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Comment by slg

5 days ago

Specifically, I believe Section 230 protections shouldn't apply to algorithmicly promoted content. TikTok hosting my video isn't inherently an endorsement of what I'm saying, but proactively pushing that video to people is functionally equivalent even if you want to quible over dictionary definitions. These algorithms take these platforms from dumb content-agnostic pipes that deserve protections to editorial enterprises that should bear responsibility for what they promote.

There is a decent legal argument to be made that §230 doesn't immunize platforms for the speech of their algorithm, to the extent that said speech is different from the speech of the underlying content. (A simple, if absurd, example of this would be if I ran a web forum and then created a highlight page of all of the defamatory comments people posted, then I'm probably liable for defamation.)

The problem of course is that it's difficult to disentangle the speech of algorithmic moderation from the speech of the content being moderated. And the minor issue that the vast majority of things people complain about is just plain First Amendment-protected speech, so it's not like the §230 protections actually matter as the content isn't illegal in the first place.

I don't think we even need to go that far. Just remove protection for paid advertisements. It's absurd that Meta cannot be held liable for the ads they promote when a newspaper can be held liable if they were to publish the same ad.

  • But isn't this difficult when the tech bosses are in cahoots with the country bosses? And honestly even if the leadership changes, I somehow have a feeling the techs will naturally switch boats as well - might be a reason why the opposition doesn't paint them that much nowadays, to make sure they switch along.

    • They were all staunch Democrats with pro-censor stances until 14 months ago, and for a long long time.

How would you square that with a site like Hacker News, which has algorithms for showing user-submitted links and user-generated comments?

  • Listing content alphabetically or chronologically is technically an "algorithm" too. What I'm specifically challenging here is the personalized algorithm designed to keep individual users on the platform based off a user profile influenced by countless active and passive choices the user has made over time. The type of HN algorithm that serves the same content to every user based off global behavior is fine in my book because it is both less exploitative of the user base and a reflection of that user base's proactive decisions in upvoting/downvoting content.

    • So if HN added anything personalized, like allowing you to show fewer stories on topics you dislike, it would lose protection? I can't get on board with that.

      I also think it would be extremely unpopular. People like their recommendation engines. They want Netflix to show them more similar shows. They want Reddit to help them find more similar subreddits. I know there are HN users who don't want any of these recommendation engines, but on the whole people actually want them.

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    • But algorithmic feeds can actually be useful for discovery of related material - I want Youtube to show me more Japanese jazz and video essays about true crime based on my watch history, I wanted Twitter to show me more accounts from writers and game developers because I follow them (before the platform went full Nazi) and I like that Facebook shows me people and information from my local area. Forcing all platforms to use only alphabetical or chronological feeds because of the exploitative way some platforms use algorithms seems awfully close to the "banning math" argument people used to use about cryptography and DRM, and it would remove a lot of legitimate use from the internet.

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Really nice to see someone else bringing this up. Algorithmic editorial decisions are still editorial decisions. I think ultimately search and other forms of selective content surfacing should not have ever been exempt. They were never carriers. I appreciate that this would make the web as we know it unusable. I think failing to tackle this problem has will also make the web unusable, and in a worse way.

  • > I think ultimately search and other forms of selective content surfacing should not have ever been exempt. They were never carriers. I appreciate that this would make the web as we know it unusable

    I can’t be the only one confused at these calls to have the government destroy things like searching the web, am I?

    How is this a real idea being proposed on Hacker News, of all places? Not that long ago it was all about freedom on the Internet and getting angry when the government interfered with our right to speech online, and now there are calls to do drastic measures like make search engines legally untenable to run in the United States?

    It’s also confusing that nobody calling for banning things or making the web unusable appears to be making the connection that the internet is global. If we passed laws that forced Google and Bing to shut down because they’re liable for results they index, what do you think the population will do? Shrug their shoulders and give up on the internet? Or go use a search engine from another country?

    • > How is this a real idea being proposed on Hacker News, of all places? Not that long ago it was all about freedom on the Internet and getting angry when the government interfered with our right to speech online

      I can be upset about the government trying to make the world worse, and about other huge balls of power who have been making the world shitty in an ongoing fashion. Freedom of speech doesn't mean shit if a handful of people can buy up or otherwise absorb control of 90% of media and choose who gets heard. The call for regulation is an acknowledgment that the market fucked this one up. When the government threatens speech, I'll call for civil disobedience and proactive protections. When oligarchs threaten speech I'll call for regulation and punishment.

      > It’s also confusing that nobody calling for banning things or making the web unusable appears to be making the connection that the internet is global. If we passed laws that forced Google and Bing to shut down because they’re liable for results they index, what do you think the population will do?

      You assume that the only way to get a good, free search engine is to give control of it to some private entity. That if we don't do it in the US, people with turn to someplace else. I think you may be lacking in imagination. At a minimum, the possibility exists for nonprofit organizations to run quality search engines, but it's also possible to decouple the indexing business from the ranking provider. Google could run an index and charge for access, and ranking providers could build on top of that and recoup costs with non-tracking ads, donations, sales, whatever business model they please. Just because an unregulated market doesn't come up with a good solution doesn't mean a market under different constraints won't find a better way. And if nothing works out you always have the option of grants or a public digital infrastructure approach. There are so many things to try beyond shrugging and declaring that the market has ordained five dudes arbiters of the internet as experienced by most people.

    • > I can’t be the only one confused at these calls to have the government destroy things like searching the web, am I?

      if you find this distressing then i imagine you find it equally as distressing as a couple of corporations destroy something.

      the reason the word *enshittification” has become so ubiquitous is because corporations are actively destroying the internet and desperately trying to convince us the internet is separate from “the real world”.

      sometimes stopping a person from burning the house down is necessary. no matter how loudly they cry about their freedom to have a bonfire in the living room.

  • What we need is quite simply a very good protocol for distributed search. It takes some storage, some bandwidth and some cpu cycles. Have people contribute those and earn queries and indexing. Make it very good but simple enough for a half decent programmer to make a lvl 1 node that can only announce it exists. Trackers, supper nodes, ban lists, ranking algo's etc etc Write server code in all the languages, have phone and desktop clients. There can be subscription based clients too so that the cpu, storage, bandwidth can be done for you by a company.

    This description is intentionally vague.

This seems the same as news organisations choosing which news to report on, but driven by user behaviour rather than the org's employees themselves.