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Social Networks Government The Courts The Internet United States

Trump Signs Executive Order Targeting Protections For Social Media Platforms (axios.com) 466

President Trump signed an executive order on Thursday designed to limit the legal protections that shield social media companies from liability for the content users post on their platforms. Axios reports: "Currently, social media giants like Twitter received unprecedented viability shield based on the theory that they are a neutral platform, which they are not," Trump said in the Oval Office. "We are fed up with it. It is unfair, and it's been very unfair." The order comes after the president escalated his attacks against Big Tech in recent days -- specifically Twitter, which fact-checked him for the first time this week over an unsubstantiated claim that mail-in voting drives voter fraud.

The order focuses on a portion of the Communications Decency Act known as Section 230, which grants broad liability protections to tech platforms from civil suits when it comes to what users post, and would press regulators to create new rules aimed at pulling back that shield, Trump said at the White House Thursday. It also asks the Federal Trade Commission to report on acts of political bias collected by the White House, he added. Attorney General Bill Barr said that the administration is preparing legislation as well. The Trump administration has long mulled reining in Section 230, and the Justice Department convened a workshop earlier this year on the topic. Trump said he expects the executive order to draw a lawsuit.

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Trump Signs Executive Order Targeting Protections For Social Media Platforms

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  • You sure about that? (Score:5, Interesting)

    by Anonymous Coward on Thursday May 28, 2020 @04:13PM (#60117422)

    unsubstantiated claim that mail-in voting drives voter fraud.

    I wonder where he could have come to that conclusion. [nbcnewyork.com]

    • Why was this downvoted? They say the truth hurts the worst I guess.
      • “We Choose Truth Over Facts”

      • Re: (Score:2, Informative)

        by al0ha ( 1262684 )
        Bad reference man...

        That article points out what is already known, all methods of voting are subject to voter fraud, mail, standing in line, electronic.

        The ONLY reason Trump and the GOP do not want mail in voting is because it makes it easier to vote, and more difficult for them to suppress those that want to vote.

        Republicans make up roughly 32% of eligible voters; they know that, the true silent majority are liberals; you'll see that in November, regardless of how Americans end up having to vote.
        • by rho ( 6063 ) on Thursday May 28, 2020 @05:02PM (#60117814) Journal

          The ONLY reason Trump and the GOP do not want mail in voting is because it makes it easier to vote, and more difficult for them to suppress those that want to vote

          Trump and the GOP also want to harvest the organs of minorities for their rich corporate buddies. These marginalized voters cannot leave their homes in fear of being hunted down by monocle-wearing Republicans and the only way to stop Trump and the GOP is for their vote to be counted! If they cannot vote by mail, which is obviously the most secure way to guarantee election results, rich fatcats will be drinking 100 year old scotch on their yachts with the aid of a poor African American child's liver.

          These are the hard facts.

      • by Darinbob ( 1142669 ) on Thursday May 28, 2020 @08:26PM (#60118806)

        Because it's irrelevant. Minor trivial case of voter fraud versus claims of massive election hacking if mail in ballots are used. There are cases of in-person voter fraud at the polls, and yet we still allow voting at the polls because such fraud is insignificantly small as well.

    • by fahrbot-bot ( 874524 ) on Thursday May 28, 2020 @05:13PM (#60117882)

      unsubstantiated claim that mail-in voting drives voter fraud.

      I wonder where he could have come to that conclusion. [nbcnewyork.com]

      Or maybe he was thinking about the only actual recent mail-in ballot election fraud attempt -- in North Carolina last year that almost succeeded [gq.com] (and many other sources). Oh wait, that was a Republican.

    • Re: (Score:3, Interesting)

      by eepok ( 545733 )

      There's an issue with the use of the infinitive and the specific instance.

      Fraud has been carried out with mail-in voting, but mail-in voting does not "drive voter fraud".
      A meteorite struck a field in my town, but meteorites do not strike this field in my town.

    • by Nkwe ( 604125 )

      unsubstantiated claim that mail-in voting drives voter fraud.

      I wonder where he could have come to that conclusion. [nbcnewyork.com]

      I don't know about New York, but here in Oregon we have had 100% vote by mail for over 20 years with no significant issues.

  • by backslashdot ( 95548 ) on Thursday May 28, 2020 @04:13PM (#60117426)

    Shouldn’t (conservative) TALK RADIO be regulated the same way, for the same reasons. Radio stations have a monopoly on the few available AM or FM radio frequencies and so alternative voice and free speech is stifled. Limbaugh and the rest should be forced to ALLOW MORE LIBERAL VIEWPOINTS. Amazing the conservatives are enabling all the anti-freedom ant-free market principles that socialists were previously known for. Mao and Stalin would be mesmerized.
    What’s stopping Trump from starting his own website instead of FORCING his way onto Twitter and dictating their terms of service? Try to apply logic in a consistent and fair manner. If Trump can derive a right to Twitter, liberals can and will/(and as a counter, probably should) derive a right to call into and be heard on talk shows unimpeded.

    Conservatives must allow more liberal callers on talk radio, and stop hanging up on them.

    • Re: (Score:2, Informative)

      Nobody is forcing liberal voices off the air. Its just only so much "Orange Man Bad" before even liberals start to tune out.

      Just watch for "fairness doctrine" to come back. Though this time the roles will be reversed and it will be Democrats opposing it and Republicans supporting it. Neither side can handle real liberty.

    • Re: (Score:3, Insightful)

      by Cyberax ( 705495 )

      Amazing the conservatives are enabling all the anti-freedom

      What's so amazing? Conservatives have always been anti-freedom. From obscenity laws mostly passed on the behest of conservatives, to resistance to the Bill of Rights - conservatives have always been on the wrong side of history.

      • by goose-incarnated ( 1145029 ) on Thursday May 28, 2020 @04:48PM (#60117674) Journal

        Amazing the conservatives are enabling all the anti-freedom

        What's so amazing? Conservatives have always been anti-freedom.

        What's anti-freedom about this? If you want to edit and censor the content on your platform you can't very well then turn around and claim you are not responsible for anything on that platform. The minute you edit it, it's your content.

        The way things were, was that these social media sites want to both edit the content and claim it's not theirs.

        • by Cyberax ( 705495 )

          What's anti-freedom about this?

          Holding open platforms responsible for all of the users' content will simply mean their death. And you _already_ can sue platforms if their editorial changes rise to the level of slander.

          If you want to edit and censor the content on your platform you can't very well then turn around and claim you are not responsible for anything on that platform. The minute you edit it, it's your content.

          Then open platforms should also be allowed to sue their users. Your post cost the platform a lawsuit that took 7 figures to defend? Well, it's time for you to lose your house and be indebted for the rest of your life.

          • by goose-incarnated ( 1145029 ) on Thursday May 28, 2020 @05:15PM (#60117898) Journal

            What's anti-freedom about this?

            Holding open platforms responsible for all of the users' content will simply mean their death.

            Well, that's not the only option - they can stay alive by not editing their user's content.

            And you _already_ can sue platforms if their editorial changes rise to the level of slander.

            Who's talking about suing the platforms? We're talking about taking away their shield of "That's not our content" if they want to continue moderating like crazy. No one is proposing to take away their protections if they don't moderate the content.

            If you want to edit and censor the content on your platform you can't very well then turn around and claim you are not responsible for anything on that platform. The minute you edit it, it's your content.

            Then open platforms should also be allowed to sue their users.

            They are allowed to sue. Nothing is stopping them. These are some of the largest companies on the net, they have the resources so you should ask yourself why they feel threatened by people who tell journalists "learn to code".

            Honestly, there wouldn't have been any blowback if they had moderated fairly, but when even the centrists start thinking that they are going too far ....

            • by Cyberax ( 705495 ) on Thursday May 28, 2020 @05:31PM (#60118004)

              Well, that's not the only option - they can stay alive by not editing their user's content.

              None of Trump's content was edited. Twitter simply provided additional information. Why are you against free speech?

              Who's talking about suing the platforms? We're talking about taking away their shield of "That's not our content" if they want to continue moderating like crazy. No one is proposing to take away their protections if they don't moderate the content.

              And what's the difference? Why should platforms be deprived of their free speech? Freedom of association has been confirmed multiple times.

              They are allowed to sue. Nothing is stopping them. These are some of the largest companies on the net, they have the resources so you should ask yourself why they feel threatened by people who tell journalists "learn to code".

              Because these people are actually working for a tyrant who wants to stifle the free speech that is politically incorrect (i.e. tells the truth). Duh.

        • The minute you edit it, it's your content.

          If you/they edit the actual user-supplied content, definitely. In this case, Twitter appended a link to -- let's be honest here -- the actual facts (aka: the truth). Seems like a gray area. The original post is presented unaltered in its entirety with a footnote added by Twitter.

          How is this really any different than sites, like Instagram, shading or otherwise highlighting posts that may contain "sensitive" or potentially objectionable, but not in violation of the TOS, content requiring the user to click

    • The name escapes me but it was supposed to be syndicated liberal programming but it failed pretty quickly.

      • Air America
      • Conservative versions of twitter have been tried too and failed, that's why you guys are trying to hijack twitter. It's only fair the same be applied to talk radio. I guess it will happen when a democrat is president -- remember, you guys enabled it.

    • Terrible analogy, TV and Radio stations were never protected by section 230 in the first place. And for your analogy to make a modicum of sense the station, not the shows, would have to have alternating viewpoints. Or would you be OK with forcing Rachel Maddow and Chris Cuomo to platform Ben Shapiro and Glenn Beck?

    • Re: (Score:3, Insightful)

      Radio stations have a monopoly on the few available AM or FM radio frequencies and so alternative voice and free speech is stifled. Limbaugh and the rest should be forced to ALLOW MORE LIBERAL VIEWPOINTS.

      Correct me if I am wrong, but aren't radio stations, conservative or otherwise, already accountable for the content of their programming?

      The problem with FB and the like is not that it is impossible to start your own version, but that by now they have a virtual monopoly on listeners. It's a bit like being banned from the town square, and told: "you're free to set up your soapbox way out in that empty field over there, where no one will hear you". No, you don't have the right to an audience, but when a

      • Correct me if I am wrong

        No problem; you're wrong.

        The problem with FB and the like is not that it is impossible to start your own version, but that by now they have a virtual monopoly on listeners. It's a bit like being banned from the town square, and told: "you're free to set up your soapbox way out in that empty field over there, where no one will hear you".

        Yeah, all the people you could ever want to talk to are on Usenet, I mean ICQ, I mean AIM, I mean Yahoo / MSN Messenger, I mean Myspace, I mean Orkut, I mean Facebook.

        Facebook is terrified of falling to the next thing and sooner or later they will, just like everyone before them.

        Much as I dislike Trump and his public emanations of hot air, he does have a point.

        Trump would not have a point if you stuck his head in an oversized pencil sharpener, which sounds like a pretty good idea, now that I think about it.

        Social media are no longer neutral.

        They never really were, and they never ever were required

  • People who lie (Score:5, Insightful)

    by etash ( 1907284 ) on Thursday May 28, 2020 @04:14PM (#60117430)
    Don't like being pointed out that they do.
    • Don't like being pointed out that they do.

      Well, that explains things. Trump gets pointed out a *lot* -- like 15 times a day for the past 3 years -- no wonder he's so cranky. :-)

  • by alvinrod ( 889928 ) on Thursday May 28, 2020 @04:15PM (#60117436)
    Can we just do away with executive orders? We have a Congress that's been tasked with and elected to pass laws. If we wanted a king we could have just not had that whole silly war a few centuries back.

    Even if you might like this particular order, it doesn't have any real staying power, as has been shown by all of Obama's executive orders that Trump was able to undo with as little effort as was required to create them.
    • The republicans made a huge deal of it during the Clinton era but nothing happened.

    • Can we just do away with executive orders?

      Literally, no. You would have to do away with the authority of the presidency to get rid of EOs because they are just written versions of orders from the president.

      • by swillden ( 191260 ) <shawn-ds@willden.org> on Thursday May 28, 2020 @05:00PM (#60117800) Journal

        Can we just do away with executive orders?

        Literally, no. You would have to do away with the authority of the presidency to get rid of EOs because they are just written versions of orders from the president.

        The root of the problem is that we've given far too much power to the executive. Congress delegates way too much, which makes the executive, and therefore the president, far too powerful. The problem is that both parties think this is good when their guy is sitting behind the Resolute desk, and bad when the other team's guy is sitting there, so there's never enough political will to change it.

        • by paralumina01 ( 6276944 ) on Thursday May 28, 2020 @05:10PM (#60117860)
          The root of the problem are parties.
  • by Nidi62 ( 1525137 ) on Thursday May 28, 2020 @04:21PM (#60117454)

    if Trump doesn't like the way Twitter does things he can always go start up his own social media site, complete with blackjack and hookers. In fact, forget the blackjack(he doesn't do well with casinos). He'll just keep the social media company and the hookers, er, uh, pagent contestants.

  • by Dixie_Flatline ( 5077 ) <vincent@jan@goh.gmail@com> on Thursday May 28, 2020 @04:22PM (#60117460) Homepage

    Social media bias lawsuits keep failing in court:
    https://www.theverge.com/2020/... [theverge.com]

    And more to the point, Twitter didn't limit anyone's speech here, they plainly just ADDED speech, which is protected. If anything, this makes comment deletion less likely but comment editorializing MORE likely.

    • by bongey ( 974911 )
      Good job idiot 230 only applies if you are NOT the publisher.
  • by elainerd ( 94528 ) on Thursday May 28, 2020 @04:23PM (#60117468) Homepage

    with illegal acts and give up on 'fact-checking' their users...like the internet used to be.
    When did Ma Bell ever interrupt a phone call to tell someone to stop using the F word or inform the parties on the call that it didn't "approve" of their opinions.

    Unless it is illegal (fraud, sex offenses, etc), it's not any of Twitter, Facebook, etc business to control the information that people pass back and forth...that would be FASCISM, something our 1st Amendment is designed to protect against. I don't CARE that they are Private Companies. It doesn't matter. Like the phone company they have set themselves up to be a PUBLIC use service. If they don't like 'bad' opinions, they should get out of the business.

    If you are forced to have a REFEREE for public communication...YOU DON'T HAVE FREE SPEECH. You have TYRANNY.

    Remember when internet companies just wanted to be the BEST for their USERS?

    • by Cyberax ( 705495 )

      If you are forced to have a REFEREE for public communication...YOU DON'T HAVE FREE SPEECH. You have TYRANNY.

      Indeed. But nobody FORCES Trump to use Twitter. He's free to use any other means of communication.

      I might even agree with regulation if Twitter were a complete communication monopoly, but it's not even close. It's on the same level as, say, Fox Noose. Should it also be regulated?

    • Re: (Score:3, Insightful)

      When did Ma Bell ever interrupt a phone call to tell someone to stop using the F word or inform the parties on the call that it didn't "approve" of their opinions.

      Right, since Twitter works exactly like Ma Bell, where said opinions are expressed to one other person. It's almost like they are completely different, where a statement on Twitter gets broadcast to thousands if not millions of other people. Weird...

  • Good (Score:5, Insightful)

    by burtosis ( 1124179 ) on Thursday May 28, 2020 @04:26PM (#60117490)
    To say I’m not a fan of the trump administration is beyond understatement, but on the surface I agree with parts of this idea. Having a social media account on giants like Facebook are becoming a job requirement and these companies are becoming the new town square. I believe they should be treated like a utility and not be allowed to censor, ban or otherwise curate content unless it falls outside of the traditional freedom of speech enjoyed federally. Private electric companies aren’t allowed to switch off your electricity for political views, or even if you are a bad person and the same should be true of social media. However, I’m realistic about this and can see it backfiring where if Facebook or twitter is held accountable for content they go full algorithmic authoritarian and it becomes a nightmare or they just sidestep this by relocating to another country and treating America like a new China.
  • Could it be that Trump bribed the electoral college so that his losing vote was overturned by a tiny number of his supporters? I don't know, but people are talking...

    Maybe someone should investigate. After all, what's Trump got to hide?

    See? This innuendo and information corruption is so easy. Well, obviously it must be easy if Donald Trump can master it.

  • by Wycliffe ( 116160 ) on Thursday May 28, 2020 @04:29PM (#60117514) Homepage

    By removing their shield from liability, won't this force social media giants to *more* aggressively censor
    their platforms so they aren't held liable for third party content?

    • by bongey ( 974911 )
      No it will be impossible for them to filter everything. Since Twitter,Facebook and others have edited users posts, the posts are no longer the users posts. Now a twitter post from ISIS making a terrorist threat is now a terrorist threat from twitter.
    • He wants that (Score:5, Informative)

      by davecb ( 6526 ) <davecb@spamcop.net> on Thursday May 28, 2020 @05:21PM (#60117920) Homepage Journal

      No-one will be allowed to moderate, on pain of being a "publisher" of libel, and responsible for everything they post.

      In Cubby, Inc. v. CompuServe Inc., CompuServe was found not be at fault as, by its stance as allowing all content to go unmoderated, it was a distributor and thus not liable for libelous content posted by users. However, Stratton Oakmont, Inc. v. Prodigy Services Co. found that as Prodigy had taken an editorial role (ie, did moderation) with regard to customer content, it was a publisher and legally responsible for libel committed by customers (Wikipedia, https://en.wikipedia.org/wiki/... [wikipedia.org])

      Mr Trump would like no moderation, so that his statements could not be subject to moderation or, IMHO, even criticism

  • aren't the commies the ones who take control of private platforms limiting free speech? hypocritical at best.
  • If tech companies become liable for what users post, they are just going to add MORE fact checking and/or delete posts like the ones he makes. Then Trump is going to cry 'free speech' failing to remember that the Bill of Rights guarantees freedom FROM the government, not BY the government. Government can't infringe on speech, but private citizens and corporations sure can.

    • by bongey ( 974911 )
      Only if they want to edit users posts, having to filter everything would make the sites well worthless.
  • Such speed... (Score:5, Insightful)

    by neilo_1701D ( 2765337 ) on Thursday May 28, 2020 @04:37PM (#60117570)

    Trump gets corrected on Tuesday and signs an executive order on Thursday.

    Imagine if he had reacted to the coronavirus this fast.

  • Begun, the Clown Wars has.

  • by future assassin ( 639396 ) on Thursday May 28, 2020 @04:43PM (#60117640)

    was fact check one of his COVID tweets and he would have taken action against COVID the next day.

    Holly fuck the US has a man child at the helm.

  • The question of to what extent social media sites are responsible for content that people post, is not at all simple. Most people want some level of control, but the limits are not at all easy to agree on.

    False information? Hate speech? Pornography? Copy-write content? National security information?

    I think people need to shout less and think more about what works
     

  • If media companies, are modifying or casting a certain light on what you say... they deserve no protections.

    If they leave it unmodified they should be fully protected.

    Now... if your browser or some other utility, that the viewer chooses, fact checks for your or otherwise modifies the content another user posted... that doesn't break anything as far as how we use the internet as it removes dubious ability of fact checking from the platforms.

    It's the same deal as ISPs also providing media content... its a to
  • Trump (Score:2, Insightful)

    by GrahamJ ( 241784 )

    What a fucking idiot.

    • If you just say, "he is the dumbest person in the world," without mentioning a single name, everyone knows who you are talking about. In fact, a huge Trump supporter that I work with let one slip the other day about someone when he said it was kind of nice that person, "talked in complete sentences." Without mentioning a single name, I knew exactly who doesn't. LOL, if you google "world's dumbest person," Trump is in the block of pictures that come up above the search results.

      If I was Biden, I would just ru

  • by PrimaryConsult ( 1546585 ) on Thursday May 28, 2020 @05:04PM (#60117820)

    For everyone complaining about Trump, Biden wants it gone entirely:
    From a January Interview [nytimes.com]:

    Biden: I’ve never been a fan of Facebook, as you probably know. I’ve never been a big Zuckerberg fan. I think he’s a real problem. I think ——
    CW: Can you elaborate?
    Biden: No, I can. He knows better. And you know, from my perspective, I’ve been in the view that not only should we be worrying about the concentration of power, we should be worried about the lack of privacy and them being exempt, which you’re not exempt. [The Times] can’t write something you know to be false and be exempt from being sued. But he can. The idea that it’s a tech company is that Section 230 should be revoked, immediately should be revoked, number one. For Zuckerberg and other platforms.
    CW: That’s a pretty foundational laws of the modern internet.
    Biden: That’s right. Exactly right. And it should be revoked. It should be revoked because it is not merely an internet company. It is propagating falsehoods they know to be false, and we should be setting standards not unlike the Europeans are doing relative to privacy. You guys still have editors. I’m sitting with them. Not a joke. There is no editorial impact at all on Facebook. None. None whatsoever. It’s irresponsible. It’s totally irresponsible.

    Trump's approach, even if selfishly motivated, is actually the correct one - you're free to keep your section 230 protections if you don't censor or alter content.

  • by mysidia ( 191772 ) on Thursday May 28, 2020 @06:20PM (#60118252)

    Trump said he expects the executive order to draw a lawsuit.

    That doesn't make sense... The CDA Section 230 provides liability protection in the law itself, which cannot be overruled by an executive order. You should never hear from a judge: "Well, the law says X, but the president's executive order says Y (which there is nothing in the law to support), so we will ignore the law."

    The companies targeted could just ignore the executive order... No action needed to be taken: they don't have to sue. If anyone tries to sue them get the case dismissed pretty quickly just like it would if the executive order did not exist citing the CDA Section.

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