Revived Lawsuit Says Twitter DMs Are Like Handing ISIS a Satellite Phone (theverge.com)
An anonymous reader quotes a report from The Verge: A long-standing lawsuit holding Twitter responsible for the rise of ISIS got new life today, as plaintiffs filed a revised version of the complaint (PDF) that was struck down earlier this month. In the new complaint, the plaintiffs argue Twitter's Direct Message service is akin to providing ISIS with physical communications equipment like a radio or a satellite phone. The latest complaint is largely the same as the one filed in January, but a few crucial differences will be at the center of the court's response. The plaintiffs also offer new arguments for why Twitter might be held responsible for the attack. In the dismissal earlier this month (PDF), District Judge William Orrick faulted the plaintiffs for not articulating a case for why providing access to Twitter's services constituted material aid to ISIS. "Apart from the private nature of Direct Messaging, plaintiffs identify no other way in which their Direct Messaging theory seeks to treat Twitter as anything other than a publisher of information provided by another information content provider," the ruling reads. At the same time, the judge found that the privacy of those direct messages "does not remove the transmission of such messages from the scope of publishing activity." The new complaint includes some language that might address that concern, explicitly comparing Twitter to other material communication tools. "Giving ISIS the capability to send and receive Direct Messages in this manner is no different than handing it a satellite phone, walkie-talkies or the use of a mail drop," the new complaint reads, "all of which terrorists use for private communications in order to further their extremist agendas." The Safe Harbor clause has been used in the past to protect service providers from liability for hosting data on their network. However, "Brookings Institute scholar Benjamin Witters argued against protecting Twitter under the Safe Harbor clause, claiming that the current reasoning would also protect companies that actively offer services in support of terrorists."
with c4
Yours,
Sterling
would also protect companies that actively offer services in support of terrorists.
So willful, active support for terrorism is a lesser crime than violating copyright? Is that what Witters suggests?
Twitter itself buys into (through their vague ToS and uneven/biased enforcement) arguments equating disagreement with harassment, and criticism with threats. And it throws even those stances out the window when the "harassing" party aligns with the right politics. Their Trust and Safety Council contains known harassers and doxxers.
If Twitter consistently took up a principled position to protect free speech (instead of cracking down on political thoughtcrime at the drop of a hat), they'd be in a much better position to resist this.
If ISIS using Twitter is no different to ISIS using a satellite phone, walkie talkies etc, ""all of which terrorists use for private communications in order to further their extremist agendas." then why aren't the creators of those devices involved in this litigation?
So they hold Twitter responsible, but not Skype (Microsoft), Yahoo, AOL, or any of the other companies that offer IM-type or bulletin board type services where information can be passed? Hell - with a little planning, a Wikipedia article edit could be used as a communication channel, not to mention the talk portion where editing an article is discussed. Or even Slashdot - read at -1 and find your messages for the Kettle Run on the next anniversary.
Lawsuits are pending for manufacturers of cell phones, walkie talkies, regular phones, paper, pencils, pens, and tin cans with string between them.
How can providing twitter account(s) be considered akin to providing them a physical means of communications like a satellite phone? That is a real stretch imo, not that I'm a lawyer.
I thought Obama did that.
ISIS (and other terrorist groups) killed 19 Americans last year. Total. Cops killed 1,125 Americans last year (it's actually a higher number, since the US gov't doesn't keep track of Americans killed by cops).
Americans with guns killed over 35,000 Americans last year.
But ISIS is used as the excuse to take away people's rights.
You are welcome on my lawn.
Tweets don't kill people, people kill people
So you remove Twitters DM feature, and they easily move to the next thing. This whole nonsense is very much like when Sun Microsystems was banned from selling computers with more than 2 processors to some countries. You can link them by network and get the same effect. And yet the government kept it up (ignoring the obvious). So you remove DM, and there are only 1000 other ways they can communicate (the internet is easiest, and you can encrypt the hell out of any message prior to transmission, and you don't need to use an encryption scheme anyone else uses). There are even ways to do it without using the internet, and some of them don't need to be near a cell tower or router. Drunk drivers use DM too, and social activists, and people who support political prisoners. DM isn't aiding and abetting terror. This is rubbish.
This is really it.
In what way is ISIS an "existential threat" to the USA, if toddlers with guns kill roughly three times as many citizens?
It's not at all the same, you still need a sat phone or other carrier to carry said messages to twitter and then to another party...
Twitter supports terrorism like Tor supports cyber crime, just saying.
I'll let them say that providing online communication is just like selling walkie-talkies. So they plan to sue Walmart for selling walkie-talkies? No, that would be ridiculous? Yep, same as this.
Not a gentle enough slippery slope. We see where you want to go, everything is equivalent to anyone being a traitor.
how about all the other instant messaging, or IRC, or what about internet forums, email, messages can be passed & forth a multitude of ways, laying the blame all on Twitter is a load of horse shit to me, i hope the Twitter lawyers wins this, and the plaintiffs are blacklisted from any litigation ever again
Politics is Treachery, Religion is Brainwashing
Remember, the freedom loving democrats support the same logic against people who manufacture or sell guns.
Really? I mean, Islam wasn't a threat to any nation 200 years ago. At least 20 nations have been conquered by Islam in my lifetime. But, those were mostly brown people, so it couldn't happen in Europe, much less America. Except, of course, Turkey has gone from a secular government to an islamist government in the last 5 years. Albania is next, BiH will probably resist for another 20 years, but not much longer.
They let Trump have an account, what's the damn difference? Hell, Limbaugh is on the radio. I bet you can attribute more American deaths to him than to ISIS.
It would be better just to hand them a regular satellite phone and let the various intelligence dragnets scoop up the ISIS members and all of their like minded contacts. While we are stuck with all these massive privacy invasions we might as well reap some benefits from them.
I don't like Twitter. However, to state that it's offered in support of terrorism is stupid. It's offered to everyone. It's service is neutral.
And if somebody buys a Satellite phone and then turns out to be an ISIS member, who then speaks in code so he's not detected, do you then go after the phone provider?
You want info, get a warrant. But the fact that the service exist doesn't mean it does so for the purpose of servicing a terrorist organization.
But man this lawsuit is a retarded troll attempt.
Obviously, they are attacking Twitter DM because Twitter refused to give them backdoors into their comms.
What it confirms, is pretty much what we already knew, that US tech industry has rolled over and handed the NSA the keys to our private communications on excuse of terrorism.
Skype, Yahoo, AOL and all the other companies named, HAVE BACKDOORED THEIR TECH.
Skype, Yahoo and AOL were offically named as PRISM supporters in one of the Snowden leaks, that's not to difficult to understand, but it also means WhatsApp etc. is backdoored, whatever Facebook is pretending, nobody has been bitching about how 'WhatsApp messages" are using to spread terrorist agendas.
... anyone manufacturing and/or selling a firearm to the public in the United States must reasonably expect at least one of their weapons to be used by terrorists, just as was the case in San Bernardino.
Are the plaintiffs against Twitter in this case arguing that since it is possibly for even *one* gun that is sold to a civilian in the US to be used for crime and/or terrorist activities, then all gun sales should be banned?
Please note - I'm not a US citizen and don't generally support the idea behind the Second Amendment. However, in this case I am using it to try and highlight the potential inconsistency of the argument being put forward.
ISIS also uses used american cars, let's ban all american car company's aswell. What kind of a manipulative idiot must one be to come up with this?
Hello
The funny thing is that equipping a target with a satellite phone improves the ability to identify them. In the case of a journalist and photographer team operating in Syria a few years ago, it was their satellite phone that allowed their location to be triangulated and subsequently attacked.
I would think it would not be too difficult to come up with some interesting usage patterns of DMs (sending messages in languages commonly used by ISIS, using certain phrases common to ISIS, geoIP location, access only from Tor nodes, proxies, VPN connections and so forth as selection criteria for further intelligence collection. Frankly, using DMs sounds like a great way to be targeted by state security services.
Regards,
Aryeh Goretsky
Dexter is a good dog.
So does that outrage mean that the left will agree that holding firearm manufacturers liable for shootings is fucking ridiculous?
they literaly gave the terrorists guns and explosives.
Seriously, that'll help prevent issues like this. Just like the copyright 'bit' did
obama got them some, and probably some watermelon too
No, it means that if this case is won by the litigants, the anti-gun community will have a strong argumentative basis for arguing that firearm manufacturers are liable for shootings.
You'll find very few people on the "left" currently agree that they are. While gun control is more popular with the left than right, a sizable number of left wingers are anti-gun control, and almost of all of those who are are well aware that guns have peaceful uses and don't want to ban guns completely.
What would Jesus do, if you gave a young thirsty Hitler a glass of water?
Islam is peace. That' what everybody says on television after yet another attack by a confused person with mental issues. Now we know it aren't only mental problems or being confused that lets non Muslim people kill other people. It is all Twitter's responsibility! So many billions spent on protecting schools, train stations, festivals, Jewish communities because some evil persons thought it were radical Muslims who were behind the terrorist attacks. But it is so simple: Islam is peace so no Muslim can ever kill another person. All those billions to protect potential targets are wasted. We just had to ban Twitter and there would have been no more terrorism... How stupid could we be? Now lets inform Israel that they don't have to build a wall, just ban Twitter and there will be finally peace in the Middle East! (and North Africa, and Afghanistan, and Chechnya, and Bangladesh, and Nigeria, and Sudan, and Somalia, and ...)
Man, these liberal fuckers should all be crucified. First, guns are responsible for murders (people are, I mean really!). Bars are liable for drunk drivers. Soda makes kids fat. And now Twitter made ISIS. What utter nonsense. It's NEVER about personal accountability and responsibility with you idiots, is it?
Lots of knifings lately, gonna ban them next?
America has lost its ever loving mind.
Oh yes, and the government's postal service is responsible for any and all terrorist activities happening through letters and packages: communications, money, materials, envelopes with anthrax...
Since they provide email services.
Also cell phone companies (hardware and network).
Also the government, for building the roads used by the turrists.
Retards.
So, if we follow the same logic, all companies which provide communication services are guilty of aiding all crimes assisted by communications.
Drug dealers, pedos, death threats, etc. etc.
This would include all ISPs, Apple, Google, postal/escrow services, crypto services, etc.etc.
Now we know who's really to blame - Twitter. Time to move one.
Given some of Twitter's investors and their lack of removal of ISIS/pro-Islamist material - while eagerly purging sources of inconvenient truths (e.g. Milo Y.) - should be enough proof of their loyalties.
Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
If ISIS members are talking to each other, we better sue the air for carrying the air waves! But seriously, can't Twitter take basic steps to not allow ISIS propaganda on Twitter and also try and block them from using DMs?
Enemies tend to use almost anything they can find against you. The notion that one could sue Twitter is half witted nonsense. A 40 year old, land line telephone could also aid terrorists. Cell phones must be a dandy for terrorists and GPS obviously can aid bad people as well. Any drunk can use an automobile to commit a mass murder. The idea that the selling of a device or service that may, at times, be misused by bad people should not make a company liable. If my neighbor decides to commit suicide with a pistol should I be allowed to file a suit for proximity, traumatic stress syndrome, because i saw his brains on my lawn?
Will the right agree to a well regulated system of gun control? (And the gun manufacturers also support it?)