I mean, truth is I'm not sure myself if I'm making an ethical or legal argument. I'm no lawyer and don't know case law. I think if someone asks for a book on health and you give them garbage that's legal. If they ask for an art book and you give them CSAM that's not, and 230 knows that. - ThreadSky

csciuto.bsky.social • 2 days ago

I mean, truth is I'm not sure myself if I'm making an ethical or legal argument. I'm no lawyer and don't know case law. I think if someone asks for a book on health and you give them garbage that's legal. If they ask for an art book and you give them CSAM that's not, and 230 knows that.

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csciuto.bsky.social•2 days ago

I am a programmer and I'm fine we sell tools that can injure. So does Home Depot. I'm a lot iffier about when the product injures by design or is indifferent to it. But again, ethics or legality I'm not sure. Bookstore or tobacco company?

csciuto.bsky.social•1 day ago

I'm a card-carrying member of @eff.org . They have great points about why the Take it Down act is bad. What the UK is doing to encryption. But I struggle with the have-your-cake-and-eat-it-too game of promoting harmful content and also denying knowledge it's there or ability to better control it.

lizardky.bsky.social•1 day ago

“Harmful”<> “illegal”.

All speech someone wants to censor is speech they claim is harmful. No one says “This must be banned because it’s harmless! Good, even!”

If, say, the head of HHS claimed recommending *vaccines* was harmful, would you give him the tools to ban speech promoting vaccines?

csciuto.bsky.social•1 day ago

Yes, 100%. Back during COVID when people were clamoring for censoring "misinformation" my head was on that was a wildly dangerous law. Fortunately and unfortunately, I was right.

But tobacco is harmful and not illegal and it's been highly regulated and found to have liability.

jimmydeltaone.bsky.social•1 day ago

are vaccines actually harmful?
how about nazi recruiting ads?

lizardky.bsky.social•1 day ago

As is the tradition of my people, I answer your question with a question: How would the people who will make those decisions and enforce them by law for at least the next 4 years answer that question?

jimmydeltaone.bsky.social•1 day ago

as is the tradition of my people, i nod knowingly in the direction of your rhetorical question

csciuto.bsky.social•1 day ago

If you're not familiar with it, the Force case I mentioned is pretty much exactly the latter case.

And, to my broader point, the outcome of this case always struck me as gross but I can't decide what *law* could've prevented this without doing greater harm.

https://www.eff.org/document/eff-amicus-brief-force-v-facebook-2d-circuit

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