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Supreme Court Declines To Hear Bid To Sue Reddit Over Child Porn - Slashdot

 10 months ago
source link: https://yro.slashdot.org/story/23/05/31/0446207/supreme-court-declines-to-hear-bid-to-sue-reddit-over-child-porn
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Supreme Court Declines To Hear Bid To Sue Reddit Over Child Porn

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An anonymous reader quotes a report from Reuters: The U.S. Supreme Court on Tuesday declined to hear a bid by child pornography victims to overcome a legal shield for internet companies in a case involving a lawsuit accusing Reddit Inc of violating federal law by failing to rid the discussion website of this illegal content. The justices turned away the appeal of a lower court's decision to dismiss the proposed class action lawsuit on the grounds that Reddit was shielded by a U.S. statute called Section 230, which safeguards internet companies from lawsuits for content posted by users but has an exception for claims involving child sex trafficking. The Supreme Court on May 19 sidestepped an opportunity to narrow the scope of Section 230 immunity in a separate case.

Section 230 of the Communications Decency Act of 1996 protects "interactive computer services" by ensuring they cannot be treated as the "publisher or speaker" of information provided by users. The Reddit case explored the scope of a 2018 amendment to Section 230 called the Fight Online Sex Trafficking Act (FOSTA), which allows lawsuits against internet companies if the underlying claim involves child sex trafficking. Reddit allows users to post content that is moderated by other users in forums called subreddits. The case centers on sexually explicit images and videos of children posted to such forums by users. The plaintiffs -- the parents of minors and a former minor who were the subjects of the images -- sued Reddit in 2021 in federal court in California, seeking monetary damages. The plaintiffs accused Reddit of doing too little to remove or prevent child pornography and of financially benefiting from the illegal posts through advertising in violation of a federal child sex trafficking law.

The San Francisco-based 9th U.S. Circuit Court of Appeals in 2022 concluded that in order for the exception under FOSTA to apply, plaintiffs must show that an internet company "knowingly benefited" from the sex trafficking through its own conduct. Instead, the 9th Circuit concluded, the allegations "suggest only that Reddit 'turned a blind eye' to the unlawful content posted on its platform, not that it actively participated in sex trafficking." Reddit said in court papers that it works hard to find and prevent the sharing of child sexual exploitation materials on its platform, giving all users the ability to flag posts and using dedicated teams to remove illegal content.
        • Clearly because Hunter Biden is after her with the help of Anti-fa and George Soro's Space Laser. She won't get far though, the Bill Gates Microchip in her shows her exact location. Study it out!
        • Re:

          Because she's a nutter?

          • by Ol Olsoc ( 1175323 ) on Wednesday May 31, 2023 @11:31AM (#63564315)

            Wonder why Biden’s accuser has just defected to Russia? https://theguardian.com/us-new... [theguardian.com]

            Because she's a nutter?

            Sounds like every Republican sponsored thing - they have a million accusations, but when put to the test, the whistleblowers/witnesses seem to be missing. And since the Republican party is now the 5th column of Russia and subservient to Dear leader Putin - why wouldn't she head to a place where she is among other Republicans in their homeland?

            • Re:

              Just imagine the headlines if a democrat spent their 4th of July vacation in Moscow. https://thehill.com/homenews/s... [thehill.com]

              • Re:

                Just imagine the reaction if a Democrat activley demands suspending the Constition, like Party leaders Trump and Desantis are planning.

                Hard to call yourself a patriot if you want to eliminate the constitution.

                Or increasingly looking like their ideological leader and most popular Republican has committed espionage. Just sayin, not sayin'

              • Re:

                Why imagine?
                The headlines call it "innocuous"
                https://www.newyorker.com/news... [newyorker.com]

                Granted it was in June rather than July but still.

          • Re:

            It would be hard to outcrazy E Jean Carroll and she got paid. It's more proof that me too only works if you don't point at Democrats.

    • Re:

      You are looking in the wrong direction:
      https://www.dailykos.com/stori... [dailykos.com]

    • Re:

      "Accidentally"
    • Re:

      If you're going to be pedantic, at least be correct. 16 would be ephebophilia; hebephilia is around 11-12 and they still look like little kids, so yes there's very much something wrong with wanting to see that and since it's easy to spot, you don't have people going to prison accidentally. But if you're on a sub called "jailbait", you're not seeing 16yos "by accident", and when it's not by accident, yes there's something wrong with watching porn where proper consent isn't given (and even where 16 is legal f
      • Society also once said that being gay or trans was an illness. Be patient; in a few more years, this too will change. #LoveIsLove
  • How the fuck did shitty Reddit - with their painful and ugly interfaces, grossly too-powerful mods and painful search and sorting - take over discussion groups?!
    • Re:

      That you, Slashdot?

    • How the fuck did shitty Reddit - with their painful and ugly interfaces, grossly too-powerful mods and painful search and sorting - take over discussion groups?!

      You answered your own question. Those "grossly too-powerful mods" have kept the site from being overrun by trolls and scammers like every other discussion group site.

      If you have a popular site, either you enforce moderation with an iron fist or you watch it go down in flames. I'm not defending Reddit as a paragon of open discussion, but at least they have kept the doors open and the lights on.

      • I remember when reddit had to start cordoning off r/conservative because their users wouldn't stop brigading (e.g. doing an organized crap flood) to other forums. 90% of the left wing forums there will ban you if you even post to r/conservative. Not because of freeze peach, but because it was the only way the mods of these (often very small) forums could keep up.

        The BLM forums in particular had to do that as they were flooded with conspiracy nutters claiming they were George Soros funded anti-fa techno mermaids or something.

        I can understand why they'd use automated systems to ban r/conservative posters. It was the only way a tiny group of mods can filter out the trolls. But it is kind of annoying since it means anyone who fell down the r/conservative rabbit hole is kind of lost to you. You have to hope other forms and forums reach them.

        Reddit does have some centrist forums. But the modern conservative movement has shifted so far right they seem positively leftist by comparison. I mean, what passes for conservatives just tried to default on the US Debt in exchange for a budget that many said would've done more damage than a default.

        They're not a serious party anymore, and there's a lot of infighting between those lunatics and the few Bush Sr style and Goldwater Republicans left. It spills over to reddit and makes a mess of things.
          • Re:

            If you don't see how all of that material is on the same topic, it tells us about you, but it doesn't say anything about him.

            If you need any words explained for you, I suggest dictionary.com. If you want to understand the ramifications and don't, I suggest paying attention.

              • Re:

                The battles between liberals and conservatives on reddit are obviously directly material to a conversation about moderation and censorship on reddit.

                  • Re:

                    The last sentence, which you ironically quoted (or attempted to quote ironically?) explains the relevance. There was some information provided to support the point. I don't understand how you could possibly find this confusing, unless you are playing Tuck-Tuck and being falsely disingenuous.

        • Re:

          Sure, automated tools to remove the trash is a requirement since the human moderator time is orders of magnitude less than feasible. But to funnel the most people in and lock them in a fabricated world view you need to shut out the outside world. In cults, people are spirited away to compounds where they aren’t allowed to communicate with family or friends. In r/conservative they ban anyone not spouting the same lies and filth. Simply go over to r/politics and watch what happens, they might not g

          • So your post kind of shows a bit of bias by immediately assuming that the worldview is fabricated or that they're even is much of a worldview. You can make a case for black lives matter forums but the right wing we're going after knitting forums. And honestly you'd have a tough time making a case for BLM forms regardless of what you think of their politics. Forums exist as a place to organize for the movement in question. It's not a place for you to debate whether or not the points of the movement is valid,
            • Re:

              This is a no true Scotsman fallacy. Something like a world view is too complicated of an emergent phenomenon to ever be accurately and faithfully reduced to only a binary true/false value. Rather it is quite a bit more complicated. Further, you must not understand what I’m saying or have little experience, simply debating the way forward with their own party leader words will get you banned. Great example is actually looking at the level of authoritarianism, by your own logic your comment should b

              • you literally said "if the world view is fabricated". Fabricated ideas are false ideas. That's literally what the word means (in the context of ideas).

                You're getting banned because, and I can't emphasize this enough, nobody is there to debate!.

                You're entering forums designed for like minded people to organize and congregate and dropping the ideological equivalent of a deuce. You do that and you're gonna get banned for it. There are forums in Reddit meant for debate. Notable r/politics. Use them.
        • Re:

          No. The Republican party has stayed the same. The Democratic party has shifted left and the Republican's have not shifted in the same direction to keep up. That is why there is a wider GAP.

          The Debt battle happened with 90's republicans and and Clinton. It's not new. You can make a fair argument that Republicans seem to only notice the deficit when their is a Democratic president but it's hard to make the case that they have shifted more right.

          It's pretty easy to demonstrate - simply look at the stated polic

          • Re:

            The Republican party hasn't stayed the same. The Dems have shifted a bit to the left, while the Reps have gone... up, maybe, on the authoritarian/libertarian axis? Trump moved the Republican party in a populist direction, mostly, with some moves to the right and a lot of doubling down on culture war issues that isn't exactly a change in position, but a more extreme, harder line on an old position. I think the best example of the last part is trans rights. The GOP of 20 years ago would have opposed trans rig

        • Re:

          It also means that anyone who wants to debate conservatives on r/conservative can't without losing access to a bunch of other forums, which means it strengthens the echo chamber, excluding other views from r/conservative without its own mods doing anything.

          I'm not saying the mods that did that were wrong, it makes sense that it was probably their only option. But that sort of thing does do a lot of damage to free speech.

      • Re:

        Slashdot is walking a very similar fine line. They know these political shit-posts draw the most clicks and ad rev, but if they don't reign in the resident political fucktards here, they're going to alienate a lot of their remaining core audience, permanently. Seriously, I can get the inevitable firstpost blaming Party X for Issue Y on every other fucking site on the web. This place is is rapidly losing the last little bit of magic which made it special decades ago.
    • Re:

      You say they're too powerful, I say they're powerful enough.

      Nothing prevents you from starting your own subreddit, unless of course you've been permabanned for evading subreddit lockouts. In which case... HA HA

      • Re:

        I pretty much agree with you, but also think there needs to be better oversight of mods. This relying on the few people that actually care enough to do it for free or those who want a power trip need to have better oversight. Sadly it seems Reddit, like many of these social media companies, are trending from abuse in this bottom scraping to firing all oversight and public relations employees.

        • Re:

          If you want better oversight of mods, then only use subs which have satisfactory oversight. If no such oversight exists, then help to create it. Codes of conduct aren't just for users, nor for social issues.

          Reddit wisely chooses not to engage in unnecessary oversight of subs. Leaving each one to be its own private fiefdom (with the exception of activity which is likely to get Reddit in trouble, we all know what that looks like) is the right decision in every way. If you want to create a sub with your ideal

          • Re:

            You suggest relying on completely unpaid people who are abused into fulfilling the task which I obviously am aware of because it is exactly what I suggested could use some work. All I am suggesting is a meta moderator system analogous to what exists here on slashdot, not some authoritarian crackdown on speech.

            You seem unable to grasp simple nuance and degrees in favor of binary extremes. Dividing the people and making each fend for themselves instead of some basic collective rights is the easiest way to

            • Re:

              You are making things up that I didn't say. In fact, in my comment I explicitly suggest paying. We're done here.

      • Re:

        Except that's not at all a realistic expectation. Subreddits that don't bring on power mods inevitably get brigaded (and, not coincidentally, flooded with the CP discussed in the article) and, because the existing, sane mods can't handle being overwhelmed with blatantly illegal content, shut down by the admins. Subreddits that do bring on power mods get all of the same issues that 99% of the subreddits have, including said power mods banning literally everyone they've banned previously from every other subr

        • Re:

          Your nickname is very convenient, I knew what to expect up front, and was not disappointed.

          If you are not willing to become the equivalent of a power mod, you cannot have a popular website with public comments. It just isn't possible. Even a shitty vanity blog is typically rapidly besieged by spambots. Even if the content is moderated and never reaches the page, they will still generate a shitload of submissions.

          There is always work to be done. You can contract it out, you can get it done for free, or you c

          • Re:

            Do you even know what a power mod on Reddit is? It's not just an off-the-cuff term for a moderator. In fact, it's not just your post that seems to be under the impression that the situation of moderation on Reddit is somehow normal compared to other sites.

            • Re:

              Yes, it's someone who is a mod of a shitload of subs, and treats it like a job. Which it might be, for some of them, for all I know. And they're known for ruling with a fist, which is the relevant part. And you absolutely have to be willing to do that if you want to be effective.

              It is normal compared to other sites in the same situation. Most of those have failed because they didn't do what Reddit does. And here you are thinking that it means they're doing it wrong. Yes, being willing to bring down the ban

              • Re:

                Yeah, they kind of are doing it wrong. They're in hot water for this, this thing that their mods are contributing to [youtube.com]. It doesn't matter that SCOTUS brought up section 230 and declined to hear the case, I can't imagine that the legal fees and publicity hit was worth it to Reddit. Or maybe it was, and Reddit will continue to be the toxic cesspit we all know and tolerate until something like this inevitably happens again. Who knows? Anyway, I'm done, you have a great day.

                • Re:

                  Well, it does actually matter. If it wasn't Reddit, it would have been someone else, and SCOTUS declining to hear the case is actually great news for everyone who loves free speech. Without section 230 there would not only be no Reddit, there would be no Slashdot, there would be no public forums at all really. The only reason Reddit is the big target is that they are successful, and they are successful because... they're doing it right.

                  The internet is a toxic cesspit, because humanity is a toxic cesspit. We

    • Re:

      Scalability.
      Unicode support.
      Emoji support.
      Markdown support.
      Image support.

    • Re:

      Well, its upvote/downvote system, incredibly flawed as it is, *generally* sorts the more-interesting posts from the less-interesting ones. It's far from perfect, but it's "good enough".

      Plenty of mods suck, undoubtedly...but take a look at the "most recently created subreddits" list, and there are dozens of subreddits made *per minute*. Spammers are an unfortunate reality of the modern internet, and there's no good way to address spam that doesn't also curtail free speech in some way. Go back to Usenet and s

      • Re:

        Well, there were a number of clients which prettied up multipost binaries...:)

    • Re:

      Because people who use discussion groups don't care about ugliness, but they do care about spam.
  • Want to curtail someone's rights? Want to investigate someone else's computer? Want an account banned? Just say these magic words, and it's yours. After all anyone who would defend an accused pedo must be a pedo, It's easy as one two three. One. wait for the accused party to refuse what you want. Two: make the accusation. Three: Go to the nearest authority figure, who can't be seen as being soft on CP. And the best thing about it is the definition is always expanding! It started with clearly pornographic (not just nude) images of people who were clearly children, but now even a written story, a video of a 20 year old without the right paperwork, or someone whose boobs aren't large enough is CP. And anyone unwilling to expand the definition is probably a pedo. You don't want to defend a pedo do you?
    • Re:

      Yes it’s all a conspiracy. But more and more we’re seeing the people who yell the loudest about protecting children are merely projecting. Like this fine example. https://lawandcrime.com/crime/... [lawandcrime.com]

      • Re:

        A conspiracy? Well I wasn't going to bring that up, but the fact that people who went to Epstein Island aren't being investigated looks like a conspiracy to me. Oh, wait, I get it. You just wanted to post a headline with the words "white nationalist" in it while accusing me of... um... believing in conspiracies. Because there's a link, I guess? Maybe do a little brainwork before posting, son.
        • Re:

          Problem is the people that went to the island are the powerful and influential types like Clinton and Trump, so no one wants to get mixed up in it

    • Re:

      As a drug-dealing terrorist pirate with ties to organized crime, I feel this elevation of pedophilia to be threatening to my status and self-esteem!

  • If you want to look at law and how courts are supposed to work, you first need to separate the context from the ruling. Substitute something else that's also illegal and then ask yourself what the unintended consequences of making a company whose product was used by the actual perpetrators of the crime also liable. Let's say, for example, that victims of drunk driving (which is illegal) were able to sue car companies on the grounds that they didn't do anything to stop the drunk driver from committing a DUI-related crime. Well, you probably wouldn't get cars banned outright. You might end up at best with a lot of money (that you didn't earn) and that cost gets passed onto to future customers. But you might also wind up with breathalyzers mandatory equipment in every vehicle. Aside from the fact that those cost money and you, dear customer, are going to pay for it. The mere presence of one in your car makes you guilty by association even if you've never touched a drop of alcohol in your life. You're constantly having to prove that you are not guilty of a crime ever time you want to go somewhere. Do you like that idea, comrade? So, the correct legal view is that the car companies have no liability if one of their vehicles was involved in a DUI. The correct approach to any law is to go after the people (yes, PEOPLE, not companies) that commit the crimes. Oh, but that's so hard! Tough shit. That's the way this country works. Get used to it.

  • ...hand over that phone. We're going to check it for child pornography. We'll also peruse all your texts and chat feeds, just in case. We also need to have a look at all your contacts to make sure there aren't any known child molesters listed.

  • You can create your own child-porn right now with AI and it's getting better by the day.
    No trafficking needed.
    This will KILL trafficking.


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