If you want to overthrow Big Tech, you’ll need Section 230. The paradigm shift being built with the Open Social Web can put communities back in control of social media infrastructure, and finally end our dependency on enshitified corporate giants. But while these incumbents can overcome...
I’m usually a big fan of the EFF, but it’s wrong on this one. If you decentralize to the limit – i.e., such that each user is running their own instance for themselves – it becomes okay for the service to become liable for the user’s speech because the user and the service owner are one in the same. In reality, (extremely) federated social media is the only kind that can survive without Section 230 and thus repealing it entirely would be a win for the Fediverse.
(You could argue “but users won’t go to the trouble of running their own instance,” but to that I’d say “they will if the law doesn’t give them any other choice, short of not participating at all.”)
The key detail about federated social media is that even self-hosters are still providing content from others. That’s how federation works without* requiring a direct connection from every instance to every other instance. My instance can connect to yours to get your content, but also the content from all other instances that you federate with. And vice-versa.
So, I understand the EFF’s argument that, without section 230, I would only federate with extremely small groups that I trust with my full financial life. That would devastaie the open social web.
*Thanks for the good-faith typo correction!
So what? That’s like saying ISPs should require Section 230 to avoid liability because they route packets. We’re talking about legality: it’s stuff like intent and responsibility that matters, not the technical details. Each instance owner still gets to decide which other instances they want to federate with; some ‘middle hop’ in that connection is irrelevant.
The fundamental issue that Section 230 is designed to address is the separation between the users posting the content and the platform owners who control who sees it, and the moral hazard that creates. If you eliminate the separation, there’s nowhere left for the moral hazard to exist.
My point, and my understanding of the EFF article, is that we do need a law that establishes just who can be held responsible, and how so. But maybe you’re imagining a world where that question is moot—in a world where there’s no separation of users and providers*. That would be a world where no one gets rich from internet infrastructure, and I would enjoy that very much.
*Another typo?! Oof.
Yes, that’s exactly what I’m imagining. (Any tips on how I could’ve made that clearer from my first comment?)
Awesome! No, I don’t think your first comment needs to be different. You explicitly mention taking an extreme limit in the second sentence. I only realized after our first back-and-forth that I was implicitly thinking of a more near/medium-term situation. Like, how do we get from here, now, to the longer-term world we could hope for.
So, that’s how I read the EFF article. But it’s of course OK, and (dare I say!?) possibly even good, that we talk about different views on this stuff! So, thanks :)