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707 points patd | 36 comments | | HN request time: 1.113s | source | bottom
1. falcolas ◴[] No.23322696[source]
Free speech is not just an American constitutional right; many countries throughout the world consider free speech to be a human right.

So, yeah, many of us get a bit worked up when people are kicked off platforms, because they are being silenced, sometimes to the point of being shut out of the modern internet entirely (when their rights to a DNS address are comprehensively removed).

Hate speech and lies are terrible, but they’re not the only thing being silenced.

replies(5): >>23322837 #>>23322861 #>>23322910 #>>23327959 #>>23329690 #
2. ianleeclark ◴[] No.23322837[source]
> So, yeah, many of us get a bit worked up when people are kicked off platforms, because they are being silenced, sometimes to the point of being shut out of the modern internet entirely (when their rights to a DNS address are comprehensively removed).

Why is it bad that were refusing to let something like stormfront operate in polite society? Your free speech absolutism is dangerous.

You can't debate an inherently bad-faith interlocutor, so dealing with Nazis points "out in the open," "in the marketplace of ideas," will not work. It will only legitimize their viewpoint as one worthy of consideration, thus debate. It's cool and good what happened to them.

replies(2): >>23323023 #>>23325888 #
3. VeninVidiaVicii ◴[] No.23322861[source]
Correct. Twitter may be silenced altogether for exercising journalistic integrity.
4. Traster ◴[] No.23322910[source]
Okay, so I think there's some nuance there, I think there's a pragmatic line to draw - I don't think someone has a right to say anything on twitter, I just don't think that's twitters role is to be neutral. But I think there's a line where we go from a product that's curated and moderated - something like twitter, to something that is truly infrastructure. The DNS example is great, I don't think a DNS company should be able to refuse to service based on the content that's being served because the role of the DNS is simply to resolve a name to an address. What's served on that address is immaterial. I think we draw a bright line between those two types of things, although I'm sure it's more difficult than that when we're trying to design a law.
replies(4): >>23323827 #>>23324451 #>>23327978 #>>23328614 #
5. kortex ◴[] No.23323023[source]
Such a tough subject.

The problem is this tactic is consistently agaisnt many dissident publications, often on pro-democratic ones by autocratic countries. So what/where do you draw the line for "this speech is unacceptable so we won't propagate DNS entries for it", and who draws it? USA? ICANN? The host country? Each DNS gets to pick and choose?

Going in the other direction, if this speech is so bad, why don't ISP's just ban the IP? We could do like Youtube automated takedowns, only it's a packet blackhole.

At the expense of pushing the satire, what we really need is Deep Packet Free Speech Inspection (tm). All packets are inspected by a blockchain-powered AI in the cloud for acceptibility and lack of Nazi content. All servers which respond to HTTPS must escrow TLS keys to enable Freedom Audits.

If allowing an operator to have DNS records or an IP address "legitimizes" them, then we need some full-blown worldwide consortium which determines the (il)legitimacy of each and every domain. Who has votes in this consortium? What if China wants to put the kabash on some Uyghurs because of "Terrorism" but Netherlands want to keep it up. Sounds like a beaurocratic nightmare.

replies(3): >>23328627 #>>23329387 #>>23329406 #
6. RandomTisk ◴[] No.23323827[source]
Then Twitter has to lose their protections as a 'carrier' and become a publisher with all the regulation that goes along with being a publisher.
replies(1): >>23324345 #
7. Traster ◴[] No.23324345{3}[source]
No they don't. People seem to have this idea that either you should be liable for nothing and control nothing or liable for everything control everything. The point of these platforms is that whilst they're allowing users to post under limited conditions, they don't have any pre-publication editorial control. That is a material difference from a publisher. They also aren't totally agnostic to content (like a DNS service). This attempt to hold user-generated content to the same standard as news organisations is clearly ridiculous and I don't know why people keep trying to apply it. It's a great way of ensuring that no level of regulation will ever be applied - since the suggested level of regulation completely destroys the business model of several hundred billion dollar businesses.
replies(1): >>23324581 #
8. falcolas ◴[] No.23324451[source]
If Twitter wants control over what's published on their site, then they give up their rights (their 'free harbor'-alike protections) to not be held responsible for the content they censor and let through.

Twitter et al. are where modern speech happens. They pushed themselves into this position, and thus upholding the human right to free speech also falls upon them.

So long as Twitter is not shut down, then perhaps some government oversight (to the limit of holding Twitter responsible for what and who they censor) is appropriate.

Free speech, in this case, trumps my intense dislike of our current administration.

replies(2): >>23328566 #>>23329684 #
9. falcolas ◴[] No.23324581{4}[source]
This concept is already enshrined in law, the concept of free harbor. So long as a service provider doesn't do their own curation, they are not held responsible for the content that is posted. However, if they do curate, then they are responsible.

Applying this to Twitter, Facebook et al. is not that big of a leap.

> completely destroys the business model of several hundred billion dollar businesses

They are not entitled to their business model, especially not at the price of trampling upon something broadly considered to be an inherit human right.

replies(1): >>23328193 #
10. AnimalMuppet ◴[] No.23325888[source]
You debate an inherently bad-faith interlocutor, not to win the debate with them, but to win the audience. The thing is, something like stormfront is out there, whether twitter or whoever carries them or not. I'd like their drivel to be clearly exposed as drivel, and clearly understood to be drivel by everyone, so that when they get exposed to it in some unexpected way (they follow an innocent-looking link or whatever), then they take one look, think "Oh yeah, that garbage. Yeah, they make it sound good, but it's still trash." That happens when the stuff is publicly challenged and refuted, not when it's hidden away.
replies(3): >>23328251 #>>23328513 #>>23329407 #
11. Barrin92 ◴[] No.23327959[source]
>Free speech is not just an American constitutional right; many countries throughout the world consider free speech to be a human right.

Although virtually none do so in unrestricted fashion. Hate speech, racism, genocide denial and so on aren't protected by free-speech in the overwhelming amount of legislations even in countries with a liberal tradition, and just like any other right free speech is subject to limitations.

replies(1): >>23328168 #
12. originalvichy ◴[] No.23327978[source]
Even in the case of DNS, you can still use a local hosts file to use a human-readable name.
13. ethanbond ◴[] No.23328168[source]
Just to be absolutely clear, the United States is one (yes, unique) case that does protect all of the types of speech you listed here.
replies(2): >>23329027 #>>23329378 #
14. three_seagrass ◴[] No.23328193{5}[source]
>So long as a service provider doesn't do their own curation, they are not held responsible for the content that is posted.

Except they are held responsible if they don't curate. Look at laws like SESTA to see how platforms that don't self-curate content that could sexualize minors are legally liable.

I'm not saying SESTA is bad, I'm saying this idea that platforms need to be hands-off towards curation to maintain safe harbor protection is not true.

replies(1): >>23329339 #
15. three_seagrass ◴[] No.23328251{3}[source]
Jean-Paul Sartre called this out half a century ago when faced with the alt-right of his time:

>Never believe that anti-Semites are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The anti-Semites have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert. If you press them too closely, they will abruptly fall silent, loftily indicating by some phrase that the time for argument is past.

replies(1): >>23328541 #
16. neaden ◴[] No.23328513{3}[source]
Yeah, that's not how it works at all. People who start watching the Qanon videos in their Youtube reccomendations aren't going to then get swayed by your eloquent speech, they are going to get sucked into a whole alternate world where your arguments are just dismissed as part of the conspiracy.
replies(1): >>23328794 #
17. magicalist ◴[] No.23328541{4}[source]
This is the opposite of what your parent comment is arguing...
replies(1): >>23328862 #
18. ChrisLomont ◴[] No.23328566{3}[source]
>If Twitter wants control over what's published on their site, then they give up their rights (their 'free harbor'-alike protections) to not be held responsible for the content they censor and let through.

Where is this in US law? Are you confusing DMCA safe harbor issues with speech?

All platforms take control over content - otherwise they could not remove child porn, PII, etc., and they don't lose DMCA safe harbor exemptions, which only applies to copyrighted items posted by users.

replies(1): >>23329350 #
19. Stranger43 ◴[] No.23328614[source]
But at what point does an service cross from being an platform in an competitive market to an crucial part of the infrastructure used by an society for communication?

If twitter/facebook is allowed to serve as a primary means for an government organisation/department to serve as the primary way which it communicate it's not to hard to argue that that line have been crossed where it have to act as an "open access" common carirer, from an pragmatic real world stand point.

Putting an purely technical definition as the core of this debate is arguing over how many angels can fit on an pin needle, and not of any real value for deciding what kind of society we want.

20. JoshTriplett ◴[] No.23328627{3}[source]
There's an extremely easy line to draw: "if you run the server, you make the rules".

If you run a DNS server, you're free to refuse to carry any record you want. And people are free to use or not use your DNS server, based on its policies. (There are various DNS servers that purport to block ads and malware, for instance.)

If you run a blog, you can choose to not allow comments at all, or moderate them as you see fit. If someone wants to reply in a way you don't want to host, they can respond via their own blog.

If you run a hosting company, you can (and should) refuse to host spammers, malware, people launching DDoS attacks, and so on.

If you run an email server, you can choose to reject spam.

Many interesting and desirable policies happen at the meta-level, based on that fundamental principle along with freedom of association. People will choose which servers to use based on the nature and quality of moderation; it's one of the defining aspects of a service.

replies(1): >>23336452 #
21. AnimalMuppet ◴[] No.23328794{4}[source]
My point was that they should be exposed to why this stuff is garbage before they start watching Qanon, so that, when they stumble onto a Qanon video, they aren't swayed by the video's eloquent(?) speech or dazzling(?) logic.
replies(2): >>23329258 #>>23329544 #
22. AnimalMuppet ◴[] No.23328862{5}[source]
Not entirely. I think you can interact with people doing what Sartre describes, and do so in a way that other people can see what is going on - can see the phoniness and gamesmanship of the anti-Semite.

You're not going to persuade people who are playing that game. They're just going to keep playing the game, and enjoy the fact that they're "winning" (in their own terms). But I think you can make it so that they lose in the battle for hearts and minds.

23. jdashg ◴[] No.23329027{3}[source]
Incitement isn't protected speak though. It's not unabridged, nor black and white.
24. neaden ◴[] No.23329258{5}[source]
How do you do that though? If someone doesn't know what QAnon is why would they watch a video debunking it? If you have mass media doing take downs of it that will just inspire a certain segment of the population to believe it because "Look how THEY don't want you to know this!" The sad thing is that tech, especially Youtube and Facebook, have through their algorithms promoted these conspiracy theories since QAnon conspiracy theorist watch a lot of videos and comment a lot which are the metrics they promote.
25. falcolas ◴[] No.23329339{6}[source]
You’re conflating removing illegal content with removing legal content that someone doesn’t like.
replies(1): >>23330891 #
26. falcolas ◴[] No.23329350{4}[source]
It appears like you are conflating the removal of illegal content with the censorship of legal content. Two very different concepts.
replies(1): >>23330141 #
27. three_seagrass ◴[] No.23329378{3}[source]
Of those listed, yes, but SCOTUS has ruled that speech whose expression causes harm is not protected by the first amendment - i.e. your photos of children performing sexual acts are not protected by the first amendment.

The first amendment is not a blank check to express anything you want in the U.S.

28. ianleeclark ◴[] No.23329387{3}[source]
> Sounds like a beaurocratic nightmare

Okay, give me the keys and Ill do it.

29. AgentME ◴[] No.23329406{3}[source]
Domains do get taken down sometimes already without that international bureaucratic nightmare consortium that you're proposing. I'm not sure your solution sounds good.
30. ianleeclark ◴[] No.23329407{3}[source]
I'm going to point you to the entire European history as a counter point. Take your pick of any pogrom, forced relocation, or whatever, and you'll always find people speaking out against it. It didn't do any good.
31. ianleeclark ◴[] No.23329544{5}[source]
> My point was that they should be exposed to why this stuff is garbage before they start watching Qanon

You're effectively calling for some sort of cultural revolution that stamps out anti-Semitism through proper education. Seriously we've tried this with other topics, all they're going to do is say you're indoctrinating children, then you'll inevitably fall into a defensive position where you feel like you have to back it up with numbers and eloquent arguments. Bam, they've won because there will always be a first movers advantage with information: your opponent can now make an outrageous claim that people see, internalize, and then never see your rational follow-up to. You're all so incredibly terrified of censorship when the real terror is right in front of your eyes: a torrent of information, engagement, and half-consumption.

This is so incredibly tedious. I see the same thing that I'm describing here happen with any number of semblance of social progress: homosexuality, trans rights, even marijuana legalization. This cyclic pattern has to be hell, I can't fathom any other possible explanation for such a thoroughly trained helplessness.

32. nkassis ◴[] No.23329684{3}[source]
It doesn't have to be a black and white a binary choice as you suggest. Maybe that's what you'd like because it makes the rule easier to grasp but it's possible to allow a threshold on how much they can interfere before things get to a point where a heavy handed solution like government involvement is needed to regulate them.
33. dang ◴[] No.23329690[source]
(We detached this subthread from https://news.ycombinator.com/item?id=23322571)
34. ChrisLomont ◴[] No.23330141{5}[source]
I didn't conflate anything. You claimed Twitter loses "rights" by exercising control over content, and I asked where you got that idea. Where is the law that backs your claim? Do you have one?
35. three_seagrass ◴[] No.23330891{7}[source]
Which is exactly the point, that platforms who do not self-curate some types of user-generated content are not protected by safe harbor laws.

Your idea that safe-harbor laws only apply to platforms who don't self-curate is absurd precisely because there is illegal content they, the platforms, can be held liable for instead of the users.

36. kortex ◴[] No.23336452{4}[source]
> People will choose which servers to use based on the nature and quality of moderation;

That was literally my entire point. The broader issue is can entity X force entity Y to shut down a service, eg shutting down Stormfront. If one country allows them to stay up, they stay up. This is how the internet is supposed to work. The alternative I pointed out was deliberately dystopian for the point of satire, apparently that was lost.