[HN Gopher] Big Tech's future is up to a Supreme Court that does...
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       Big Tech's future is up to a Supreme Court that doesn't understand
       it
        
       Author : xrayarx
       Score  : 17 points
       Date   : 2023-02-20 18:34 UTC (4 hours ago)
        
 (HTM) web link (www.axios.com)
 (TXT) w3m dump (www.axios.com)
        
       | elmerfud wrote:
       | These articles just show how detached people are thinking the "on
       | an iphone" is somehow new and never before seen. They've fallen
       | prey to their own marketing ideology.
       | 
       | What "big tech" is doing is not new it's the same game that
       | companies have been doing since there have been companies. Common
       | carrier status was always about not being party to messages of
       | your users. Big tech is absolutely party to the messages of their
       | users, even private ones. We all know it, they do it
       | intentionally and even the stodgy old people on the supreme court
       | can clearly see their game.
       | 
       | If you're going to "control the narrative" by choosing what
       | people see and what the don't, then you need to be responsible
       | for what is displayed. This isn't and opt-in level of control
       | there's not even an opt-out. They blatantly decide what the news
       | is and feed it to you, no matter what you try and do to search
       | around it.
       | 
       | It has always blown my mind that google maps has no option to
       | show all the points of interest no matter how far you zoom in.
       | Just one tiny example of a service populated by users but then
       | controlled by the machine.
       | 
       | Be a common carrier or don't be. This manipulation game needs to
       | end. I don't know what the court will do but hopefully provide
       | guidelines on what common carrier is.
        
         | l33t233372 wrote:
         | How can you expect a service like Youtube to operate with "no"
         | algorithm(the word "no" is in quotation marks because even a
         | strictly chronological feed would be an algorithm)?
         | 
         | You would actually prefer to get on Youtube and see the
         | thousands of awful videos uploaded before the one that's
         | related to what you've recently watched?
        
           | toomuchtodo wrote:
           | They might not be able to operate. That's the point. In some
           | cases, it might kill the service (and whether that's
           | desirable is going to be a function of your viewpoint).
        
             | l33t233372 wrote:
             | Youtube is a great service and if the law will make it go
             | away, we must change the law.
        
         | scott00 wrote:
         | This case has literally nothing to do with common carrier
         | status. Neither side is claiming that Google or Twitter are
         | common carriers.
        
       | boh wrote:
       | Tech isn't particularly complicated from a legal perspective
       | especially in this case. Regardless of whatever algorithms or
       | infrastructure being used to power it, Twitter and Google
       | function mostly as media companies. Section 230 was put together
       | in a completely different political and economic environment than
       | what we have today--granting tech firms powers they would've
       | unlikely been able to secure at any other time. If they lose the
       | case it won't be because the Supreme Court doesn't "understand".
        
       | freedude wrote:
       | Just don't promote, suggest, or downvote content.
       | 
       | This is a distraction and non-issue... "The court might think
       | it's doing one thing and it's actually doing something very
       | different," said Evelyn Douek, a law professor at Stanford who
       | specializes in tech law. "It's ill-matched to the problem."
       | 
       | If your algorithm can't be explained to a judge, someone who is
       | highly educated at understanding logic and reason, then perhaps
       | it is broken anyway.
       | 
       | The fact is Big Tech has dug its own grave long ago, and that
       | should have been obvious since the Cambridge Analytica scandal.
        
       | remarkEon wrote:
       | This Axios "article" does not mention the actual cases[1][2], so
       | I'm left to trust that the two people in the by-line actually
       | know what they're talking about. In case you don't like making
       | those sorts of assumptions, here's the summary from scotusblog on
       | the two cases. Oral argument is 21-22 FEB.
       | 
       | >Issue: Whether Section 230(c)(1) of the Communications Decency
       | Act immunizes interactive computer services when they make
       | targeted recommendations of information provided by another
       | information content provider, or only limits the liability of
       | interactive computer services when they engage in traditional
       | editorial functions (such as deciding whether to display or
       | withdraw) with regard to such information.
       | 
       | >Issues: (1) Whether a defendant that provides generic, widely
       | available services to all its numerous users and "regularly"
       | works to detect and prevent terrorists from using those services
       | "knowingly" provided substantial assistance under 18 U.S.C. SS
       | 2333 merely because it allegedly could have taken more
       | "meaningful" or "aggressive" action to prevent such use; and (2)
       | whether a defendant whose generic, widely available services were
       | not used in connection with the specific "act of international
       | terrorism" that injured the plaintiff may be liable for aiding
       | and abetting under Section 2333.
       | 
       | [1] https://www.scotusblog.com/case-files/cases/gonzalez-v-
       | googl...
       | 
       | [2] https://www.scotusblog.com/case-files/cases/twitter-inc-v-
       | ta...
        
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       (page generated 2023-02-20 23:02 UTC)