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asadotzler 11 hours ago

My refusing to distribute your work is not "silencing." Silencing would be me preventing you from distributing it.

Have we all lost the ability to reason? Seriously, this isn't hard. No one owes you distribution unless you have a contract saying otherwise.

jhbadger 10 hours ago | parent | next [-]

It's not that simple. For example, when libraries remove books for political reasons they often claim it isn't "censorship" because you could buy the book at a bookstore if you wanted. But if it really would have no effect on availability they wouldn't bother to remove the book, would they?

amanaplanacanal 9 hours ago | parent | next [-]

Libraries are typically run by the government. Governments aren't supposed to censor speech. Private platforms are a different matter by law.

10 hours ago | parent | prev [-]
[deleted]
ultrarunner 10 hours ago | parent | prev | next [-]

At some level these platforms are the public square and facilitate public discussion. In fact, Google has explicitly deprioritized public forum sites (e.g. PHPbb) in preference to forums like YouTube. Surely there is a difference between declining to host and distribute adult material and enforcing a preferred viewpoint on a current topic.

Sure, Google doesn't need to host anything they don't want to; make it all Nazi apologia if they thing it serves their shareholders. But doing so and silencing all other viewpoints in that particular medium is surely not a net benefit for society, independent of how it affects Google.

Scoundreller 10 hours ago | parent | next [-]

“Covid” related search results were definitely hard-coded or given a hand-tuned boost. Wikipedia was landing on the 2nd or 3rd page which never happens for a general search term on Google.

I’d even search for “coronavirus” and primarily get “official” sites about Covid-19 even tho that’s just one of many coronaviruses. At least Wikipedia makes the front page again, with the Covid-19 page outranking the coronavirus page…

Scoundreller 10 hours ago | parent | prev [-]

“Covid” related search results were definitely hard-coded. Wikipedia was landing on the 2nd or 3rd page which never happens.

I’d even search for “coronavirus” and primarily get “official” sites about Covid-19 even tho that’s just one of many coronaviruses. At least Wikipedia makes the front page again, with the Covid-19 page outranking the coronavirus page…

sterlind 11 hours ago | parent | prev | next [-]

I'd certainly consider an ISP refusing to route my packets as silencing. is YouTube so different? legally, sure, but practically?

michaelt 9 hours ago | parent | next [-]

If we were still in the age of personal blogs and phpbb forums, where there were thousands of different venues - the fact the chess forum would ban you for discussing checkers was no problem at all.

But these days, when you can count the forums on one hand even if you're missing a few fingers, and they all have extremely similar (American-style) censorship policies? To me it's less clear than it once was.

jabwd 9 hours ago | parent | prev | next [-]

yes... coz youtube is not your ISP. A literal massive difference. RE: net neutrality.

scarface_74 7 hours ago | parent | prev [-]

No because you are perfectly technically capable of setting your own servers in a colo and distributing your video.

unyttigfjelltol 9 hours ago | parent | prev | next [-]

> My refusing to distribute your work is not "silencing."

That distinction is a relic of a world of truly public spaces used for communication— a literal town square. Then it became the malls and shopping centers, then the Internet— which runs on private pipes— and now it’s technological walled gardens. Being excluded from a walled garden now is effectively being “silenced” the same way being excluded from the town square was when whatever case law you’re thinking was decided.

pfannkuchen 10 hours ago | parent | prev | next [-]

I think the feeling of silencing comes from it being a blacklist and not a whitelist.

If you take proposals from whoever and then only approve ones you specifically like, for whatever reason, then I don’t think anyone would feel silenced by that.

If you take anything from anyone, and a huge volume of it, on any topic and you don’t care what, except for a few politically controversial areas, that feels more like silencing. Especially when there is no alternative service available due to network effects and subsidies from arguably monopolistic practices.

mock-possum 9 hours ago | parent [-]

Also allowing it to be posted initially for a period of time before being taken down feels worse than simply preventing it from ever being published on your platform to begin with.

Of course they would never check things before allowing them to be posted because there isn’t any profit in that.

Jensson 10 hours ago | parent | prev | next [-]

> No one owes you distribution unless you have a contract saying otherwise.

The common carrier law says you have to for for some things, so it makes sense to institute such a law for some parts of social media as they are fundamental enough. It is insane that we give that much censorship power to private corporations. They shouldn't have the power to decide elections on a whim etc.

AfterHIA 10 hours ago | parent [-]

I 100% agree with your sentiment here Jensson but in Googling, "common carrier law" what I get are the sets of laws governing transportation services liability:

https://en.wikipedia.org/wiki/Common_carrier

Is there perhaps another name for what you're describing? It piques my interest.

Jensson 10 hours ago | parent [-]

Common carrier also applies to phones and electricity and so on, it is what prevents your phone service provider from deciding who you can call or what you can say. Imagine a world where your phone service provider could beep out all your swear words, or if they prevented you from calling certain people, that is what common carrier prevents.

So the equivalent of Google banning anyone talking about Covid is the same as a phone service provider ending service for anyone mentioning covid on their phones. Nobody but the most extreme authoritarians thinks phone providers should be allowed to do that, so why not apply this to Google as well?

amanaplanacanal 9 hours ago | parent [-]

This is essentially the free speech maximalist position: allow any legal content.

If they did that, people would leave the service in droves for a competitor with reasonable moderation. Nobody wants to use a site that is overrun with spam and porn.

Jensson 9 hours ago | parent | next [-]

> If they did that, people would leave the service in droves for a competitor with reasonable moderation.

Did people leave Google in droves in favor of a competitor that censors out all porn from search results? No, people had no issue that you can find porn on Google, they still used it. Youtube providing porn to those who want it does not cause problems for anyone, just like it doesn't for Google search, and Google even run both so they can easily apply this same feature on Youtube.

> Nobody wants to use a site that is overrun with spam and porn.

The internet is overrun by spam and porn yet people still use it, so you are clearly wrong. Google already manages as search engine over the internet that is capable of not showing you porn when you don't search for it, but you can find it if you do, so Google has already solved that problem and could just do the same in Youtube.

amanaplanacanal 8 hours ago | parent [-]

Note that we are having this conversation on a site with heavy moderation. I doubt removing this moderation would in any way make the site better.

You might ask yourself why you are here, instead of another website with less or no moderation.

Jensson 3 hours ago | parent [-]

The only reason we need moderation is that we have discussions, youtube videos doesn't have that feature, you can't attach a video to another persons video, but you can attach a comment here to another persons comment. I am all for moderating youtube comments for that very reason, but not youtube videos.

I would prefer if discord / reddit and similar became common carriers of forums, not messages. So discord and reddit can't control what a subreddit does and what its moderators do, but the moderators can control what the people posting there can do.

By having a common carrier forum provider anyone could easily make their own forum with their own rules and compete on an open market without needing any technical skills, and without the forum provider being able to veto everything they say and do on that forum. That is where we want to be, in such an environment HN wouldn't need to depend on ycombinator, you could have many independently moderated forums and you pick the best one.

Discord and reddit today aren't that, both ban things they don't like, it would be much better if we removed that power from them. Both reddit and discord admins allows porn and spam, their censorship adds zero value to the platform, the only thing it does is kick some political factions out of the platform which doesn't add any value to it, as I wouldn't visit those discords / subreddits anyway so they don't hurt me.

So it isn't hard to imagine how to draft such laws where all our favorite usecases are still allowed while also adding much more freedom for users and making life easier for these content platforms since they are no longer targeted by takedown request spam, it is a win win for everyone except those who want to censor.

amanaplanacanal 2 hours ago | parent [-]

You are welcome to set up such a forum provider today. You probably won't be able to get sponsors for it though. Reddit used to be much more lightly moderated, but they wanted to be able to run ads/make money. 4chan is much more lightly moderated than the big platforms.

Unless you make a law preventing all moderation, the users and advertisers are going to migrate to the moderated forums.

Jensson 2 hours ago | parent [-]

> You are welcome to set up such a forum provider today. You probably won't be able to get sponsors for it though. Reddit used to be much more lightly moderated, but they wanted to be able to run ads/make money.

Thanks for answering why the law is needed, as you explained a private solution cannot solve this. Advertisers wouldn't be able to push reddit to ban things if reddit weren't allowed to ban them, so you would still be able to run ads with such a law, it just reduces the power those ad companies has over you.

And no, the ad companies doesn't really care if you show porn or show terrorist propaganda on your site, you can both watch porn and read terrorist propaganda on Google without leaving the site yet every advertiser I know is happily spending a massive amount of money on Google ads. If they actually cared they would leave Google, instead they just care about bullying those who can comply, if they know the target wont budge due to a law then they would just continue to advertise like they do with Google.

These kind of regulations are needed when the free market results in oppressive results, there are many such cases where regulations do a good job and I don't see why these internet companies should be an exception.

nradov 7 hours ago | parent | prev [-]

Perhaps. But another approach would be to give users better filtering features so that they wouldn't see content they consider objectionable, even if it's not censored and still readily available to other users.

timmg 10 hours ago | parent | prev | next [-]

It's interesting how much "they are a private company, they can do what they want" was the talking point around that time. And then Musk bought Twitter and people accuse him of using it to swing the election or whatever.

Even today, I was listening to NPR talk about the potential TikTok deal and the commenter was wringing their hands about having a "rich guy" like Larry Ellison control the content.

I don't know exactly what the right answer is. But given their reach -- and the fact that a lot of these companies are near monopolies -- I think we should at least do more than just shrug and say, "they can do what they want."

10 hours ago | parent [-]
[deleted]
typeofhuman 10 hours ago | parent | prev | next [-]

Not OP, but we did learn the US federal government was instructing social media sites like Twitter to remove content it found displeasing. This is known as jawboning and is against the law.

SCOTUS. Bantam Books, Inc. v. Sullivan, holds that governments cannot coerce private entities into censoring speech they disfavor, even if they do not issue direct legal orders.

This was a publicly announced motivation for Elon Musk buying Twitter. Because of which we know the extent of this illegal behavior.

Mark Zuckerberg has also publicly stated Meta was asked to remove content by the US government.

brookst 10 hours ago | parent [-]

Crazy how fast we got from “please remove health misinformation during a pandemic” (bad) to “FCC chair says government will revoke broadcast licenses for showing comedians mocking the president” (arguably considerably worse).

themaninthedark 9 hours ago | parent | next [-]

>On July 20, White House Communications Director Kate Bedingfield appeared on MSNBC. Host Mika Brzezinski asked Bedingfield about Biden's efforts to counter vaccine misinformation; apparently dissatisfied with Bedingfield's response that Biden would continue to "call it out," Brzezinski raised the specter of amending Section 230—the federal statute that shields tech platforms from liability—in order to punish social media companies explicitly.

>In April 2021, White House advisers met with Twitter content moderators. The moderators believed the meeting had gone well, but noted in a private Slack discussion that they had fielded "one really tough question about why Alex Berenson hasn't been kicked off from the platform."

Is there a difference between the White House stating they are looking at Section 230 and asking why this one guy has not been banned?

slater 9 hours ago | parent [-]

from your paste, it looks like Mika B. brought up the section 230 thing?

Also, spreading disinformation about covid has real-world implications.

Orange man getting his feelings hurt because comedian said something isn't even in the same ballpark

themaninthedark 7 hours ago | parent | next [-]

Sorry, I only grabbed part of the quote. Here is it paraphrased as the names are not that familiar to me.

"Shouldn't they(Facebook and Twitter) be liable for publishing that information and then open to lawsuits?" - MSNBC "Certainly, they should be held accountable, You've heard the president speak very aggressively about this. He understands this is an important piece of the ecosystem." - White House Communications Director Kate Bedingfield

Source: https://reason.com/2023/01/19/how-the-cdc-became-the-speech-...

So yes, MSNBC brought up Section 230 and the White House Communications Director says "Yes, we are looking to hold social media accountable."

>Also from the same source: The Twitter moderators believed the meeting had gone well, but noted in a private Slack discussion that they had fielded "one really tough question about why Alex Berenson hasn't been kicked off from the platform."

>Throughout 2020 and 2021, Berenson had remained in contact with Twitter executives and received assurances from them that the platform respected public debate. These conversations gave Berenson no reason to think his account was at risk. But four hours after Biden accused social media companies of killing people, Twitter suspended Berenson's account.

I don't care about Trump's feelings but if we want to be able to speak truth to power, we have to be willing to let people talk shit as well. Yes, COVID has real world implications. Almost everything does.

People on the left say "Think about the children and implications with regard to this." People on the right say "Think about the children and implications with regard to that."

Notice how none of them seem to be saying "Let's lay out the facts and let you think about it."

tbrownaw 7 hours ago | parent | prev | next [-]

Preventing people from disputing claims of fact makes it harder to find out if those claims are actually solid. Same for arguments. https://www.goodreads.com/quotes/66643-he-who-knows-only-his...

Preventing people from having a platform for content-free asshattery doesn't have that problem.

(A fun implication of this line is reasoning, is that the claim that Kimmel's comments were "lies" makes the jawboning against him more morally bad rather than less bad.)

typeofhuman 8 hours ago | parent | prev [-]

> Also, spreading disinformation about covid has real-world implications.

Your logic can be used to censor anything that goes against the narratives of the arbiters of disinformation.

> Orange man getting his feelings hurt because comedian said something isn't even in the same ballpark

Pejorative. Lack of evidence. Ignoring contradictory evidence. Sounds like you are locked in.

typeofhuman 8 hours ago | parent | prev [-]

If you're referring to Jimmy Kimmel. You should probably consider that while the FCC member made that comment, Sinclair (the largest ABC affiliate group) and others had been demanding ABC cancel his show for its horrible ratings, and awful rhetoric which inhibited them from selling advertising. His show was bad for business. It's worth suspecting ABC let no good opportunity go to waste: save Kimmel's reputation and scapegoat the termination as political.

More here: https://sbgi.net/sinclair-says-kimmel-suspension-is-not-enou...

alphabettsy 6 hours ago | parent | next [-]

Personally, not going to take Sinclair‘s press release at face value.

https://www.politico.com/story/2017/08/06/trump-fcc-sinclair...

https://upriseri.com/sinclair-nexstar-duopoly-right-wing-con...

brookst 6 hours ago | parent | prev [-]

I can’t figure out what you’re trying to say. It’s no big deal that the head of the FCC says they’ll pull licenses for media outlets that mock the president, because one media outlet says that would be the right commercial decision anyway?

That can’t be your point, but I also can’t think of a more charitable interpretation.

10 hours ago | parent | prev | next [-]
[deleted]
Ekaros 5 hours ago | parent | prev | next [-]

If you refuse to distribute some information you are making editorial decision. Clearly you are reviewing all of the content. So you should be fully liable for all content that remains. Including things like libel or copyright violation.

To me that sounds only fair trade. You editorialize content. You are liable for all content. In every possible way.

justinhj 11 hours ago | parent | prev | next [-]

So you're saying that YouTube is a publisher and should not have section 230 protections? They can't have it both ways. Sure remove content that violates policies but YouTube has long set itself up as an opinion police force, choosing which ideas can be published and monetized and which cannot.

tzs 10 hours ago | parent | next [-]

Section 230 does not work like you think it does. In fact it is almost opposite of what you probably think it does. The whole point was to allow them to have it both ways.

It makes sites not count as the publisher or speaker of third party content posted to their site, even if they remove or moderate that third party content.

bee_rider 10 hours ago | parent | prev | next [-]

YouTube’s business model probably wouldn’t work if they were made to be responsible for all the content they broadcasted. It would be really interesting to see a world where social media companies were treated as publishers.

Might be a boon for federated services—smaller servers, finer-grained units of responsibility…

krapp 10 hours ago | parent | prev [-]

https://www.techdirt.com/2020/06/23/hello-youve-been-referre...

justinhj 9 hours ago | parent [-]

Thank you. I was completely wrong about section 230.

joannanewsom 9 hours ago | parent | prev | next [-]

Jimmy Kimmel wasn't being silenced. He doesn't have a right to a late night talk show. Disney is free to end that agreement within the bounds of their contract. Being fired for social media posts isn't being silenced. Employment is for the most part at will. Getting deported for protesting the Gaza war isn't being silenced. Visas come with limitations, and the US government has the authority to revoke your visa if you break those rules. /s

You seem to think there's a bright line of "silenced" vs "not silenced". In reality there's many ways of limiting and restricting people's expressions. Some are generally considered acceptable and some are not. When huge swaths of communication are controlled by a handful of companies, their decisions have a huge impact on what speech gets suppressed. We should interrogate whether that serves the public interest.

amanaplanacanal 9 hours ago | parent | next [-]

The US has pretty much given up on antitrust enforcement. That's the big problem.

scarface_74 7 hours ago | parent | prev [-]

The federal government was literally pressuring ABC to take Kimmel off the air. Even Ted Cruz and other prominent republicans said that was a bridge too far.

joannanewsom 2 hours ago | parent [-]

The federal government was literally pressuring YouTube to remove certain COVID content that did not violate its policies. It's said explicitly in the story.

What I'm trying to get at is it's possible to stifle people's freedom of expression without literally blocking them from every platform. Threatening their livelihood. Threatening their home. Kicking them off these core social media networks. All of these things are "silencing". And we should be wary of doing that for things we simply disagree about.

hn_throw_250915 11 hours ago | parent | prev [-]

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