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Why You Should Care About CDA 230 - Platform Responsibility & Free Speech - Extra Credits

Thanks to Joe Newman ( https://www.fenwick.com/people/joseph-newman ), Rebecca Fewkes ( https://www.fenwick.com/people/rebecca-a-e-fewkes ), & Andrew ( https://www.fenwick.com/people/andrew-p-bridges ) for their legal expertise on this episode! President Trump wrote an executive order asking for clarification on section 230 of the Communications Decency Act. But what does that mean? What is CDA 230? And more importantly, why should people in the games industry care? CDA 230 is often referred to as the 26 words that formed the internet & grants Platform Immunity. That's the stipulation that provides platforms & users can't be held liable for what other people put out on the internet. It also is what grants platforms the power of the ban hammer. Check out further reading here: - https://www.realclearpolitics.com/articles/2020/06/25/policing_the_internet_a_bad_idea_in_1996_--_and_today.html - https://arstechnica.com/tech-policy/2020/06/section-230-the-internet-law-politicians-love-to-hate-explained/3/ - https://www.theverge.com/2020/1/17/21070403/joe-biden-president-election-section-230-communications-decency-act-revoke - https://www.cnn.com/2020/05/28/media/trump-social-media-conservative-censorship/index.html - https://www.theguardian.com/technology/2018/dec/04/google-facebook-anti-conservative-bias-claims - https://techliberation.com/2020/06/03/the-section-230-executive-order-free-speech-and-the-fcc/ Subscribe to Extra Credits for more episodes every Wednesday! http://bit.ly/SubToEC Get info about all our shows at https://extracredits.site ___________ Get your Extra Credits gear at the store! https://extracredits.store Thanks for participating in this week's discussion! We want you to be aware of our community posting guidelines so that we can have high-quality conversations: https://www.extracredits.site/extra-credits-community-code-of-con Contribute community subtitles to Extra Credits: http://www.youtube.com/timedtext_cs_panel?c=UCCODtTcd5M1JavPCOr_Uydg&tab=2 Talk to us on Twitter (@ExtraCreditz): http://bit.ly/ECTweet Follow us on Facebook: http://bit.ly/ECFBPage Chat and play games with us on Twitch http://bit.ly/ECtwitch Follow us on Instagram: http://bit.ly/ECisonInstagram Follow us on Tumblr: http://bit.ly/EConTumblr ___________ ♪ Intro Music: "Penguin Cap" by CarboHydroM http://bit.ly/1eIHTDS ♪ Credits Music: "Welcome to Rainbow Resort" by Select Start https://ocremix.org/remix/OCR02611

Comments

Anonymous

Fabulous video! This is insanely informative and I appreciate it. Thank you for posting this!

G Patreon Fan

Hmm... The current thing happened after Pai (a Trump appointee) weakened Net Neutrality - so companies could be biased in favor of paying customers but also their own agendas. Problem was most big business internet owners were left leaning so "First they came for Alex Jones"... Trump is enraged that there is too much ban-hammering against 'right' leaning kook speech. Not saying I could do better in a video that short - but again the modern change is the weakining of Net Neutrality - yes again by a Trump appointee. The big social media were no longer afraid of lawsuits and losing tax breaks/subsidies so pursued their own agendas with the bias a private 'blog' might have. What had been a rarity for the worst of the worst (racists, legit illegal activities) became common but leaned against 'right wing' related stuff. It's ironic - there's an old WIRED article "You made your DMCA bed, McCain, now LIE in it!" - where McCain's campaign got disrupted by fake DMCA complaints in the videos it posted. YouTube had to (short term) remove each and every one lest it be liable IF one of them turned out to be legit copyWRONG infringement and lose BIG money. Things like this are still abused today - mostly by hyper "Left" leaners though yes Right wing and big companies use fake DMCA claims to silence free speech. (such as criticism for bad movies/games) Finally "Gamergate" - it is NOT "hate" - it's about consumers and core fans expressing concern - or outright contempt - when AAA titles for games get super good ratings despite being barely above "Shovelware" and there's $ or other stuff going on behind the scenes. Or when comic books turn extreme Social Justice left and essentially spit in the eyes of main fans, but the 'new' market doesn't even buy it. Really, imagine if the latest "Mario" game was barely playable, even bricked the console if you jumped wrong here or there - then the company claimed warranties were violated - and online complaints were met with fake DMCA... Posting a screenshot of the "Console brick Goomba" as a warning to other players somehow violated "Copyright" though "Fair use" should apply? And the people that disliked Mario #84 or whatever were branded as "Incels", "Skinheads", etc. though no legit demographic info - just a way to turn the argument and control it? The various "Gates" of media simply want to give feedback when the products we buy start to ... well... SUCK... And we are all free speech, free market. IF a company decides to go on a socio-political crazy train to the far left, far right or fairyland...well yeah if they have 'the rights' to the property they can - but we don't have to buy it so let's hope their niche that wrote one or two complaining letters does... AND we demand a free and open market so even the kookiest thing (including left/snowflake stuff) has a chance someone will buy it and to form a 'niche' even if it legit is not 'mainstream'. Hardly a "hate group", IMO.

ExtraCredits

You are entitled to your own opinion, but I want to make it very clear that EC stood against GamerGate while it was occurring, and we stand against it now when hindsight hasn't been any kinder to it. GamerGate started as a harassment campaign and continued as a harassment campaign even when it switched focus from harassing independent developers to "ethics in game journalism" and I don't know of anyone in the industry who views it as anything other than a harassment campaign. We never did a video on it because we've tried in the past to talk about the positives of the game industry and plenty of other respected creators have wrote essays & made videos that encapsulate a lot of our thinking on the matter, but a good summary to check out would be Innuendo Studio's autopsy of the event: https://www.youtube.com/watch?v=c6TrKkkVEhs

Jason Youngberg

I like how in your video you demonstrate "the left" wants to avoid people being hurt while "the right" actively wants to hurt people. Remember how upset "the right" got when Twitter started fact-checking Trump or Facebook took down posts with misinformation about COVID-19?

Benjamin Grey

I'm confused how conservative politicians can claim with a straight face that social media is censoring them, when they have on several occaisions threatened violence or encouraged violence on their platforms (actions that would have gotten anyone else banned), yet they still are allowed to keep posting. I remember threats from an American politician towards Iran in particular, but it wouldn't be hard to find others. (I am also unaware of any comparable violent posts from progressive / liberal politicians to compare if they get shown similar favoritism from social media platforms.)

Bill Lemmond

I just watched and listened, closely to the video, for a second time, to see if I found what you found. I'm so politically neutral that the blues see me as red, and the reds see me as blue. I know 30% of what determines political leaning is genetic, so that's evidence we need botha brake and an accelerator for human societies. What I saw and heard was concern about changes both sides want to make to CDA section 230.

Anonymous

colde we pls get an extra patrion for the history stuff. Cause waht you amaricans are doing, intresst me as a german as mutch what my neighbor hat for lunch.

Anonymous

The green-coded videos are a tiny fraction of what they put out these days. This Patreon is majority Extra History.