Comment by Karunamon
8 years ago
We already do that with phone companies, and up until very recently we almost did that with internet providers (by way of Title II common carrier status).
It wouldn't be that much of a legal stretch to say that the service is acting as a common carrier, and that they can either advertise honestly or be regulated. Twitter wants to have it both ways, where they can advertise as a space for public discussion when it suits them and fall back on the "private company, our back yard" defense when their behavior is questioned. This is the real problem.. there's nothing whatsoever wrong with operating a curated service as long as you are clear that's what you're doing.
As an alternative (and entirely off-the-cuff) legal theory, the communications decency act holds a provider harmless for what their users post, but critically, they lose that protection once they start exercising editorial control.
I'd aay that most large social networks already crossed that line. I also think most companies would ease up on the censorship if they knew that the alternative left them open to suit for libelous etc. content on their service.
Very good comment! Social media companies present themselves as better (technical solutions for) commons. Their identities show this: face book, (bird) tweets...
I don't want to be mean, but the actual situation makes me think that they are sort of new parasites for the commons (seen as an organism), sort of a cymothoa exigua [0] of public speech.
Since a comment like yours is so rare, I tweeted it :) [1] and I plus it with a post [2] I wrote after looking for laws concerning cultural genocide. Because, dramatic or not, that's the reality of the phenomenon, sadly.
[0] https://en.wikipedia.org/wiki/Cymothoa_exigua [1] https://twitter.com/mbuliga/status/969646621981138946 [2] https://chorasimilarity.wordpress.com/2017/11/10/genocide-as...