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

Published:
2020-09-08 17:30:00
Imported:
2026-06
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Content

You know when both sides hate a law for opposite reasons, it's a spicy law.

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Previews only

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

Mr. Pulsar

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
>>43753172

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
>>43753172

"Things like this are still abused today - mostly by hyper "Left" leaners" Do you have any evidence of this? I'd like to see it.

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?

G Patreon Fan
>>43753172

As if a search could not reveal this? I think you know the answer and have prepared your response and the question is only to try to distract by demanding evidence. How 'bout my OWN eyes, dealing with myself and friends getting de-platformed by fake DMCA complaints such as claiming snippits used in a YouTube video were violating 'their' copyright when they had no connection whatsoever to any legit rights-holder? But good way (fake name, info) to get something on a 'free' social media platform disrupted a few days, then again and again? And we are so polarized that even if I gave info worthy of a college essay you'd probably reject it on political grounds. Hmm... How about Quinn's Ideas? https://www.youtube.com/watch?v=NDcIWqhX3Gc - YouTube channel - super SOY, super LEFT and Quinn is non-white? Welp, he's had his channel disrupted by fake DMCA complaints by hyper-reactive "Media Representatives" of the upcoming Dune 2020 movie. One man's opinion the new movie will SUCK, being essentially a re-do of the Sci-Fi channel movie (closer to the book but DRY as the sands of said planet) and they want to hold off everything until release to get the best opening weekend. But he's had many strikes, multiple strikes on the same issue from different 'representatives' etc. All (IMO) an attempt to squash his free speech, his 'fair use' rights to defend what I think will be a very disappointing sucky movie... The irony is he is WILD about this movie...

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.)

Jason Youngberg
>>43753172

You made the claim so it's your responsibility to provide evidence. You have chosen not to do so. Nothing you said indicates that it was the "hyper" left (or even the regular left) that's responsible for those DMCA takedowns. Because guess what, there are companies out there who will make fake claims just to get money, no politics involved. But I guess it's easier to blame the "hyper" left than a business. If stories are evidence, consider this https://www.youtube.com/watch?v=DrWys-hSeS8 Also in 2019 Ted Cruz posted an anti-abortion propaganda video. Some doctors posted a counter video showing where Cruz is lying. Cruz complained and one of the videos was taken down. Guess which one it was. I'll give you a hint. It wasn't Cruz's. So I have you 1:1, that's not "most". More importantly, I gave you an example of a conservative using a false DCMA takedown to censor an opposing view while you're assuming the "false" DCMA was from the "hyper" left.

Bill Lemmond
>>43757211

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.

Jason Youngberg
>>43757211

Consider looking outside the video. For example the "religious liberty" laws all seem to revolve around giving conservatives the right to discriminate against others in the name of their faith. Be it denying women medicine or accepting people who are LGBTQ+ as customers. It's like the concept of "freedom" to them means "my opinion matters more than your right to be treated as an equal". Another example is after the USSC said that city council prayers were legal, provided they don't discriminate, many towns either did away with the practice completely or started finding excuses to deny non-christians the right to lead prayers (and being disrespectful to those non-christians who did lead prayers). Some were successful in this plan. The council members who had no problem having other religions listen to christian prayers gets nervous when the tables are turned. I don't think they really believe in freedom for others, just themselves.

lhw

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.

Christopher Paulos
>>43910610

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