Facebook, EU and Mark Zuckerberg discussed on The Cracked Podcast


What matters more. Our terms of service, believe it or not like humble is their private policies have much more power than even the first amendment, right? They decide who gets heard who gets read the companies. And so whereas we once thought of a state actor is being in charge of as the sensor, you know that we, we worry about an the first amendment protects against first amendment has no application to private companies. Creepy. Yeah, I thought that amendment was comprehensive exactly that. Oh, no. And so like now you have this situation where the law is superseded by whatever guidelines Mark Zuckerberg wants to put out on Facebook. Sure, yeah. And even if the people that are victimized by that are gab dot a I in the outright and the daily Stormer in quote, unquote hate speech. We should still be given pause when that happens. Right? Yeah, sure. Yeah, you know. And so the question is, what do you do then if this is the situation like, how do you apply some of these first amendment principles to private companies? How do you apply any kind of regulation from a government to a private company? Yeah, I'm also it's very thorny and it's also very modern and it's now in thinking in my head, like my president is a septuagenarian and my US Senator is an octogenarian and not not to be just but I could use like web savvy people making these laws, please like it's a whole different thing. Exactly. I'm sure you saw that those. Two days when Mark Zuckerberg Facebook went to Capitol Hill the testify in some of the questions centers and having asked him prove that they'd never used Facebook. Yeah, it was years ago, but I think it was the Alaska Senator. Ted Stevens said that the internet is a series of tubes, and then it was sort of a everyone laughed and ha. But if I was a legislator, I would be like, I don't wanna be Ted Stevens. I'm gonna know everything. I'm going to figure this out that was a warning, but they haven't. It seems like that. And so now this big question is like, how do we regulate private companies that control the public square and what kind of regulation do we want? Yeah, turns out the kind of regulation that people want now on these private companies is not the guarantee of free speech for the gap at a is it's not the guarantee of web hosting for science. I like the daily Stormer. What people really want right now is for the government to make these companies keep those folks off line. Really, we have seen in Europe the EU just put into effect what's called the GD PR the general data privacy regulations? Every one billion emails about, yes, I know what's happening. So basically it says one, these companies like Facebook and Twitter have to get your permission before they use your data. They gotta tell you where it's going. They gotta tell you if your data is compromised, but there's also stricter regulation. Now over the types of speech allowed on these platforms in a lot of hate speech, the. E was cracking down on saying Facebook, Twitter, you gotta take it off. So my question going into this initially was how do we make sure that the public square owned by private hands stays totally fair and open right. In fact, most governments if they wanna do anything regulate these private owners of the, they want to allow them the ability to make it more closed. Yeah, because I wrote Reagan situation where I use Twitter quite a bit, and I know people who are changing their location to be somewhere in Germany or in France. Because in those two countries, the government takes down any tweets that are white nationalist supremacist hate speech because of existing laws about, you know, having gone through World War Two and so on. But that you get a different and more closed maybe in a good way version of the internet if you lived there. Exactly. And I mean, some might say that there is there is good to be had by having a nicer internet. There is this very obscure section to thirty of the Communications Decency Act here in America that wants to well, one that whole act was meant to like, make sure the communication stayed decent hints the name, but also wanted to make sure that these companies didn't have to shoulder the burden of some of these hard choices that you face. Right? So section, two thirty says, internet services are not to be construed as publishers. Basically they are not legal or liable. Sorry, basically they're not liable for the for for what third party say on their services. So Facebook isn't legally liable. If Joe blow calls me the n. word on. Facebook in post is not Facebook's problems to solve. They can solve it if they want to, but I can't sue Facebook and get money out of that at the rake cents. It's Joe. Yeah, it's Joe Joe. And so you have this situation where there's a patchwork of regulation based on where you are of these gatekeepers of the internet. So the EU is saying, we're going to crack down on speech in America is either saying, we don't know how to regulate it. We don't want to or Facebook do what you want and like no one is in charge except for these private companies ultimately, because when you end up in that kind of situation where there is where there is no leadership, the companies just kind of do what they wanna do willy nilly. That's amazing. And I guess we just never really think about it too, and it's just confusing even with this GDP our roll out, you know how everyone's been getting these emails about your privacy and your data. I got one from NPR this week, saintly enough, but they've come. From all over. The thing with the emails is that like they're only like really legally binding in Europe because GDP our rules only apply in Europe. They're sending you these emails in the US kind of as a formality, but it it's not binding Facebook in America doesn't have to adhere to the same standards as do in the EU. So even if you get the same Email that that that like the EU the got over there, it's not the same for you, which is more confusing if that makes sense. But it doesn't make sense more confusing. Siennas seems really, really wonky to have a patchwork of laws for an internet. That's kind of the same no matter where you are on the planet. Exactly. It doesn't make any sense. Exactly. So it's like. The more that I dig into this stuff. The more I am perplexed and confused and dismayed.

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