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Justice Department Proposes Weakening Social Media's Legal Shield

Which contract?


Let's use twitter as an example... Here are the terms of service... What part of the agreement is Twitter violating?
 
Let's use twitter as an example... Here are the terms of service... What part of the agreement is Twitter violating?
Im not seeing what point you are trying to make and i suspect you are just giving me the run around and wasting my time but I am going to humor you for now.

Excerpts from their TOS
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction.
Even twitter acknowledges that they are entering into a contractual agreement with their users.
2. Privacy
Our Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.
The user is consenting to an exchange of value between the parties. They want your data and we want their platform. Thats the deal being made.
 
Im not seeing what point you are trying to make and i suspect you are just giving me the run around and wasting my time but I am going to humor you for now.

Excerpts from their TOS

Even twitter acknowledges that they are entering into a contractual agreement with their users.

The user is consenting to an exchange of value between the parties. They want your data and we want their platform. Thats the deal being made.

Earlier you asserted that they were not honoring the agreement. Which part of the agreement are they not honoring?
 
Earlier you asserted that they were not honoring the agreement. Which part of the agreement are they not honoring?
They are removing political content based on their own partisan beliefs which is not in their terms of service as a condition of the service and after they have already been compensated by the user.
Just as an example say i am a gay guy and i unknowingly go into an anti gay bakery because the bakery has signs up saying we serve everyone. I order a cake and they take my money for it but dont give me the cake. When i ask where my cake is they tell me i violated their terms of service (without even explaining that the violation is that they don't serve gays) so go away and they wont give me a refund either. That is essentially how these companies are conducting business with conservatives.
 
I reject the notion that a tech company should have unlimited and unregulated power to engage in behavior modification.
They would too, if the ideologies were reversed. The know it, too. They just cannot be honest when it comes to their ideology.
 


Looks like Trump is getting upset that private companies were able to set rules and limits for what they allow to be posted on their apps. I don't think this is a good move, it's clearly just reactionary nonsense and Trump's desire to bring the hammer of government against the free exercise of rights.
You know that the Communications Decency Act of 1996 was held to be unconstitutional, right?

Communications Decency Act ruled unconstitutional

Businesses, like Facebook and Twitter, have no rights. Only individuals have rights, not businesses.
 
So what you're saying is, you hate freedom of speech and freedom of association.
Give me a second to review.....Nope didn't say any of that. We had freedom of speech and freedom of association long before the internet. It was actually in the constitution. Before telegraph, telephone, television or the web. We will have it when social media is gone. That it finds a way to filter people inciting violence and politicians telling outright lies. Eventually if politicians can't tweet without sticking closer to the truth, well then maybe they'll learn to behave. Once they take public office, they take a responsibility to those they serve. All of them. Not just the ones who voted for them.
 
The concept of what a debate is eludes you
I have no trouble addressing your arguments, when they stay on topic and don't get too personal, hence why you have never been added to a list of those I need to simply ignore, heck occasionally you still say something I believe to be spot on. We have history, and believe it or not I respect your opinion, though I may not agree with it often.
Enough...
 
I have no trouble addressing your arguments, when they stay on topic and don't get too personal, hence why you have never been added to a list of those I need to simply ignore, heck occasionally you still say something I believe to be spot on. We have history, and believe it or not I respect your opinion, though I may not agree with it often.
Enough...
So what was taking jabs at me about?
I dont mind if you disagree but explain why you disagree. Believe it or not, my mind can be changed when the argument is convincing to me. Even when i dont change my mind i can better respect you if I know where you are coming from.
 
They are removing political content based on their own partisan beliefs which is not in their terms of service as a condition of the service and after they have already been compensated by the user.

Are they, though?

No one has ever really demonstrated this claim, although it certainly is a common one.
 
Thats like me starting my own newspaper with thousands of reporters and claiming im not responsible for what is being published because there is too many reporters on my staff for me to police them so i only police the ones i dont like.

Terrible analogy. Newspapers must decide every story to include. Social media sites must decide every post and person to exclude.
 
You know that the Communications Decency Act of 1996 was held to be unconstitutional, right?

Communications Decency Act ruled unconstitutional

Businesses, like Facebook and Twitter, have no rights. Only individuals have rights, not businesses.

Corporations have been legally considered to be people for a long time. They are given rights, regardless of whether they deserve them.
 
Are they, though?

No one has ever really demonstrated this claim, although it certainly is a common one.
That is a fair question. It is a very common complaint and these companies have been guarded with their explanations. The lack of disclosure on their end is another problem, i just had not touched on yet. The entirety of the problem is a deep rabbit hole. IMO this fight needs to take place in the courts where the question your asking will get answered truthfully
 
That is a fair question. It is a very common complaint and these companies have been guarded with their explanations. The lack of disclosure on their end is another problem, i just had not touched on yet. The entirety of the problem is a deep rabbit hole. IMO this fight needs to take place in the courts where the question your asking will get answered truthfully

Even without Section 230, which precludes lawsuits entirely, it'll never go to the Courts.

Where's the injury?
 
Terrible analogy. Newspapers must decide every story to include. Social media sites must decide every post and person to exclude.
Not my best analogy but don't call it terrible, show some compassion, lol.
My overall point is that they are in breech of contract with their users and the gov should not shield them from being liable for damages.
 
Not my best analogy but don't call it terrible, show some compassion, lol.

:rolleyes:

My overall point is that they are in breech of contract with their users and the gov should not shield them from being liable for damages.

I am no expert on social media and the law, but I can't imagine social media sites being held responsible for every single post there, as long as they can demonstrate a clear and effective plan for immediately getting rid of the worst posts.
 
My overall point is that they are in breech of contract with their users and the gov should not shield them from being liable for damages.

Again, are they?

I don't use much social media, but I'd be utterly shocked if every single one of them didn't had a clause like the following (taken from this site TOS):

We may remove or modify any Content submitted at any time, with or without cause, with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice.
 
Even without Section 230, which precludes lawsuits entirely, it'll never go to the Courts.

Where's the injury?
You ask great questions.
Off the top of my head i can think of two forms of monetary damages
1. If the user is a business that uses the format in order to advertise their product. That is something that can demonstrated in court and they should be compensated for their losses
2. The users information that the platform is taking is being monetized and the user should be entitled to that money if its determined that there is in fact a contract breech
 
Corporations have been legally considered to be people for a long time. They are given rights, regardless of whether they deserve them.
No, they haven't, but I understand that is the leftist spin taken from their misunderstanding and mischaracterization of Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). Why is that leftists always feel the need to deliberately lie?
 
No, they haven't, but I understand that is the leftist spin taken from their misunderstanding and mischaracterization of Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). Why is that leftists always feel the need to deliberately lie?

There you go again with the projection. 😁


Any other stupid comments?
 
:rolleyes:



I am no expert on social media and the law, but I can't imagine social media sites being held responsible for every single post there, as long as they can demonstrate a clear and effective plan for immediately getting rid of the worst posts.
I'm not a legal expert either. I'm voicing my unprofessional opinion only.
What i think they are responsible for is following the terms of service that they entered into with their users.
The allegations that I have heard seem to be violating their contractual obligation to certain users. If their policy is that they censor conservative speech, that should be clearly included in the tos
 
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