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Government The Military The Almighty Buck United States

Trump To Congress: Repeal Section 230 Or I'll Veto Military Funding (arstechnica.com) 511

An anonymous reader quotes a report from Ars Technica: President Donald Trump has long been an outspoken foe of big technology companies. And in recent months, he has focused his ire on Section 230, a provision of the 1996 Communications Decency Act that shields online platforms from liability for content posted by their users. In May, Trump called on the Federal Communications Commission to reinterpret the law -- though it's not clear the agency has the power to do that. Since then, he has tweeted about the issue incessantly. On Tuesday evening, Trump ratcheted up his campaign against Section 230. In a tweet, he called the law "a serious threat to our National Security & Election Integrity." He warned that "if the very dangerous & unfair Section 230 is not completely terminated as part of the National Defense Authorization Act (NDAA), I will be forced to unequivocally VETO the Bill."

The NDAA is a massive spending bill that Congress passes each year to authorize funding for the military. This year's version, now under active discussion on Capitol Hill, is expected to cost around $740 billion. The NDAA is seen as a "must pass" bill because no one wants to be blamed for holding up funding for the troops. So inserting language into it can be a way to pass proposals that might not stand on their own. But there's also a risk of a backlash -- especially if a measure is seen as unrelated to the military. This may be why Trump has started claiming that Section 230 is a "threat to our national security," since that would theoretically make it germane to a defense funding bill. Trump's campaign to repeal Section 230 appears to go beyond mere tweets. The White House is reportedly telling members of Congress the same thing in private that the president is telling his 88 million Twitter followers: that he will veto the NDAA if it doesn't repeal or at least overhaul Section 230.

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Trump To Congress: Repeal Section 230 Or I'll Veto Military Funding

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  • by dmay34 ( 6770232 ) on Wednesday December 02, 2020 @10:37PM (#60788276)

    Not that anyone has the balls to actually do any of this.

    It's a non story.

    • by technosaurus ( 1704630 ) on Thursday December 03, 2020 @03:26AM (#60788806)
      It is really a delaying tactic to keep the insurrection act available while the election is contested. Once it is passed, the President has to consult Congress first. Meanwhile people familiar with "Art of the Deal" just think section 230 is his "big ask" to get Congress to reform it.
      • by dmay34 ( 6770232 ) on Thursday December 03, 2020 @08:29AM (#60789380)

        If there is one single thing we should have all learned about Trump by now it's that he's not playing 10-dimentional chess. He's not a smart person and isn't capable of any form of strategy. Neither is anyone in his inner circle. He's just a dumb racists that appeals to dumb racists.

        He says this is about repealing 230 because some people said somethings about him that made him cry, I believe him.

      • by Rhipf ( 525263 ) on Thursday December 03, 2020 @12:28PM (#60790322)

        Meanwhile people familiar with "Art of the Deal" just think section 230 is his "big ask" to get Congress to reform it.

        Has Trump even read Art of the Deal?

        8^)

  • of The Most Effective Legal Propaganda I've Ever Seen [substack.com]

    The people in charge (moderates call it "The Establishment", we on the left call them the "Ruling Class", the right wing calls them the "Deep State", same people) are moving to take back control of the Internet. They don't like that we can speak freely on it.

    When S230 goes so goes the Internet. Without those protections companies will crack down, turning the Internet into cable TV. A few big players who get to decide what information you see and w
    • Re: (Score:3, Insightful)

      by bcwright ( 871193 )

      "You'll see massive, industry wide censorship."

      .... which is exactly where we're moving now.

      While Section 230 has made it possible for sites like YouTube and Facebook to exist without a barrage of litigation, those sites are simultaneously using it as a shield for their own censorship of views with which they disagree, which can sometimes be heavy-handed.

      What's probably needed is some kind of revision to that Section that requires that in order to retain the protections of Section 230, you also have to meet

      • by Immerman ( 2627577 ) on Wednesday December 02, 2020 @11:12PM (#60788366)

        Personally I would not mind seeing section 230 protections removed for sites that curate content, as opposed to just moderating it.

        If you decide what 3rd-party content shows up next in my feed - then you're publishing that content and should face legal responsibility for it the same as any other publisher. Make feeding baseless outrage, from either side, a money-losing proposition, instead of the easiest ways to being eyeballs to your advertising.

        However, I have no confidence any change to 230 would even aim for that effect - the powerful don't want to eliminate baseless outrage, they just want to be able to steer it better.

        • by DamnOregonian ( 963763 ) on Thursday December 03, 2020 @12:34AM (#60788538)
          One man's moderation is another man's censoriship.
          If you remove section 230, the result will be censorship of *everything*, as they will then be responsible for any and all content/opinions they allow on their site.
          Fair-play is a non-starter; as the government cannot enforce such a thing on private entities- it amounts to politically controlled speech.

          The statute as is, is correct.
          The complaint seems to be that the free market is too free.
        • I don't see any way to clearly define "curation" compared to "moderation" or how that relates to status as a "publisher". Any website that exists, is at some level deciding to publish that content. Websites don't spontaneously appear out of the quantum flux. They maintained by people, with some amount of care and deliberation, to one end or another. As soon as that first character comes in reply to the HTTP request, something has been published.

        • by notsouseful ( 6407080 ) on Thursday December 03, 2020 @03:06AM (#60788780)

          Personally I would not mind seeing section 230 protections removed for sites that curate content, as opposed to just moderating it.

          What's the legal difference between "just moderating" and "curating content"? By curating content, do you mean creating it and publishing as an organization (ie newspaper)? What's the legal difference between "just moderating" and "removing spam"? Antimalware and antivirus developers have been sued in courts over removal of malware and even suggesting that some software is malware, when it's backed by a company that has a lawyer in its pocket to do such things - and they have to pay at that point to protect themselves from nonsense suits. The exact same thing will happen to any website that is targeted by an asshole with lawyers, and that's one of the many things which S230 is meant to prevent. Effectively, moderation of content on the web will occur by the assholes with funds to generate baseless suits because by and large standard websites won't be able to afford fending them off, leaving only the large players like Twitter and Facebook around. Imagine these sites where every piece of content that goes on them has to be moderated. Your tweets and FB posts don't go through until someone pushes a key on a keyboard on some other part of the planet. I can't believe any other platform, ie Parler, can go along with this. It will be exactly like how businesses were allowed to survive or not by the local mafia goons in the early 20th century.

          In my opinion, these guys are against S230 because it's a shield that allows sites to establish moderation practices which keep them from effectively taking over such sites. Trump, for example, isn't allowed to say whatever he wants without any pushback on Twitter, and he's furious over it. It's not his platform, he doesn't make the rules, and he doesn't understand the concept of general welfare much less people who don't simply do what he says, so he starts with his standard mafia practices of "do what I say or I'm going to burn you down."

          • by Immerman ( 2627577 ) on Thursday December 03, 2020 @06:39AM (#60789144)

            Obviously I should have been much clearer.

            First, let's be clear about what 230 does (and it's very short and clear, I encourage everyone to read it for themselves). It does NOT enable censorship - it just means that you can engage in censorship without becoming liable for everything your *don't* censor. Unlike a newspaper that is legally liable for the contents of every letter to the editor they choose to publish. (yes, that's settled case law). That doesn't mean you have to be fair or uncensored - just look at how heavily biased and censored virtually the entire traditional media landscape is - just that you're liable for libel charges if you publish something *false*. Of course fact-checking every post on a public forum is going to be prohibitively expensive, so in that sense 230 does enable censorship.

            Because lets be honest - moderation *is* censorship. But without it the worst scum of trolldom will bury every forum in the world in shit-posts.

            So let me be clear - I'm not terribly concerned about censorship - the internet was doing fine under 230 until "social media" came on the scene. And more practically I don't see any way to eliminate it - trying to do so amounts to mandated public speech.

            What I am concerned with is the trend toward maximizing user engagement (=profit) through the intentional spreading of outrage-inducing misinformation. Lies have always had an easier time spreading than the truth - they speak directly to our hopes, fears, and preconceived biases. And by profiting from user engagement without any liability for what they use to engage users with, "social media" has become a massive amplifier for those lies.

            So, what I propose is:

            If you decide what I see next - like Facebook decides the next post I'll see in my feed, then you're curating (publishing) that content and lose 230 protections for it. A publisher decides what content their audience will see, and in what context. Which is what lets sites like Facebook intentionally manipulate mood, credulity, etc.

            In contrast, someplace like here the ordering of comments is predetermined by a combination of posting chronology and structure, and viewer-controlled settings. Slashdot does not choose what comment I read next, so they are in fact acting like the mostly-noninterfering communication channels protected by 230, and would still fall under it and be free to censor offending content as they see fit. (wait - do we have a "highest rated first" option? That could reasonably be considered curation - might need to remove that)

            And as I see it, there's room for the different aspects of the same site to fall under different rules. Perhaps Slashdot should be held liable for the stories they post. Those are curated, and outsourcing that to the community shouldn't necessarily make a difference. Similarly, if Facbook publishes comments to a post in chronological order, 230 would still applies to those comments, and they'd only liable for the truthfulness of the original posts themselves.

            It might also be worth adding in an anti-SLAPP clause - e.g. an accuser must first convince a judge (jury?) that the content is false before they're even allowed to file a libel charge against the publisher. Perhaps with some liability for any judge found to be rubber-stamping such decisions.

            • Because lets be honest - moderation *is* censorship.

              That is anything but clear. /. is a great example. They rarely delete posts here, and if you browse at -1 you can see everything. While you can choose to engage with the moderation, you can also choose not to.

              I don't see that as censorship. The content hasn't gone anywhere. The site owners or their algorithm haven't chosen to delete, promote, or flag certain posts. /.'s moderation is essentially the general public being able to indicate whether or not they like the speech.

              Reddit is trickier. They have an ab

      • You should have read his link.

      • by cpt kangarooski ( 3773 ) on Thursday December 03, 2020 @02:31AM (#60788726) Homepage

        those sites are simultaneously using it as a shield for their own censorship of views with which they disagree

        The law intentionally permits this. The owners and operators of a site get to decide what their standards will be for third party content posted there, and can enforce them. If you don't like it, you go to a different site.

        And it works for all kinds of views and information. A religious web forum, for example, could remove posts critical of their religion. A political site can remove posts by their opponents. It is meant to mimic real world practices of free speech and free association in which the owner of private property (whether a clubhouse, auditorium, or website) gets to decide who can and cannot speak there.

        • by bsolar ( 1176767 )

          It is meant to mimic real world practices of free speech and free association in which the owner of private property (whether a clubhouse, auditorium, or website) gets to decide who can and cannot speak there.

          IMHO there lies the key issue: on the real world this makes sense because you have plenty of public places to host a debate or demonstration and be heard by many, but on the Internet there is actually no real public forum. The main places used as "forums" are private, be them twitter, youtube, slashdot or whatever.

          Imagine a country where every street, park or plaza is private and where the owners of these places could dictate which kind of debates or demonstrations can take place there. If they decide your

    • by RazorSharp ( 1418697 ) on Wednesday December 02, 2020 @11:16PM (#60788378)

      I think you're grossly oversimplifying things. As your link points out, most of the criticism of Section 230 comes from people who just don't understand it. Among those who do understand it and criticize it, it's usually because they are beholden to an electorate that dislikes it because of some misinformation they read on the internet.

      From both the characters on the left and the right, the motivation is the same: they think it hurts their cause in some way. Those on the right thinks it prevents their propaganda-style misinformation. Those on the left thinks it facilitates that propaganda-style misinformation. They're both wrong.

      Basically, things are the opposite as how you describe them. It's the stupid, misinformed electorate that either votes in stupid, misinformed politicians or votes in politicians who pretend to be stupid and misinformed to pander to their constituents. It's an old cliché on /., but this is clearly a case of stupidity, not malice.

    • Torn. (Score:5, Interesting)

      by Brain-Fu ( 1274756 ) on Wednesday December 02, 2020 @11:29PM (#60788396) Homepage Journal

      On the one hand, I agree with your sentiment (if I read you correctly). Without that law we-the-people lose the most effective form of free speech that humanity has ever seen. It gets handed over to corporate/government control more-or-less completely. That sure is bad.

      On the other hand, social media in practice has been used to give a very impactful platform to the most ignorant, the most radical, and the most malicious elements of our society. Lives of good people have been destroyed by false tweets that stirred up an angry audience, with nothing remotely resembling any kind of justice administration or due process. The court of public opinion has been under the thumb of a small number of motivated trolls.

      That sure is bad, too.

      I think the blame lies on the widespread lack of critical thinking skills. If basically everyone was smarter and more thoughtful, they would recognize drivel when they see it, on social media, and all of these false-fact whirlwinds would fizzle out before they begin. But that can't and won't happen. So, we have a really dangerous two-edged sword here, and we-the-people have maimed ourselves with it more than once already.

      Both options here are bad. Very bad. I don't like either one. But I can't think of any good options that would actually work.

      • Re:Torn. (Score:4, Insightful)

        by DamnOregonian ( 963763 ) on Thursday December 03, 2020 @12:39AM (#60788548)
        The problem I see, is that statutorily trying to de-fang "the court of public opinion" (as bad as it may be) is essentially the suppression of free speech.
        Does the court of public opinion itself have a chilling effect on free speech? Of course- but it's allowed to. The government is not.
      • Both options here are bad. Very bad. I don't like either one. But I can't think of any good options that would actually work.

        There is only one, improved education. Educated people don't as readily fall for stupid shit. However, one party has been working hard to pervert education for the purposes of indoctrination, frequently the religious kind which is explicitly constitutionally illegal.

    • by Sebby ( 238625 ) on Wednesday December 02, 2020 @11:39PM (#60788422)

      You'll see massive, industry wide censorship. Sure, you'll still be able to post to your own websites... that no one will read. Or if they do you'll be sued into pulp. Chilling is the word I'd use.

      So then we'll just end up using freenet [freenetproject.org] - yeah, it'll suck ass at first, but then will get better.

      • by DamnOregonian ( 963763 ) on Thursday December 03, 2020 @12:41AM (#60788558)

        yeah, it'll suck ass at first, but then will get better.

        And will then evolve exactly into what it replaced. Always fixing the wrong problem, we are.

        Idiots are complaining because corporations don't want to host their content, and not-idiots are complaining because idiots are allowed to use the internet.

        The solution, is to get rid of the fucking idiots.
        You can't have a democracy with a dumbfuck electorate- that was one of the *core* conditions for it.

    • by Darinbob ( 1142669 ) on Thursday December 03, 2020 @02:25AM (#60788716)

      Well it's obvious that Trump is doing this purely for selfless motives that are well thought out and researched. No way is it being done to spite Twitter for marking his posts as being potentially untrue, or that social media keeps spreading misinformation about some other guy winning the election. Nope, we should all salute the best world leader in all of world history!

    • by dfghjk ( 711126 )

      "Chilling is the word I'd use."

      It's not word I'd use. Refreshing would be more likely.

      Not long ago there was no social media, or even the internet, yet no one asserted they were "chilled". Instant, convenient access to a megaphone is an entitlement and it is doing great damage to society. In its current form, one can make the argument that we'd be better off without social media entirely, so no, not "chilling", liberating.

      "Sure, you'll still be able to post to your own websites... that no one will read."

  • So all spam and offtopic posts will have to be allowed, after all something might appear offtopic to someone but on topic to another. For example, if this was a car forum, we should we be able to talk about wheels? Or audio systems. Repealing Section 230 will make it impossible to run an automated forum without the possibility of getting sued. Basically sites like slashdot will not be possible. Is slashdot going to have a human moderate all the posts, and then accept liability when something gets through th

    • We have to hear both sides! On one side, you have people discussing the topic. And on the other side you have spambots and trolls.

      • by dgatwood ( 11270 )

        Okay. Here's my attempt to play devil's advocate for the other side:

        Please, oh please let President Trump get his way on this one. If section 230 is repealed, social media sites will no longer be viable, and people like President Trump will actually have to prove their ability to run the country by appealing to the mainstream media if they ever want to get elected in the future.

        How did I do?

    • Repeal Section 230 and nothing changes. Everyone will start to use VPNs, and discussion servers will be moved overseas to not be affected by stupid US laws. Latency might increase though.
      • Re: (Score:2, Insightful)

        by DarkOx ( 621550 )

        Yes the sort of person that wants to sit and read q-anon forums all day will still find them and they will still exist.

        Its big social media, facebook twitter, youtube this hits, and probably big traditional media ie can the NYT let users comment on stories etc. You know what NOTHING of value will be lost!

        The people running around saying 'but nobody can run forum" etc are wrong. The issues here are really about libel most of the time as far as lawsuits go. Yes the NYT could be sued for editorial content, bec

  • Oh no! (Score:5, Insightful)

    by h33t l4x0r ( 4107715 ) on Wednesday December 02, 2020 @10:47PM (#60788306)
    What will we do without 7 weeks of military funding?
  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Wednesday December 02, 2020 @10:48PM (#60788308) Journal
    .... that if 230 gets repealed, it's all but a certainty that all of Trump's social media accounts will be suspended so that the companies aren't liable for anything that he says.
    • Clearly, no one has told Trump this yet.

      Obviously, given the inflammatory, threatening and false posts, Trump will be shut out of posting on any platform immediately.

      • by fahrbot-bot ( 874524 ) on Wednesday December 02, 2020 @11:57PM (#60788460)

        Clearly, no one has told Trump this yet. Obviously, given the inflammatory, threatening and false posts, Trump will be shut out of posting on any platform immediately.

        Doesn't matter, he wouldn't really listen. Even if he did, he would really understand. Even if he did, he wouldn't really care. It's not about anything other than him being able to stir the pot, complain and get attention. He'll do that with or without Section 230. He hasn't suffered consequences of any of his words/actions to any real detrimental extent that he would begin to care about anything/one other than himself. Simply put, he's a sociopathic narcissist or a narcissistic sociopath -- whichever one is worse.

        • I don't agree.

          Trump has a high EQ ("Emotional Intelligence Quotient"). He understands that if his communications are shut off, he won't be able to influence people.

    • by mysidia ( 191772 )

      TBH... The social media companies should go ahead and do this to Trump's accounts proactively, in anticipation of a possible loss of 230 protection. If he wants them back, then he can negotiate and maybe compromise on his ridiculous position.

    • Re: (Score:2, Insightful)

      by blindseer ( 891256 )

      That's not how Section 230 works.

      Before Section 230 no social media company could be held liable for content. This was a problem because it meant that they had no authority to filter spam, porn, or harassing content. People complained because they didn't want this sent to them. If they filtered anything before Section 230 then if they allowed something "objectionable" through then they become liable just like a newspaper would.

      Section 230 was a compromise between these two extremes. It allowed them to f

  • by cygnusvis ( 6168614 ) on Wednesday December 02, 2020 @11:04PM (#60788350)
    Removing 230 is supported by both sides, so will probably pass.
  • Free Speech (Score:5, Interesting)

    by rea1l1 ( 903073 ) on Wednesday December 02, 2020 @11:04PM (#60788352) Journal

    If its terminated the courts will likely side with the content host in order to protect free speech, enshrining it under the first amendment forever. That is until it makes it to the stacked supreme court.

    • by pavon ( 30274 )

      In most cases, even before section 230, common law and other long held legal precedents would prevent hosting providers from being liable for actions performed by their users. But the hosting provider will still have to go to court and spend $100Ks-$1Ms defending themselves it every time someone decides to sue them. With section 230, if someone tries to sue a hosting provider over third party content, the provider can simply file a motion to dismiss right at the beginning, the judge will almost always agree

      • Section 230 was passed in response to Stratton Oakmont v. Prodigy, a case where the NY Supreme Court ruled just the opposite, that internet services could be held liable for user content if they took any moderation action at all (Prodigy had content guidelines, community moderators that enforced them, and a profanity filter, they ruled this meant editorial control). (And yes, that Stratton Oakmont)
    • Re:Free Speech (Score:5, Insightful)

      by fahrbot-bot ( 874524 ) on Thursday December 03, 2020 @12:13AM (#60788502)

      If its terminated the courts will likely side with the content host in order to protect free speech, enshrining it under the first amendment forever. That is until it makes it to the stacked supreme court.

      Not sure what you're trying to say, but for the umpteenth time, the concept of free speech and the First Amendment has to do with protection against government infringement. Companies can legally deny their forums/platforms to anyone for any reason. The law as it stands is to protect and/or insulate the companies from their user's posts. Without these protections, companies will simply ban offensive people according to whatever metric they want weighed against profitability -- which they can do now, but are protected if they don't.

      Trump thinks he'll have Twitter over a barrel w/o Section 230, but they'll simply drop him; he'll sue them for "censorship" and lose because Twitter is a company, not the government, and it's their playground. Sure, Twitter may lose something in the court of public opinion, but they'll get over it. In any case, he'll get the attention he craves, which is all this is really about.

  • Several Republicans have already bluntly rejected Trump’s demand. And it’s not as if the Democrats are going to support him...

  • We won't just pour money into a system that desperately modernization and streamlining for two months. Yep, that'll get them into line.

  • ... or simply ride out a shutdown until Biden shows up.

  • Trump in his tweet linked S230 with National Security... Can anyone explain his thinking here? How is S230 a National Security Issue?

    • Trump in his tweet linked S230 with National Security... Can anyone explain his thinking here?

      In Trump's mind "National Security" is a magical incantation that grants him unlimited power.

    • The actual sequence of events is something that I guess most media has decided is too crass to continue discussing openly. Although Trump has railed against Section 230 in the past, his latest tantrum is the result of a trending hashtag on Twitter, #DiaperDon. This article from the Independent [independent.co.uk] summarizes the sequence of events, but if you're not inclined to trust that particular outlet for whatever reason I exhort you to confirm it yourself; it's entirely trivial to verify.

      If that reaction seems disproporti

  • Now he's just kicking and screaming like the spoiled little child he really is, it's positively shameful. January can't get here fast enough.
    Congress needs to override any veto he issues on this.
    • by jsepeta ( 412566 )

      has anyone ever tried just ignoring that racist, serial rapist mouth-breather? seriously. if we ignore him he'll eventually go away, fading into obscurity as the worst president ever - until the next republican administration.

  • It will take the GOP less than .2 seconds to decide to join with the Democrats and override his veto.

    Georgia has an upcoming election to decide control of the Senate, "Defund the military" is not the slogan Republicans want to run on.

  • Section 230 is not about hosting your own content. Section 230 is for user generated content. That is Facebook posts, tweets, video comments, and yes discussions here on Slashdot and every other site.

    Section 230 is gone = user generated content is gone.
    After that all would have to be heavily moderated by humans. And I think only three kinds will survive:
    - Big companies with deep pockets (ironically, they would be free to do any kind of curation they want at that point)
    - Small personal blogs which can modera

  • Comment removed (Score:3, Interesting)

    by account_deleted ( 4530225 ) on Thursday December 03, 2020 @01:46AM (#60788664)
    Comment removed based on user account deletion
  • Sounds like (Score:5, Insightful)

    by Revek ( 133289 ) on Thursday December 03, 2020 @07:36AM (#60789264)
    A win win situation for those of us who don't approve of useless military spending.
  • by rsilvergun ( 571051 ) on Thursday December 03, 2020 @09:29AM (#60789610)
    it just dawned on me what they're gonna do. They'll create a DMCA style "safe harbor" rule where anything can easily be removed. This'll allow the important, wealthy & well connected to speak freely online while censoring "undesirables".
  • by superdave80 ( 1226592 ) on Thursday December 03, 2020 @12:46PM (#60790390)
    To all you Trump supporters: Do you get it yet? This guy ONLY cares about himself. Period. He will literally put national defense at risk because someone tweeted something that hurt his easily-hurt feelings. It's still embarrassing that 70+million people in this country STILL thought he was a good idea as president, despite listening to him talk the last four years.

As you will see, I told them, in no uncertain terms, to see Figure one. -- Dave "First Strike" Pare

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