A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230
www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Moody v. NetChoice, because it said algorithmic ranking that advances the platform's content moderation goals is the platform's 1st Am protected speech. (Check out fn 13, sigh.) 3/ Daphne Keller / @daphnek.bsky.social : This issue was fully briefed to the Supreme Court, with approximately infinity amicus briefs covering every possible angle, a little over a year ago. The Court decided not to decide. 2/ — www.scotusblog.com/case-files/ c... Daphne Keller / @daphnek.bsky.social : I can't express how unutterably tired I feel after reading this absurd 3rd Cir ruling. It denies TikTok 230 immunity for a claim that is (very thinly) framed as liability based on algorithmic promotion, instead of liability based on user content. 1/ — cases.justia.com/federal/appe... Mike Masnick / @mmasnick.bsky.social : Meanwhile, the Third Circuit just blew up Section 230, deciding that it can just ignore the plain text of the law, as well as basically every precedent to date, to do its own thing. This ruling, if it stands, is a disaster for the open internet. cases.justia.com/federal/appe... X: Carrie Goldberg / @cagoldberglaw : Yes!!! 3rd Circuit reverses dismissal in TikTok blackout challenge for PRODUCT LIABILITY & NEGLIGENCE claims b/c TikTok's algorithms that recommended the challenge is 1st party speech and not 3rd party speech. Let this be a lesson to all doubters. https://fingfx.thomsonreuters.com/ ... Ryan Jones / @ryanjones : @Jason I think these are separate issues. 230 just says the platform isn't the author/publisher of the content. That needs to remain unchanged. It shouldn't, however, give companies immunity from what they choose to amplify and how they amplify it. That should be a separate issue. But Jeremy Kauffman / @jeremykauffman : @Jason What is “no” algorithm? Logically, any way of deciding what portion of content to show a user must be an algorithm of some kind, including literal random selection. Anupam Chander / @anupamchander : On quick read, this is a version of the issue that the Court did not decide in Gonzalez v. Google. I'm skeptical that NetChoice, sub silentio, decided that issue, or opened up this new interpretation of 230—one that it seems goes against 3rd Circuit's own prior interpretations. @jason : The algorithm is the equivalent of an editor — only much, much better 230 should be evolved to address algorithms by having platforms *force* users to select which algo they prefer — or none at all. If you select an algorithm (aka editor) that takes you down a dark path, you Mike Sacks / @mikesacksesq : As should be obvious by the time you read to this point, but my initial tweet wrongly suggested Matey also joined the panel majority's Moody analysis. He did not, but he did side with them on the bottom-line that TikTok and ByteDance don't have 230 immunity for claim at issue. Zephyr Teachout / @zephyrteachout : This is a really substantial and important decision, finally reading 230 as it was intended—and not extending immunity to algorithmically promoted content. Anupam Chander / @anupamchander : There is a world of difference between recognizing that a platform's algorithm is its own speech (NetChoice), and converting that to liability for developing illegal content, passing outside scope of 230. Matt Stoller / @matthewstoller : Wow, I might be over-reading this decision but it looks like the Third Circuit just gutted Section 230. Mike Sacks / @mikesacksesq : CA3 says Sec 230 doesn't protect TikTok and ByteDance for creating an algorithm that fed the “Blackout challenge” to a 10yo who then tried it and accidentally hanged herself. https://www2.ca3.uscourts.gov/ ... Panel (Obama, Trump, Trump) relies on SCOTUS opinions from Moody v NetChoice. [image] Nora Benavidez / @attorneynora : HUGE WIN: 3rd Circuit finds TikTok's algorithm is not shielded by Section 230 from liability for harm to users. We're sweeping the courts to reach accountability for bad actors and harmful behavior by platforms: https://www.law360.com/... See also Mediagazer