Tech Law Policy Blog Tracking the Most Important Research and Developments in Tech Law & Policy

Friday Links: China and Tech Giants

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European Council President Daniel Tusk compares US tech giants to China. They’re both big and powerful. The tech giants are private corporations doing the things private corporations do. China is a large, powerful, autocratic regime doing the things you might expect out of a large, powerful, autocratic regime. What’s the point again?

You may have heard that Facebook banned Louis Farrakhan, Alex Jones, and Milo what’s his name. Steward Baker of Volokh Conspiracy suggests the ban might not be as universal as Facebook claims.

Civil Liability for Cyberbullying, by Ronen Perry. According to the abstract, “the model holds a virtual supervisor liable if the victim has insufficient information to identify the wrongdoer, the victim gave notice of the complaint, and the virtual supervisor did not properly respond.”

If you really want to get rid of cyberbullying, completely eliminate Section 230 immunity for user-generated content created by persons under the age of 18. It’d be gone from every major platform in three months.

Many Section 230 scholars would hate that idea. High on the list of people who would think that would be a terrible idea: Eric Goldman. Here’s his summary of the recent case law further buttressing the 9th-circuit Section 230 carve outs for Airbnb and Homeaway.

More on the subject of content moderation: The excellent Daphne Keller of CiS has three new great blog posts about Section 230, content moderation, the 1st Amendment, and related issues.

Last week I wrote about Sunstein’s recent paper called Sludge and Ordeals. This week he came out with another paper about Sludge Audits, wherein he wrote about privacy policies. Made me feel special to anticipate an insight in a paper by Sunstein!

Google fights back by Ben Thompson. Google doing its best to demonstrate some of the unequivocally positive things that come out of its technology. Thompson astutely points out that technology is an amoral force, rather than a force for good or for evil. But, perhaps, with so many people obsessing over the harms associated with technology, a little corporate propaganda pointing out that there’s a reason people like this stuff is warranted.

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