Florida Gov. DeSantis Has Just Signed A Bill Into Law That Would Allow Everyday Floridians To Sue Big Tech Platforms For Monetary Damages

Some people only know each other on facebook. Catch a ban for some undisclosed reason and that communication llink is GONE. Yeah, it is a monopoly for many purposes.

Given the type of business it is in the contractual relationship with users, you should have some sort of recourse. Like being able to sue these motherfuckers to at least give them the information so they can go find these other people a different way.

It's not a monopoly, not even close. Monopolies can never really exist without laws propping them up (and sorry, 230 doesn't do that). And even if it was a kinda-sorta-almost monopoly, that's still no excuse to give government an actual monopoly over social media moderation. And please let's not go through the tiresome exercise of you denying that, and trying to claim that it's "merely" regulation, or tort, or whatever other bullshit excuses are floating around. This about establishing government authority over what moderation is "allowed", and what isn't, on social media. That's power politicians have lusted after since the internet began, and you're advocating giving it to them. I think that's a really bad idea.
Fair enough.

I concede the point.

You're right.

It's just that the mere thought of killing open discourse rubs me the wrong way. I can't reconcile the conflict. They are unethical kuuuunts and everybody knows it. I want to chop their motherfucking heads off.

I guess this will eventually end in violence, one way or another. Valar Morghulis.
 
They can't discriminate based on idelogy alone, nor should they be allowed to.
Why not? It’s their website.
For the same reason AT&T can not.
Wrong.
you think AT&T can discriminate? Sorry...https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I

(a)Charges, services, etc.
It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
LOLOLOLOL

So you think Facebook is a common carrier, huh? :cuckoo:
Of course they are


A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee. The term is also used to describe telecommunications services and public utilities.
After YOU posted the definition of a common carrier, which includes...

A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee.

... I can only presume you refuse to answer my question about how much does it cost to post on Facebook because that caused you to realize your own post with that definition utterly destroyed your claim that Facebook is a common carrier.

:dance:
why did you cut off my quote? I find you lost all cred when you did that.

Here is the remainder of the quote for those paying attention at home "The term is also used to describe telecommunications services and public utilities."

Facebook et al aren't considered them now under the law, the issue presented and being discussed is treating them like one
LOL

You even admit the part I cut off is irrelevant. But I suppose you had to whine about something after embarrassing yourself like that.
lord not....it’s why they cii op is be common carriers
 
a state has jurisdiction over any business that does business in their state.

this law doesn’t infringe on their first amendment rights...they are free to make any statement they want

with that said, if the argument is that they are making statements by blocking post they disagree with, then they certainly will lose their 230 immunity
The definition of doing business requires they have at least "minimum contacts" in the state. Which may require a sizeable number of commercial sales within the state.
hahaha how many people in Florida and how many Florida business do you think are on facebook in florida?

and since when did minimal contacts equal sizable sales??
hahaa
 
Yes they are conducting business in Florida. I'm in Florida, and I can go to Twitter right this minute. What computers they have in Florida, doesn't matter. What matters is our computers with them, in our computers.

If you were paying twitter in order to view their tweets, they would be doing business in Florida. But if their site is merely "viewable" in another state, doesn't mean they're doing business there.
I can view russian websites, but unless they sell me a russian bride, they're not doing business in the USA.
why do you just lie? all a business has to do, to have the minimal contacts is purposeful avail itself to do business in a state

tweeter, facebook, google etc all do that.

they all avail themselves...and in fact do business in florida with florida residences
 
If you are held accountable for breaking the rules, there is nothing you can sue over.
What if a user is censored despite not having broken the TOS?

Then they are still SOL. There is no "right" to post on a message board or social media. You are subject to the whims of that platform, period.

Now, I've had posts pulled here, which I've disagreed with, while I've seen some stuff left up that clearly violates TOS that no one does anything about. But you have to kind of accept that, their game, their rules.
 
why do you just lie? all a business has to do, to have the minimal contacts is purposeful avail itself to do business in a state

tweeter, facebook, google etc all do that.

they all avail themselves...and in fact do business in florida with florida residences

When you have a business on the internet, you are exposing it to everybody in the country and even the world. People have to turn on their computer, connect to the internet, sign into your site, hit an "agree" button to all the terms and regulation, and you can proceed to use that service.

That's much different than a business that opens up in a state with a brick and mortar or office building where you are physically doing business from that location. I think that even if California made limitations on what Twitter or Facebook could do, they'd have a hard time trying to control how they operate their business from a legal standpoint.
 
If more states follow suit, it is a viable option for them.
That's the Pandora's box we're talking about here. What if New York and Vermont regulated that FB or Twitter cannot allow conservative posts on their service without getting fined? How about if 30 states each created their own regulations? What if California regulated nobody on FB is allowed to post stuff like this and the dozens of memes like it?

Bodywash.jpeg
 
why do you just lie? all a business has to do, to have the minimal contacts is purposeful avail itself to do business in a state

tweeter, facebook, google etc all do that.

they all avail themselves...and in fact do business in florida with florida residences

When you have a business on the internet, you are exposing it to everybody in the country and even the world. People have to turn on their computer, connect to the internet, sign into your site, hit an "agree" button to all the terms and regulation, and you can proceed to use that service.

That's much different than a business that opens up in a state with a brick and mortar or office building where you are physically doing business from that location. I think that even if California made limitations on what Twitter or Facebook could do, they'd have a hard time trying to control how they operate their business from a legal standpoint.
Yes, states and even foreign nations have jurisdictions over internet based companies.

Agreed, it's very different then a mom and pop shop that's local. But then again, a mom- and pop shop that is on line, and avails itself to sell products and services across the State line could be sued in another state.
 

Smile
Good luck imposing laws on companies in other states.
So if you are on a Forum and live in Florida but it is run in New Jersey that would negate the law?
 
They can't discriminate based on idelogy alone, nor should they be allowed to.
Why not? It’s their website.
For the same reason AT&T can not.
Wrong.
you think AT&T can discriminate? Sorry...https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I

(a)Charges, services, etc.
It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
LOLOLOLOL

So you think Facebook is a common carrier, huh? :cuckoo:
Of course they are


A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee. The term is also used to describe telecommunications services and public utilities.
After YOU posted the definition of a common carrier, which includes...

A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee.

... I can only presume you refuse to answer my question about how much does it cost to post on Facebook because that caused you to realize your own post with that definition utterly destroyed your claim that Facebook is a common carrier.

:dance:
why did you cut off my quote? I find you lost all cred when you did that.

Here is the remainder of the quote for those paying attention at home "The term is also used to describe telecommunications services and public utilities."

Facebook et al aren't considered them now under the law, the issue presented and being discussed is treating them like one
LOL

You even admit the part I cut off is irrelevant. But I suppose you had to whine about something after embarrassing yourself like that.
lord not....it’s why they cii op is be common carriers
Of course you did. You pointed out Facebook isn't a telecommunication service or a public utility.

So now I see you whined about me cutting out irrelevancies as a diversion from you pointing out a requirement of a common carrier is paying them for their service whereas Facebook is free to members.
 
Trump has NOTHING to do with this
Don’t be so naive.
Really the only thing Trump has to do with this, is the treatment of him by Facebook, Tweeter etc highlighted the problem on a big stage.
It’s specifically the reason that the first sections of the bill deal with politicians.
There are a lot of politicans...and a lot of politicans have been targeted by Facebook et al.

Trump was one as well...and it was really highlighted in the 2020 election. One example was how they blocked a negative story about the Xiden family corrupt business practices overseas.
 
They can't discriminate based on idelogy alone, nor should they be allowed to.
Why not? It’s their website.
For the same reason AT&T can not.
Wrong.
you think AT&T can discriminate? Sorry...https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I

(a)Charges, services, etc.
It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
LOLOLOLOL

So you think Facebook is a common carrier, huh? :cuckoo:
Of course they are


A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee. The term is also used to describe telecommunications services and public utilities.
After YOU posted the definition of a common carrier, which includes...

A common carrier is defined by U.S. law as a private or public entity that transports goods or people from one place to another for a fee.

... I can only presume you refuse to answer my question about how much does it cost to post on Facebook because that caused you to realize your own post with that definition utterly destroyed your claim that Facebook is a common carrier.

:dance:
why did you cut off my quote? I find you lost all cred when you did that.

Here is the remainder of the quote for those paying attention at home "The term is also used to describe telecommunications services and public utilities."

Facebook et al aren't considered them now under the law, the issue presented and being discussed is treating them like one
LOL

You even admit the part I cut off is irrelevant. But I suppose you had to whine about something after embarrassing yourself like that.
lord not....it’s why they cii op is be common carriers
Of course you did. You pointed out Facebook isn't a telecommunication service or a public utility.

So now I see you whined about me cutting out irrelevancies as a diversion from you pointing out a requirement of a common carrier is paying them for their service whereas Facebook is free to members.
Currently they aren't regulated as such, but should be in my opinion, and appears to be the way things are headed...even the SCOTUS openly discussed it.

That's the point I was making.
 
Yes, states and even foreign nations have jurisdictions over internet based companies.

Agreed, it's very different then a mom and pop shop that's local. But then again, a mom- and pop shop that is on line, and avails itself to sell products and services across the State line could be sued in another state.

No they cannot. They may have tax issues. I know that happened here in Ohio. They regulated that internet companies must charge our citizens the normal state tax as any other business. If they didn't, we would take them to court for taxes owed to the state. But that's much different than trying to regulate a companies TOS. Nobody can sue a company or create a law to do that. And again, if they can do that, then why can't 30 other states each with their own regulations?
 
It's just that the mere thought of killing open discourse rubs me the wrong way. I can't reconcile the conflict. They are unethical kuuuunts and everybody knows it. I want to chop their motherfucking heads off.

Agreed. It bothers me too. But I'm hoping we can avoid decapitations. ;)

I think the solution - just over the horizon - is applying the decentralized model of a blockchain network to social media. There are several initiatives in the works to do just that. This will make social media much harder to control, both for corporations and government. I give FB and Twitter five years, at most.

 

Smile
Good luck imposing laws on companies in other states.
So if you are on a Forum and live in Florida but it is run in New Jersey that would negate the law?
States can't dictate laws in other states. A person who breaks the law can only be charged by the state where the law was violated.
 
Yes, states and even foreign nations have jurisdictions over internet based companies.

Agreed, it's very different then a mom and pop shop that's local. But then again, a mom- and pop shop that is on line, and avails itself to sell products and services across the State line could be sued in another state.

No they cannot. They may have tax issues. I know that happened here in Ohio. They regulated that internet companies must charge our citizens the normal state tax as any other business. If they didn't, we would take them to court for taxes owed to the state. But that's much different than trying to regulate a companies TOS. Nobody can sue a company or create a law to do that. And again, if they can do that, then why can't 30 other states each with their own regulations?
The test if a business has min contacts to establish personal jurisdiction over a business, comes out of International Shoe Co. v Washington:

(1) The nonresident defendant must do some act or consummate some transaction with the forum or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections[;] (2) the claim must be one which arises out of or results from the defendant's forum-related activities[; and] (3) exercise of jurisdiction must be reasonable

So when Facebook puts itself out on the internet, and ask for money for ads...from says Disney...it's satisfied the test.
 

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