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by otterley
1754 days ago
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Interesting. To me, Facebook and other social media sites are most definitely not the Internet and don't really prevent anyone from being able to conduct free speech, since you can always go outside these places. (This very conversation is happening outside them!) Facebook is a for-profit business and we've seen these come and go over the years. Yahoo was ubiquitous once; now it's in some hedge fund's portfolio. There will always be a place for people to express themselves, but it may not always be as convenient as some would like. But the Constitution does not require convenience or free amplification services. |
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This is the entire rub, though. Exactly how convenient it is should be a matter of primal importance to the root relationships between citizen, state, and countrymen that the founders found and advocated for. Beyond the momentary mire of the current legal/political order, one feels that all citizens should have some instinctual understanding and positive desire for the sort of healthy, dynamic, and free social order that we're all ostensibly (or increasingly just nominally) in support of as Americans. Whether this dynamic comes under repression from this type of entity or another is a flatly ridiculous non-sequitur (I'm positive that the founders had the same level of love for the East India Company as they did for the British crown)
Complicating this, the surrounding legal framework and precedents around computing technology is near-universally acknowledged to be in a state of completely hopeless shambles; every critical chunk of the system was designed and implemented in the 20th century, with the assumptions of 20th century media tech casted squarely into them. Exceedingly few TOS and EULA precedents have progressed an inch since the era of 1980s shrinkware tech. The "Congressional inquiry of big tech leaders" parade we continue to put on is a gigantic joke and a gross historical embarrassment. the DMCA and the CFAA routinely horrifies any sensible person that examines them for a couple of minutes.
So two things; while the current legal system collectively catches up to modern tech basics like "how to use an AOL modem", we should be direly concerned that a large portion of the country seems to have abandoned any personal sense of (first creeping, now a torrent) of the predictable horrors incurred under a tyrannical regimes that expressly suppress YOUR (God-given!) constitutional rights.
The second thing, of course, is that all this stuff eventually needs to get resolved in the tangible court of legal opinion. I have no doubt that Mr Torba's constitution claim will fail under our current legal system, and I generally accept the rebuke that the 'digital native' class haven't done enough of the aforementioned positive work themselves to outline how these new usages of these new technologies should harmonize with the constraints and institutional knowledge of the existing legal/political system, which has accumulated a ton of valid merit over its mostly-contiguous 250-year-long history.
At some point there's going to have to be a big palaver regarding one's fundamental right to own, operate, and make sovereign decisions (as a citizen subject to the constitution) about some part of their computing stack. Probably won't get resolved today, but I think Mr. Torba's response seems like a healthy statement to rally around.