20210526 Publisher and Platform - The Daily Summation

Yes, the distinction between publisher and platform is an important one.

Why? Because I'm pretty sure the intent of Section 230 is to protect PLATFORMS from liability.

I'm not sure EVEN THAT is a reasonable thing, but when someone who's supposedly a platform BEHAVES LIKE a PUBLISHER, I question whether Section 230 applies to them.

If it happens that it DOES, that's a MAJOR problem in my mind.

Should a platform be allowed to kick folks off their service? In my view, only if that person or group specifically (and generally consistently, and grievously) violates their terms of service.

It's important to make two distinctions as well.

1. If the terms of service DIDN'T EXIST PRIOR TO THE VIOLATION, NO violation occurred. The and subsequent times would be different, of course.
2. Such terms of service should be CLEARLY DEFINED. If they're not, there's a temptation to use the existing vagueness, to call balls and strikes, where such CANNOT BE PERCEIVED AS OBVIOUS.

All of this aside, even when a platform is given the "right to remove" those it considers odious, that DOESN'T MEAN it can do so, and still be subject to Section 230.

This is the two cents I throw into the debate in the edition of The Daily Summation from Kurt's Religion and Politics. Check out the video for more.

When I'm able to complete the companion article on the Kurt's Religion and Politics blog, I'll post a link to it here.

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