The guy is talking about "search results" and what makes it to trending, not so much the content itself. The user is always responsible for his own content, but why shouldn't the publisher also be responsible if they have proven they had the power to filter it out with mysterious algorithms and didn't? Facebook/Twitter/Reddit are totally responsible for any CP traded there if they don't do anything to remove it as soon as possible.
why shouldn't the publisher also be responsible if they have proven they had the power to filter it out with mysterious algorithms and didn't?
The details seem a nightmare to regulate. What happens if they have a CP filter, but an item of CP makes it through? Are they then hit with the penalty for CP distribution? "As soon as possible" sounds impossible to litigate. I like CP as an example because Twitter doesn't want to distribute that (ostensibly). This isn't a matter of viewpoint filtering. This is a matter of law enforcement.
Having thought about it some more, perhaps there is more than one element of regulation. One goal is: you want pirated and otherwise illegal material taken down. The other is, I think: you want some fairness in moderation, lack of viewpoint discrimination. You can address these separately.
The guy is talking about "search results" and what makes it to trending, not so much the content itself. The user is always responsible for his own content, but why shouldn't the publisher also be responsible if they have proven they had the power to filter it out with mysterious algorithms and didn't? Facebook/Twitter/Reddit are totally responsible for any CP traded there if they don't do anything to remove it as soon as possible.
The details seem a nightmare to regulate. What happens if they have a CP filter, but an item of CP makes it through? Are they then hit with the penalty for CP distribution? "As soon as possible" sounds impossible to litigate. I like CP as an example because Twitter doesn't want to distribute that (ostensibly). This isn't a matter of viewpoint filtering. This is a matter of law enforcement.
Having thought about it some more, perhaps there is more than one element of regulation. One goal is: you want pirated and otherwise illegal material taken down. The other is, I think: you want some fairness in moderation, lack of viewpoint discrimination. You can address these separately.