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	Comments on: Government oversight of social media moderation would infringe First Amendment liberties	</title>
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	<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: MF		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350246</link>

		<dc:creator><![CDATA[MF]]></dc:creator>
		<pubDate>Wed, 03 Oct 2018 23:45:42 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350246</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350225&quot;&gt;cecil&lt;/a&gt;.

Net Neutrality is not at all what it claims.  It is a grab by the huge bandwidth users (e.g. Google, Facebook, Amazon), where they don&#039;t want to pay more because they use more, they want the same rate as the low users.  Ultimately that means you and I pay more.

Lots of other arguments against Net Neutrality.  Seton Motley at RedState.com has quite a few excellent articles about it.  Here are a few I found:

&lt;a href=&quot;https://www.redstate.com/setonmotley/2018/08/13/pro-net-neutrality-big-tech-conservatives-anti-neutrality-can-get/&quot; title=&quot;Pro-Net Neutrality Big Tech – Is With Conservatives As Anti-Neutrality As You Can Get&quot; rel=&quot;nofollow&quot;&gt;

&lt;a href=&quot;https://www.redstate.com/setonmotley/2018/08/27/california-fires-demonstrate-dumbness-net-neutrality-not-need/&quot; title=&quot;California Fires Demonstrate The Dumbness Of Net Neutrality – Not The Need For It&quot; rel=&quot;nofollow&quot;&gt;

&lt;a href=&quot;https://www.redstate.com/setonmotley/2018/09/10/big-tech-censorship-demonstrates-left%E2%80%99s-titanic-net-neutrality-hypocrisy/&quot; title=&quot;Big Tech Censorship Demonstrates Left’s Titanic Net Neutrality Hypocrisy&quot; rel=&quot;nofollow&quot;&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350225">cecil</a>.</p>
<p>Net Neutrality is not at all what it claims.  It is a grab by the huge bandwidth users (e.g. Google, Facebook, Amazon), where they don&#8217;t want to pay more because they use more, they want the same rate as the low users.  Ultimately that means you and I pay more.</p>
<p>Lots of other arguments against Net Neutrality.  Seton Motley at RedState.com has quite a few excellent articles about it.  Here are a few I found:</p>
<p><a href="https://www.redstate.com/setonmotley/2018/08/13/pro-net-neutrality-big-tech-conservatives-anti-neutrality-can-get/" title="Pro-Net Neutrality Big Tech – Is With Conservatives As Anti-Neutrality As You Can Get" rel="nofollow"></p>
<p></a><a href="https://www.redstate.com/setonmotley/2018/08/27/california-fires-demonstrate-dumbness-net-neutrality-not-need/" title="California Fires Demonstrate The Dumbness Of Net Neutrality – Not The Need For It" rel="nofollow"></p>
<p></a><a href="https://www.redstate.com/setonmotley/2018/09/10/big-tech-censorship-demonstrates-left%E2%80%99s-titanic-net-neutrality-hypocrisy/" title="Big Tech Censorship Demonstrates Left’s Titanic Net Neutrality Hypocrisy" rel="nofollow"></a></p>
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		<title>
		By: cecil		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350225</link>

		<dc:creator><![CDATA[cecil]]></dc:creator>
		<pubDate>Mon, 01 Oct 2018 17:58:26 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350225</guid>

					<description><![CDATA[There was net neutrality under title 2...  But somehow the current FCC chairman thinks that ISP&#039;s aren&#039;t telecommunication services...  Moron.  Whether it&#039;s pots, DSL, ISDN, ethernet, token ring, ATM, or even DOCSIS, it&#039;s all forms of telecommunication.  That&#039;s layer 1 and 2 and sometimes 3...  Information services run at layer 4 and up...  Okay, so there are hybrids like VOIP but if you&#039;re making a phone call, then it&#039;s obvious...  :D
Just because my ISP offers me email, web space, and maybe antivirus packages as part of my service, it&#039;s not what I am there for.  I am there for the connection.  Once I have that, I can choose my email service provider, my web hosting company and even buy my own software from best buy or amazon...  In fact, I have not used my ISP provided email services in years.  So as far as I am concerned, you can impeach the chairman of the FCC and any of his cronies that supported him in the repeal.

In case the acronym flabbergasts you, POTS=plain old telephone service...  :D]]></description>
			<content:encoded><![CDATA[<p>There was net neutrality under title 2&#8230;  But somehow the current FCC chairman thinks that ISP&#8217;s aren&#8217;t telecommunication services&#8230;  Moron.  Whether it&#8217;s pots, DSL, ISDN, ethernet, token ring, ATM, or even DOCSIS, it&#8217;s all forms of telecommunication.  That&#8217;s layer 1 and 2 and sometimes 3&#8230;  Information services run at layer 4 and up&#8230;  Okay, so there are hybrids like VOIP but if you&#8217;re making a phone call, then it&#8217;s obvious&#8230;  😀<br />
Just because my ISP offers me email, web space, and maybe antivirus packages as part of my service, it&#8217;s not what I am there for.  I am there for the connection.  Once I have that, I can choose my email service provider, my web hosting company and even buy my own software from best buy or amazon&#8230;  In fact, I have not used my ISP provided email services in years.  So as far as I am concerned, you can impeach the chairman of the FCC and any of his cronies that supported him in the repeal.</p>
<p>In case the acronym flabbergasts you, POTS=plain old telephone service&#8230;  😀</p>
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		<title>
		By: Jason K.		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350187</link>

		<dc:creator><![CDATA[Jason K.]]></dc:creator>
		<pubDate>Sat, 29 Sep 2018 14:10:22 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350187</guid>

					<description><![CDATA[As the value of a social network is primarily determined by its size, social networks are monopolistic in nature.

If I was super cynical, I would say that this was a ploy by social media giants to undo section 230 and bring in government regulation. How? A large part of the rationale for 230 was that it was simply not practical to effectively police users. However, if the large networks start showing they can, that rationale goes away. 

Why? Because overturning 230 and bringing in regulations would cement these networks&#039; position at the top the hierarchy. this would give the current giants a nearly unassailable position. Additionally, every place that allows for user created content (every forum, every comments section, every public advertising site) would either have to have their own monitoring or outsource it, likely to one of these giants. That could literally give these giants the ability to define the entire internet (for North America at least) as far as user generated content goes.

How&#039;s that for an internet dystopia? Mark Zuckerberg and Jack Thompson stomping on your keyboard, forever.]]></description>
			<content:encoded><![CDATA[<p>As the value of a social network is primarily determined by its size, social networks are monopolistic in nature.</p>
<p>If I was super cynical, I would say that this was a ploy by social media giants to undo section 230 and bring in government regulation. How? A large part of the rationale for 230 was that it was simply not practical to effectively police users. However, if the large networks start showing they can, that rationale goes away. </p>
<p>Why? Because overturning 230 and bringing in regulations would cement these networks&#8217; position at the top the hierarchy. this would give the current giants a nearly unassailable position. Additionally, every place that allows for user created content (every forum, every comments section, every public advertising site) would either have to have their own monitoring or outsource it, likely to one of these giants. That could literally give these giants the ability to define the entire internet (for North America at least) as far as user generated content goes.</p>
<p>How&#8217;s that for an internet dystopia? Mark Zuckerberg and Jack Thompson stomping on your keyboard, forever.</p>
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		<title>
		By: jdgalt		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350174</link>

		<dc:creator><![CDATA[jdgalt]]></dc:creator>
		<pubDate>Sat, 29 Sep 2018 02:24:33 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350174</guid>

					<description><![CDATA[I agree with this article as far as it goes, but I would not want to see it extend to providers of low-level services such as the domain name service, which all web sites have to use to be accessible from the Internet.  If it did, then ICANN, which runs that service, would be able to make it impossible for those banned by the likes of Facebook to operate competing services that do allow their speech.

The Internet, along with television, phones, and all other media worldwide, are now pretty much completely controlled by six huge multinational companies, and they&#039;re all trying to merge and/or acquire all their remaining competitors, thus creating a grave danger of an absolute shutout of dissenters.  Even a libertarian ought to see the need for antitrust enforcement in this area; at a minimum there needs to be a moratorium on any further mergers like the recent Time Warner/AT&#038;T merger.]]></description>
			<content:encoded><![CDATA[<p>I agree with this article as far as it goes, but I would not want to see it extend to providers of low-level services such as the domain name service, which all web sites have to use to be accessible from the Internet.  If it did, then ICANN, which runs that service, would be able to make it impossible for those banned by the likes of Facebook to operate competing services that do allow their speech.</p>
<p>The Internet, along with television, phones, and all other media worldwide, are now pretty much completely controlled by six huge multinational companies, and they&#8217;re all trying to merge and/or acquire all their remaining competitors, thus creating a grave danger of an absolute shutout of dissenters.  Even a libertarian ought to see the need for antitrust enforcement in this area; at a minimum there needs to be a moratorium on any further mergers like the recent Time Warner/AT&amp;T merger.</p>
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		<title>
		By: En Passant		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350171</link>

		<dc:creator><![CDATA[En Passant]]></dc:creator>
		<pubDate>Sat, 29 Sep 2018 00:38:50 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350171</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350143&quot;&gt;Robert Drummer&lt;/a&gt;.

Your first six words provide the answer to your question: &quot;The FCC puts limits on licensees...&quot;.

FCC&#039;s power to license and regulate radio and TV broadcasters was granted by the Communications Act of 1934, which, granted broad non-content regulatory power over licensees&#039; broadcasting; and specifically granted the FCC only limited power to regulate broadcast content. Content regulation was granted only for &quot;indecency&quot;.

The FCC does not yet have regulatory power over the internet, even for non-content routing and bandwidth matters. Businesses using the internet are not licensees of the FCC.

Although federal &quot;net neutrality&quot; regulations do not currently exist, any proposed power for the FCC to license and regulate content would likely meet strong political opposition.

The obvious question for proponents of FCC content regulation of internet communications: Do you want government to tell you what ideas you can communicate on the internet, like the Ministry of Industry and Information Technology Propaganda Department of China?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350143">Robert Drummer</a>.</p>
<p>Your first six words provide the answer to your question: &#8220;The FCC puts limits on licensees&#8230;&#8221;.</p>
<p>FCC&#8217;s power to license and regulate radio and TV broadcasters was granted by the Communications Act of 1934, which, granted broad non-content regulatory power over licensees&#8217; broadcasting; and specifically granted the FCC only limited power to regulate broadcast content. Content regulation was granted only for &#8220;indecency&#8221;.</p>
<p>The FCC does not yet have regulatory power over the internet, even for non-content routing and bandwidth matters. Businesses using the internet are not licensees of the FCC.</p>
<p>Although federal &#8220;net neutrality&#8221; regulations do not currently exist, any proposed power for the FCC to license and regulate content would likely meet strong political opposition.</p>
<p>The obvious question for proponents of FCC content regulation of internet communications: Do you want government to tell you what ideas you can communicate on the internet, like the Ministry of Industry and Information Technology Propaganda Department of China?</p>
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		<title>
		By: John Fembup		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350149</link>

		<dc:creator><![CDATA[John Fembup]]></dc:creator>
		<pubDate>Fri, 28 Sep 2018 15:13:59 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350149</guid>

					<description><![CDATA[&quot;[J]ust after Twitter and Facebook appeared before Congress&quot;

Ohhhhh . . .   I thought you meant Ford and Kavanaugh.


https://www.youtube.com/watch?v=VrbybKWwb7c]]></description>
			<content:encoded><![CDATA[<p>&#8220;[J]ust after Twitter and Facebook appeared before Congress&#8221;</p>
<p>Ohhhhh . . .   I thought you meant Ford and Kavanaugh.</p>
<p><iframe class="youtube-player" width="980" height="552" src="https://www.youtube.com/embed/VrbybKWwb7c?version=3&#038;rel=1&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;fs=1&#038;hl=en-US&#038;autohide=2&#038;wmode=transparent" allowfullscreen="true" style="border:0;" sandbox="allow-scripts allow-same-origin allow-popups allow-presentation"></iframe></p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350146</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Fri, 28 Sep 2018 13:27:11 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350146</guid>

					<description><![CDATA[I wouldn&#039;t be so sure about a First Amendment violation.  Consumer (even though services are gratis) protection is a valid government aim, and if Google is skewing search results, government likely has some tools in the toolbox (e.g., disclosure).  There are also campaign finance implications as well.  

I agree that government regulation of these sorts of things raise numerous issues.  But it&#039;s also not inappropriate for the government to examine these practices.  

Commercial speech also has less protection.  

It will be interesting to see how this all shakes out.]]></description>
			<content:encoded><![CDATA[<p>I wouldn&#8217;t be so sure about a First Amendment violation.  Consumer (even though services are gratis) protection is a valid government aim, and if Google is skewing search results, government likely has some tools in the toolbox (e.g., disclosure).  There are also campaign finance implications as well.  </p>
<p>I agree that government regulation of these sorts of things raise numerous issues.  But it&#8217;s also not inappropriate for the government to examine these practices.  </p>
<p>Commercial speech also has less protection.  </p>
<p>It will be interesting to see how this all shakes out.</p>
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		<title>
		By: Robert Drummer		</title>
		<link>https://www.overlawyered.com/2018/09/social-media-moderation-first-amendment/comment-page-1/#comment-350143</link>

		<dc:creator><![CDATA[Robert Drummer]]></dc:creator>
		<pubDate>Fri, 28 Sep 2018 11:29:14 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72665#comment-350143</guid>

					<description><![CDATA[The FCC puts limits on licensees so what would prevent similar restrictions on businesses found to be monopoly/duopoly when using regulated internet?]]></description>
			<content:encoded><![CDATA[<p>The FCC puts limits on licensees so what would prevent similar restrictions on businesses found to be monopoly/duopoly when using regulated internet?</p>
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