Comment by mlyle
4 years ago
> 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.
I heavily agree with you that centralization on a single layer is problematic for free speech.
I suspect where I differ from the CEOs of companies like Cloudflare/Facebook, is that I think the solution to that isn't to get rid of moderation, but rather to enforce antitrust and break up their companies. :)
Facebook in particular has this problem; it's constantly asking the government to tell it what to do because it doesn't want to be in charge of speech, and yet it has no problem buying competitors and trying to take over markets. It makes me wonder how concerned about speech these companies actually are, since they had no problem growing their companies to this size and putting themselves into situations where their moderation decisions carry so much weight.
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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.
If what you say is true, Cloudflare's security service would be freely made available to email spammers.
Is that the case?
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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.
Whoops you started your own, now I see all the methods of payment you use have been shut off by their various vendors. Oh you used crypto? Hope you know every single address that has interacted with a sanctioned address and never accidently accept payment from them...
Have you ever considered that if nobody wants to touch your content - nobody wants to even consider allowing it over their network - then it might actually be your content that is the problem?
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