Sunday, August 28, 2022

Indecency?

"There's a hole... I must look into it!" is a play on words that is apparently so old that it does not turn up on the first page of a reputable, almost omniscient search engine's results.

The finding that cropped up most plentiously was, "There's a hole in my bucket," which I heartily recommend to anyone dealing with small children, teenagers, or aging loved ones.

"There's a hole... I must look into it!" is the sort of joke best told in a funny voice by a man with a mobile eyebrow and wearing a well-worn raincoat, who might be a very thorough detective, or a sex addict. 

So much for indecency.

Now to Decency, as in the Communications Decency Act, (Protection for private blocking and screening of offensive material.)

Here is a very tiny permissionless excerpt from an excellent Ivy League law school publication on the matter. (I could have credited Cornell, there, but I went for alliteration.)

(c) Protection for “Good Samaritan” blocking and screening of offensive material

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liabilityNo provider or user of an interactive computer service shall be held liable on account of—
(A)
any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B)
any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

How interesting that they bring Good Samaritans into the topic! There is a hole in that logic, but I will not go into it! 

Legal blogger Robert B. Nussbaum Esquire of the Saiber law firm's Trending Law Blog appears to suggest that Decency is under assault with his title "Section 230 Dodges Another Judicial Bullet."

In a nutshell (nussbaum is German for "nut tree"), there are some politicians who would like to revise the so-called "Good Samaritan" immunity protections (probably tautologous of me) that are currently enjoyed by internet platforms when they host or display indecent material that is uploaded or created by third parties.

Personally, I have to wonder, what is not third party content? At least when it comes to a social media site such as Facebook.

The "bullet" or case under discussion, is one of a private individual who did not succeed in a suit against Facebook for its hosting of a sex predator.

One Supreme Court justice's opinion is well worth reading. He ruled on the law as it is written, and not, perhaps, as he thinks it should be.

It would be stretching literary license to wonder whether there's a bullet hole in the legal bucket. I only do so for a hook upon which to hang the literary device of apophasis. Additionally, as a copyright enthusiast, I hope that the grim-faced actor with the rubber glove gets royalties for that edifying apophasis meme shot!

Here's a parting link: 

All the best,

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