Cade rightly points out that these algorithms are a direct violation of Section 
230 protections by the letter of the law. It’s absolutely editorializing. 

That seems compatible with Cade’s latter point: 

> A digitalised democracy mustevolve beyond the infantile technolibertariancore 
> EFF understanding of free speech, where the platform and its designed 
> constraints and rules are invisible to the demands of a free press. 

Section 230 comes from this era and is simply not enforced. And there is no 
reason that the EU - or any other governing body- needs to abide by Section 
230. 

Even better - the laws that deal with liability are time-tested. While 
incredibly imperfect, there is at least a judicial precedent to work from 
rather than inventing new ways to make the internet “safe.” 

/Davif

--
w: http://schmud.de
e: [email protected]
t: @dschmudde

> On Oct 11, 2024, at 22:31, [email protected] wrote:
> 
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> Today's Topics:
> 
>   1. Sign the BAN X in EUROPE petition and join the campaign
>      (Harv Stanic Staalman)
>   2. Re: Sign the BAN X in EUROPE petition and join the campaign
>      (Fr?d?ric Neyrat)
>   3. Re: Sign the BAN X in EUROPE petition and join the campaign
>      (Cade Diehm)
>   4. Re: Sign the BAN X in EUROPE petition and join the campaign
>      (Akshay Khobragade)
>   5. Re: Sign the BAN X in EUROPE petition and join the campaign
>      (Keith Sanborn)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Fri, 11 Oct 2024 10:55:31 +0200 (GMT+02:00)
> From: Harv Stanic Staalman <[email protected]>
> To: [email protected]
> Subject: <nettime> Sign the BAN X in EUROPE petition and join the
>    campaign
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset=UTF-8
> 
> Oh, how democratic and advanced. Asking for a censorship in a 21st century, 
> after 40 years of fighting for internet freedoms certainly brings memories of 
> the
> //Reichsministerium//// f?r Volksaufkl?rung und Propaganda//.
> I wonder which EU funding scheme sponsors this?
> Geert should know better.
> 
> 
> ------------------------------
> 
> Message: 2
> Date: Fri, 11 Oct 2024 07:48:37 -0500
> From: Fr?d?ric Neyrat <[email protected]>
> To: "<nettime> is a moderated mailing list for net criticism,
>    collaborative text filtering and cultural politics of the nets"
>    <[email protected]>
> Subject: Re: <nettime> Sign the BAN X in EUROPE petition and join the
>    campaign
> Message-ID:
>    <cabb5bs2fu9snshw_68z_+goxa_1yrxzjdd2j55lc6nv8ood...@mail.gmail.com>
> Content-Type: text/plain; charset="UTF-8"
> 
> Thank you Geert, yes we need to ban what destroys our lives, our psyches (a
> question of courage and politics), the internet is dead and we follow it
> into its death - it's time to create an externet
> 
> in solidarity,
> 
> Fr?d?ric
> __________________________________
> ________________ Website: Atopies <https://atoposophie.wordpress.com/>
> _______ ALienstagram <https://www.instagram.com/alienocene/>
> 
> 
>> On Fri, Oct 11, 2024 at 7:34?AM Harv Stanic Staalman via nettime-l <
>> [email protected]> wrote:
>> 
>> Oh, how democratic and advanced. Asking for a censorship in a 21st
>> century, after 40 years of fighting for internet freedoms certainly brings
>> memories of the
>> //Reichsministerium//// f?r Volksaufkl?rung und Propaganda//.
>> I wonder which EU funding scheme sponsors this?
>> Geert should know better.
>> --
>> # distributed via <nettime>: no commercial use without permission
>> # <nettime> is a moderated mailing list for net criticism,
>> # collaborative text filtering and cultural politics of the nets
>> # more info: https://www.nettime.org
>> # contact: [email protected]
>> 
> 
> 
> ------------------------------
> 
> Message: 3
> Date: Fri, 11 Oct 2024 23:11:15 +1000
> From: Cade Diehm <[email protected]>
> To: [email protected]
> Subject: Re: <nettime> Sign the BAN X in EUROPE petition and join the
>    campaign
> Message-ID:
>    <[email protected]>
> Content-Type: text/plain; charset=UTF-8; format=flowed
> 
> Hi nettime,
> 
> In the years to come, the digital rights community will need to answer
> for the conflation of free speech of a democratic society with the
> formats and operations of the private platforms for which we interact on.
> 
> Indeed, the US-borne legal stance enshrined by Section 230 ? that the
> platform is (within reason) not broadly responsible for the content of
> what its users post ? is something that should be heeded by the wider
> democratic world. But what continues to be missed is the interface as it
> relates to speech: the editorialised algorithmic timeline, the scaffolds
> that dictate and shape platform speech (be it short form video, 200
> characters, or pictures with filters), or what one must give up in order
> to participate.
> 
> Turns out, all of these properties are just as important in the context
> of speech, and how they shape what is said, who gets to say it, and how
> they say it. And yet, beyond meandering gestures towards
> interoperability by the EU, or the endless protest by NGOs against
> endless social-media accelerated genocides, we widely continue to equate
> the platform with the speech. The two could not be further from each other.
> 
> Put simply, the democratic enshrinement of free speech is the cloak that
> has successfully kept these controllers of discourse firmly in the seats
> of power. That has been the mantra, to attack the platform is to attack
> speech itself, what a convenient reality for these now-juggernaughts!
> 
> Forgive me, but in 2024 this kind of free speech discourse rings as
> hollow as Musks' facile speech absolutism. A digitalised democracy must
> evolve beyond the infantile technolibertariancore EFF understanding of
> free speech, where the platform and its designed constraints and rules
> are invisible to the demands of a free press. There is a very real
> accelerationist attack underway that leverages this very flaw in the 30+
> years of digital discourse, driven by a flaw we have all perpetuated to
> varying degrees. Killing a platform for being run by a Epstein-adjacent
> hyper-criminal who once flashed a woman on an aeroplane and then offered
> to buy her a horse is not the same as kicking in the doors of citizens
> who post on the platform owned by?Epstein-adjacent hyper-criminal who
> once flashed a woman on an aeroplane and then offered to buy her a
> horse. Frankly I'm tired of the claims that these are one and the same.
> 
> I am not an authoritarian, I don't give a fuck about the Nazis on X.
> What I care about is that, after 40 years of fighting for internet
> freedoms, the Nazis are now freely flowing into the timelines of
> everyone you care about. To continue to parrot this 20th century idea of
> free speech without considering the infrastructure actor is to be in
> denial as this information warfare submerges us. It is exactly the
> belief here, cloaking the corpo platform in the dream of the democratic
> voice, that has kept us from the nuance needed to navigate these
> pathetic implementations of mass media we are still just beginning to
> grapple with.
> 
> Thanks for reading.
> 
> Cade
> 
> ~
> 
> Founder, New Design Congress
> https://newdesigncongress.org/en/join
> 
>> On 11.10.24 18:55, Harv Stanic Staalman via nettime-l wrote:
>> Oh, how democratic and advanced. Asking for a censorship in a 21st century, 
>> after 40 years of fighting for internet freedoms certainly brings memories 
>> of the
>> //Reichsministerium//// f?r Volksaufkl?rung und Propaganda//.
>> I wonder which EU funding scheme sponsors this?
>> Geert should know better.
> 
> 
> ------------------------------
> 
> Message: 4
> Date: Sat, 12 Oct 2024 00:00:49 +0530
> From: Akshay Khobragade <[email protected]>
> To: "<nettime> is a moderated mailing list for net criticism,
>    collaborative text filtering and cultural politics of the nets"
>    <[email protected]>
> Subject: Re: <nettime> Sign the BAN X in EUROPE petition and join the
>    campaign
> Message-ID: <[email protected]>
> Content-Type: text/plain;    charset=utf-8
> 
> I concur hard with Harv. Wouldn?t want to look at such a ban in retrospect 
> and regret taking an easy way out.
> 
> ?What would Gandhi do?? ? As much as I understand of the Indian independence 
> struggles of the previous century, Gandhi?s focus on nonviolence, when all 
> the brits ever did was violently suppress and jail whoever opposed, was to 
> never validate the behavior of the other side. Otherwise it entails a 
> perpetual fight where the deciding factors become strength in numbers, not 
> strength in morals and ideas.
> 
> Instead of the ban, rather focus on building the utopia that cares for 
> everyone. Even the other side.
> 
> Fostering healthy communication, pulling the crowd into a better place, 
> instead of sloshing everyone around with bans, will be sustainable.
> 
> Lets not feed them the hate they depend on.
> 
> ? Akshay
> 
> 
>> On 11 Oct 2024, at 14:25, Harv Stanic Staalman via nettime-l 
>> <[email protected]> wrote:
>> 
>> Oh, how democratic and advanced. Asking for a censorship in a 21st century, 
>> after 40 years of fighting for internet freedoms certainly brings memories 
>> of the
>> //Reichsministerium//// f?r Volksaufkl?rung und Propaganda//.
>> I wonder which EU funding scheme sponsors this?
>> Geert should know better.
>> --
>> # distributed via <nettime>: no commercial use without permission
>> # <nettime> is a moderated mailing list for net criticism,
>> # collaborative text filtering and cultural politics of the nets
>> # more info: https://www.nettime.org
>> # contact: [email protected]
> 
> 
> 
> ------------------------------
> 
> Message: 5
> Date: Fri, 11 Oct 2024 16:30:20 -0400
> From: Keith Sanborn <[email protected]>
> To: "<nettime> is a moderated mailing list for net criticism,
>    collaborative text filtering and cultural politics of the nets"
>    <[email protected]>
> Subject: Re: <nettime> Sign the BAN X in EUROPE petition and join the
>    campaign
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset=utf-8
> 
> Musk is a fascist who promotes damaging lies and amplifies them. X is a 
> vehicle for much damaging of the public sphere. I guess you must really love 
> them nazis! Trying to defend them by standards they wd never adhere to. J D 
> Vance made the same point about Trump?s damaging claims he won the 2020 
> election. All in the name of ?free speech.? This is the moral equivalent of 
> yelling fire in a crowded theater. And Musk is a repeat offender. That is not 
> free speech but something akin to linguistic terrorism.
> 
>> On Oct 11, 2024, at 9:12?AM, Cade Diehm via nettime-l 
>> <[email protected]> wrote:
>> 
>> ?Hi nettime,
>> 
>> In the years to come, the digital rights community will need to answer for 
>> the conflation of free speech of a democratic society with the formats and 
>> operations of the private platforms for which we interact on.
>> 
>> Indeed, the US-borne legal stance enshrined by Section 230 ? that the 
>> platform is (within reason) not broadly responsible for the content of what 
>> its users post ? is something that should be heeded by the wider democratic 
>> world. But what continues to be missed is the interface as it relates to 
>> speech: the editorialised algorithmic timeline, the scaffolds that dictate 
>> and shape platform speech (be it short form video, 200 characters, or 
>> pictures with filters), or what one must give up in order to participate.
>> 
>> Turns out, all of these properties are just as important in the context of 
>> speech, and how they shape what is said, who gets to say it, and how they 
>> say it. And yet, beyond meandering gestures towards interoperability by the 
>> EU, or the endless protest by NGOs against endless social-media accelerated 
>> genocides, we widely continue to equate the platform with the speech. The 
>> two could not be further from each other.
>> 
>> Put simply, the democratic enshrinement of free speech is the cloak that has 
>> successfully kept these controllers of discourse firmly in the seats of 
>> power. That has been the mantra, to attack the platform is to attack speech 
>> itself, what a convenient reality for these now-juggernaughts!
>> 
>> Forgive me, but in 2024 this kind of free speech discourse rings as hollow 
>> as Musks' facile speech absolutism. A digitalised democracy must evolve 
>> beyond the infantile technolibertariancore EFF understanding of free speech, 
>> where the platform and its designed constraints and rules are invisible to 
>> the demands of a free press. There is a very real accelerationist attack 
>> underway that leverages this very flaw in the 30+ years of digital 
>> discourse, driven by a flaw we have all perpetuated to varying degrees. 
>> Killing a platform for being run by a Epstein-adjacent hyper-criminal who 
>> once flashed a woman on an aeroplane and then offered to buy her a horse is 
>> not the same as kicking in the doors of citizens who post on the platform 
>> owned by Epstein-adjacent hyper-criminal who once flashed a woman on an 
>> aeroplane and then offered to buy her a horse. Frankly I'm tired of the 
>> claims that these are one and the same.
>> 
>> I am not an authoritarian, I don't give a fuck about the Nazis on X. What I 
>> care about is that, after 40 years of fighting for internet freedoms, the 
>> Nazis are now freely flowing into the timelines of everyone you care about. 
>> To continue to parrot this 20th century idea of free speech without 
>> considering the infrastructure actor is to be in denial as this information 
>> warfare submerges us. It is exactly the belief here, cloaking the corpo 
>> platform in the dream of the democratic voice, that has kept us from the 
>> nuance needed to navigate these pathetic implementations of mass media we 
>> are still just beginning to grapple with.
>> 
>> Thanks for reading.
>> 
>> Cade
>> 
>> ~
>> 
>> Founder, New Design Congress
>> https://newdesigncongress.org/en/join
>> 
>>>> On 11.10.24 18:55, Harv Stanic Staalman via nettime-l wrote:
>>> Oh, how democratic and advanced. Asking for a censorship in a 21st century, 
>>> after 40 years of fighting for internet freedoms certainly brings memories 
>>> of the
>>> //Reichsministerium//// f?r Volksaufkl?rung und Propaganda//.
>>> I wonder which EU funding scheme sponsors this?
>>> Geert should know better.
>> --
>> # distributed via <nettime>: no commercial use without permission
>> # <nettime> is a moderated mailing list for net criticism,
>> # collaborative text filtering and cultural politics of the nets
>> # more info: https://www.nettime.org
>> # contact: [email protected]
> 
> 
> ------------------------------
> 
> Subject: Digest Footer
> 
> --
> # distributed via <nettime>: no commercial use without permission
> # <nettime> is a moderated mailing list for net criticism,
> # collaborative text filtering and cultural politics of the nets
> # more info: https://www.nettime.org
> # contact: [email protected]
> 
> 
> ------------------------------
> 
> End of nettime-l Digest, Vol 16, Issue 5
> ****************************************
-- 
# distributed via <nettime>: no commercial use without permission
# <nettime> is a moderated mailing list for net criticism,
# collaborative text filtering and cultural politics of the nets
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