Techdirt Podcast Episode 341: In Defense Of The Global, Open Internet

from the under-attack dept

There have long been attacks on the global, open nature of the internet. Traditionally these came from authoritarian regimes looking to wall off portions of the internet and exert greater control of them, but lately we’ve also been seeing growing threats from democratic countries in the form of problematic laws and regulations. Recently, we wrote about an article by Global Network Initiative executive director Jason Pielemeier and Annenberg Public Policy Center research fellow Chris Riley that made a case in defense of the global, open internet, and this week both Jason and Chris join us on the podcast to look at the past, present and future of the internet around the world.

Follow the Techdirt Podcast on Soundcloud, subscribe via Apple Podcasts or Spotify, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

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Tech Dirt's desire to put profits over safety and the law is about to end says:

A global, open internet where crime reigns supreme...

Is what Tech Dirt apparently wants. A global, open internet where revenge porn, cyberstalking, doxing, harassment, online abuse thrive and individuals have no legal recourse. An open internet where online crime is disguised as “Free Speech” leaving victims with ruined lives, career, and relationships. An open internet where tech entrepreneurs make millions but face no legal liability for any crime or civil tort committed on its platform.

Tech Dirt wants to get rich and everyone else to pay the price. Tech Dirt wants all the profits without the responsibility.

Tech Dirt can stop dreaming. Section 230 will be severely curbed by the Supreme Court this year and more regulations will come to make online the same as offline.

Tech Dirt’s wet dream of putting personal profits over victims and social safety is about to end.

🙂 🙂 🙂

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wjohnson343 (profile) says:

Read Gonzales v. Google - none of the amicus curiae briefs favour Google

Everyone wants to see Section 230 get gutted.

It would be a glorious day for Section 230 to be gutted. Finally, what applies offline will apply online.

This is close to the end of tech industry’s two decade wet dream of no regulation and no legal responsibility for cyber crimes.

🙂 🙂 🙂

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Strawb (profile) says:

Re: Re: Re:

Everyone knows

You keep using that word. I do not think it means what you think it means.

Also, your source is crap. She cites a book on the first page that claims:

[…]Internet Service Providers (ISPs) and website operators engineered the inclusion of a provision in the Communications Decency Act, Section 230[…]

That’s factually wrong. Section 230 was written by Representatives Ron Wyden and Chris Cox as a response to the verdict in Stratton Oakmont, Inc v. Prodigy Services Co., because they felt that websites wouldn’t be able to function if they couldn’t moderate as they saw fit.

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Strawb (profile) says:

Re: Re: Re:3

Her argument is morally sound.

Except it’s not. It’s based on false information. That makes it not sound, in any capacity.

Also, I know this is going to go over your head, but if Techdirt consisted of greedy, capitalistic pigs, why did they did get completely rid of ads? Why aren’t they shilling for every possible product they can?

I’ll give you a hint: it has to do with not being greedy and capitalistic.

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wjohnson343 (profile) says:

Re: Re: Re:4 The only false information is spewed by Tech Dirt

Basically, Tech Dirt is saying: let’s not regulate online harms. Tech Dirt thinks big tech companies should NOT have any liability for online harms even if victims have no available recourse (if the perpetrator is hiding abroad or using VPN). This way, tech companies can just continue making money off of harmful content while hiding behind a liability shield.

HOW THE FUCK DOES THIS MAKE SENSE IN ANY REASONABLE SOCIETY?

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Strawb (profile) says:

Re: Re: Re:5

Basically, Tech Dirt is saying: let’s not regulate online harms.

No, they’re not.

Tech Dirt thinks big tech companies should NOT have any liability for online harms even if victims have no available recourse (if the perpetrator is hiding abroad or using VPN).

Provide a source or quote for that, or stop lying.

This way, tech companies can just continue making money off of harmful content while hiding behind a liability shield.

It’s in the best financial interest of the companies to not be associated with rampant harassment and abuse among users. You have no clue how this shit works.

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wjohnson343 (profile) says:

Re: Re: Re:6 Google and Bing ignore court orders, thanks to Section 230

“No, they’re not.”

Yes, they are. The only EFFECTIVE solution for cyberstalking and online harassment is a repeal of Section 230 to make ISPs more sensitive to harmful content. Anything else is pure fantasy.

“It’s in the best financial interest of the companies to not be associated with rampant harassment and abuse among users. You have no clue how this shit works.”

Tell that to Google and Bing who refuse to take down defamatory and harassing search results no matter how many times victims have to ask.

https://answers.microsoft.com/en-us/bing/forum/all/bing-will-not-comply-with-court-order-for-removal/881347d6-119f-46e4-93e2-19714f4479be

https://answers.microsoft.com/en-us/bing/forum/all/i-have-a-narrow-court-order-asking-microsoft-to/61d50e17-e6d7-4345-8972-1907816fa9c1

https://nypost.com/2019/08/17/how-google-has-destroyed-the-lives-of-revenge-porn-victims/

Get your facts right man. Big arrogant tech companies, in particular Google, don’t give a rat’s fuck about victims of online harassment and helping them. Google deserves to be sued into oblivion, and Google executives deserve life in prison without parole.

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Anonymous Coward says:

Re: Re: Re:7

Tell that to Google and Bing who refuse to take down defamatory and harassing search results no matter how many times victims have to ask.

How do they do that without enabling every scanner, crook and religious zealot to remove anything that they object to.

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wjohnson343 (profile) says:

Re: Re: Re:8 Again, a complete red herring/straw man from Section 230 supporters

“How do they do that without enabling every scanner, crook and religious zealot to remove anything that they object to.”

Again, a complete red herring/straw man. Sure, the law could be abused, but it would help a LOT MORE people who are actually stalked or harassed or doxed and need the harm to stop. The fact that any law can be abused is not justification for not having the law.

Maybe 5% of requests will be frivolous. But 95% of requests will be real. And I’m perfectly ok with some collateral damage to “low quality” speech of that 5% if it means 95% of the requests by actual people harmed by online stalkers can be satisfied.

In addition, victims need to be able to provide evidence. But to deny them a path altogether simply due to Section 230 does FAR MORE HARM than good for society.

Anonymous Coward says:

Re: Re: Re:9

Currently over half of DMCA claims are bogus — and many are attempts to just remove content people don’t like. So, where you get the data that only 5% of harassment claims will be false?

Furthermore, if I argue you’re harassing Mike with your spam and insults (which you are), should Techdirt be held liable?

wjohnson343 (profile) says:

Re: Re: Re:10 Most DMCA claims are legitimate. Where's your source for >50%? fucker

There’s nothing wrong with bogus DMCA claims as long as it adequately protects real legitimate claims. It’s ok to have some collateral damage to low quality trashy speech online as long as victims are protected, you dumb biased piece of shit.

Internet should never be a toilet where anyone can post any garbage online that can ruin other people’s lives without any type of legal recourse to get that content removed.

Anonymous Coward says:

Re: Re: Re:11

There’s nothing wrong with bogus DMCA claims as long as it adequately protects real legitimate claims.

No, what that does is incentivize bogus claims. When bogus claims are sufficiently incentivized in that nobody would ever penalize them, it encourages flooding of the system with bogus claims that then have to be handled.

So what ends up happening is the system becomes so clogged with bogus claims that have to be treated as legitimate, actually legitimate claims get buried and they don’t get the attention they need. This isn’t exaggeration either – plenty of music creators on YouTube find that other non-practicing entities have issued DMCAs on their original work, and someone else ends up making money on their content.

In any case, the DMCA doesn’t protect against online harassment. It has been used for it, which isn’t what copyright law is for, and such abuse only makes it harder for legitimate claims to survive precisely because the bogus claims outweigh the legit.

It’s ok to have some collateral damage to low quality trashy speech online as long as victims are protected

And what then would you do, if someone issues a DMCA takedown on your username and comment history, and forced Techdirt to take it down and prevent you from commenting further?

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wjohnson343 (profile) says:

Re: Re: Re:6 Companies do not need to approve every post made but...

Once they have legal notice of harmful content they are on the hook for legal liability if they do not take reasonable steps to remove it.

It’s called “duty of care”, and every industry has it, except for the greedy tech industry which doesn’t give a shit if someone is killed on the platforms (aka Kiwifarms/Grindr).

Lack of duty of care makes no fucken sense but the pigs at Tech Dirt want you to think it’s a good thing.

Fucken scum.

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wjohnson343 (profile) says:

Re: Re: Re:4 I don't care about ads. I care about Tech Dirt's failure to advocate for Section 230 reform

Section 230 reform is the most obvious change that can meaningfully help protect Americans and people around the world from cyber stalker and online harassment. Yet Tech Dirt doesn’t do shit and tries to spew bull shit about how Section 230 is good, in effect basically supporting cyber harassment and cyber stalking by leaving victims harmed by these crimes without proper recourse to remove harmful content and hold perpetrators or platforms who abet the crimes accountable.

It’s not that hard to understand. You are purposely ignoring my point because you know it’s right and Tech Dirt puts corporate profits above public safety and the law.

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Strawb (profile) says:

Re: Re: Re:5

Section 230 reform is the most obvious change that can meaningfully help protect Americans and people around the world from cyber stalker and online harassment.

How would removing a US law help people “around the world”, numbnuts?

What you’re suggesting is the equivalent of wanting to sue Ford for someone running you over in an F-150.

You are purposely ignoring my point because you know it’s right

Interesting logic. Does that mean that you’re ignoring everybody else’s points against you because you know they’re right?

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wjohnson343 (profile) says:

Re: Re: Re:6 A US law helps international victims because currently...

perpetrators hiding overseas just repost the harmful content on a US server and victims overseas have no legal remedy to remove it. US tech companies hide behind Section 230 on a GLOBAL basis so the content is always viewable on the US version of the website, regardless of local laws. Case in point, Right to be Forgotten in EU doesn’t mean jacksquat because one can always find the removed links on Google USA, so removing it from Google EU, Google France, Google UK, means didly squat.

So basically the US is exporting its fucken “no regulations for big tech” policy globally. Section 230 repeal would allow foreign victims to sue the US companies which would remove the harmful content on US versions of the website. It would also allow victims of harassment by a foreign perpetrator out of jurisdiction of US courts to sue the platform for expeditious content removal.

It’s the fucken retards on Tech Dirt who purposely want to turn a blind eye to this reality to support making money off of the pain they cause society.

Fucken scum.

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wjohnson343 (profile) says:

Re: Re: Re:2 It's fucken better than Tech Dirt taking money from Big Tech

and misleading professors like Eugene Volokh and Eric Goldman writing misleading and pro-corporation articles in favour of Big Tech under the disguise of the First Amendment and completely ignoring the reality of rising online abuse and cyberharms on a global basis.

Eugene Volokh, Eric Goldman, and Reason Magazine has not written anything to address the rise of online harassment and how to protect victims. These people purposely turn a blind eye because they are likely paid behind the scenes by Big Tech to act as de facto corporate mouthpieces.

Anonymous Coward says:

Re: Re: Re:3

That’s a CRIMINAL ISSUE.

It always has been.

All that is required is for companies in general to cooperate with the authorities in those cases. Section 230 actually incentivises cooperation in that case.

Gonzalez vs Google is about terrorist content on Google’s services. I have only seen emotive bullshit regarding that and not “how do I incentivize greater cooperation for these CLEARLY CRIMINAL THINGS”.

Now, if the argument was “should Google do more” I ‘d be willing to talk, but you seem to want to atack Big Tech.

In that case, I’ve got a question.

Should there also be a law that also forbids Koch Industries from doing business in Russia? Duty of care also covers “not working with countries actively trying to subjugate a soverign country”.

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wjohnson343 (profile) says:

The lack of tech regulation is causing enormous social harm in USA and internationally

In today’s world, online stalkers can continue to ruin the lives of victims by posting harmful content, doxing content, and shaming pages online and ISPs have zero incentive to remove this. The legal system hasn’t caught up with the internet. Criminals and sociopaths find it easier to commit crimes online than offline. Section 230 needs to go. Only when Section 230 is removed, repealed, or severely curbed will Google, Facebook, and other tech companies have incentive to promptly address online harm lest otherwise they will lose profits to lawsuits. It is beyond time for a regulatory framework for the tech sector as the lack of regulation is causing too much harm to many people in the US and across the world.

The USA needs to repeal Section 230 or reform it severely, and adopt data privacy laws like Right to be Forgotten. This way, nobody can post crap about someone online and have this affect the victim’s life. Online stalking is same as offline stalking. Online crimes are illegal as are offline crimes.

First Amendment should also be amended so that it doesn’t cover doxing, online harassment, and online stalking.

See here: https://www.nytimes.com/roomfordebate/2014/08/19/the-war-against-online-trolls/free-speech-does-not-protect-cyberharassment

Danielle Citron is completely correct in that our laws need to be updated urgently to reign in tech companies running AMOK and harming people.

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Repeal Section 230 says:

USA is currently crumpling as a country due to lack of regulation for Big Tech

Solution is to repeal Section 230 and start fining tech companies, large and small, who allow harm to persist on their platforms even when provided legal notice or court orders.

Tech companies have taken advantage of Section 230 for too long and don’t deserve the protections. They aid and abet online crimes because it makes them money.

Repeal Section 230.

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wjohnson343 (profile) says:

Lobbying of Congress by immoral tech firms should also be curtailed

Perhaps a repeal of Citizens United would do the trick. Big Tech is a nefarious force in American society. Tech companies big and small are extremely evil and have no qualms about harming people if it makes them an extra buck.

Repeal Section 230. Curb Big Tech Lobbying. Make Congress work for Americans, not Silicon Valley.

Fuck Section 230 supporters

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Regulation tech. Repeal Section 230 says:

Agreed. Would love to see Section 230 repealed and tech regulated

I think it is a boon for tech to be regulated properly so they are accountable for online harms and can be sued.

This would create a safer and better society.

EU, India and UK are all regulating big tech and they are all democracies.

Tech Dirt should also be regulated.

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wjohnson343 (profile) says:

Re: Re: Re:2

“Who says they have to provide one?”

So why the fuck should we trust Tech Dirt then? If Tech Dirt can’t offer ethical and unbiased analysis of online harms then it’s obvious they are on the side of corporate profits over public safety. That means the entire organization reeks of dishonestly, immorality, and is ok with perpetuating harms against society to fatten their wallets. This makes them complicit in online harassment and other crimes.

So why the fuck would any one want to associate with Tech Dirt if it is so painfully clear they are ok throwing public safety under the bus for corporate profits?

Who would want to associate with immoral greedy pigs?

wjohnson343 (profile) says:

Re: Re: Re:4 I don't care about Google's tracking individuals

That’s not the invasion of privacy that I care about. I don’t care if Google tracks users. What I care about is there are NO laws that prevent PEOPLE from invading the privacy of and harming OTHER PEOPLE, using platforms like Google. That’s the harm I care about, not if Google tracks your cookies or some shit, which has no real life damages and is irrelevant.

What is relevant is if there are no laws preventing the posting of harmful, stalking content by ONE PERSON AGAINST ANOTHER PERSON. If no laws exist, then effectively you are saying we as a country (THE USA) allows people to randomly ruin the lives of another person online as some form of personal retribution, harassment, or stalking campaign.

I’m not OK with the fact that people can post anything they want about others online with no legal repercussions and the person being posted about has no legal remedies to get inaccurate, harassing, or plainly malicious content removed.

The “Right to be Forgotten” is absolutely necessary in the digital age to protect digital privacy FROM OTHER INDIVIDUALS.

I don’t give a shit about protecting personal privacy from CORPORATIONS. What can Google do with my cookies? Don’t give a rat’s fuck.

Rocky says:

Re: Re: Re:5

What I care about is there are NO laws that prevent PEOPLE from invading the privacy of and harming OTHER PEOPLE, using platforms like Google.

There is no law that can prevent a crime, only discourage.

I’m not OK with the fact that people can post anything they want about others online with no legal repercussions and the person being posted about has no legal remedies to get inaccurate, harassing, or plainly malicious content removed.

So why do you post obvious lies here then if you dislike it so much? You can’t complain about an activity if you are doing yourself.

Only moron here is Strawb says:

Re: Re: Re:4 Only moron here is Strawb, who thinks harassment, doxing is a good thing

Section 230 absolutely needs to be fixed because it currently allows individuals to dox and post personal private information about others with no legal recourse by the victim. What society would allow this?

You’re fucken retarded if you think cyberlibertarianism is a good thing. You’re a dumb ass pig.

Rocky says:

Re: Re: Re:5

Section 230 absolutely needs to be fixed because it currently allows individuals to dox and post personal private information about others with no legal recourse by the victim.

You go after the individuals who do the deed.

Also, why don’t you use your real name? Afraid of getting sued for defamation or libel perhaps?

Jamesluke99 (profile) says:

Re: Re: Re:6 What if the individuals are hiding in another country?

What if the “individuals” are hiding in another country and cannot be located, or judgment proof and don’t care about a lawsuit?

By ignoring these very common and obvious points, you’re basically showing that you purposefully gaslight the harm of the victims to protect corporate profits.

You guys are just a bunch of greedy pigs who deserve to be regulated and controlled by law.

Total freedom doesn’t exist.

Anonymous Coward says:

Re: Re: Re:7

What if the “individuals” are hiding in another country and cannot be located, or judgment proof and don’t care about a lawsuit? By ignoring these very common and obvious points

You’re slipping, John. This spate of throwaway accounts to say the same thing over and over again just to harass a website doesn’t prove you’re right, it proves you’re an annoying brat with an ax to grind.

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wjohnson343 (profile) says:

Tech Dirt, by failing to address online harms and reforming Section 230...

means that Tech Dirt is actively abetting online harassment and crimes by purposefully putting out misinformation that would prevent effective laws from being passed to hold cyberstalkers, cyber harassers, and doxers accountable for the harm they cause victims and the public safety.

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Only Silicon Valley greedy corporate pigs like Section 230 says:

Fuck Silicon Valley greedy corporate pigs

remove doxxing content if they can’t get sued anyway, which is the current case under Section 230.

Why the fuck is Google ignoring victim pleas to remove revenge porn then?

People in the tech community can’t stand having Section 230 removed because THEY LOSE MONEY! That’s the real reason. Well you know what? You fucken deserve to lose money!

Tech Dirt deserves to be sued into oblivion and shut down for good!

Fuck Section 230! Fuck Tech Dirt. Fuck Silicon Valley pigs.

Section 230 is what ALLOWS AND ENABLES online harassment says:

Section 230 MUST BE REPEALED

  1. Revenge porn, Google refuses to help victims: https://nypost.com/2019/08/17/how-google-has-destroyed-the-lives-of-revenge-porn-victims/, https://www.amnesty.org/en/latest/news/2022/12/south-korea-online-sexual-abuse-content-proliferates-as-survivors-blame-google-failings/
  2. Defamatory, court adjudicated cases, Google refuses to remove, hiding behind Section 230: https://www.searchenginewatch.com/2013/08/23/bing-no-longer-complying-with-court-ordered-defamatory-content-removals/
  3. Online harassment content, including doxing/cyberstalking webpages, that Bing/Google refuse to remove: https://answers.microsoft.com/en-us/bing/forum/all/bing-will-not-comply-with-court-order-for-removal/881347d6-119f-46e4-93e2-19714f4479be

Why is this? If you say Section 230 allows platforms to fight harassment, then WHY THE FUCK are these platforms blatantly IGNORING court orders that have been adjudicated in the legal system of illegal content?

Your logic makes no fucken sense. You know the reality of Section 230, but just don’t want to admit it cause it will impact profits for tech entrepreneurs. Well guess what? I don’t give a rat’s fuck if tech entrepreneurs lose money!

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