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Supreme Court Will Not Examine Tech Industry Legal Shield (reuters.com)

An anonymous reader shares a Reuters report: The U.S. Supreme Court on Monday let stand a lower court's decision that an online advertising site accused by three young women of facilitating child sex trafficking was protected by a federal law that has shielded website operators from liability for content posted by others. The refusal by the justices to take up the women's appeal in the case involving the advertising website Backpage.com marked a victory for the tech industry, which could have faced far-reaching consequences had the Supreme Court decided to limit the scope of the Communications Decency Act, passed by Congress in 1996 to protect free speech on the internet.

51 comments

  1. New Slavery by Anonymous Coward · · Score: 0, Flamebait

    Isn't it delightful how we're approaching this wonderful new era where things that were wrong and illegal in the real world have become profit centers and legally protected because they're now laced through an internet portal?

    1. Re:New Slavery by ZipK · · Score: 1

      Aren't those doing the advertising still breaking the law?

    2. Re:New Slavery by taustin · · Score: 3, Insightful

      Of course they are.

      The real complaint here is that "tech companies" are getting all the protections of being common carriers without any of the responsibilities of being common carriers. So they're not liable for ads posted for criminal services, but they can cancel ads that conflict with their own political agenda.

      SCOTUS made the correct decision in this case. One can only presumed these women sued Backapages because their pimps - who actually forced them into prostitution - didn't have any more.

    3. Re:New Slavery by Anonymous Coward · · Score: 0

      SCOTUS made the correct decision in this case. One can only presumed these women sued Backapages because their pimps - who actually forced them into prostitution - didn't have any more.

      That presumption would be wrong. They didn't sue the pimp because "he dindu nuffin" and even though he repeatedly beat her, he "still loves her" and is "just about to turn his life around."

    4. Re:New Slavery by Anonymous Coward · · Score: 0

      Been goin' to church about every Sunday now.
      'Bout to get his life on track.
      Need more money for them programs!

    5. Re:New Slavery by FacePlant · · Score: 1

      > SCOTUS made the correct decision in this case.

      SCOTUS tends to avoid intervening until there are multiple appellate courts with contradictory decisions, creating regional interpretation of laws.
      The SCOTUS hears a case to clean up the mess.

      So until there are a couple of decisions that are different from the first one, the appellate decision stands as precedent.

      --
      My Heart Is A Flower
    6. Re:New Slavery by DonaId+Trump · · Score: 0

      I'm always excited to run into my voters on the cyber!

    7. Re:New Slavery by taustin · · Score: 1

      > SCOTUS made the correct decision in this case.

      SCOTUS tends to avoid intervening until there are multiple appellate courts with contradictory decisions, creating regional interpretation of laws.

      There are conflicting rulings in different districts, but this may well be the first to get to the SCOTUS level.

      The SCOTUS hears a case to clean up the mess.

      So until there are a couple of decisions that are different from the first one, the appellate decision stands as precedent.

      Only in that district, and only if they say it's precedent.

    8. Re:New Slavery by rahvin112 · · Score: 1

      Since when is a common carrier required to carry ad's they don't like? Your assertion is bogus. No one forces the telecom companies to put other people's ad's on their websites. You will likely try to equate this to a completely unrelated thing, I suggest you don't describe your idiocy is such great detail.

    9. Re:New Slavery by Coren22 · · Score: 1

      Common Carriers (phone companies) are required to carry all phone calls reguardless of content, while being shielded from prosecution for what other people use their services for. That is what is being aluded to, not what phone companies do with their web sites.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  2. Hate voting when I like both sides by Anonymous Coward · · Score: 1

    I hate it when these topics come up where I see both sides of the issue. I am not in anyway supporting the specific website involved in this lawsuit. But we all know that this is about the general principle for websites (I approve of that), but at the same time I understand the women's perspective as well and agree with them.

    It comes down to:
    1) are the other remedies to deal with the problem
    2) what is the impact of a change in the entire ecosystem.

    Hmmm. Hard to know what to say.

    1. Re:Hate voting when I like both sides by Jason+Levine · · Score: 4, Informative

      The remedies are already in place. Suppose someone posts on Slashdot advertising a human trafficking operation. If Slashdot were liable for user comments, Slashdot would immediately be guilty of abetting said operation. Of course, the site isn't liable so they're not immediately at risk of a lawsuit over the situation. The proper response is to report the comment and Slashdot either takes it down (and thus shields themselves from liability) or decides to leave it up (in which case, they might expose themselves to liability). Alternatively, the authorities could subpoena Slashdot (through proper legal channels) to get information on the person who made the post.

      With this system in place, sites can host user-generated content without hiring armies of human (as opposed to automated) moderators. (Imagine how many moderators YouTube, Twitter, or Facebook would need to hire just to keep up with the flood of content!) Meanwhile, it also allows for illegal comments to be removed - something that any site worth its salt wants to ensure anyway if only to keep the spam out.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Hate voting when I like both sides by rahvin112 · · Score: 1

      The proper response is to report the comment and Slashdot either takes it down (and thus shields themselves from liability) or decides to leave it up (in which case, they might expose themselves to liability).

      You have a misunderstanding of the law. Slashdot is under no obligation to take down illegal content posted by other people, with only one possible exception and that's child pornography and only because mere possession of such material is criminal. In cases like human trafficking, drug sales or pretty much any other illegal content Slashdot is under no obligation to take down the material unless ordered to by a judge.

      Your recourse in such cases is to contact the authorities and let them follow through in the proper channels. In actuality notifying Slashdot so they delete it can actually assist the trafficker by covering up the act before law enforcement can get involved and the proper subpoenas filed.

  3. sooo by Anonymous Coward · · Score: 0

    expect kiddy pron on slashdot?

    wtf

    they could have ruled to NOT allow underage crap and yet allowed free speech,,,,i thinkz you all will have a hard time justifying sicko crap in name a free speech, or am i missing how degenerate this so called american tech industry is?

    1. Re:sooo by khallow · · Score: 1

      i thinkz you all will have a hard time justifying sicko crap in name a free speech

      Not at all. Once it becomes ok to break the law because there's sicko crap out there, then it becomes ok to break the law for other reasons. Can't have the benefits of laws without the costs.

    2. Re:sooo by Qzukk · · Score: 1

      Sooo you expect someone at Slashdot to read every single link people post to make sure it isn't kiddy pron?

      wtf

      Slashdot editors have a hard enough time getting the links in articles right, I can't imagine what would happen if they had to edit every comment too.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  4. CDA was NOT written to protect free speech. by sconeu · · Score: 4, Informative

    It was written to DENY free speech -- specifically porn.

    It just had to have the happy side effect that, after the porn ban was ruled unconstitutional, the "safe harbor' provision stayed in effect.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    1. Re:CDA was NOT written to protect free speech. by DickBreath · · Score: 1

      True. And ironic. Maybe we could just call CDA the Communications Defense Act or something like that? :-)

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:CDA was NOT written to protect free speech. by JoeMerchant · · Score: 1

      Pixar Monsters Inc.: Child Detection Agency

    3. Re:CDA was NOT written to protect free speech. by Anonymous Coward · · Score: 0

      Anyway, why CDA is even draw into this? Surely facilitating trafficking and child abuse are criminal offenses separately from some decency considerations in the US as well? Isn't not the nipples in on-air advertising before 9pm that this is about, after all.

    4. Re:CDA was NOT written to protect free speech. by sconeu · · Score: 1

      Because they were taking action against the site, not the people posting the ads/content.

      The safe harbor provision of the CDA protects the website.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  5. The question is liability: Censor each posting by raymorris · · Score: 2, Insightful

    The in the case question is whether web sites (including Slashdot) are responsible for the content of posts by their users. If so, Slashdot, Backpage, and every other web site where people can talk would need a team of censors.

    Child porn is illegal, slander is illegal, threatening people is illegal - if web sites are responsible for the posts, Slashdot would need to make sure no posts might be considered slander, or an unlawful threat. It just doesn't make any sense to say "the web site is liable if a user posts something that a jury considers child porn, but not liable for any other unlawful posts".

    1. Re:The question is liability: Censor each posting by Stan92057 · · Score: 1

      I don't see how users posting on their fav web site is anything close to an advertising company serving ads.Or a web site allowing said ads to be shown.

      --
      Jack of all trades,master of none
    2. Re:The question is liability: Censor each posting by Coren22 · · Score: 1

      I can see the day this comes about. AC will never be able to post again, we will finally get rid of some of the trolls around here. It would be glorious!

      Well, maybe not, but one can dream.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  6. What about Torrents then? by Anonymous Coward · · Score: 1

    Torrent sites quickly come to mind...

    1. Re:What about Torrents then? by SumDog · · Score: 3, Insightful

      The RIAA and MAPP are very strong lobbies. Laws are different depending on the amount of money in the industry backing/opposing them.

  7. Good by AndyKron · · Score: 1

    Good.

  8. 3rd party ad = prison is very bad to have as law by Joe_Dragon · · Score: 1

    Yes but do you really want some to be slipped with sex offender / child sex offender change just for using jay's online ad service? and do you want jay to be slapped with the same changes just for having someone pay them him for ad slots?

    A lot of web sites use 3rd party ad services and it would be very hard for them check each ad from an 3rd party. Now maybe some blame can be put on the 3rd party site but what if they ran ad's for a strip club and it turns out the pic's they when sent for the place had some one under 18 on them? Should the ad service have to judge on if an pic is legal or not?

  9. Re:3rd party ad = prison is very bad to have as la by shaitand · · Score: 2

    And so long as sex offender charges are handed out for similarly ridiculous situations do you really think it is fair to have everyone who has been charged with such an offense branded a sex offender, posted in a publicly accessible online database, and as people in said database grouped categorically and viewed as "child molesters" by the general public.

  10. Re:Shooting off your cocksucker again troll? by Anonymous Coward · · Score: 2, Informative

    Dear APK,

    There is a reason you were downmodded into oblivion on your main account.

    It has nothing to do with a conspiracy against you. You are simply obnoxious. You also oversimplify and strawman the arguments of others.

    This is why you are not respected and everyone rolls their eyes when they come across your posts.

    Sincerely,

    Almost Everyone On Slashdot

  11. pirate films=bad, human trafficking=free speech by Anonymous Coward · · Score: 2, Insightful

    ok, got it. thanks military industrial complex. i was wondering which sort of websites you were going to try to shut down, now i know i guess.

  12. Re:3rd party ad = prison is very bad to have as la by Qzukk · · Score: 1

    And if someone posts an ad for a 10 year old cotton-candy making machine for sale, do you really want Jay to be charged when it turns out by "10 year old" the ad meant "10 year old" and by "cotton-candy making machine" the ad meant "girl"?

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  13. A/C "Shooting off your cocksucker again troll" by mmell · · Score: 2
    Al, this isn't appropriate behavior.

    Of the two of you, only one (raymorris) has posted with a valid identity. Further, his post is not concealed or obfuscated in any way I can determine. Thus, 'talking behind others' backs' is not a valid allegation.

    Of your two remaining complaints I can only ask this - what possible relevance to the current thread does this have? Also, how does your continuous use of ad hominem attacks add to or enhance conversation on the subject of the US Supreme Court's recent decision to not render an opinion or judgement in this case?

    I have posted inappropriate things in the past, even here at Slashdot. I have also recanted of those errors and apologized as publicly as those offending posts were made. You still seem intent upon posting inappropriately here on Slashdot (sufficiently so to be banned, evidently). This is evidence that you haven't grown up. You should grow up, so that you can make a living in the IT industry. Hell, I'll bet you could even grow up to be a programmer someday . . . but you have to grow up first, something which the evidence here indicates is highly unlikely.

    Is that why you can't sue me for libel (as you've often threatened to do)? I'd begun to wonder after I ensured that you have current and correct contact information with which to serve me a process or subpoena - now I'm beginning to suspect the reason for no libel suit is that you're a minor child and have no legal standing to bring suit of any sort. If psychiatric help is not available for whatever it is you have, perhaps maturing will correct the problem.

    In closing, let me point out that Everyone Loves Raymond - but nobody loves a bloated, spray-painted orange mess that only knows how to be dishonest, antagonistic, bellicose and insulting. Until you learn this, please stick to Twitter.

    1. Re:A/C "Shooting off your cocksucker again troll" by Anonymous Coward · · Score: 0

      mmell's a libeler projects his own pedo problem on others twice http://slashdot.org/comments.pl?sid=5126925&cid=46941837 + http://slashdot.org/comments.pl?sid=5117369&cid=46931715/ who's penniless and not worth lawsuits.

    2. Re:A/C "Shooting off your cocksucker again troll" by mmell · · Score: 1
      Not to mention - hard to make a case for libel when you're an anonymous coward. Sorry to hear about you being banned everywhere you go. Good of you to live up to all my expectations, though.

      Just once, you might consider disappointing us. You know - like when you committed suicide? Your mama posted all about it here, remember? She was almost as disappointed as I'm sure your daddy was, even if neither of you has a clue who he is. After all, who'd want to be known for fathering an anonymous coward?

    3. Re:A/C "Shooting off your cocksucker again troll" by Anonymous Coward · · Score: 0

      mmell's a penniless libeler not worth lawsuits projecting his own pedo problem on others 2x http://slashdot.org/comments.pl?sid=5126925&cid=46941837/ + http://slashdot.org/comments.pl?sid=5117369&cid=46931715/

  14. By the way, Al learned that from me . . . by mmell · · Score: 1
    . . . that whole 'projecting' thing. Goes back quite a ways. Does my heart good to see that APK has learned this from me. He can accuse everyone else of projecting to his heart's content - try not to hold it against him, he's just projecting.

    Still, you've gotta admit: the kid has spunk. The only thing he ever talks about (when he's not insulting everyone he can) is a hostfile manager designed to simplify surfing the darknet; but when he grows up in a decade or so, he could well be one helluva code monkey.

    1. Re:By the way, Al learned that from me . . . by Anonymous Coward · · Score: 0

      mmell's a libeler projecting his own pedo problem on others 2x http://slashdot.org/comments.pl?sid=5126925&cid=46941837/ + http://slashdot.org/comments.pl?sid=5117369&cid=46931715/ who's penniless and not worth lawsuits.

  15. A metaphorical example: by mmell · · Score: 1
    Back in the day when Telephone==Landline, if you got obnoxious, obscene or harassing phone calls, you called the phone company. If you really wanted to allege harm or damages, you got the data and sued the person that owned the phone the badness came from.

    These ladies are suing the phone company for not preventing the calls in the first place.

    It's an outdated metaphor, but it does express the nub of the issue. Let us remember that the phone company isn't allowed to listen in on your phone calls; by its very nature, the web does not require or even make reasonable that condition. Web hosts should be so constrained, with social media only granting exceptions for correctly identified registered users. The metaphor breaks down here because telephone technology made privacy considerations the norm. The internet by its very design makes this not so.

    I can rent a minute of airtime from ABC. I can sneak an ad full of pornography onto the air. As long as ABC can definitively point a finger at me, they should get a complete pass for any wrongdoing. The instant they admit "we don't know who this is, we just ran his ad" they should be held to take complete responsibility for the content of that ad. That'll teach them to either verify my identity completely or vet my ad completely before giving it air time. Web anonymity is a wonderful thing, but so far it seems to be doing society at large more harm than good.

    1. Re:A metaphorical example: by Anonymous Coward · · Score: 0

      Perhaps we should just be tagged like the cattle they take us for. Web anonymity is great and since real life anonymity is sadly almost gone, needs to be protected. I can't opt out of society, I can't opt out of using the financial system. There is hardly a place in the world I could run to try to escape it besides the web.

    2. Re: A metaphorical example: by Anonymous Coward · · Score: 0

      Going by that NBC metaphor, should highway authorities be responsible for the interstate transport of illegal weapons as a result of their failing to verify the identity of each driver to use the road?

      Seriously, what are you even arguing for?

  16. What about kitties? by antdude · · Score: 1

    What about kitty porn? :P

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    1. Re:What about kitties? by Coren22 · · Score: 1

      That is perfectly OK. It can be like the Discovery Channel.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  17. Re:3rd party ad = prison is very bad to have as la by Anonymous Coward · · Score: 0

    A lot of web sites use 3rd party ad services and it would be very hard for them check each ad from an 3rd party.

    Yes, they should.
    If you are taking profit from illegal activity ... you are part of problem.
    The same rules and arguments should be used as in attack on torrent seed servers. :-)

    If Tech companies will be slapped with "fine bat" they of course can pass it along to Ad brokers "and ensure that their agreements have that option"
    and "Ad brokers" of course can pass it down to the entity that submitted offending Ad.
    This may also solve problem of malware injecting adds ..
    Hit them where it hurts - straight into bottom line

  18. Shooting off your cocksucker again troll? by Anonymous Coward · · Score: 0

    "I don't shoot my mouth off without knowing what I'm talking about" - by raymorris (2726007) on Thursday December 31, 2015 @09:29AM (#51215379)

    Raymorris you shoot your mouth off f'ing up in 2 security fuckups https://it.slashdot.org/comments.pl?sid=5351503&cid=47379233/ & https://slashdot.org/comments.pl?sid=5351503&cid=47374033/ + raymorris = scriptkiddie https://politics.slashdot.org/comments.pl?sid=8895203&cid=51726265/

    &

    Tell us how ONLY 'newer script kiddie tools' have stringlength built in (when PASCAL had it for ages - my fav tool) https://slashdot.org/comments.pl?sid=8472509&cid=51114383/ YOU BLUNDERING WANNABE!

    APK

    P.S.=> You like to talk behind others' backs like the gossiping bitch TROLL you are raymorris https://slashdot.org/comments.pl?sid=9880997&cid=53312265/ well, here I am letting YOU TALK in those links, showing your FAILS wannabe ... apk

  19. Backpage still lost though. by Agripa · · Score: 1

    So Backpage won three times but changed their policies to kill the ads anyway.

  20. Re: 3rd party ad = prison is very bad to have as l by Anonymous Coward · · Score: 0

    Considering that copyright is an illegitimate, unjustified codification of the right to dominate and oppress another's human rights in the first place, it's funny that you still direct your scorn at the one moral source of obtaining content left. (Piracy.)