Section 230

meta-beats-suit-over-tool-that-lets-facebook-users-unfollow-everything

Meta beats suit over tool that lets Facebook users unfollow everything

Meta has defeated a lawsuit—for now—that attempted to invoke Section 230 protections for a third-party tool that would have made it easy for Facebook users to toggle on and off their news feeds as they pleased.

The lawsuit was filed by Ethan Zuckerman, a professor at University of Massachusetts Amherst. He feared that Meta might sue to block his tool, Unfollow Everything 2.0, because Meta threatened to sue to block the original tool when it was released by another developer. In May, Zuckerman told Ars that he was “suing Facebook to make it better” and planned to use Section 230’s shield to do it.

Zuckerman’s novel legal theory argued that Congress always intended for Section 230 to protect third-party tools designed to empower users to take control over potentially toxic online environments. In his complaint, Zuckerman tried to convince a US district court in California that:

Section 230(c)(2)(B) immunizes from legal liability “a provider of software or enabling tools that filter, screen, allow, or disallow content that the provider or user considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” Through this provision, Congress intended to promote the development of filtering tools that enable users to curate their online experiences and avoid content they would rather not see.

Digital rights advocates, the Electronic Frontier Foundation (EFF), the Center for Democracy and Technology, and the American Civil Liberties Union of Northern California, supported Zuckerman’s case, urging that the court protect middleware. But on Thursday, Judge Jacqueline Scott Corley granted Meta’s motion to dismiss at a hearing.

Corley has not yet posted her order on the motion to dismiss, but Zuckerman’s lawyers at the Knight Institute confirmed to Ars that their Section 230 argument did not factor into her decision. In a statement, lawyers said that Corley left the door open on the Section 230 claims, and EFF senior staff attorney Sophia Cope, who was at the hearing, told Ars Corley agreed that on “the merits the case raises important issues.”

Meta beats suit over tool that lets Facebook users unfollow everything Read More »

court:-section-230-doesn’t-shield-tiktok-from-blackout-challenge-death-suit

Court: Section 230 doesn’t shield TikTok from Blackout Challenge death suit

A dent in the Section 230 shield —

TikTok must face claim over For You Page recommending content that killed kids.

Court: Section 230 doesn’t shield TikTok from Blackout Challenge death suit

An appeals court has revived a lawsuit against TikTok by reversing a lower court’s ruling that Section 230 immunity shielded the short video app from liability after a child died taking part in a dangerous “Blackout Challenge.”

Several kids died taking part in the “Blackout Challenge,” which Third Circuit Judge Patty Shwartz described in her opinion as encouraging users “to choke themselves with belts, purse strings, or anything similar until passing out.”

Because TikTok promoted the challenge in children’s feeds, Tawainna Anderson counted among mourning parents who attempted to sue TikTok in 2022. Ultimately, she was told that TikTok was not responsible for recommending the video that caused the death of her daughter Nylah.

In her opinion, Shwartz wrote that Section 230 does not bar Anderson from arguing that TikTok’s algorithm amalgamates third-party videos, “which results in ‘an expressive product’ that ‘communicates to users’ [that a] curated stream of videos will be interesting to them.”

The judge cited a recent Supreme Court ruling that “held that a platform’s algorithm that reflects ‘editorial judgments’ about compiling the third-party speech it wants in the way it wants’ is the platform’s own ‘expressive product’ and is therefore protected by the First Amendment,” Shwartz wrote.

Because TikTok’s For You Page (FYP) algorithm decides which third-party speech to include or exclude and organizes content, TikTok’s algorithm counts as TikTok’s own “expressive activity.” That “expressive activity” is not protected by Section 230, which only shields platforms from liability for third-party speech, not platforms’ own speech, Shwartz wrote.

The appeals court has now remanded the case to the district court to rule on Anderson’s remaining claims.

Section 230 doesn’t permit “indifference” to child death

According to Shwartz, if Nylah had discovered the “Blackout Challenge” video by searching on TikTok, the platform would not be liable, but because she found it on her FYP, TikTok transformed into “an affirmative promoter of such content.”

Now TikTok will have to face Anderson’s claims that are “premised upon TikTok’s algorithm,” Shwartz said, as well as potentially other claims that Anderson may reraise that may be barred by Section 230. The District Court will have to determine which claims are barred by Section 230 “consistent” with the Third Circuit’s ruling, though.

Concurring in part, circuit Judge Paul Matey noted that by the time Nylah took part in the “Blackout Challenge,” TikTok knew about the dangers and “took no and/or completely inadequate action to extinguish and prevent the spread of the Blackout Challenge and specifically to prevent the Blackout Challenge from being shown to children on their” FYPs.

Matey wrote that Section 230 does not shield corporations “from virtually any claim loosely related to content posted by a third party,” as TikTok seems to believe. He encouraged a “far narrower” interpretation of Section 230 to stop companies like TikTok from reading the Communications Decency Act as permitting “casual indifference to the death of a 10-year-old girl.”

“Anderson’s estate may seek relief for TikTok’s knowing distribution and targeted recommendation of videos it knew could be harmful,” Matey wrote. That includes pursuing “claims seeking to hold TikTok liable for continuing to host the Blackout Challenge videos knowing they were causing the death of children” and “claims seeking to hold TikTok liable for its targeted recommendations of videos it knew were harmful.”

“The company may decide to curate the content it serves up to children to emphasize the lowest virtues, the basest tastes,” Matey wrote. “But it cannot claim immunity that Congress did not provide.”

Anderson’s lawyers at Jeffrey Goodman, Saltz Mongeluzzi & Bendesky PC previously provided Ars with a statement after the prior court’s ruling, indicating that parents weren’t prepared to stop fighting in 2022.

“The federal Communications Decency Act was never intended to allow social media companies to send dangerous content to children, and the Andersons will continue advocating for the protection of our children from an industry that exploits youth in the name of profits,” lawyers said.

TikTok did not immediately respond to Ars’ request to comment but previously vowed to “remain vigilant in our commitment to user safety” and “immediately remove” Blackout Challenge content “if found.”

Court: Section 230 doesn’t shield TikTok from Blackout Challenge death suit Read More »

meta-tells-court-it-won’t-sue-over-facebook-feed-killing-tool—yet

Meta tells court it won’t sue over Facebook feed-killing tool—yet

Meta tells court it won’t sue over Facebook feed-killing tool—yet

This week, Meta asked a US district court in California to toss a lawsuit filed by a professor, Ethan Zuckerman, who fears that Meta will sue him if he releases a tool that would give Facebook users an automated way to easily remove all content from their feeds.

Zuckerman has alleged that the imminent threat of a lawsuit from Meta has prevented him from releasing Unfollow Everything 2.0, suggesting that a cease-and-desist letter sent to the creator of the original Unfollow Everything substantiates his fears.

He’s hoping the court will find that either releasing his tool would not breach Facebook’s terms of use—which prevent “accessing or collecting data from Facebook ‘using automated means'”—or that those terms conflict with public policy. Among laws that Facebook’s terms allegedly conflict with are the First Amendment, section 230 of the Communications Decency Act, the Computer Fraud and Abuse Act (CFAA), as well as California’s Computer Data Access and Fraud Act (CDAFA) and state privacy laws.

But Meta claimed in its motion to dismiss that Zuckerman’s suit is too premature, mostly because the tool has not yet been built and Meta has not had a chance to review the “non-existent tool” to determine how Unfollow Everything 2.0 might impact its platform or its users.

“Besides bald assertions about how Plaintiff intends Unfollow Everything 2.0 to work and what he plans to do with it, there are no concrete facts that would enable this Court to adjudicate potential legal claims regarding this tool—which, at present, does not even operate in the real world,” Meta argued.

Meta wants all of Zuckerman’s claims to be dismissed, arguing that “adjudicating Plaintiff’s claims would require needless rulings on hypothetical applications of California law, would likely result in duplicative litigation, and would encourage forum shopping.”

At the heart of Meta’s defense is a claim that there’s no telling yet if Zuckerman will ever be able to release the tool, although Zuckerman said he was prepared to finish the build within six weeks of a court win. Last May, Zuckerman told Ars that because Facebook’s functionality could change while the lawsuit is settled, it’s better to wait to finish building the tool because Facebook’s design is always changing.

Meta claimed that Zuckerman can’t confirm if Unfollow Everything 2.0 would work as described in his suit precisely because his findings are based on Facebook’s current interface, and the “process for unfollowing has changed over time and will likely continue to change.”

Further, Meta argued that the original Unfollow Everything performed in a different way—by logging in on behalf of users and automatically unfollowing everything, rather than performing the automated unfollowing when the users themselves log in. Because of that, Meta argued that the new tool may not prompt the same response from Meta.

A senior staff attorney at the Knight Institute who helped draft Zuckerman’s complaint, Ramya Krishnan, told Ars that the two tools operate nearly identically, however.

“Professor Zuckerman’s tool and the original Unfollow Everything work in essentially the same way,” Krishnan told Ars. “They automatically unfollow all of a user’s friends, groups, and pages after the user installs the tool and logs in to Facebook using their web browser.”

Ultimately, Meta claimed that there’s no telling if Meta would even sue over the tool’s automated access to user data, dismissing Zuckerman’s fears as unsubstantiated.

Only when the tool is out in the wild and Facebook is able to determine “actual, concrete facts about how it works in practice” that “may prove problematic” will Meta know if a legal response is needed, Meta claimed. Without reviewing the technical specs, Meta argued, Meta has no way to assess the damages or know if it would sue over a breach of contract, as alleged, or perhaps over other claims not alleged, such as trademark infringement.

Meta tells court it won’t sue over Facebook feed-killing tool—yet Read More »

professor-sues-meta-to-allow-release-of-feed-killing-tool-for-facebook

Professor sues Meta to allow release of feed-killing tool for Facebook

Professor sues Meta to allow release of feed-killing tool for Facebook

themotioncloud/Getty Images

Ethan Zuckerman wants to release a tool that would allow Facebook users to control what appears in their newsfeeds. His privacy-friendly browser extension, Unfollow Everything 2.0, is designed to essentially give users a switch to turn the newsfeed on and off whenever they want, providing a way to eliminate or curate the feed.

Ethan Zuckerman, a professor at University of Massachusetts Amherst, is suing Meta to release a tool allowing Facebook users to

Ethan Zuckerman, a professor at University of Massachusetts Amherst, is suing Meta to release a tool allowing Facebook users to “unfollow everything.” (Photo by Lorrie LeJeune)

The tool is nearly ready to be released, Zuckerman told Ars, but the University of Massachusetts Amherst associate professor is afraid that Facebook owner Meta might threaten legal action if he goes ahead. And his fears appear well-founded. In 2021, Meta sent a cease-and-desist letter to the creator of the original Unfollow Everything, Louis Barclay, leading that developer to shut down his tool after thousands of Facebook users had eagerly downloaded it.

Zuckerman is suing Meta, asking a US district court in California to invalidate Meta’s past arguments against developers like Barclay and rule that Meta would have no grounds to sue if he released his tool.

Zuckerman insists that he’s “suing Facebook to make it better.” In picking this unusual legal fight with Meta, the professor—seemingly for the first time ever—is attempting to tip Section 230’s shield away from Big Tech and instead protect third-party developers from giant social media platforms.

To do this, Zuckerman is asking the court to consider a novel Section 230 argument relating to an overlooked provision of the law that Zuckerman believes protects the development of third-party tools that allow users to curate their newsfeeds to avoid objectionable content. His complaint cited case law and argued:

Section 230(c)(2)(B) immunizes from legal liability “a provider of software or enabling tools that filter, screen, allow, or disallow content that the provider or user considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” Through this provision, Congress intended to promote the development of filtering tools that enable users to curate their online experiences and avoid content they would rather not see.

Unfollow Everything 2.0 falls in this “safe harbor,” Zuckerman argues, partly because “the purpose of the tool is to allow users who find the newsfeed objectionable, or who find the specific sequencing of posts within their newsfeed objectionable, to effectively turn off the feed.”

Ramya Krishnan, a senior staff attorney at the Knight Institute who helped draft Zuckerman’s complaint, told Ars that some Facebook users are concerned that the newsfeed “prioritizes inflammatory and sensational speech,” and they “may not want to see that kind of content.” By turning off the feed, Facebook users could choose to use the platform the way it was originally designed, avoiding being served objectionable content by blanking the newsfeed and manually navigating to only the content they want to see.

“Users don’t have to accept Facebook as it’s given to them,” Krishnan said in a press release provided to Ars. “The same statute that immunizes Meta from liability for the speech of its users gives users the right to decide what they see on the platform.”

Zuckerman, who considers himself “old to the Internet,” uses Facebook daily and even reconnected with and began dating his now-wife on the platform. He has a “soft spot” in his heart for Facebook and still finds the platform useful to keep in touch with friends and family.

But while he’s “never been in the ‘burn it all down’ camp,” he has watched social media evolve to give users less control over their feeds and believes “that the dominance of a small number of social media companies tends to create the illusion that the business model adopted by them is inevitable,” his complaint said.

Professor sues Meta to allow release of feed-killing tool for Facebook Read More »

snapchat-isn’t-liable-for-connecting-12-year-old-to-convicted-sex-offenders

Snapchat isn’t liable for connecting 12-year-old to convicted sex offenders

Snapchat isn’t liable for connecting 12-year-old to convicted sex offenders

A judge has dismissed a complaint from a parent and guardian of a girl, now 15, who was sexually assaulted when she was 12 years old after Snapchat recommended that she connect with convicted sex offenders.

According to the court filing, the abuse that the girl, C.O., experienced on Snapchat happened soon after she signed up for the app in 2019. Through its “Quick Add” feature, Snapchat “directed her” to connect with “a registered sex offender using the profile name JASONMORGAN5660.” After a little more than a week on the app, C.O. was bombarded with inappropriate images and subjected to sextortion and threats before the adult user pressured her to meet up, then raped her. Cops arrested the adult user the next day, resulting in his incarceration, but his Snapchat account remained active for three years despite reports of harassment, the complaint alleged.

Two years later, at 14, C.O. connected with another convicted sex offender on Snapchat, a former police officer who offered to give C.O. a ride to school and then sexually assaulted her. The second offender is also currently incarcerated, the judge’s opinion noted.

The lawsuit painted a picture of Snapchat’s ongoing neglect of minors it knows are being targeted by sexual predators. Prior to C.O.’s attacks, both adult users sent and requested sexually explicit photos, seemingly without the app detecting any child sexual abuse materials exchanged on the platform. C.O. had previously reported other adult accounts sending her photos of male genitals, but Snapchat allegedly “did nothing to block these individuals from sending her inappropriate photographs.”

Among other complaints, C.O.’s lawsuit alleged that Snapchat’s algorithm for its “Quick Add” feature was the problem. It allegedly recklessly works to detect when adult accounts are seeking to connect with young girls and, by design, sends more young girls their way—continually directing sexual predators toward vulnerable targets. Snapchat is allegedly aware of these abuses and, therefore, should be held liable for harm caused to C.O., the lawsuit argued.

Although C.O.’s case raised difficult questions, Judge Barbara Bellis ultimately agreed with Snapchat that Section 230 of the Communications Decency Act barred all claims and shielded Snap because “the allegations of this case fall squarely within the ambit of the immunity afforded to” platforms publishing third-party content.

According to Bellis, C.O.’s family had “clearly alleged” that Snap had failed to design its recommendations systems to block young girls from receiving messages from sexual predators. Specifically, Section 230 immunity shields Snap from liability in this case because Bellis considered the messages exchanged to be third-party content. Snapchat designing its recommendation systems to deliver content is a protected activity, Bellis ruled.

Internet law professor Eric Goldman wrote in his blog that Bellis’ “well-drafted and no-nonsense opinion” is “grounded” in precedent. Pointing to an “extremely similar” 2008 case against MySpace—”which reached the same outcome that Section 230 applies to offline sexual abuse following online messaging”—Goldman suggested that “the law has been quite consistent for a long time.”

However, as this case was being decided, a seemingly conflicting ruling in a Los Angeles court found that “Section 230 didn’t protect Snapchat from liability for allegedly connecting teens with drug dealers,” MediaPost noted. Bellis acknowledged this outlier opinion but did not appear to consider it persuasive.

Yet, at the end of her opinion, Bellis seemed to take aim at Section 230 as perhaps being too broad.

She quoted a ruling from the First Circuit Court of Appeals, which noted that some Section 230 cases, presumably like C.O.’s, are “hard” for courts not because “the legal issues defy resolution,” but because Section 230 requires that the court “deny relief to plaintiffs whose circumstances evoke outrage.” She then went on to quote an appellate court ruling on a similarly “difficult” Section 230 case that warned “without further legislative action,” there is “little” that courts can do “but join with other courts and commentators in expressing concern” with Section 230’s “broad scope.”

Ars could not immediately reach Snapchat or lawyers representing C.O.’s family for comment.

Snapchat isn’t liable for connecting 12-year-old to convicted sex offenders Read More »

at-senate-ai-hearing,-news-executives-fight-against-“fair-use”-claims-for-ai-training-data

At Senate AI hearing, news executives fight against “fair use” claims for AI training data

All’s fair in love and AI —

Media orgs want AI firms to license content for training, and Congress is sympathetic.

WASHINGTON, DC - JANUARY 10: Danielle Coffey, President and CEO of News Media Alliance, Professor Jeff Jarvis, CUNY Graduate School of Journalism, Curtis LeGeyt President and CEO of National Association of Broadcasters, Roger Lynch CEO of Condé Nast, are strong in during a Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing on “Artificial Intelligence and The Future Of Journalism” at the U.S. Capitol on January 10, 2024 in Washington, DC. Lawmakers continue to hear testimony from experts and business leaders about artificial intelligence and its impact on democracy, elections, privacy, liability and news. (Photo by Kent Nishimura/Getty Images)

Enlarge / Danielle Coffey, president and CEO of News Media Alliance; Professor Jeff Jarvis, CUNY Graduate School of Journalism; Curtis LeGeyt, president and CEO of National Association of Broadcasters; and Roger Lynch, CEO of Condé Nast, are sworn in during a Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing on “Artificial Intelligence and The Future Of Journalism.”

Getty Images

On Wednesday, news industry executives urged Congress for legal clarification that using journalism to train AI assistants like ChatGPT is not fair use, as claimed by companies such as OpenAI. Instead, they would prefer a licensing regime for AI training content that would force Big Tech companies to pay for content in a method similar to rights clearinghouses for music.

The plea for action came during a US Senate Judiciary Committee hearing titled “Oversight of A.I.: The Future of Journalism,” chaired by Sen. Richard Blumenthal of Connecticut, with Sen. Josh Hawley of Missouri also playing a large role in the proceedings. Last year, the pair of senators introduced a bipartisan framework for AI legislation and held a series of hearings on the impact of AI.

Blumenthal described the situation as an “existential crisis” for the news industry and cited social media as a cautionary tale for legislative inaction about AI. “We need to move more quickly than we did on social media and learn from our mistakes in the delay there,” he said.

Companies like OpenAI have admitted that vast amounts of copyrighted material are necessary to train AI large language models, but they claim their use is transformational and covered under fair use precedents of US copyright law. Currently, OpenAI is negotiating licensing content from some news providers and striking deals, but the executives in the hearing said those efforts are not enough, highlighting closing newsrooms across the US and dropping media revenues while Big Tech’s profits soar.

“Gen AI cannot replace journalism,” said Condé Nast CEO Roger Lynch in his opening statement. (Condé Nast is the parent company of Ars Technica.) “Journalism is fundamentally a human pursuit, and it plays an essential and irreplaceable role in our society and our democracy.” Lynch said that generative AI has been built with “stolen goods,” referring to the use of AI training content from news outlets without authorization. “Gen AI companies copy and display our content without permission or compensation in order to build massive commercial businesses that directly compete with us.”

Roger Lynch, CEO of Condé Nast, testifies before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law during a hearing on “Artificial Intelligence and The Future Of Journalism.”

Enlarge / Roger Lynch, CEO of Condé Nast, testifies before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law during a hearing on “Artificial Intelligence and The Future Of Journalism.”

Getty Images

In addition to Lynch, the hearing featured three other witnesses: Jeff Jarvis, a veteran journalism professor and pundit; Danielle Coffey, the president and CEO of News Media Alliance; and Curtis LeGeyt, president and CEO of the National Association of Broadcasters.

Coffey also shared concerns about generative AI using news material to create competitive products. “These outputs compete in the same market, with the same audience, and serve the same purpose as the original articles that feed the algorithms in the first place,” she said.

When Sen. Hawley asked Lynch what kind of legislation might be needed to fix the problem, Lynch replied, “I think quite simply, if Congress could clarify that the use of our content and other publisher content for training and output of AI models is not fair use, then the free market will take care of the rest.”

Lynch used the music industry as a model: “You think about millions of artists, millions of ultimate consumers consuming that content, there have been models that have been set up, ASCAP, BMI, CSAC, GMR, these collective rights organizations to simplify the content that’s being used.”

Curtis LeGeyt, CEO of the National Association of Broadcasters, said that TV broadcast journalists are also affected by generative AI. “The use of broadcasters’ news content in AI models without authorization diminishes our audience’s trust and our reinvestment in local news,” he said. “Broadcasters have already seen numerous examples where content created by our journalists has been ingested and regurgitated by AI bots with little or no attribution.”

At Senate AI hearing, news executives fight against “fair use” claims for AI training data Read More »