Yes, Elon Musk Is Fucking Up Twitter; But No, The Government Has No Business Getting Involved
from the not-how-any-of-this-works dept
So, yes, I’ve written a few things now on Elon’s silly excuses for his frantic speedrun through the content moderation learning curve. It’s getting more mainstream press because of journalist accounts getting banned (including, this morning, Insider’s Linette Lopez, who did not post any “doxing” info but has reported critically on Musk for years, which lead to him harassing her).
And while Musk’s fans have been (hilariously, frankly) trying to defend these decisions by (1) claiming this is somehow “different” because it’s about “safety” — an argument we cleanly debunked this morning — and (2) saying it’s okay because the “liberal” media are now screaming about censorship and free speech, so it’s all hilarious since everyone is switching positions. Except, I haven’t seen much of that supposed “switch.” Lots of people are pointing out that the reasons stated for these suspensions have been silly. And many more people are highlighting how hypocritical the statements and decisions made by Musk are. But most people readily recognize that he has every right to make dumb and hypocritical decisions.
There are a few, however, who do seem to be taking it further. And they should stop, because it’s nonsense. First up we have the EU, where the VP of the European Commission, Vera Jourova, is warning Musk that there will be consequences.
That’s her saying:
News about arbitrary suspension of journalists on Twitter is worrying. EU’s Digital Services Act requires respect of media freedom and fundamental rights. This is reinforced under our #MediaFreedomAct. @elonmusk should be aware of that. There are red lines. And sanctions, soon.
But being banned from private property doesn’t impact “media freedom or fundamental rights.” And it’s silly for Jourova to claim otherwise. No one has a “right” to be on Twitter. And even if the journalism bans are pathetic and silly (and transparently vindictive and petty) that doesn’t mean he’s violated anyone’s rights.
Some in the US are making similar claims, even though the 1st Amendment (backed up by Section 230) clearly protects Musk’s ability to ban whoever he wants for any reason whatsoever. Yet Jason Kint, the CEO of Digital Context Next, a trade organization of “digital media companies” — but which, in practice, often seems notably aligned with the desires of Rupert Murdoch’s news organizations — demanded Congressional hearings if Musk did not “fix this within an hour” (referencing the journalist suspensions).
But that’s silly. Again, his decisions are protected by the 1st Amendment. It’s his property. He can kick anyone out. Just like Fox News can choose not to put anyone on air who would call bullshit on “the big lie” or Rupert Murdoch. That’s their editorial freedom.
And I’d bet that if Congress hauled Lachlan Murdoch in for a hearing to demand he explain to them his editorial decision making practices for Fox News, Kint would be highlighting the massive 1st Amendment-connected chilling effects this would have on any of his member news organizations.
We can mock Musk’s decisions. We can highlight how nonsensical they are. We can pick apart his excuses and the ramblings of his fans and point out how inconsistent they are. But Musk has every right to do this, and that’s exactly how it should be. Getting government involved with editorial decisions leads down a dangerous road.
Filed Under: 1st amendment, congress, editorial discretion, elon musk, eu, free speech, jason kint, journalists, section 230, social media, vera jourova
Companies: twitter
Comments on “Yes, Elon Musk Is Fucking Up Twitter; But No, The Government Has No Business Getting Involved”
Section 230 fight
All mr Elon has done is light a new fire for the fix section 230 crowd to use.
It will happen. Very lame.
Re:
The problem with that idea, the majority of the “fix §230 crowd” are all the people who Elon has now allowed to return to Twitter, and are actively applauding Elmo’s current ban streak. And guess what, §230 is the first protection against lawsuits from Elmo’s moderation decisions.
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Re: Re:
Very true. Government has no business getting involved; the fix is for private right of action, as a potential contract breech between individual users and platforms. Revise Section 230(c)(2)(A) to spell out the actionable categories, such as profanity, doxxing, death threats, or commercial spam, while also eliminating the “otherwise objectionable” loophole.
Re: Re:
So you’re in favor of ordering people who carry other people’s speech to do so regardless of their own desires, outside of a few categories that you favor. Got it.
So… what happens, when you discover a new category that is causing active harm Right Damn Now? Those people you’ve just restricted now have their hands tied. Congress can’t legislate on a dime. Those people will still be harmed for considerable time to come.
And that’s not even counting the business decisions involved in moderation: Do you force them to allow assholes to blatantly lie about (insert topic here), against the wishes of most of the people forced to see their writings? Do you force them to allow Leftist democratic trolling on eg Truth Social? Do you force the r/weather to host commentary on sociology (and vice versa) against the designated topic of the forum?
And then there are the lawsuits. Lawsuits in sufficient number to drown even Facebook (I would have said “even twitter”, but…). That’s what you’re advocating for.
Re: Re:
You have no right to use other peoples property. The way you sound is exactly like a rapist sounds. “You can’t tell me no, I have a right to fuck you because you wore revealing clothing!”
Also, if there is a private right of action, who besides the government will enforce it? How can the government not get involved?
Also also, profanity? Get the fuck out of here you fucking piece of shit.
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Re: Re: Re: Re:
People are very much allowed to contractually exchange property so long as the property isn’t outlawed.
Government enforcement of a judgement is not considered to be government involvement from a first amendment perspective.
Re: Re: Re:2
Yes, and when one side breaks the contract by violating the ToS, then they have reason to be kicked off of the platform.
See how simple that is?
It’s 100% considered government involvement, because the government is the only entity that has any enforcement powers, and the 1st amendment states explicitly they can’t.
Re: Re: Re:2 What did the five fingers say to the face?
“Government enforcement of a judgement is not considered to be government involvement from a first amendment perspective.”
https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation
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Re: Re: Re: «being banned from private property»
Its a sad reminder just who it is you’re talking with when you’re told that our civilian digital infrastructure as well as the air itself somehow magically exists for the exclusive benefit of a “propertied class”.
Re: Re: Re:2
Your strawman has a drug problem.
Re: Re: Re: Plenty of fucken retards on Tech Dirt who support Section 230
Repeal Section 230! Repeal this piece of shit law that protects big tech at expense of victims of crime!
Re: Re:
Criminal codes already cover anything objectionable.
As for the rest? Legal, though very much unethical. Except for foul language, asshole. If you have a problem with the f-word while demanding to say racial slurs and dehumanizing language with zero repurcussion…
Though you’re not here to argue in good faith, terrorist.
Re: Re: Commercial spam such as all of your shit posts...
“Revise Section 230(c)(2)(A) to spell out the actionable categories, such as profanity,…”
Obesity laws were ruled unconstitutional fucking decades ago Korndog. Why do you cunts hate the First Amendment?
Re: Re:
It’s quite telling about you Koby that you want to eliminate the “otherwise objectionable” phrase. That basically means that you want to be able to call people ni&&ers online, harasses LGBTQ+ communities, and all other legal speech that gets moderated under the “otherwise objectionable” category.
Essentially, you want to be a fucking asshole online, but don’t feel you should suffer any consequences, such as being banned, because of your actions.
Re: Re:
Nobody mentally competent and/or honest has ever suggested “revise section 230.”
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Really
Really?
“8. Federal intelligence and law enforcement reach into Twitter included the Department of Homeland Security, which partnered with security contractors and think tanks to pressure Twitter to moderate content.”
https://twitter.com/mtaibbi/status/1603857551287730176
What’s the Copia Institute agian?
Re: Now that's an exteinction level insult!
It’s this bro.
https://copia.is/about/
Sorry/not sorry about the long Covid fucking up your memory.
Re:
So, how much space do you give up to Mike living rent free in your head?
Re:
Either sue the government for meddling in Twitter moderation, or stop posting this bullshit as if it proves anything.
I could see maybe an argument that banning links to competing social networking sites is anticompetitive, like how the court ruled in Epic v Apple that Apple can’t ban apps from linking to alternative payment sites. But that’s the only example I can think of where it might be plausible to punish him for blocking certain speech on his platform (at least, under US law; I can’t speak to the UK or EU or anywhere else).
Course, there’s plenty else he’s doing that’s going to get him into trouble with various governments, from not paying people he owes money to to violating the FTC consent decree.
Re:
I think it’s pretty clear that the Mike isn’t implying there’s a cause of action, just that the behavior is definitionally anticompetitive.
Musk being forced to testify to congress could be entertaining and satisfying, however a subpoena would, violate the first amendment if not in practice, in principal.
Re:
That didn’t stop them before when they had Zuckerberg and Dorsey dragged in, I doubt it will stop them this time either.
Forest through the trees
Um, the EU can’t force or expect to be able to choose who Musk can and cannot ban but they certainly can level sanctions including Twitter’s ability to operate in the EU, right? I’m not familiar with the EU’s Digital Service Act but the reference you’d made is to private property rights in the US.
I think Kint’s use of “hauled” is silly and I feel awful defending anything that man says but calling tech CEOs to testify for their company’s behavior is not unheard of, is it? Attempting to interfere with his editorial decisions is off limits but asking him explain his actions and pointing out the downsides and hypocrisy isn’t, is it?
As one who is frustrated by those who conflate constitutional freedom of speech with things that shouldn’t be conflated with the 1st amendment, I can understand the impulse to criticize. I’m just not sure that that either of these examples are clear cut examples of misunderstanding 1st amendment and private property rights.
Re: Muscles flexing
Yes the 1st Amendment version of ‘free speech’ means nothing outside the US. EU countries have its own definitions, and it’s amazing, as a non-American, how ignorant Musk apparently is of the many differences. Like when he illegally tried firing European staff without notice or due cause. Er you can’t do that Elon.
Maybe he figures he can just barrel his way through and take the inevitable fines of the cost of doing business, but the EU is flexing its muscles and licking its lips, and Musk, who seems to be increasingly friendless would make a tasty little test case as it prepares to take on the likes of Meta, Microsoft and Amazon.
Re:
but calling tech CEOs to testify for their company’s behavior is not unheard of, is it?
And almost always, Congress has no business doing this whatsoever. The fact that no one has blown them off yet is, frankly, astonishing.
asking him explain his actions and pointing out the downsides and hypocrisy isn’t, is it?
No, it’s the demanding an appearance before Congress and acting like refusing to appear or answer to their satisfaction is grounds for contempt charges which should be off-limits. (For nearly reason they’ve asked anyone to appear in recent memory. It’s all theater and compelled speech.)
Re: Re:
Think social, not legal. For pete’s sake, it’s in the name of the product they selling. INAL but gov’t can’t sue if they don’t show but can widely publicise they didn’t show.
Phase two looks to be going well.
“Nuke it from orbit, it’s the only way to be sure.”
All this stuff with Elon buying twitter really just highlights how warped the perception of twitter has become. Imagine someone saying:
or
Sounds quite absurd, doesn’t it? Yet at the end of the day, they and Twitter are fundamentally the same. The only differences are how popular they became, and what features they offer.
Yet because Twitter became by far the most popular, suddenly its micro-blogging service is treated as though it were essential communication and a new owner changing the ban criteria to suit his whims is treated as a grave violation of fundamental rights. What’s next? Governments demanding accountability because some journalist gets banned from Reddit?
Re:
Imho, it’s a sign that the company has gotten worryingly big, and has too few/weak competitors.
It’s not a violation of the first amendment, but the reason the first amendment exists is that it’s a bad thing if a single organization can censor people and/or topics from the realm of public discussion.
If a company has gotten so powerful that it approaches being able to do that, that’s a problem, for the same reason that we have anti-trust regulation: letting profit (or ego) driven corporations have too much market power leads to bad things.
I would think that their would be a plausible anti-trust complaint in the censoring of mastodon links: similar to how microsoft got issue with bundling IE ~20 years ago, or google prioritize it’s services over competitors in the search results.
Re: Re:
Don’t worry. That’s correcting itself fast, with Mastodon in both the “getting larger” and “getting more numerous” category all by itself.
Re: Re:
Only one organization can censor: Government.
And it’s not even like Twitter (which also is not that big, lol) is being all 19th-20th century capitalst and private police disappearing people and literally making it so they can’t speak. Which still isn’t censorship, unless governmentall sanctioned.
Re: Re: Re: more than one
Dictionary defines censor:
* to examine in order to suppress (see suppress sense 2) or delete anything considered objectionable
Many organizations can do that. For instance, the local newspaper can censor its letters-to-editor page, replacing or omitting undesired speech. Television stations reporting on the Nixon tapes could bleep out certain words.
A porn site may censor comments urging people to watch less porn or to view pictures of different porn stars. And twitter can censor criticism of the owner.
None of this presents a 1A problem because in each case it is a private entity controlling its own property.
Re: Re: Re:2
To turn a the above half-truth into the whole truth:
suppress
verb
sup·press sə-ˈpres
suppressed; suppressing; suppresses
transitive verb
1
: to put down by authority or force : SUBDUE
suppress a riot
2
: to keep from public knowledge: such as
a
: to keep secret
b
: to stop or prohibit the publication or revelation of
Private “censorship” hardly fits the full definition.
Re: Re: Re:3
More to the point: Censorship is about denying people either access to information or the right to speak their minds. Private entities can do those things, but that generally involves the threat of government involvement (e.g., lawsuits) or some form of violence (or the threat thereof). Someone being banned on Twitter, for example, is not the same as someone shutting up because they were threatened at gunpoint.
Re: Re: Re:4
Or because someone like Devin Nunes demonstrates that they will sue anyone who says something they object to.
Re: Re: Re:4
As Chozen proved with his Pruneyard quotation, what the Supreme Court considered censorship in that case was the NC government saying “You can’t do that anywhere” to that guy.
Re: Re: Re:5
You’re thinking of Packingham—but yes, you are otherwise correct.
Re: Re: Re:6
Ah yeah. I keep mixing up those names.
Re: Re: Re:3 more than one
Right you are. And I can certainly keep things from public knowledge, or at least reduce public access to knowledge, without government involvement.
Consider a tobacco vendor. They may, through selective funding of research institutions, effectively limit the spread of information about unhealthful effects of their product.
Or consider a social media cry-baby. He can, through account management practices, limit the spread of information as to where his airplane is to be found.
Or consider a coal mine. The operator may use Pinkertons to prevent information about working conditions from gaining public attention.
The information may not be entirely stamped out. People may eventually find out that tobacco is not good for them, or where airplanes are to be found, or that coal companies do not care about you. but the respective entities can at least suppress information spread.
Re: Re: Re:4
>
Or consider a social media cry-baby. He can, through account management practices, limit the spread of information as to where his airplane is to be found.
Minor quibble here.
What if the information is publicly available? The argument is sound, though.
Re: Re: Re:5 more than one
Then, as I said, the information may not be entirely suppressed. People may eventually find out about coal mine conditions, health detriments of tobacco, deleterious effects of truck-based long-haul delivery systems, and even perhaps airplane locations.
More like the government has no business getting involved in this one, extremely distracting but ultimately petty issue.
The government has plenty business involving itself in Musk’s apparent violations of privacy law, employment law, and hamstringing of the company’s trust and safety team to the extent that doing so compromises the ability to remove CSAM.
There’s so much more at stake here than hurt feelings and culture wars.
Re:
Don’t forget rent, utilities, and, oh, I think Techdirt did mention about some deal with the FTC regarding privacy and safety…
Sorry Mike, minor quibble. A “speedrun” implies progress is being made. I don’t think there’s any evidence of that in Musk’s case.
Re:
There is progress being made. Progress in the destruction of Twitter, that is.
Re:
A race to the the proverbial bottom is technically a run, I guess?
Re:
He is making progress in using moderation to destroy twitter..
Re:
Moving on to the next stages require that you admit that you got the current one wrong and take steps to fix that, and since Elon seems incapable of admitting when he gets something wrong…
Re:
Reset.
“Frantic speedflush?”
Gaah!
Enough about Twitter and Elon Musk. He deserves to be ignored. Everybody leave Twitter Please. I am sick and tired of reading about him. Ban Twitter. Ban Musk
Re:
Japan: No. We need Twitter.
But at least they’re realizing Elon’s bad news.
Re:
Another victim of TD’s magic coding that forces people to read articles they don’t want to… Truly the world is so lucky that the coding hasn’t been weaponized and unleashed upon society as a whole.
Government will take ANY excuse to get involved and exert it’s control. Regardless if it’s presence is warranted or not.
The internet was a good thing but governments around the world are quickly trying to put the genie back in the bottle by any means necessary.
Re:
“The internet was a good thing but governments around the world are quickly trying to put the genie back in the bottle by any means necessary.”
What’s really gonna cook your noodle later is when you learn that the US government basically created the internet.
Re: Re: Al dente
well, it often comes down to holding a transcendental belief of digital space as being more than bits of information …and then going around trying to convince others that those bits are somehow more of a physical reality than the medium in which they are expressed.
30 years in, aren’t we done experimenting , don’t we have a more common sense approach for deciding just who’s job it is to protect the Commons?
It’s his 44 billion playground, if he wants to rip out all the grass & playscape items he can do it.
The only thing the government should do, is deny him the right to a 44 billion dollar write off because he tanked the playground purposely.
That's why we can't have nice things
Because some detestable entity with too much money will buy them up and spoil them. It’s systemic to capitalism, though it’s mostly in the context of large corporations’ monetary interests rather than dumb narcissist billionaires.
“This thing that was bad when it happened to us is now happening to you and not us and is therefore good now.”
Yup, checks out.
Re:
Except for the part where it never happened to them.
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What the fuck is wrong with you?
You goddamned, actual moron.
Twitter was already fucked up, already losing vasts amount of money, AND THE FBI WAS IN CONSTANT CONTACT WITH THE CENSORSHIP TEAM. This has been proven now.
You don’t have to like it (based on what you did like, I’m glad you don’t) but this is way way better than it was before.
Just shut the fuck up. You’re gaslighting now. Saying utterly untrue nonsense and trying to pretend it matters.
Re:
You first, terrorist.
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Re: Re:
That my posts get tagged and this morons doesn’t tells you everything you need to know about this readership
Re: Re: Re:
I’m not the one running a one-man harassment campaign to get Mike to “issue an apology and never write about Twitter again”.
I’m not the one shilling for an authoritian who shills for others like him.
I’m not the one who’s against free expression and freedom of the press.
And I don’t fit the FBI definition of a terrorist.
You do. And you’re eventually gonna try to assassinate Mike anyway, so if the shoe fits…
Re: Re: Re:
lmao shut up terrorist
Re: Re: Re:
The readers say that you’re the moron and everyone here except chozen, hyman and phil are better than you.
Re: Re: Re:
“this morons doesn’t”
Do go on…
Re:
… said nobody literate, ever.
Re:
Looks like we reached the Chozen stage of hissy fits.
Re: Nothing is wrong with me, but you need help
Hey Matthew,
Has it ever been suggested to you that you, maybe, have some anger issues?
Who hurt you?
Yes, Twitter was fucked up and was losing some money, though it also had profitable quarters. But it also didn’t drive away a huge chunk of its advertisers.
The latest Twitter files reveal that the FBI was not “in constant contact” but certainly was in regular contact around election issues and cybersecurity. I’m not thrilled about that either, frankly, but it’s also… widely known and reported on if you weren’t in a complete right wing media bubble.
The only tweets revealed as “reported” to Twitter — and I’ll note that they never demand takedown, merely ask Twitter to review to see if they violate the site’s terms, which is a perfectly legal request — involved people suggesting the wrong day to vote (the day after election day). Twitter had PUBLICLY DECLARED that it would remove tweets posting false information about election day:
https://www.cnbc.com/2020/09/10/twitter-to-remove-or-label-tweets-intended-to-undermine-us-election.html
As for the FBI, it was often warning companies about legitimate foreign threats. That’s… the FBI’s job. There’s nothing strange about it doing so. And it was useful in protecting US citizens. Again, the FBI’s job.
https://blog.twitter.com/en_us/topics/company/2021/disclosing-state-linked-information-operations-we-ve-removed
https://www.theguardian.com/technology/2020/jun/12/twitter-deletes-170000-accounts-linked-to-china-influence-campaign
Look, I’m sorry you seem to live in a bubble and not understand facts. But out here, in the real world, we do. And then I report fairly and accurately on it, and express my opinion about it.
Incredibly, this post wasn’t even about any of that, but explaining why NO government should interfere with Elon’s Twitter.
I get the feeling you didn’t even read any of it, even as it’s actually defending Elon’s right to do what he wants.
How so?
What “untrue nonsense” did I state here?
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Re: Re:
” That’s… the FBI’s job. There’s nothing strange about it doing so. ”
Please point to any act of congress that gave the FBI the power to police “misinformation.” I disagree with Matt on one major point. Yes Russiagate was the driving force here much like 9/11. But in the case of 9/11 like it or not the Patriot Act is law passed by congress and signed by the President. There is no such legislation here. Congress never passed an act, and the president never signed an act, that gave the FBI this authority. The FBI simply went ahead and did it on their own.
Re: Re: Re:
If the “misinformation” threatens public safety, the government, the functioning of the government, the country and the Constitution it falls within the purvey of the FBI. It’s in their mission statement, and the statement also says it will communicate and disclose information to Congress, media and the public.
You would know this if you actually bothered to read their mission and functions manual.
Re: Re: Re:
It isn’t the FBI’s job. But the FBI, like literally any other person/organization in the U.S., can ask Twitter if certain accounts violate Twitter’s TOS. Twitter is under no legal obligation to take the FBI’s reports any more seriously than a report from, say, you. It can ignore those reports if the accounts in question aren’t violating TOS.
Re: Re: Re:2
“It isn’t the FBI’s job. But the FBI, like literally any other person/organization in the U.S., can ask Twitter if certain accounts violate Twitter’s TOS. ”
That’s called jawboning and has been unconstitutional for decades. Shut the fuck up you stupid fuck.
Re: Re: Re:3
Jawboning implies that those with power are actually pressuring someone to do something they wouldn’t normally do, but if you bothered to read the published communication between Twitter and FBI is clear that’s not the case since Twitter on a majority of requests replied with “denied”.
Re: Re: Re:
Look, nobody cares which of you two has to be the catcher.
Re: Re: Re:2
Chozen strikes me as the sort to pen angry manifestos and rape fanfiction about all the people he gets annoyed with. Unfortunately for him, being a raging incel hasn’t been fashionable since the mid-2010s.
Well, you’ve been picking at the flaws in EU’s content regulation for some time now. I think this is a good thing, not because the EU is making good choices , but because they’re fucking up and will be forced to have a ‘learning experience’ because of it. The motivation to address problems in online communication is understandable, but the plan I saw mentioned from Germany seemed better: stop relying on social media to distribute important government content!
The same applies to journalism, being reliant on social media is a dead end and not doing so offers a chance to revitalize actual news and reporting. Meanwhile, Elon Musk’s actions are the trash (Elon) taking himself out: he’s shown himself to be a boldfaced hypocrite and liar to everyone whose support he’s ever courted.
I guess there’s yet another poll (or three? or more?) asking about reinstating the journalists; supposedly ‘the people’ have required the banned journalists to be reinstated already. Maybe he’ll save some ‘free speech’ face that way, maybe not.
Meanwhile the rest of us can be motivated towards actually sharing content of length and quality on longer-form sites and blogs. TechDirt is an obvious example, but it’s not like we can’t all fediverse our way into creating more lasting and impactful content than blips on an infinite scrolling/refreshing/random feed.
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Banning Twitter accounts is ok. As long as it appeases the left. Got it.
Re:
If banning fascists, racists, queerphobes, and mis- and disinformation peddlers “appeases the left”, what does that say about “the right”?
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Re: Re:
That the right is not susceptible to the messages of fascists, racists, queerphobes, and mis- and disinformation peddlers and needs no mollycoddling censors to protect their feeble understanding from people enjoying a hearty laugh?
Re: Re: Re:
You’re saying the right can offer nothing but 100% projection.
Re: Re: Re:
The people carrying guns during their protests of drag shows aren’t Antifa Super Soldiers.
Re: Re: Re:
Or.
The “right” are the fascists, racists, queerphobes, and disinfo disseminators and they don’t need censors, but to be arrested for EVERYTHING they’ve done in recent memory?
And that’s the LEAST they deserve.
Re: Re: Re:
You’re kidding, right?
Re:
The right is incapable of making an equivalence that isn’t false.
Re:
Where did anyone say that?
Re: Re:
I’ll say it, ’cause if a social media platform is going to take a political stance — and honestly, I rather think doing so helps clarify the moderation issues — I’d rather it take the one that favours treating people like people.
Re: Re: Re:
The reality is that social media have drawn a line for what is considered civil speech it wants to be associated with and its users exposed to and some think that is the same as taking a political stance or being biased against .
The whole thing boils down to that we have a group of people who feel persecuted and excluded because they want to persecute and exclude other people and they cannot grasp the irony in their behavior when the consequences for it affects them.
As you say, treat people like people – it’s not a particularly difficult proposition.
Re: Re: Re:2
It’s not so much an irony, as finally being held to a minimum standard that’s still lesser than what their victims are held to.
They’ve been given countless inches and they’re mad that they don’t get the whole mile. It’s more terrifying than anything, because these are the assholes who go and buy guns, then encourage each other until one of them goes on a shooting spree.
Twitter fed them by allowing them relatively-unchecked hatespeech for so long, then one of them bought it, which makes sense because the line for civil speech has always been drawn unevenly in their favor.
They cannot treat people like people, because they don’t see their victims as people. Both social media and the popular press feed their viewpoint by treating it as a valid opinion worthy of giving time and debate to. And when their victims rightly tell these bigots where to shove it after getting piled-on all day, we’re the ones who get banned.
And that further reinforces their impression they’re right. That they don’t have total impunity to oppress people feels actually wrong and unfair to them, and Twitter fed that feeling in them for years. The feeling of being entitled to hate at scale instead of meeting the same end that all Nazis must.
Re:
I was not aware the communists have enough power or public presence to do just that.
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Technological Development Has Sunset Section 230
I put two short articles on Quora to explain why a 2022 Social Medium Platform does not come close to meeting the Section 230 definition of an Interactive Computer Service (ICS).
The definition of an ICS is a matter of law. SCOTUS can rule in any Section 230 litigation that a 2022 Social Medium Platform is not a Section 230 ICS, and everybody wins.
When SCOTUS wants, it can be extremely picky with respect to the text of a statute as the ruling of Patterson v. McLean Credit Union, 491 U.S. 164, 109 S. Ct. 2363 (1989), indicates.
Section 230 caselaw is a judicial coup against the American public. This coup takes away Constitutional rights of the American public (1st Amendment, 9th Amendment, and 14th Amendment) and unconstitutionally confers 1st Amendment rights on wealthy message common carrier megacorporations to the harm of the US political system as I argue in Martillo v. Twitter [22-532].
SCOTUS does not have to respect precedents, and it’s attachment to a legal stance can be eroded.
Vitiating Section 230 immunity should be much easier. SCOTUS has never ruled on Zeran-based caselaw.
SCOTUS now has my blanket consent for amicus briefs in 22-532.
A Medium Corp takes my argument seriously and has hired an “award-winning brief writer and experienced oral advocate” to oppose my petition. I wonder whether Musk’s commitment to free speech extends to CRA protected groups. So far Facebook and LinkedIn, which are two extremely discriminatory social medium platforms, have been trying to ignore my litigation.
Please take a look at the two short articles on the meaning of ICS. I studied with top linguistics scholars at Harvard and MIT. In the petition‘s argument for a grant of cert, I applied the legal knowledge that I acquired while I worked with the pre-Breakup AT&T legal department.
[I am also running a fundraiser: The Ninth Amendment Challenge to Social Medium Abuse. I have raised approximately $4,000.]
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… said nobody literate, ever.
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Re: Re: Show Some Literacy By Replying to the Arguments in the Petition
Of course, the replies are likely to demonstrate a complete lack of understanding.
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The replies always and unerringly conclusively prove Thors’s complete inability to understand anything at all, yes.
Re: Re: Re:2 Tear Apart the Petition If You Can
SCOTUS docketed my petition. It should be easy to shred if I understand nothing.
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And… crickets.
I’m going to hazard a guess and imagine that the petition wasn’t the only thing that got shredded.
Good riddance to you, Trumpfuck.
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Dude, you’re still here?
Did you get your Twitter account re-activated with all the others that were banned for being racist like you?
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Re: Re: Musk is a total hypocrite and liar!
Neither my account nor Olivia’s account has been restored.
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and Twitter underlings couldn’t do anything but watch their favourite platform get raped and fall into obscurity…
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That you’d compare the downfall of a social media platform to a violent sexual assault is…well, it’s not unexpected from a genocidal misanthrope like you, but it’s definitely telling of just how much you hate people.
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And a tellingly unintelligent comparison; Twitter (for all it’s many flaws and issues) was much more like an unending (or intended to be) tapestry than it was like a person, and you can’t rape a tapestry even you can do your best to destroy it. To make such a comparison is at best an admittance of the writer’s desires.
Instead every user was a weaver, even if simply observing the action of warp and weft from the sidelines. That it outgrew the ability of the weavers running the loom to keep if from fraying apart was obvious to some, but easily ignored by most in how entrancing the nearly-magical way different threads knitted together to create not just portraits of the users, but landscapes of whole communities, triptychs of current events, and so on.
Then some troll who fancied himself a brilliant smith became not just entranced with tapestry as so many others had, but addicted to the power it made him, just as many others had. So he took his army of weak automatons, brain-washed cultists, treasure-hoarding dragons, and sung the battlehymns of the Troll-in-Chief (which sound a bit like Tucker Carlson’s worst gastric distress).
And having often tried to become weavers in the past despite being frustrated by their inability to grasp that the point was to weave instead of rend, that army declared triumph and began to ‘weave’ in earnest, never having learned from their previous failures at such a seemingly-simple task. And so those trolls sit in burned and torn strands, thinking themselves won.
While the weavers have certainly not been idle, instead increasing creating new tapestries after having learnt so much from this one. This may be a battle the weavers lost, but in our exodus a diasporic diversity of approaches has arisen while our former tormentors are trapped in their own pyrrhic ‘victory’ in an increasingly flame-ridden dumpster fire that was once intended to be something more.
In my years on Twitter, I learned so much; I also learned that the ‘value’ in social media is created by me, whether I’m creating content or consuming it. That means I have the power and not the trolls who are busy masturbating to the most useless scraps of what the weavers of words left behind and thinking it’s… something. Often a violent and disgusting power fantasy like turdop’s above, because at heart the trolls are all incels.
And from the scraps we brought with us elsewhere to establish new tapestries, we’re already making beauty and creating more than Twitter really allowed for. Personally I’ve decided that blogging suffers from the same issue of often being linked to some kind of feed like Facebook and Twitter (and Mastodon, I guess), as well as generally being too short-form; this is a personal preference since I prefer to reading to podcasts and videos, and I prefer books to magazines.
However as a writer (aka a weaver of words), I also know some of my intended audience only reads bite-size chapters of serialization typical in modern webnovels as much as other readers in my intended audience may prefer to hold a book made of dead trees in their hands like I do. Blogging might sometimes be able to meet the former need, but Twitter never could. And instead of blogs, there are dedicated webnovel apps where writers can publish. Instead of writing a novel’s worth of tweets just to try to engage people, I can spend my time writing actual novels and planning a serialized publishing strategy.
I was giving away free labor to Twitter and getting nothing in return, now I’ve finally found a way to take the typing practice I got there and put it to good use weaving my own tapestries. And the trolls won nothing by my leaving Twitter, because nothing they do is winning. It’s just losing increasingly loudly, while everyone else goes back to actually getting things done.
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Tero Pulkinnen considers violent sexual assault as an acceptable method of enforcing copyright. What did you expect?
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I’m pretty sure “well, it’s not unexpected” is just a way of saying “I expected this” with double-negatives.
That is, it was expected. More importantly it’s telling than whether it was unexpected or not. While it’s really not new information, it’s at least consistent shitbaggery.
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British English nuance, like “Not inconsiderable”, “Not unlikely”. If 1 = expected and 10 = expected, “not unexpected” probably scores about an 8.
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The real interesting part is going to be what happens when the investigations start. That whole Jan 6th political circus has created quite the precedent. Between the Twitter files and Hunter Biden’s laptop, this will be a hell of a show. POPCORN!!! GET YOUR POPCORN!!!
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I don’t see how the “Twitter Files” bullshit and the Hunter Biden laptop controversy are the same thing as inciting an insurrection against the federal government. Then again, I also don’t drink paint thinner.
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I wasn’t referring to the event itself. I was more speaking to the absolute partisan circus that’s happened afterwards and since.
“Then again, I also don’t drink paint thinner.”
I’m sure your fine with the cool aid.
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That you’re more concerned about a “partisan circus” than about the insurrection itself says a lot about you. None of that says is good, but it still says a lot.
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Kool-aid*
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GQP drinks of choice:
Paint thinner with a horse deworm chaser and a literal shot of bleach!
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“inciting an insurrection against the federal government.”
Yet in Twitter’s own internal discussions they admitted Trump didn’t insight shit.
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I know this is an Eco Chamber Troll, but what precedent has the Jan 6 group created?
People on national TV attacked congress. Congress has always had the power to look into direct attacks, find out who did what etc.
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” Congress has always had the power to look into direct attacks, find out who did what etc.”
No they don’t. This last “referral” proved what a crock the whole trying was. Congress has the authority to investigate for a legislative purpose. They ended it with criminal referrals and no proposed legislation.
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Yes they have, or are you actually suggesting Congress can’t look into possible criminal actions? Seems you are conflating what they can do with what they can’t do in responding. Congress can legally gather evidence and information on who did what but they can’t take legal action on that which is why any result from this type of committee always ends with no action, legislative suggestions, criminal referrals or a combination of the last two.
“Yes they have, or are you actually suggesting Congress can’t look into possible criminal actions?” Any Article III investigation must serve a “valid legislative purpose” Quinn 1955. For the Jan 6th committee to end with no proposed legislation but instead criminal referrals means that everyone involved in the drafts and arguments submitted to the court committed perjury and should go to jail.
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You should really read up on what “valid legislative purpose” encompasses when it comes to what powers the Congress wields while investigating events it was directly involved in. The case you are referring to actually says this about Congress power to investigate: *It cannot be used to inquire into private affairs unrelated to a valid legislative purpose *, and the case specifically talks about forcing a witness, a private citizen, to possibly incriminate himself.
I should add that it doesn’t say anywhere that a committee must end with a proposed legislation because that’s just plain stupid since a reasonable assumption is that some committee’s will come to the conclusion that no new legislation is necessary (and that has actually happened). You are of course free to point to any law, regulation or policy that binds a Congress committee to always come up with a legislative change. I wish you good luck on that.
As usual when you quote from a legal case you totally misunderstand what it actually says.
“Yes they have, or are you actually suggesting Congress can’t look into possible criminal actions?” Any Article I investigation must serve a “valid legislative purpose” Quinn 1955. For the Jan 6th committee to end with no proposed legislation but instead criminal referrals means that everyone involved in the drafts and arguments submitted to the court committed perjury and should go to jail.