Comment by cookiecaper
9 years ago
The issue extends beyond the moral. They've set a precedential behavior and now it can be used against them. "You took down X, but you won't take down Z?" This could be persuasive upon a judge or jury. By starting down this path, they've set up a standard of behavior that they will be judged against, for better or worse, moving forward.
That's a bad thing for us overall because now it won't just be something the CEO finds offensive; rather, it will be anything that could, through any potential legalistic contortion, result in legal liability.
We should all be very concerned about these low-level infrastructure components like GoDaddy, Google DNS, and CloudFlare beginning to adopt a policy of content moderation.
I'm shocked that something as simple as "they're nazis" is actually being accepted by people here; it is pretty much the stock anti-speech argument that we've all rehearsed forever. Sad to see that many aren't living up to it now that the cards are on the table.
Domains should only be seized when the government issues a binding legal order, not when the registrar or CDN's CEO wakes up on the wrong side of the bed.
This is so ridiculous that it's hard to imagine it's not coordinated specifically to weaken/undermine any form of anti-establishment or politically incorrect speech online. These attacks on core infrastructure delivery components need to be denounced loudly.
"The act was passed in part in reaction to the 1995 decision in Stratton Oakmont, Inc. v. Prodigy Services Co.,[3] which suggested that service providers who assumed an editorial role with regard to customer content, thus became publishers, and legally responsible for libel and other torts committed by customers. This act was passed to specifically enhance service providers' ability to delete or otherwise monitor content without themselves becoming publishers"
https://en.wikipedia.org/wiki/Section_230_of_the_Communicati...
Good reference, another thing to go on my Not-A-Lawyer reading list.
However, this doesn't seem to indicate that such editorial activity can't have a legal effect in some areas. It is limited only to cases where the service provider would otherwise be implicated as the publisher/speaker instead of a neutral mechanism used in the delivery of others' publications and speech. There are many other relevant circumstances where such behavior creates at least a non-legal precedent (Not A Lawyer, so can't and don't want to get into the nitty-gritty) and expectation that CloudFlare will act in a specific manner that violates the content policy they claim to want to keep.
The simple fact is that even if the law unequivocally allowed such activity, that doesn't mean that Cloudflare hasn't set a standard of behavior that they will be expected to live up to, inside and outside of the coutroom. That's especially true in the case of a jury trial, but there are certainly no shortage of politically-aware judges who don't want to let their 15 minutes be wasted in falsely associating them as "pro-white-supremacist". And if Cloudflare is at all PR-sensitive, they are now in for a long, slow beating.
This is all a large can of worms that everyone should regret ever having opened. How hard would it have been to say "Sorry, that's not how DNS works" when some random person on Twitter said "You're supporting a white supremacist! Undo it!"?
IMO the evidence here indicates a coordinated takedown and censorship campaign by organized political forces, and this operation has undeniably been a resounding success for them. So much so that they have fundamentally undermined the core institutions of the internet itself, hardly realizing the sacrosanct barrier they've pierced.
And I know that the HN that recognizes this with near unanimity is lying around here somewhere. I'm just not sure why they're not showing up to these threads. Maybe the votes are being artificially manipulated? Maybe everyone has slowly earned themselves bans/account censures for touching a topic that the mods are sensitive about? Maybe employers are becoming extra vigilant about catching those who express heresy on HN in hopes of catching a Damore-esque figure before it becomes a national press story? I dunno. But this type of non-neutrality on the part of core online infrastructure providers should be a much bigger deal than it is.
> How hard would it have been to say "Sorry, that's not how DNS works" when some random person on Twitter said "You're supporting a white supremacist! Undo it!"?
I don't understand? Are you saying that lying would have been morally superior? Because, as we've just seen, that's exactly how DNS works.
As for the other legal consequences, I don't see how this changes anything. Did anybody ever doubt Cloudflare's technical ability to stop serving individual sites?
I also don't see how consistency can be an argument in any such case: Being consistently wrong doesn't seem like a strong excuse for being wrong.
I feel you're also operating from a view of the court system that is vastly more cynical than the courts deserve. This is, unfortunately, a point that I cannot adequately put into words. But if you ever have the time, maybe find some decision that interests you (or, actually, pick anything at random) and read the decision, or maybe watch the oral arguments. I often read both the majority and the dissenting opinion of cases, and come away agreeing with both of them! That should be impossible because they contradict each other, but even opinions I disagree with often have an undeniably forceful argument.
(I just thought of a good example, which is a transcript from the Waymo vs Uber lawsuit. You may be surprised to see the forceful stand the judge takes to make the proceedings open to the general public. Quote:
(https://www.documentcloud.org/documents/3533784-Waymo-Uber-3...)
With regard to your expectation of HN's opinion: I believe you're mostly just underestimating how dramatic many people consider the current political situation to be. This is somewhat beyond the usual partisan divide, as can be seen by the almost unanimous decision by CEOs (generally not suspected to secretly harbour leftwing believes) to quit their advisory roles, by the increasing willingness of republicans in congress to criticise their president, or even in the Fox News moderator's spontaneous reaction to Trump's press conference, calling it "disgusting" and "surreal".