stands.  Apple, Facebook, Google and Amazon are well known defense contractors.  Amazon has suffered during the Trump administration in its quest for a place at the government trough.  All of these companies that are participating in crushing their competitor Parler have skin in the Section 230 game and opposing any legislation to roll it back.  Any lobbyist who’s being candid with you will acknowledge that stopping legislation to roll back Section 230 is at least a two Tesla job if not a two Gulfstream job with a Vineyard house bonus.

So let’s heed Mr. Breton’s admonishment to focus on what really just happened.  They all acknowledged they don’t qualify for Section 230 anymore and Europe intends to hold them accountable.  As he says:

These last few days have made it more obvious than ever that we cannot just stand by idly and rely on these platforms’ good will or artful interpretation of the law. We need to set the rules of the game and organize the digital space with clear rights, obligations and safeguards. We need to restore trust in the digital space. It is a matter of survival for our democracies in the 21st century.

Europe is the first continent in the world to initiate a comprehensive reform of our digital space through the Digital Services Act (DSA) and the Digital Markets Act, both of which the European Commission tabled in December. They are both based on one simple yet powerful premise: What is illegal offline should also be illegal online….

The DSA [gives] online platforms clear obligations and responsibilities to comply with these laws, granting public authorities more enforcement powers and ensuring that all users’ fundamental rights are safeguarded.

With the DSA, Europe has made its opening move. Our democratic institutions will work hard and fast to finalize this reform. But the challenges faced by our societies and democracies are global in nature.

.Any guesses on who is fighting the DSA with all guns blazing?  

 

Facebook’s New Livestreaming Rules

[Editor Charlie sez:  This is a cut and past of the rules that Facebook posted here.]

Music Guidelines

These supplemental terms apply if you post or share any videos or other content containing music on any Facebook Products.
You are responsible for the content you post

People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products.

Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.

You may not use videos on our Products to create a music listening experience

We want you to be able to enjoy videos posted by family and friends. However, if you use videos on our Products to create a music listening experience for yourself or for others, your videos will be blocked and your page, profile or group may be deleted. This includes Live.

Unauthorized content may be removed

If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.

You may not be able to post or access videos containing music in every country of the world

We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.

Sign the Petition: Stop Mark Zuckerberg from Colonizing Kauai!

Emporer zuck

Mark Zuckerberg is the sixth richest man in the world… and he is suing Native Hawaiians in Kauai for their land so he can build a mansion. They have built lives there. They have built families there. Hawaiians are already mistreated enough as is. We need to let them have this. Their land is important to them. He’s building a mansion to what? Live in Kauai for two months out of the year? This is inhuman. It is sick.

Sign the Change.org petition to stop Mark Zuckerberg (Facebook’s alter ego) from colonizing Kauai!

 

 

@GabMoBanks: Lawsuits over Facebook allowing pimps to recruit online may go forward, Texas appeals court says

A Texas appeals court has rejected Facebook’s efforts to halt multiple lawsuits accusing the social media juggernaut of knowingly permitting sex traffickers to recruit through its various platforms.

The lawsuits were brought by three Houston women recruited as 13-,14- and 16-year-olds through Facebook apps. The social media company appealed the rulings to the 14th Court of Appeal. The appeals court issued three parallel rulings all reflecting a 3-2 majority. In each case there was a dissenting ruling from Justice Tracy Christopher, who found Facebook should be cloaked in federal statutory immunity.

Read the post on the Houston Chronicle

@dseetharaman & @emilyglazer: Mark Zuckerberg Asserts Control of Facebook, Pushing Aside Dissenters

[Editor Charlie sez:  If you don’t know about the supervising stock that allows Zuckerberg, Page & Brin & Schmidt to control vast tech companies, read Chris Castle’s op-ed in the NY Post “The best way to hit back at Silicon Valley power: End supervoting stock held by insiders“]

In December, Facebook Inc.’s top brass gathered at Mark Zuckerberg’s more than 700-acre, beachfront estate in Kauai, Hawaii, for an unusual board meeting to discuss how to redirect the company after years of turmoil.

Changes came, but they weren’t what everyone expected, according to people familiar with the gathering.

Within months, Facebook announced the departure of two directors, and added a longtime friend of Mr. Zuckerberg’s to the board. The moves were the culmination of the chief executive’s campaign over the past two years to consolidate decision-making at the company he co-founded 16 years ago. The 35-year-old tycoon also jumped into action steering Facebook into a high-profile campaign in the coronavirus response, while putting himself in the spotlight interviewing prominent health officials and politicians.

The result is a Facebook CEO and chairman more actively and visibly in charge than he has been in years.

Read the post on the Wall Street Journal