Comment by danShumway
4 years ago
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.
> Endless reminder that having multiple layers of moderation protects free speech, it doesn't restrict it.
Perhaps. I'm skeptical of concentrations of power wherever it is: government, Cloudflare, Facebook, etc. At least the former is theoretically accountable for choices.
Also, Cloudflare asserts their position is that they largely do not want to restrict speech beyond that government baseline and they won't act themselves against speech. Here they claim they are forced to (and they probably were).
> I'm skeptical of concentrations of power wherever it is: government, Cloudflare, Facebook, etc.
Not to hammer the point to hard, but de-concentrating power is the exact reason why it is better to have moderation decisions across multiple layers of the network stack rather than in level 0 (the government).
Forum messes up on moderation? Not a big deal.
Web host starts making bad decisions? Tons of options.
Clouldflare banning you? Tougher, but there are multiple CDN services, if Cloudflare becomes evil it's not necessarily the end of the world.
ISP banning you? Now we start getting pretty dangerous, there are fewer options available to services and if moderation decisions are made poorly, that can have effects across the entire network for everyone.
The government prosecuting you? This is level 0 of the network stack.
The way that we guard against concentration of power is by de-concentrating it. Cloudflare (and to be fair, other large Internet companies too) are arguing for the opposite of that. In the specific case of Kiwi Farms, maybe this example is so egregious that it does make sense to have some new laws. I kind of agree with that. But no good law will be enough on its own to get rid of Cloudflare's responsibility, the only law responsive enough and fast enough to do that would be one that violated free speech rights.
> Not to hammer the point to hard, but de-concentrating power is the exact reason why it is better to have moderation decisions across multiple layers of the network stack rather than in level 0 (the government).
I'm not disagreeing with your entire argument, just that portion.
Multiple layers of moderation are only safer for free speech to the extent that none of them have too central of a role and there's some degree of visibility as to what is happening.
One of the things that has made social media so toxic to speech is that it has A) gathered so much of the "share" of being a conduit of speech at scale, and B) creates a false feeling of consensus by creating playing fields that are tilted in various ways without the tampering being obvious.
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> Also, Cloudflare asserts their position is that they largely do not want to restrict speech beyond that government baseline and they won't act themselves against speech. Here they claim they are forced to (and they probably were).
CloudFlare acts against speech all the time. They'll sell you a service to screen the speech of others and then pass it onto you or not, at their decision.
CloudFlare's own terms of use for their Email Forwarding product is very clear that they will squelch your speech as well, in many conditions that don't come anywhere approaching "organizing an international manhunt to intimidate a minority": https://www.cloudflare.com/supplemental-terms/#email-routing
They should stop talking about this like it's "pure speech" because it's not that at all, and even to the extent that it is, they already limit actual "pure speech" in many other scenarios not nearly as threatening as this.
OK, you're willfully missing the point because we're talking about the position relating to Cloudflare's security services, not hosting or other products that have have a more restrictive TOS.
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“They'll sell you a service to screen the speech of others and then pass it onto you or not, at their decision.”
The problem with your logic here is that you’re considering the voluntary filtering of messages by a party as being the same as stifling someone’s ability to say something. The filtered party can still say what they want but the intended recipient should always have the ability to ignore that if they so choose.
“CloudFlare's own terms of use for their Email Forwarding product is very clear that they will squelch your speech as well”
The difference between controlling what gets sent out by their email service is more a question of legal liability than free speech. They are not limiting anyone’s ability to give free speech within the confines of the law here.
To make a stronger argument maybe you need to create a stronger definition of free speech than what is defined by law to prove any violations on CF’s part.
In the case of KF, CF has only suspended them on what they could identify as undealt-with legal violations. This is fundamentally different from revoking services to silence unsavory takes.
I also imagine the doxxed information on the platform (KF) is removed after a time so attacking the whole platform at this point just seems like an effort to stifle a community with subjectively unpleasant ideologies.
If you don't like what Cloudflare or Facebook are doing, feel free to start your own alternative.
"Go start your own" is not a great response to someone being concerned about corrosive effects of the concentration of market power -- especially when those concentrations are brokering critical speech and political discourse.
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>Endless reminder that having multiple layers of moderation protects free speech, it doesn't restrict it.
My issue is that the Kiwi post in question - which (to my reading) was a very VERY stupid bomb “joke” obliquely referencing the Belfast Troubles - appears to have been quickly moderated and the user banned. Which is, I thought, how this was all supposed to work.
The screenshot going around Twitter of the idiotic post was tweeted out within literal minutes of said post being made. I have no idea how long it took the KF moderators to delete the post and ban the user but, from a perusal of the following pages in that thread, it doesn’t seem like it was up very long.
So is moderation an issue? It doesn’t seem to be. Perhaps that post was the final straw, but CloudFlare is framing their action as having to step in and “moderate” specifically because of THAT post - and yet the post in question had already been (correctly) nuked from orbit by the KF mods.
Edit: here’s where I do the obligatory “I didn’t vote for Trump, however” mea culpa: I do not have a KiwiFarms account and honestly I find it to be fairly distasteful in a 2004 FYAD sort of way.
One thing I don't understand: if Kiwifarms is subject to very big, very expensive DDoS attacks - and I've seen no one denying that it is, that's the whole thing Cloudflare is needed for, after all - why would we even think an illegal threat on Kiwifarms originated with a regular Kiwifarms user? It seems a lot cheaper to make an account and post the illegal comment than to run a DDoS operation.
No Kiwifarms account here either, but I have read it and I do appreciate that some of the people wanting them shut down are... not very nice people themselves.
You might be right. Posted by a KF user regarding the threat:
"It's a 2020 account that wasn't active till a month ago with 1 post in the CWC forum and the other 42 in the keffals thread. The post was deletedly nearly instantly, yet within 10 minutes of it being posted Keffals had contacted CF, CF pulled the plug, and articles (which you can find in A&N right now) were being posted. Also it's notable that Keffals removed the quote/reply portion of the post which he accidently revealed before indicating he has an account here. This was so obviously coordinated, it glows more than nuclear blast."
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> You do not want the government to be the sole arbitrator of what content should be online.
No, we want the government to clandestinely meet every week with representatives of major internet companies and instruct them who to ban and what information to suppress, while pretending it's independent action of the same companies driven by their love of free speech. Or maybe we don't want that, but who cares - it's what we've got.
This is kind of exactly what I mean when I say that people haven't really though this through.
You intend this to be a gotcha, but yes, unironically getting pressured by a political representative has fewer free speech implications than the government openly threatening to throw people in prison. It does have implications; it's not ideal. But are you really arguing that the government leaning on people is worse than it would be for them to just outright force people to censor content?
I've brought up SESTA/FOSTA a few times already, but they're kind of an ever-green example. The government has been pressuring companies to deplatform sex workers for ages, but SESTA/FOSTA were still a worse outcome. I don't want the government trying to do run-arounds to the First Amendment in the first place, but if you're drawing a comparison then the world where they were privately pressuring companies was less censorious than the world where they started openly threatening website operators with felonies.
> are you really arguing that the government leaning on people is worse than it would be for them to just outright force people to censor content?
No, I am not arguing that the government asking Zuckerberg for a regular friendly chat where it tells him who to ban and he complies is worse than the government shooting Zuckerberg in the head as a traitor and nationalizing Facebook. The latter would be worse. But both are very bad and should not happen in free democratic society where freedom of speech is valued.
> if you're drawing a comparison then the world where they were privately pressuring companies was less censorious than the world where they started openly threatening website operators with felonies.
It's the same world. If the operators would not comply "voluntarily", that exactly what would happen. But the censorship by it's nature does not like exposure, so the less overt means can be used, the better. If they can do it without loud clashes, just by everybody "consenting" to it "privately" - much better. If somebody dares to step out - the pressure would be increased, up to, ultimately, using the force of violence, if necessary. That has happened many times to journalists that dug in wrong places. So far none of the companies has been dangerous enough to employ such level of pressure - usually there's always somebody in the lower levels that can help with the problem, like CF, or Amazon, or Google - but we're just getting ramped up. We'll get to felonies eventually. Unless we manage to stop it somehow.
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> But are you really arguing that the government leaning on people is worse than it would be for them to just outright force people to censor content?
Not the poster, but-- I'm not so sure either way. Both are pretty bad. The government convincing private parties to do their bidding while acting like it's just the private sector making choices blinds us all to what's happened, and gives the illusion that the decision to squash the speech is a popular, voluntary one by individual actors.
So, the government forcing it is directly more harmful but at least it is visible.
> The government has been pressuring companies to deplatform sex workers for ages, but SESTA/FOSTA were still a worse outcome. I don't want the government trying to do run-arounds to the First Amendment in the first place, but if you're drawing a comparison then the world where they were privately pressuring companies was less censorious than the world where they started openly threatening website operators with felonies.
Passing SESTA/FOSTA didn't require any "help" from free speech advocates. The government has had a longstanding policy to go overboard against prostitution and prostitution-adjacent material long before Section 230 or SESTA/FOSTA existed. Legislating run arounds against the First Amendment (e.g. Cosmtock Laws) and pressuring private industry (e.g. Hays Code), have been goto strategies since the country's founding, if not before. The solution has always been to fight it out in the courts (as in Ashcroft v. Free Speech Coalition) or find ways around the letter of the law (Backpage pre-2018).
Pushing the issue to government at least provides consistency, rather than leaving the issue to fairweather service providers and perfidious content policies.
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Well the courts view is that the government pressuring a private entity to censor is no different than the government censoring by itself.
And I would argue the lack of transparency and ability to hide the true driver of the censorship is far worse than if the government just comes out and does it themselves.
As far as I’m aware, the government has little to no power to force a company to suppress information.
If you think US federal government has "little to no power" over the company whose main business, headquarters and most of the workers are all located in the US - you really misunderstand just how vast US federal government powers are.
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Do we still call it “speech” if it’s a threat for physical violence? This seems even more clear when an established past of threats being actualized exists.
Edit-Maybe I’ll make this personal. I’ve been a victim of both verbal and physical bullying. At some point words cross a boundary from speech to violence. You could even see this with the audio simulations used to simulate schizophrenia. I’d say speech crosses the boundary into violence when it hurts another person and cannot be “muted” by the other. Ie doxxing someone-once it’s on the internet it’s out there for all time. Etc.
Ok but where were the threat for physical violence here and why did they need to take away protections against illegal attacks in order to stop it?
>Endless reminder that having multiple layers of moderation protects free speech, it doesn't restrict it.
Cloudfalre claims to be an infrastructure company. Now we're somehow discussing "multiple layers of moderation". This was fast. No limiting principles in sight either.
> Cloudfalre claims to be an infrastructure company.
Very obviously Cloudflare is operating at a higher level of infrastructure than ISPs or the government.
If they actually believe that they are infrastructure that people have a human right to access and that is so fundamental to the Internet that they should be treated as level 0 infrastructure, then they should consider dissolving the company and forming a public org instead.
Otherwise, yes, of course Cloudflare should have stricter standards. Even under Net Neutrality (which I support) ISPs have more moderation power than the government does. Banks arguably have far too much moderation power (I do think people should have a right to banking access), but I don't know anyone who would argue that banks should have no moderation powers at all, it would make it impossible for them to prevent fraud or abuse if that was the case.
Cloudflare obviously should not have as strict moderation as a web forum, but this isn't a binary choice. The limiting principle here is having multiple layers of infrastructure. It's choosing not to have a single company in charge of DDOS protection for 20% of the web.
“ You do not want the government to be the sole arbitrator of what content should be online”
That’s exactly what I think should be the case. The US government is supposed to reflect the will of the people and having a representative democracy is a way to achieve that decentralization. If the power structures that arise from this model threaten this process then the first goal should be fixing it rather than introducing a new process where a smaller ideological group gets to harass those within companies into acquiescing to their moral guidelines.