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Comment by kazagistar

9 years ago

So much for believing in "due process".

Due process? For what? It's a private company, deciding to terminate the contract with a shitty customer that is ruining their image. Worst case scenario the Nazis might have a case for breach of contract, but they won't get much out of it. Also, I'd love to see them show up in court to try to defend this as a "freedom of speech" case, and get told what a bunch of abhorrent human beings they are and to GTFO.

  • The CEO's explanation includes a section titled "freedom of speech < due process." But he defines "due process" as, roughly, predictable decision making. Legally speaking, due process involves a lot more than that.

    The CEO doesn't describe any process that Cloudflare intends to follow that will provide predictable decisions. So the original comment is correct: the explanation doesn't describe anything similar to due process, even though the CEO explicitly says that is/will be Cloudflare's guiding light.

    For what it's worth, I think Cloudflare has a strong argument for canceling based on the Daily Stormer's claim that Cloudflare supported them or endorsed them or whatever ( http://codes.findlaw.com/us/title-15-commerce-and-trade/15-u... ). But the explanation promises to go beyond that, and doesn't deliver.

    • Gotcha, when he said "due process" he didn't mean it in the legal sense, but in the "we have to follow the right procedures internally to make sure what we are doing is right" sense.

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  • Due process is something the CloudFlare CEO mentioned believing in.

    I didn't see how it was relevant either.

  • I think private companies serving public with ability to control visibility, especially those with majority marketshare should be subject to similar laws as anti-trust.

His only mistake is explaining himself.

If it were my call, every hate group's content would have inexplicable persistent problems. I'd use the Simple Sabotage Field Manual as my playbook.

  • And the hate group would be defined as such by whom?

    • Sometimes we yield idealism for the sake of pragmatism. Yes, the definition of "hate group" is subjective and also political, but most people recognize that self-described nazis and members of the KKK meet that definition.

Much like free speech due process concerns citizens and their government rather than people and any public organization.

  • No. The 1st amendment is specific to the government, but free speech is a much broader normative concept. It is about cordoning off the market place of ideas from reprisals in meatspace. A canonical defense is John Stuart Mill's "On Liberty" (available free online).

  • He said so himself in May that every website deserves due process before taking it offline.

    “Whenever you have a private organization which is making what are essentially law enforcement decisions, that is a risk to due process. And I think due process is important,” Prince said in the interview.

> So much for believing in "due process".

Due process is not a synonym for don't do anything nor no consequences.

  • Due process is not a synonym for "I woke up this morning in a bad mood and decided to kick them off the Internet" either.