Comment by xupybd
4 years ago
Free speech is about giving people the freedom to say things I find disgusting. It's about giving each individual the choice to listen to what ever influence they wish. It takes the the power of ideas and elevates them above physical force.
> It takes the the power of ideas and elevates them above physical force.
This is exactly why dropping Kiwi Farms was the right decision. There is a difference between saying hateful things and doxing and harassing people with threats of violence.
We don't even need to dip into the endless debate about tolerating hate -- there's no level of ideological indirection here, Kiwi Farms was just very straightforwardly driving people offline with threats of physical harm and real-world harassment.
No that's why this issue should have been dealt with promptly and firmly by a justice system not by a corporate choice.
We can't have a society that requires CEO to decide who is morally acceptable and who is not.
If law's have been broken we need law enforcement.
Endless reminder that having multiple layers of moderation protects free speech, it doesn't restrict it.
You do not want the government to be the sole arbitrator of what content should be online. That is exactly how you end up with laws like SESTA/FOSTA.
Our government exists to set a baseline of unacceptable speech that private services can build on top of. As we move futher up the stack to the network level, and then the hosting level, and then the forum level, we allow more moderation -- each level refines its definition of acceptable content a little, and then the next level builds on top of that.
In this case, I actually do agree that Kiwi Farms probably crossed that government baseline; it was such an egregious case that it probably should be addressed in law in some way. But in general it is a bad idea to say that we're going to solve every decision about what content is and isn't acceptable by hauling someone in front of a judge. That's a recipe for chilling speech, not expanding it.
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“promptly and firmly by a justice system”
The Justice system is almost never prompt. Despite the fact that some laws have been broken, the police likely won’t take a situation seriously until _after_ there’s a dead body. They aren’t in the business of preventing people from getting killed. They’re in the business of putting the killers in jail.
So, yes, maybe a more ideal solution would be a dramatic reform to policing, but, if that’s not going to happen any time soon, what solutions are available?
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Every CEO implicitly decides what is morally acceptable or not when they act. Additionally individual people and society as a whole judge those actions within their own frame of reference.
Laws aren't about what's moral or not.
> We can't have a society that requires CEO to decide who is morally acceptable and who is not.
> If law's have been broken we need law enforcement.
This argument, that if it's legal there's no problem is calling for an over-bearing authoritarian state that micro-manages every interaction of private individuals.
We do not want to give more power to the state, which is why there's a bunch of stuff that's legal but is really unpleasant, and why we use "beyond all reasonable doubt" in the criminal courts. For this to work we require citizens to take responsibility.
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> We can't have a society that requires CEO to decide who is morally acceptable and who is not.
Yes, we can. And we do. Even if the decision you would have the is “everything law enforcement doesn't act on is acceptable”.
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They have been broken, by anonymous or nearly anonymous people, constantly, distributed throughout the world behind multiple proxies.
Sorry dude, we're not gonna wait 3 to 50 months for law enforcement to sort gradually through the trail of bodies.
Like oh I'm just doing crimes using your delivery service, I'm just doing crimes in your restaurant, I'm just doing crimes in your day care, and if you believe in free speech you have to let me keep doing the crimes it until you petition the US government to compose a task force
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So what's the difference between Kiwifarms doxxing some poor soul and the New York Times or Washington Post doing the same to some other sucker? Why hasn't the NYT been taken down yet?
If the NYT ever launched a campaign or started targeting a people in a way that actually was the equivalent to Kiwi Farms, then in that scenario it absolutely should be taken offline.
But the short answer is that the NYT is not a dedicated doxing forum. It's made decisions I disagree with, but no, it's not even close to equivalent to Kiwi Farms.
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Is this referring to the "slate star codex" incident a couple years back?
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Although this is an interesting argument, the issue in this context is that the US legal system, has yet to declare what it is that KF is doing to be illegal.
Maybe they would have lost in court. But as of yet, even though there has been multiple lawsuits against KFs, KF farms has won every thing lawsuit.
That is the issue you have to grapple with. That, for all known knowledge that we have, from the legal system, nobody has proven their actions to be illegal.
> nobody has proven their actions to be illegal
It's an excuse for Cloudflare to argue that its moderation decisions should be only based on legality, and that excuse shouldn't be accepted unquestionably.
I mention this in a few other places, but regardless of whether or not Kiwi Farms in specific should be illegal, there is a lot of other speech that is legal and ought to be legal that Cloudflare still shouldn't be platforming. It is a mistake to have all of all moderation decisions made by the government.
I mean, heck, automated requests and automated scraping are not illegal in the US, in fact they've been ruled legal even when that scraping was happening against the wishes of websites -- and I personally think that was a good decision. Where's the line between automated scraping and abuse? We're not sure, but Cloudflare doesn't wait for a court order before it stops what it deems to be malicious traffic, and it's not running around complaining that the government hasn't given it a precise definition of a DDoS attack.
Many things that can reasonably be characterized as direct attacks on people and public infrastructure are legal, and it's not clear to me at all that the correct response to that is to criminalize all of them. I personally think that Kiwi Farms crossed even a legal line (or at least what should be a legal line), but if people want to argue with me about that, fine. My position is not that Cloudflare should have dropped Kiwi Farms because it was illegal, they should have dropped it because it was suppressing their customers' speech with real-world threats and violence. The legality is kind of a separate discussion.
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Most of the posters on the site might do nothing illegal, but one or two did make actual threats that crossed the line into criminal conduct. Even if the posts were immediately deleted by moderators, people still took screenshots.
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Kiwifarms also serves a weird specific role. Many of the people people discussed there do propagate harmful things. Like normalizing cutting, starving, violence and much more.
There is no control instance for things like this. Normalizing harmful things ok YouTube in front of children is not cool, we all know YouTube barely cares either.
For a concrete example look into Chris Chan and how Kiwifarms was literally the only instance out there protecting Chris from way more evil groups.
My point is even if Kiwifarms is a hateful environment, I think they serve a purpose in our society.
Where are these so-called threats of physical harm and real-world harassment? People keep saying this but never even attempt to back it up with anything more than the allegation.
Right and the only ones that should be able to ruthlessly defame anyone is the New York Times, MSNBC and Fox News.
The ramifications of this are dire. This is about a power grab of total control of what we say online.
We already saw the abuse of what a small cabal of insiders can determine is real: they determined that the Hunter Biden laptop was fake when in reality that was a political position that was wrong.
The "lets protect the trans" is just a trojan horse to take down disfavorable political speech everywhere.
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Is bullshit.. That's why it's a paradox. Intolerance of "intolerance" is intolerance!
And as a matter of logic, the first person who argues that someone just shouldn't have a right to speak, is the very FIRST person who should lose the right to speak in such a case. As the are LITERALLY the threat to freedom that they claim to worry about.
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> doxing
Doxxing isn't illegal.
> harassing people with threats of violence
How do you know that A: the person whose name I won't say isn't lying, because that person's a professional victim. And B: if that person isn't lying, that those threats came from Kiwi Farms users.
The hate and doxxing is generally from the trans activists to the women who are resisting losing their sex-segregated spaces. Women are being called TERFs and beaten at women's events and pride parades for female activism. Calling lesbianism female, etc.
The problem with censorship is that as soon as it happens there's nothing to argue against the lies with. Now that KF is gone people come out of the woodwork who would have maintained some control if it still existed and had their receipts.
the modern western liberal view is to protect all basic freedoms (of speech;of privacy; of representation; of free trade; of presumption of innocence) as long as they belong to the 'correct people'; as for the ideological enemies no right is needed and no tactic used to curtail those same rights is deemed too low or too hypocritical
Free speech isn't speech without consequences. All that the first amendment protects is government making laws restricting free speech, but if you're a customer and you're doing shit that I don't agree with, I have every right to boot you from my platform. I don't have to stand idly by and not take action.
The 1st Amendment and Freedom of Speech aren't the same thing. Freedom of Speech is a philosophical concept and is, in fact, "freedom from consequences."
There is consequences to everything. It’s the philosophical right to talk. Not the right to an audience or the right that people won’t be mad at you for disagreeing.
If I call your fiance ugly you may not invite me to your wedding even though I have freedom of speech. If I tell the waiter they’re ugly, they may not serve me food even though I have the freedom of speech. Everything has consequences.
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Freedom of speech has never meant freedom from consequences. Obviously speech can have all sorts of different consequences (both positive and negative) at all kinds of layers of society.
By that definition Freedom of Speech is a ridiculous idea.
Are you saying I should be able to spend my entire day advocating for your rights to be removed, insulting you or whatever else and you still need to treat me like any other person and can't get annoyed at me?
Or the opposite, if someone treats me really well I can't be friends with them because that would be a positive consequence of their speech?
We all need to act like emotionless machines that completely ignore all speech so that free speech can exist?
but "giving the individual the choice to listen to whatever influence they wish" means that when somebody uses the threat of physical violence to silence one of those influences, anybody who stands up for free speech must push back against that. everybody deserves to have their say, except those who would seek to silence others.
defending the silencers is incompatible with free speech.
Free speech is not completely unfettered. Under Brandenburg v. Ohio, speech that incites imminent lawless action - and that would likely cause such action - can be punished under the law.
In all likelihood this appears to be what is happening with kiwi farms. Of course, the issue is that Cloudflare can’t undertake legal enforcement, but they have a terms of use and so contractually are duly within their rights to end service to kiwifarms.
Don't forget the ending: Brandenburg's incitements to non-imminent violence were upheld as legal. And the person recording/distributing the incitements (the cincinnati reporters [ i.e. Kiwifarms in this case]) was not charged at all.
It sounds like Kiwifarms is inciting imminent violence that will likely occur.
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Free speech doesn't mean not being held reponsible for what is said.
This ideological purism doesn't grapple with real world corner cases where one person's freedoms infringe on another person's freedoms.
But it doesn’t extend to advocating for violence. We can rightly enact limits on inciting violence.
> Free speech is about giving people the freedom to say things I find disgusting.
Yes, but it is not only that. It is also being part of an relgious, cultural or otherwise marginalized group and not having to fear for your life because you have been a little too vocal.
The truth is that freedom of speech (like most other freedoms) must comstantly be balanced between the different actors. E.g. in 1930s Germany the members of the nationalist socialist party of Germany have been quite free to utter their disgusting voices while as a jewish citizen you would have had a hard time if you did so. And the reason for this was that the speech of the Nazis ended up being more than just opinions, but threats. And those threats turned into violence and genocide.
Today, we are again at a point where speech turns into threats turns into violence. Karl Popper's paradoxon of intolerance and all that. Any free society has to be intolerant towards the intolerant, otherwise you cease to be a free society at one point or another. Because the intolarent will not fight for free speech once they are in power, they will abolish it for everybody but themselves. The actual Nazis back then were quite happy painting themselves as victims only to later remove the very rights they claimed.
Once people get beaten, lynched and killed by fascist mobs and loose their rights to bodily autonomy discussing freedom of speech seems naive. People who have to fear violence and incarceration cannot speak freely. And if you look at the statistics for right wing violence the point I raise here is anything but academic.
Update, as I read more on the topic: In the case of KiwiFarms this is not even close to being about free speech. On that platform coordinated attacks on specific people have been planned, driving a few into suicide.
To all those downvoting: How would you think if the target of these attack was your mother, sister, daughter? Should there be a legal way to make them stop? Or should it just be legal to coordinate harassing and threaten people whose appearance, opinion, political opinion, sexual preferences, etc you don't like?
And before someone comes with the slippery slope argument: I live in Germany, we have certain Nazi symbols banned for decades here and it hasn't harmed the discourse one bit. You just can't walk around and go like "Heil Hitler" in public without having to fear some sort of retaliation. You can still talk about Nazis, you can learn about them, you can still be a Nazi. But if there was a slippery slope, why didn't it slip – for decades?
Btw.: Most Europeans would regard the censorship of female nipples, swear words and anything remotely sexual like it is so commonplace in the US as an impediment on free speech. But if it is ingrained in the prude traditionalism, it is suddenly okay censorship, right?
Downvotes, but no arguments? What has this site become? I might be getting something wrong here, so please explain it to me, instead of just downvoting.