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	<title>Comments on: F-T: Don&#8217;t sue over tweets</title>
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	<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets</link>
	<description>Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School</description>
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		<title>By: John Lilburne</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21919</link>
		<dc:creator>John Lilburne</dc:creator>
		<pubDate>Tue, 27 Nov 2012 19:37:19 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21919</guid>
		<description><![CDATA[I think you are most mistaken about social media ever being able to sift truth from falsehood. That isn&#039;t what people on social media sites do. They react, like, retweet, and amplify the most blatant nonsense. Should those that bullied the kid in Canada until she killed herself be exonerated simply because they were acting without thought on a social media site?
http://www.huffingtonpost.com/2012/10/11/amanda-todd-suicide-bullying_n_1959909.html

How about those that stirred up by inflammatory blog posts and articles on digg and elsewhere, send death threats and drive people from their homes?
http://thomashawk.com/2008/08/simon-blint-director-of-visitor.html

An internet mob is a frightening thing, many of the participants have little restraint, and have no regard to the truth of what they are responding to.]]></description>
		<content:encoded><![CDATA[<p>I think you are most mistaken about social media ever being able to sift truth from falsehood. That isn&#8217;t what people on social media sites do. They react, like, retweet, and amplify the most blatant nonsense. Should those that bullied the kid in Canada until she killed herself be exonerated simply because they were acting without thought on a social media site?<br />
<a href="http://www.huffingtonpost.com/2012/10/11/amanda-todd-suicide-bullying_n_1959909.html" rel="nofollow">http://www.huffingtonpost.com/2012/10/11/amanda-todd-suicide-bullying_n_1959909.html</a></p>
<p>How about those that stirred up by inflammatory blog posts and articles on digg and elsewhere, send death threats and drive people from their homes?<br />
<a href="http://thomashawk.com/2008/08/simon-blint-director-of-visitor.html" rel="nofollow">http://thomashawk.com/2008/08/simon-blint-director-of-visitor.html</a></p>
<p>An internet mob is a frightening thing, many of the participants have little restraint, and have no regard to the truth of what they are responding to.</p>
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		<title>By: Gregory Kohs</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21911</link>
		<dc:creator>Gregory Kohs</dc:creator>
		<pubDate>Tue, 27 Nov 2012 18:31:43 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21911</guid>
		<description><![CDATA[I would like to hear what Zittrain would say about Wikipedia&#039;s &quot;flagged revisions&quot; or &quot;pending changes&quot; feature.  

The software add-on was developed by paid Wikimedia Foundation coders, taking several months to make it functional.  What is does is essentially put any new edits to an article in a &quot;holding pen&quot; (not shown to the average visitor to Wikipedia) where the edit is kept until it can be &quot;approved&quot; by a longer-term, &quot;trusted&quot; editor of Wikipedia.  

This functionality has been in place for years on the German Wikipedia; but on the English Wikipedia, it still has not been implemented, because the &quot;people of good faith&quot; who run wild on Wikipedia have repeatedly rejected its implementation.  They would rather have every article at risk of libelous commentary, because they believe in the power of the crowd to prevent long-term damage.  

Just about every week, we see another news headline showing how Wikipedia has been abused to defame someone, so I think we can see that &quot;good faith&quot; isn&#039;t working very effectively.]]></description>
		<content:encoded><![CDATA[<p>I would like to hear what Zittrain would say about Wikipedia&#8217;s &#8220;flagged revisions&#8221; or &#8220;pending changes&#8221; feature.  </p>
<p>The software add-on was developed by paid Wikimedia Foundation coders, taking several months to make it functional.  What is does is essentially put any new edits to an article in a &#8220;holding pen&#8221; (not shown to the average visitor to Wikipedia) where the edit is kept until it can be &#8220;approved&#8221; by a longer-term, &#8220;trusted&#8221; editor of Wikipedia.  </p>
<p>This functionality has been in place for years on the German Wikipedia; but on the English Wikipedia, it still has not been implemented, because the &#8220;people of good faith&#8221; who run wild on Wikipedia have repeatedly rejected its implementation.  They would rather have every article at risk of libelous commentary, because they believe in the power of the crowd to prevent long-term damage.  </p>
<p>Just about every week, we see another news headline showing how Wikipedia has been abused to defame someone, so I think we can see that &#8220;good faith&#8221; isn&#8217;t working very effectively.</p>
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		<title>By: jz</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21902</link>
		<dc:creator>jz</dc:creator>
		<pubDate>Tue, 27 Nov 2012 15:37:49 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21902</guid>
		<description><![CDATA[See this &lt;a href=&quot;http://cyber.law.harvard.edu/10hjolt495.html&quot; rel=&quot;nofollow&quot;&gt;article&lt;/a&gt; I wrote about 15 years ago (!) for some more thoughts.  I don&#039;t think we&#039;re actually that far apart.]]></description>
		<content:encoded><![CDATA[<p>See this <a href="http://cyber.law.harvard.edu/10hjolt495.html" rel="nofollow">article</a> I wrote about 15 years ago (!) for some more thoughts.  I don&#8217;t think we&#8217;re actually that far apart.</p>
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		<title>By: When We Treat Twitter Like a Public Square, Can Private Lawsuits Still Regulate Harmful Speech? &#124; Article 3</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21888</link>
		<dc:creator>When We Treat Twitter Like a Public Square, Can Private Lawsuits Still Regulate Harmful Speech? &#124; Article 3</dc:creator>
		<pubDate>Tue, 27 Nov 2012 10:59:08 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21888</guid>
		<description><![CDATA[[...] not identified, and thus his claim in libel against them would fail.” Under the UK’s libel law, even a simple retweet could be actionable, whether or not the user thought it was false. This is where there is a distinction between the UK and the United States &#8212; In America, [...]]]></description>
		<content:encoded><![CDATA[<p>[...] not identified, and thus his claim in libel against them would fail.” Under the UK’s libel law, even a simple retweet could be actionable, whether or not the user thought it was false. This is where there is a distinction between the UK and the United States &#8212; In America, [...]</p>
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		<title>By: Seth Finkelstein</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21885</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Tue, 27 Nov 2012 09:43:28 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21885</guid>
		<description><![CDATA[Jonathan, hard cases make bad law, and I certainly agree that mass lawsuits against thousands of people are &quot;unwise and uncalled for&quot;. But relying on morality is only going to lead to hand-wringing at best, and an extremely cruel implication of victim-blaming at worst (i.e. if the moral action is to redress an injustice, it&#039;s much easier for someone to find some rationalization that injustice wasn&#039;t done, so no action is required - and maybe the person who suffered deserves it somehow, which feels even more satisfying for justifying inaction).

I&#039;m unhappy to play the role of &quot;that guy&quot;, pointing out all the horrible libel implications of Section 230, or mobbing. It does not benefit me, especially among the social-media business backscratching. But the logic here is flawed - &quot;by enlisting people of good faith ...&quot;. That&#039;s ineffective preaching. There&#039;s all sorts of massive systematic incentives for bad faith, sensationalism, even outright lying, and so on. An *effective* overall response to bona-fide libel would have take this into account. That means legal mechanisms may need to compel large corporations and involved individuals to do things they don&#039;t want to do.

While prescreening everything is absurd, that extreme shouldn&#039;t be taken to be a dispositive argument against any sort of take-down system and retraction requirement. I know there&#039;s many of issues here - but there&#039;s similar issues with copyright. People who have infringement claims are NOT fobbed off with reliance on &quot;good faith&quot;. Currently, one has far more power against trivial copyright infringements than devastating defamation. And that strikes me as the best refutation of the sufficiency of &quot;own the ethical dimensions of what we do online&quot;.]]></description>
		<content:encoded><![CDATA[<p>Jonathan, hard cases make bad law, and I certainly agree that mass lawsuits against thousands of people are &#8220;unwise and uncalled for&#8221;. But relying on morality is only going to lead to hand-wringing at best, and an extremely cruel implication of victim-blaming at worst (i.e. if the moral action is to redress an injustice, it&#8217;s much easier for someone to find some rationalization that injustice wasn&#8217;t done, so no action is required &#8211; and maybe the person who suffered deserves it somehow, which feels even more satisfying for justifying inaction).</p>
<p>I&#8217;m unhappy to play the role of &#8220;that guy&#8221;, pointing out all the horrible libel implications of Section 230, or mobbing. It does not benefit me, especially among the social-media business backscratching. But the logic here is flawed &#8211; &#8220;by enlisting people of good faith &#8230;&#8221;. That&#8217;s ineffective preaching. There&#8217;s all sorts of massive systematic incentives for bad faith, sensationalism, even outright lying, and so on. An *effective* overall response to bona-fide libel would have take this into account. That means legal mechanisms may need to compel large corporations and involved individuals to do things they don&#8217;t want to do.</p>
<p>While prescreening everything is absurd, that extreme shouldn&#8217;t be taken to be a dispositive argument against any sort of take-down system and retraction requirement. I know there&#8217;s many of issues here &#8211; but there&#8217;s similar issues with copyright. People who have infringement claims are NOT fobbed off with reliance on &#8220;good faith&#8221;. Currently, one has far more power against trivial copyright infringements than devastating defamation. And that strikes me as the best refutation of the sufficiency of &#8220;own the ethical dimensions of what we do online&#8221;.</p>
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		<title>By: Ether for Authors: Circling the Collective &#124; Publishing Perspectives</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21879</link>
		<dc:creator>Ether for Authors: Circling the Collective &#124; Publishing Perspectives</dc:creator>
		<pubDate>Tue, 27 Nov 2012 01:47:35 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21879</guid>
		<description><![CDATA[[...] to Table of Contents  about to write a counter to @zittrain defense of free speech on Twitter futureoftheinternet.org/f-t-dont-sue-o… I suspect he thinks all laws are &#8220;unwise&#8221;. — Andrew Keen (@ajkeen) November 26, [...]]]></description>
		<content:encoded><![CDATA[<p>[...] to Table of Contents  about to write a counter to @zittrain defense of free speech on Twitter futureoftheinternet.org/f-t-dont-sue-o… I suspect he thinks all laws are &#8220;unwise&#8221;. — Andrew Keen (@ajkeen) November 26, [...]</p>
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		<title>By: It&#8217;s so much fun to be a journalist &#124; Prof Chris Daly&#039;s Blog</title>
		<link>http://futureoftheinternet.org/f-t-dont-sue-over-tweets/comment-page-1#comment-21871</link>
		<dc:creator>It&#8217;s so much fun to be a journalist &#124; Prof Chris Daly&#039;s Blog</dc:creator>
		<pubDate>Mon, 26 Nov 2012 16:33:55 +0000</pubDate>
		<guid isPermaLink="false">http://futureoftheinternet.org/?p=2451#comment-21871</guid>
		<description><![CDATA[[...] UPDATE: Here is a different view, from Jonathan Zittrain. It ran in the Financial Times, but I can&#8217;t find a free way to read [...]]]></description>
		<content:encoded><![CDATA[<p>[...] UPDATE: Here is a different view, from Jonathan Zittrain. It ran in the Financial Times, but I can&#8217;t find a free way to read [...]</p>
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