- Feb 22, 2017
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I've said before that I think maybe we need to consider regulation of search engines and social media sites as utilities like telephone companies are. I'm open to discussion on it though.
So can you imagine having <your> home, work, or cellphone disconnected because someone else didn't like <your> conversation or text?
Why do <you> think that social media and search engines should be treated differently?
Three reasons that social media and search engines should be treated differently.
1. They are a purely optional recreational items.
2. There are more than 150 search engines, that I know of and likely 10 times that many. When I had a home phone I was lucky to have 3 choices.
3. The most important distinction is that we do not hold phone companies responsible for what people say over their phone lines, but social media sites are held responsible for what is posted on their sites and search engines are held responsible for their results. When phone companies are held to these same standards then we can talk about this more.
1. A home phone is "optional" these days but they're still regulated. And frankly no one can really utilize the internet without a search engine so that one doesn't even qualify as "optional." Frankly, the argument that its "optional" or "recreational" is IMO a cop-out and quite frankly is irrelevant.
Like, do you think that cable TV isn't "recreational"? Yet, it's regulated - Cable Communications Policy Act of 1984 - Wikipedia (And I'll note it's almost exactly the same "principle" issue with social media and search engines - see my bolded)
"In order to balance power between cable television operators and the government, the act established regulations regarding franchise standards and proceeds that would attempt to strengthen the development of cable systems. The act gave municipalities, governing bodies of cities and towns, principal authority to grant and renew franchise licenses for cable operations. By establishing an orderly process for franchise renewal, the act protected cable operators from unfair denials of renewal. However, in order to be granted a franchise renewal, the act specified that cable operators' past performances and future proposals had to meet the federal standards in the new title. The act was meant to reduce an unnecessary regulation that could have potentially brought about an excessive economic burden on cable systems.[2]
In return for establishing franchise standards and procedures, the act specified that cable operators were expected to be receptive to their local communities' needs and interests. Congress recognized the vital role of cable television in encouraging and providing a place for free expression. This provision assured that cable communications provide the general public with "the widest possible diversity of information sources and services." Through this statute, Congress attempted to uphold the First Amendment interest of cable audiences to receive diversified information as specified in the Red Lion Broadcasting Co. v. Federal Communications Commission court case of 1969.[3]"
Also: Public utilities (that are regulated) are organizations that maintain an infrastructure for a public service; this includes things like electricity, natural gas, water, sewage, telephone, transportation, and broadband services [cable service and ISPs] as well (aka Net Neutrality via FCC - Mobile data service for smartphones and tablets, in addition to wired lines, is being placed under the new rules. The order also includes provisions to protect consumer privacy and to ensure that Internet service is available to people with disabilities and in remote areas. See also: Title II - index.html )
2. There are a crap ton of phone companies too son. See List of United States telephone companies - Wikipedia and cellphones [wireless providers] here: List of United States wireless communications service providers - Wikipedia
3. Uhm no... You're dead wrong. The argument (largely being made by the left) is that they /should/ be treated that way, held liable for the content they allow to be published, but they are /not/ presently.
"Companies such as Twitter and Facebook are keen to describe their sites as enabling communications, rather than publishing content – a crucial distinction which means that they are not liable for trolling or abuse. But for anyone on the receiving end of violent abuse and threats of rape or murder, the sheer size and profitability of their operations must mean that this distinction is becoming increasingly untenable.
Both companies insist though that legally they are communications companies – just conduits for information who cannot be held liable for that content – in the same way BT cannot be sued over obscene phone calls. However, both also operate teams to investigate "flagged" content and remove it where they feel it is justified.
Being a communications company rather than a publisher means significantly less responsibility and expense, because it can claim to be a platform for discussion, rather than a publisher of opinion which could be held to be libellous or threatening." - Publishers or platforms? Media giants may be forced to choose
See also: Section 230 of the Communications Decency Act, which states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” - There's a decent write up about 230 issues for websites here (also some 513 issues) This particular article is WELL worth the read if you're serious about this discussion - Understanding the Legal Issues for Social Networking Sites and Their Users - FindLaw
Perhaps you are correct, we should treat social networks and phone companies the same. Thus phone companies should be allowed to listen to and record every call made on their lines/network. And then transcripts of these calls should be made public the same manner that my FB are.
Once we do that, then we can regulate them the same way.
Let me know once that kicks in.