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nobody9999today at 1:19 AM1 replyview on HN

>The point is that the moral hazard created by sec 230 is precisely what has allowed the centralized social media industry to grow to the point it has.

That's exactly the opposite of what Section 230 has done.

Section 230 doesn't stop anyone from suing folks who defame or otherwise break the law. Rather, it specifies that those who say such things are the proper target, not the platforms that host such third-party speech.

And that's the important point. Section 230 covers third-party speech. Because litigation is expensive. As such, it mostly protects the little guy who doesn't have the resources to fight tens, hundreds or thousands of lawsuits because some folks don't like the restaurant/movie reviews or opinions about the quality of book plots or political speech or the Epstein Files or a myriad of other things that folks don't like and wish people would shut up about.

Nothing stops an aggrieved part from suing an individual for the things that individual says. But Section 230 says you can't sue the platform (say the website, Matrix or XMPP server you personally host) for the speech of a third-party who uses that platform.

In the absence of Section 230, huge, deep-pocketed companies like Facebook, Google, Twitter, et. al can pay for legions of lawyers to fight such lawsuits.

Do you have such deep pockets? Not all Internet content exists on those huge, deep-pocketed platforms. Many useful and interesting sites hosted by individuals or small businesses exist, but would be put out of business in a week if Section 230 didn't exist.

Getting rid of Section 230 would only cement the huge platforms' dominance and make them more unaccountable and powerful. Is that your goal? Not saying it is, but it's important to think through the impact of Section 230 beyond the (false and misleading) pronouncements of those who want to control you, your speech and the means of disseminating that speech.


Replies

mindslighttoday at 4:04 AM

I understand the mechanism.

I agree that removing section 230 today would have an even more centralizing effect. We've already got huge tech companies that would happily shoulder such liability, and lots of small sites that would find themselves in an uncomfortable position.

My point was that if we never had section 230 to begin with, then we would have kept the strong incentive against setting up sites revolving around centralizing speech in the first place. There would have been more emphasis on protocols, and keeping communication under the control of the person speaking.

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