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