Anonymous Anonymous Coward (profile), 20 Feb 2020 @ 8:00am
I do not give you permission to search or question me
"An agent’s actions while on the bus “would not cause a reasonable person to believe that he or she is unable to terminate the encounter with the agent.”"
Does this mean that even after the bus driver gives the CBP agent permission to 'inspect' the passengers that any passenger can then tell the CBP agent to stick it, and be in the right? I have several doubts about whether the CBP agent would react appropriately to such a rejection, and the phrase 'you might beat the charge, but you cannot beat the ride' comes to mind.
Anonymous Anonymous Coward (profile), 20 Feb 2020 @ 7:45am
Re: Re: Re:
While true, that solution leaves a problem. The 1st Amendment allows politicians to say whatever they want during campaigns. Then when voters take them at their word, and the elected politician does a 180 on them when in office, the only way to correct that injustice is in the next election. Too late for my tastes. At the same time, I have no good resolution without doing harm to several entrenched systems.
Anonymous Anonymous Coward (profile), 19 Feb 2020 @ 1:13pm
Re: Annnd it's gone
It is sad that people tend to get remembered for the worst things they do, rather than the best. Yet, knowing that, people still seem to climb down into the rabbit hole for unfathomable reasons.
Anonymous Anonymous Coward (profile), 19 Feb 2020 @ 12:38pm
Whaaaaaa!
"sow seeds of doubt about the functioning of democracy itself."
I had seeds of doubt about the functioning of democracy itself when I learned that politicians lie with impunity, several (or maybe many) decades ago.
Then the Supreme Court ensconced money in politics with its Citizens United v. FEC decision and my doubts skyrocketed.
Next we can talk about tribes. There's law enforcement, and the rest of us. There are those in power who want more power and to reduce our ability to impact their power. Then there is a whole scale of ideologies, constantly amending itself, from the ultra far right to the ultra far left. They war against each other without actually knowing where the other stands, but because labels. Adding to the list of tribes, and loosely tied to those ideologies mentioned, are political parties, who endeavor to control who you are allowed to vote for by controlling the various nomination processes, and with party indoctrination an ongoing duopoly which makes third parties less than viable.
Now to address Mr Wheeler's screed about rampant lies, he fails to understand that no platform, internet or print, has an actual responsibility to protect anyone from lies, hell they print whatever lie comes out of politicians mouths all the time. That the cure for bad speech is more speech and Wheeler seems to be wanting to curb speech, one has to conclude that he isn't angry about lies, he is angry about lies he doesn't like.
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 4:22pm
Re: so what if it's dicriminatory
I would call your interpretation of how Section 230 works...studly...if it wasn't bass ackwards. It's the little companies that get the greatest benefit from Section 230, the big ones can afford to fight and create moderation algorithms (that only sorta work). Then, making law based upon economic status seems like the antithesis of free market (other than tax rates, that is...well according to the pundits).
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 3:17pm
Seems like a perfectly cromulent opportunity
The many legacy newspapers that have an online presence (many of whom went the paywall route) and no longer have comment sections (where Section 230 would protect them) and lost traffic are trying to make themselves more respectable. They want the old system where letters to the editor are 'edited' (by which I mean we print those we like, or are mildly antagonistic, and don't print those we don't like, or are 'radically' antagonistic) by those that edit the editorial page. Control was so much nicer than lack of control, and look at all those bucks we had to spend 'moderating' user comments.
Well, dump Section 230 and not only do we not have to moderate user comments (which we dumped when the majority of the comments opposed our editorial views) but user comments disappear altogether, everywhere, unless we approve the occasional letter to the editor that doesn't hurt our feelings.
Now, to get those users back, we will print more government provided stenography and titillating celebrity articles, both of which will be provided by AP and Reuters. News??? What do you mean you want to know what's going on? What do you mean by investigative journalism? Where did you get the idea that we were the Fourth Estate?
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 12:04pm
Re: Read it again
Twitter didn't leak the photos from the crime scene. They were a medium that was used to advertise the article in another medium known as a newspaper (with very loose definitions of newspaper). They don't need the shield law, only Section 230.
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 11:59am
What did they expect?
Cars go many places. Cell phone signals, not so much. How a car rental company achieved the notion that they could rent cars to people who go many places, some of which might not have a cell signal, and require that cell signal to continue operating is beyond me. Seems like the business analysts who prepared the case studies for the project manager failed big time by not analyzing how rental cars are actually used.
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 11:45am
Re: Re: They can't get their tongues around it
I hear ya, but neither of those two things are true, as you point out. If someone reasonable was to put forward an argument that actually pointed out how Section 230 wasn't achieving the intended goal of the Section 230 creators, third party liability, then those, as well as the arguments I mentioned would not be a part of the discussion.
We have yet to see someone not delusional, without some agenda (apparent, or underhanded, or the beginning of a slippery slope), without using a smorgasbord of logical fallacies, explain just why Section 230 is wrong.
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 11:33am
Re: Gotta disagree with Tim on this one
If the NY Post has the sense of taste that allows it to print gory photos, then they publicly display where their morality lays ($$$$$$). That sensationalism is not illegal, poor taste maybe, but not illegal.
The "normal" circumstances you mention is what investigative reporters do normally, and then they write the story and publish it along with graphics when available. Just as the source of the photo is immaterial, it does not matter who the photographer was (unless they are claiming copyright or seek credit) it still became a part of the record, which someone from NYPD released to the reporter.
All of what you are saying is that the NYPD should be investigating itself (which they have a very poor track record at) rather than someone outside the department.
Remember, when you point your finger at someone, there are three pointing back at you.
Anonymous Anonymous Coward (profile), 18 Feb 2020 @ 10:50am
They can't get their tongues around it
Given the purpose of Section 230 is to remove third party liability, I am still waiting for someone to clearly elucidate just how Section 230 isn't working. I know that some think it should be easier to go after deep pockets for things they don't like, and that others wish to silence voices they don't like (and haven't figured out all the failures of the DMCA process). There are ways to deal with illegal content (those few things that actually are illegal) and there are defamation laws to deal with actual slander.
So, outside of the bloviating of those who wish more control over others, and lack the impulse control to not view videos of things they find abhorrent, just what is the problem with Section 230?
Anonymous Anonymous Coward (profile), 13 Feb 2020 @ 11:36am
Re: Re: Re: Only one way to deal with riff-raff like trolls.
I said more tender, not actually tender. In the old days, before refrigeration, meat became gamy quickly and methods of cooking were developed to mask those flavors. So I am recommending a braise (a method used for less tender cuts), defined by searing the meat then cooking slowly for a long time in liquid. A strongly spiced broth could help to ameliorate the taste, though I do lack experience with this particular protein, so no guarantee on the results.
Anonymous Anonymous Coward (profile), 12 Feb 2020 @ 12:27pm
Re:
In your tightly bounded scenario, no, but it is a supervisors responsibility to know what their direct employees are doing, as well as how they are doing it. When organizations get bigger, say 100,000 employees, holding the top dog responsible for what the least peon is doing becomes a bit much. Then one has to look at policy and control. In theory the boss knows what his directs are doing, and those directs know what their directs are doing and those directs know what their directs are doing and so on. If proper policy is in place, and good controls are used, then everybody is following the corporate line. At least that's the theory.
But theory isn't practice. It could be possible that some unit, or individual at some sub level of an organization steps out of bounds and the brass doesn't know it. So the responsibility for that out of bounds goes to the bad actor as well as the supervisor and their manager who should know what that out of bounds employee was doing. How egregious the act was, and how closely it impugned policy, as well as how long the bad act was going on should probably impact any resulting action.
In the case of content moderation, and all the press it has been getting, I would suggest that the top dogs should be very tightly integrated with the general actions of those moderators, but not necessarily monitoring them on even a daily basis. In that scenario, then the brass has skin in the game, and should take heat for bad acts. The fish stinks from the head first.
On the post: CBP Memo Confirms Bus Drivers Have A Right To Deny Agents Permission To Search Buses And Passengers
I do not give you permission to search or question me
Does this mean that even after the bus driver gives the CBP agent permission to 'inspect' the passengers that any passenger can then tell the CBP agent to stick it, and be in the right? I have several doubts about whether the CBP agent would react appropriately to such a rejection, and the phrase 'you might beat the charge, but you cannot beat the ride' comes to mind.
On the post: Mark Zuckerberg Suggests Getting Rid Of Section 230; Maybe People Should Stop Pretending It's A Gift To Facebook
Re: Re: Re:
While true, that solution leaves a problem. The 1st Amendment allows politicians to say whatever they want during campaigns. Then when voters take them at their word, and the elected politician does a 180 on them when in office, the only way to correct that injustice is in the next election. Too late for my tastes. At the same time, I have no good resolution without doing harm to several entrenched systems.
On the post: College Student Gets Thrown On The Ground And A Gun Pointed At His Head For Committing The Crime Of 'Taking A Selfie While Black'
Re:
They think of it as Southern Hospitality, don't ya know.
/s
On the post: Hey Tom Wheeler: Stick To Net Neutrality, Because Your Understanding Of Section 230 Is... Not Right
Re: Annnd it's gone
It is sad that people tend to get remembered for the worst things they do, rather than the best. Yet, knowing that, people still seem to climb down into the rabbit hole for unfathomable reasons.
On the post: Hey Tom Wheeler: Stick To Net Neutrality, Because Your Understanding Of Section 230 Is... Not Right
Whaaaaaa!
I had seeds of doubt about the functioning of democracy itself when I learned that politicians lie with impunity, several (or maybe many) decades ago.
Then the Supreme Court ensconced money in politics with its Citizens United v. FEC decision and my doubts skyrocketed.
Next we can talk about tribes. There's law enforcement, and the rest of us. There are those in power who want more power and to reduce our ability to impact their power. Then there is a whole scale of ideologies, constantly amending itself, from the ultra far right to the ultra far left. They war against each other without actually knowing where the other stands, but because labels. Adding to the list of tribes, and loosely tied to those ideologies mentioned, are political parties, who endeavor to control who you are allowed to vote for by controlling the various nomination processes, and with party indoctrination an ongoing duopoly which makes third parties less than viable.
Now to address Mr Wheeler's screed about rampant lies, he fails to understand that no platform, internet or print, has an actual responsibility to protect anyone from lies, hell they print whatever lie comes out of politicians mouths all the time. That the cure for bad speech is more speech and Wheeler seems to be wanting to curb speech, one has to conclude that he isn't angry about lies, he is angry about lies he doesn't like.
On the post: What A Shame: Legacy Newspapers Want To Take Away Free Speech On The Internet
Re: Reagan was right about one thing.
Only if 'keep away' is a euphemism for proliferate.
On the post: What A Shame: Legacy Newspapers Want To Take Away Free Speech On The Internet
Re: so what if it's dicriminatory
I would call your interpretation of how Section 230 works...studly...if it wasn't bass ackwards. It's the little companies that get the greatest benefit from Section 230, the big ones can afford to fight and create moderation algorithms (that only sorta work). Then, making law based upon economic status seems like the antithesis of free market (other than tax rates, that is...well according to the pundits).
On the post: What A Shame: Legacy Newspapers Want To Take Away Free Speech On The Internet
Re: Re: News Media Alliance: Not big fans of free speech
Freudian for sure, slip, I doubt. The issues I see are how to bottle it, and whether ATF (or state liquor boards) will have jurisdiction.
On the post: What A Shame: Legacy Newspapers Want To Take Away Free Speech On The Internet
Seems like a perfectly cromulent opportunity
The many legacy newspapers that have an online presence (many of whom went the paywall route) and no longer have comment sections (where Section 230 would protect them) and lost traffic are trying to make themselves more respectable. They want the old system where letters to the editor are 'edited' (by which I mean we print those we like, or are mildly antagonistic, and don't print those we don't like, or are 'radically' antagonistic) by those that edit the editorial page. Control was so much nicer than lack of control, and look at all those bucks we had to spend 'moderating' user comments.
Well, dump Section 230 and not only do we not have to moderate user comments (which we dumped when the majority of the comments opposed our editorial views) but user comments disappear altogether, everywhere, unless we approve the occasional letter to the editor that doesn't hurt our feelings.
Now, to get those users back, we will print more government provided stenography and titillating celebrity articles, both of which will be provided by AP and Reuters. News??? What do you mean you want to know what's going on? What do you mean by investigative journalism? Where did you get the idea that we were the Fourth Estate?
On the post: NYPD Lied About National Security During An Attempt To Obtain A Journalist's Records From Twitter
Re: Read it again
Twitter didn't leak the photos from the crime scene. They were a medium that was used to advertise the article in another medium known as a newspaper (with very loose definitions of newspaper). They don't need the shield law, only Section 230.
On the post: Driver Stranded After 'Smart' Rental Car Can't Phone Home
What did they expect?
Cars go many places. Cell phone signals, not so much. How a car rental company achieved the notion that they could rent cars to people who go many places, some of which might not have a cell signal, and require that cell signal to continue operating is beyond me. Seems like the business analysts who prepared the case studies for the project manager failed big time by not analyzing how rental cars are actually used.
On the post: Mark Zuckerberg Suggests Getting Rid Of Section 230; Maybe People Should Stop Pretending It's A Gift To Facebook
Re: Re: They can't get their tongues around it
I hear ya, but neither of those two things are true, as you point out. If someone reasonable was to put forward an argument that actually pointed out how Section 230 wasn't achieving the intended goal of the Section 230 creators, third party liability, then those, as well as the arguments I mentioned would not be a part of the discussion.
We have yet to see someone not delusional, without some agenda (apparent, or underhanded, or the beginning of a slippery slope), without using a smorgasbord of logical fallacies, explain just why Section 230 is wrong.
On the post: NYPD Lied About National Security During An Attempt To Obtain A Journalist's Records From Twitter
Re:
Isn't the Patriot Act federal law? Since when is the NYPD authorized to enforce federal law?
On the post: NYPD Lied About National Security During An Attempt To Obtain A Journalist's Records From Twitter
Re: Gotta disagree with Tim on this one
If the NY Post has the sense of taste that allows it to print gory photos, then they publicly display where their morality lays ($$$$$$). That sensationalism is not illegal, poor taste maybe, but not illegal.
The "normal" circumstances you mention is what investigative reporters do normally, and then they write the story and publish it along with graphics when available. Just as the source of the photo is immaterial, it does not matter who the photographer was (unless they are claiming copyright or seek credit) it still became a part of the record, which someone from NYPD released to the reporter.
All of what you are saying is that the NYPD should be investigating itself (which they have a very poor track record at) rather than someone outside the department.
Remember, when you point your finger at someone, there are three pointing back at you.
On the post: Mark Zuckerberg Suggests Getting Rid Of Section 230; Maybe People Should Stop Pretending It's A Gift To Facebook
They can't get their tongues around it
Given the purpose of Section 230 is to remove third party liability, I am still waiting for someone to clearly elucidate just how Section 230 isn't working. I know that some think it should be easier to go after deep pockets for things they don't like, and that others wish to silence voices they don't like (and haven't figured out all the failures of the DMCA process). There are ways to deal with illegal content (those few things that actually are illegal) and there are defamation laws to deal with actual slander.
So, outside of the bloviating of those who wish more control over others, and lack the impulse control to not view videos of things they find abhorrent, just what is the problem with Section 230?
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Re: Re: Re:
It is absolutely the responsibility of the communicator to insure the understanding in the receiver's otherwise communication does not take place.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Re:
Pretzel logic passed through a maze without exit and then infused with many disparate agenda's that have been through a blender without filter.
In other words, WTF?
On the post: Open Source Voice Assistant Promises To 'Nuke From Orbit' Patent Troll
Re: Re: Re: Only one way to deal with riff-raff like trolls.
I said more tender, not actually tender. In the old days, before refrigeration, meat became gamy quickly and methods of cooking were developed to mask those flavors. So I am recommending a braise (a method used for less tender cuts), defined by searing the meat then cooking slowly for a long time in liquid. A strongly spiced broth could help to ameliorate the taste, though I do lack experience with this particular protein, so no guarantee on the results.
On the post: Open Source Voice Assistant Promises To 'Nuke From Orbit' Patent Troll
Re: Only one way to deal with riff-raff like trolls.
Or one could just blow up the bridge. Crushed trolls are more tender.
On the post: Arizona Legislator Wants To Strip Platforms Of Section 230 Immunity If They're 'Politically Biased'
Re:
In your tightly bounded scenario, no, but it is a supervisors responsibility to know what their direct employees are doing, as well as how they are doing it. When organizations get bigger, say 100,000 employees, holding the top dog responsible for what the least peon is doing becomes a bit much. Then one has to look at policy and control. In theory the boss knows what his directs are doing, and those directs know what their directs are doing and those directs know what their directs are doing and so on. If proper policy is in place, and good controls are used, then everybody is following the corporate line. At least that's the theory.
But theory isn't practice. It could be possible that some unit, or individual at some sub level of an organization steps out of bounds and the brass doesn't know it. So the responsibility for that out of bounds goes to the bad actor as well as the supervisor and their manager who should know what that out of bounds employee was doing. How egregious the act was, and how closely it impugned policy, as well as how long the bad act was going on should probably impact any resulting action.
In the case of content moderation, and all the press it has been getting, I would suggest that the top dogs should be very tightly integrated with the general actions of those moderators, but not necessarily monitoring them on even a daily basis. In that scenario, then the brass has skin in the game, and should take heat for bad acts. The fish stinks from the head first.
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