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Twitter Can't Be Blamed For 2015 ISIS-Linked Killings, Court Rules (sfgate.com)

A federal appeals court in San Francisco ruled yesterday that Twitter is not legally responsible for the deaths of two Americans in an ISIS-linked attack in Jordan, even though the Islamic State may have used its access to Twitter to spread its message of terrorism and recruit new members. The decision upholds a 2016 ruling on the same case, which was filed by the families of the victims of the terrorist attack. SFGate reports: "Without Twitter, the explosive growth of ISIS over the last few years into the most-feared terrorist group in the world would not have been possible," the suit said. The Americans, Lloyd Fields Jr. and James Creach, were former police officers working for U.S. companies training law enforcement officers in Jordan. They were among five people shot to death in November 2015 by a Jordanian police captain, later identified as a member of an Islamic State terror cell. Islamic State said it was responsible for killing the "American crusaders."

As an example of the Twitter activity, the women's lawyers showed a snapshot of an undated tweet, allegedly from Islamic State, that declared "there is no life without jihad." As of December 2014, the suit said, the terror group had 70,000 Twitter accounts, of which 79 were "official" Islamic State accounts. Only recently, the lawyers said, had Twitter changed its rules to prohibit threats of violence or terrorism and ordered the suspension of accounts promoting terrorism. But the Ninth U.S. Circuit Court of Appeals in San Francisco said the suit failed to show a direct connection between Islamic State's use of Twitter and the fatal attack. "At most, the (suit) establishes that Twitter's alleged provision of material support to ISIS facilitated the organization's growth and ability to plan and execute terrorist acts," Judge Milan Smith said in the 3-0 ruling, which upheld a federal judge's dismissal of the suit earlier.

49 comments

  1. in a us court! not in others by Joe_Dragon · · Score: 2

    in a us court! not in others

  2. That's like suing the post office... by Ayano · · Score: 3, Insightful

    For delivering letters laced with anthrax. You can't have the messenger also be your body guard or poison tester.

    --
    I don't read AC
    1. Re:That's like suing the post office... by Anonymous Coward · · Score: 0

      I agree with you and with the court's ruling, whoever is responsible only for delivering messages should not be also responsible for the message... BUT... (as a right-wing/nationalist Greek) i must comment that Twitter has choose to become also a part of the message by choosing to deliver only certain messages...

      My message against Muslims ...&#$%&... NO CARRIER...

    2. Re: That's like suing the post office... by Anonymous Coward · · Score: 0

      ISIS Space Agency is the global leader of humane space travel into the universe of god.

    3. Re:That's like suing the post office... by Anonymous Coward · · Score: 0

      So you're the Greek answer to APK. Do you ever have anything else to tell us? Apparently not.

  3. YouTube is guilty of ... by CaptainDork · · Score: 1

    ... promoting sexual harassment.

    Donald Trump On Tape: I Grab Women "By The Pussy”

    --
    It little behooves the best of us to comment on the rest of us.
    1. Re: YouTube is guilty of ... by Anonymous Coward · · Score: 0

      Good, man evolved to grab women by the pussy.
      Contrary to what your social justice grad school of pervs and pedophiles is brainwashing.

    2. Re: YouTube is guilty of ... by Anonymous Coward · · Score: 0

      And I've evolved to beat the shit out of you if you try it on my wife or daughter. Try that on for some social justice, asshole.

    3. Re: YouTube is guilty of ... by Anonymous Coward · · Score: 0

      Hey, retard, I've seen your wife-daughter. That fucking ugly piece of shit I wouldn't touch with a long stick, not even if you pay me.

    4. Re: YouTube is guilty of ... by Anonymous Coward · · Score: 0

      You can't beat the shit out of something that consists of nothing else.
      You'll just move it around.

    5. Re: YouTube is guilty of ... by CaptainDork · · Score: 1

      Jails evolved along with that concept, as well.

      --
      It little behooves the best of us to comment on the rest of us.
  4. Correct Ruling by Anonymous Coward · · Score: 1

    Like any useful tool, some people will choose to (ab)use it for destructive ends.

    Don't blame the tool maker.

    1. Re:Correct Ruling by Anonymous Coward · · Score: 0

      You would like to think it is that simple. What about guns? There have been several attempts to sue gun makers. Eventually they are going to succeed and open the floodgates for lawsuits like this one.

    2. Re:Correct Ruling by fustakrakich · · Score: 3, Insightful

      Don't blame the tool maker.

      You can when they monitor and control the tool.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Correct Ruling by Anonymous Coward · · Score: 0

      Correct Ruling

      And you are SCOTUS, I take it.

  5. Damn right!! by Anonymous Coward · · Score: 0

    And the Russians can't be blamed for the dumbasses who voted for Trump and Clinton either. If you pull the trigger, you can't blame anybody else. So drop it, would ya?! Idiots

    1. Re:Damn right!! by Anonymous Coward · · Score: 0

      And the Russians can't be blamed for the dumbasses who voted for Trump and Clinton either. If you pull the trigger, you can't blame anybody else. So drop it, would ya?! Idiots

      It's not illegal to run an internet messaging service.

      It IS illegal for foreign nationals or countries to interfere in U.S. elections.

      It's ALSO illegal for American citizens or companies to accept money from foreign national or countries to interfere in U.S. elections.

      Those Russians involved should be added to a permanent sanctions list.
      The American companies involved should be fined.
      The people in charge at those American companies should be given a free 15 year stay at the grey bar hotel.

    2. Re:Damn right!! by Anonymous Coward · · Score: 0

      Found the snowflake suffering from Trump Derangement Syndrome!

      LOL, you guys are hilarious!

      C'mon, tell us again how Trump is going to be perp-walked out of the WH and sent to prison! I just *love* that bit!

      10/10, I Can't stop laughing!

    3. Re:Damn right!! by Anonymous Coward · · Score: 0

      The election ended up not being about the merits of Clinton and Trump but of their supporters. Every time a Clinton support described a Trump supporter as an uneducated dumbass and redneck they increased Trumps chance of winning. People didn't vote for Trump they voted against Clintons supporters. How else can you explain someone like Trump winning? It wasn't the Russians or any particular Clinton shortcoming it was the identity politics. Minorities of all types thrive on identity politics. Which is basically just a way to present the minority position as larger than they really are. The Internet has provided the tools to make the minority opinions look bigger than they really are. Identity politics use emotions instead of facts and intellect when debating differing opinions and issues. The insults hurled at anyone whose priorities didn't revolve around LBGT rights, immigrant policies, or renewed accusations of racial biases pushed more vote towards Trump. The vast majority are worried more about issues such as the economy, stable employment, lower tax burdens, affordable housing, safe neighborhoods, and possibly national security.

      The RNC made the mistake of ignoring Trump while the DNC made the mistake of insulting anyone who looked like they might vote for Trump.

    4. Re:Damn right!! by Zontar+The+Mindless · · Score: 1

      You only laugh because you know it's true.

      --
      Il n'y a pas de Planet B.
    5. Re:Damn right!! by Anonymous Coward · · Score: 0

      Yes, it's true, but it's also unconstitutional. The 1st Amendment explicitly states that congress shall make no law restraining the right to free expression. You can't get more precise than that. Yet we have judges granting illegal exceptions all the time. I wish there was a real demand to enforce the law as written, and that if people don't like it, they would follow the documented procedure for changing it, instead of applying personal interpretations.

      [Policeman:] You failed to stop at the stop sign back there

      [Driver:] That's ok officer. I'll stop twice at the next one

  6. Twitter Should Be Held Responsible by Anonymous Coward · · Score: 4, Interesting

    If Twitter was run as a free speech platform, where users were responsible for their own Tweets and where Tweets were only censored with a court order, then Twitter would have no responsibility. However, Twitter is run as a 'safe' platform and actively removes speech it finds 'offensive' or 'hateful'. By failing to remove these ISIS Tweets, Twitter was effectively endorsing them and should therefore be held responsible for their content.

    The postal services and phone services are not held responsible for the content of letters or phone calls because they do not censor any letters or calls, and do not try to determine what is right and wrong. Twitter does, and therefore is responsible for any content on its platform.

    I would like to know how the lawyers presented their case. I assume they did a very bad job to have lost so badly, because Twitter are without doubt guilty.

    1. Re: Twitter Should Be Held Responsible by Anonymous Coward · · Score: 0

      Whatever. How about suing former presidents for allowing Muslims into the USA for higher education and recruiting? How about suing all US news outlets for reporting and drawing attention to every terrorist action? That's material support because terrorists use the violence to get attention to make demands or deluded claims on the world. How about suing the CIA for giving money, weapons, and training to "freedom fighters" who grew up to become leaders of today's terrorist organizations? How about suing idiots like you who give mindshare to the idea that ANYONE besides the killer himself and (if the act was sponsored by an organization) the killer's chain of command should be held responsible for a murder, ESPECIALLY when that murder happens in what is effectively a war zone. Because you're obviously guilty.

    2. Re: Twitter Should Be Held Responsible by Anonymous Coward · · Score: 0

      ISIS has two parents - Obama and Hillary. I pray every day that I get to see them both pay for their crimes.

    3. Re:Twitter Should Be Held Responsible by fustakrakich · · Score: 0

      Yeah well, these kinds of double standards are openly endorsed now by the populace and the people they elect. Truth is personal.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re: Twitter Should Be Held Responsible by Kaenneth · · Score: 1

      So, what's it like being literally retarded?

    5. Re: Twitter Should Be Held Responsible by Anonymous Coward · · Score: 0

      It IS very difficult to set me on fire, and that's pretty nice.

    6. Re:Twitter Should Be Held Responsible by Anonymous Coward · · Score: 0

      If Twitter was run as a free speech platform, where users were responsible for their own Tweets and where Tweets were only censored with a court order, then Twitter would have no responsibility. However, Twitter is run as a 'safe' platform and actively removes speech it finds 'offensive' or 'hateful'. By failing to remove these ISIS Tweets, Twitter was effectively endorsing them and should therefore be held responsible for their content.

      The postal services and phone services are not held responsible for the content of letters or phone calls because they do not censor any letters or calls, and do not try to determine what is right and wrong. Twitter does, and therefore is responsible for any content on its platform.

      I would like to know how the lawyers presented their case. I assume they did a very bad job to have lost so badly, because Twitter are without doubt guilty.

      You fail to grasp the situation. The USPS says you can't ship certain items, but people do. Does the post office become responsible for someone then mailing something that was not supposed to ship? Usually not - depends on what they did or didn't do regarding the package.

      Same with Twitter or any other communication platform.

    7. Re: Twitter Should Be Held Responsible by Anonymous Coward · · Score: 0

      It was George W. Bush who invaded Iraq, removed Saddam Hussein from power, and thereby established a power vacuum in Iraq. That is the proximate cause of the rise of ISIS.

      Yet I decline to "pray every day" for GWB to "pay for his crime." Your hatred of Obama and Clinton appears to mark you as a partisan hack, seeing what you want to see. There are a lot more causes for ISIS than just two recent US political leaders on one side of the political spectrum.

      Just off the top of my head:

      - the total failure of the Iraqi Army during the ISIS advance. An army that was superior to the enemy in every way except morale, professionalism and leadership;
      - the stunningly biased Iraqi civilian government under al-Maliki, who alienated the Sunnis and the Kurds;
      - the pervasive lack of representative, just and honest governments in the Middle East;
      - the willingness of the West, but especially the US, to make deals with dubious groups and governments in the Middle East. Which usually results in blowback (though the timeframe for blowback varies wildly).

  7. Twitter has blood on its hands by schwit1 · · Score: 1, Informative

    "Only recently, the lawyers said, had Twitter changed its rules to prohibit threats of violence or terrorism and ordered the suspension of accounts promoting terrorism."

    Only recently

  8. No resopnsibility? by Shogun37 · · Score: 0

    The choices *should* be either A) uncensored free speech, and each individual is responsible for their messages *OR* B) a "safe" speech area where no one hears anything objectionable or is responsible for anything. Trying to have it both ways should get ,at the very least, your business license yanked. And be set on fire. For the good of the gene pool.

  9. That's not what the court decided by Solandri · · Score: 5, Insightful
    The court decided that "the suit failed to show a direct connection between Islamic State's use of Twitter and the fatal attack." In other words, if there had been a direct connection between the use of Twitter and the fatal attack, then Twitter may in fact have been liable.

    The distinction between this case and your Post Office example is common carrier status. The USPS is a common carrier, so they weren't liable for delivering letters with anthrax. But if they had had a policy of opening letters and packages, and refusing to deliver certain types of mail based on their own standards, then they could be liable for failing to stop the letters with anthrax.
    • If Twitter is agnostic towards its customers and allows anyone and everyone to use their services, then they are a common carrier and not responsible for illegal uses of their service. This is how Twitter would have to behave for your Post Office analogy to work.
    • If Twitter bans customers over content they post or who they follow or retweet, or selectively deletes tweets based on criteria they choose (not the customer), then they have willingly given up common carrier status and are potentially liable for the content that gets posted via their service. This is how the court considered Twitter.

    A more apt Post Office analogy would be if the USPS regularly opened and read people's mail and refused certain shipments, but they did not stop delivery of a newsletter encouraging poisoning people with anthrax. And someone had been killed by an anthrax attack not delivered via the USPS.

    1. Re:That's not what the court decided by Anonymous Coward · · Score: 0

      The USPS workers regularly flag suspicious packages and letters when sorting. It is not foolproof, but they most certainly do it.

    2. Re:That's not what the court decided by nasch · · Score: 1

      I believe CDA section 230 should give immunity to Twitter for the speech of their users, despite any moderation they choose to undertake. I don't think there's an exception for inciting violence.

    3. Re:That's not what the court decided by Zontar+The+Mindless · · Score: 1

      Is this sorting based on the *messages* contained in these letters and packages? No? Then not the same thing at all.

      --
      Il n'y a pas de Planet B.
  10. Why the hell not? by Bartles · · Score: 1

    Twitter has shown that they are very good at removing content they don't approve of. This should be no different and reasonably burdensome.

  11. Daesh by Anonymous Coward · · Score: 0

    Call the scum Daesh. Stop giving them credit for something theyâ(TM)re, or associating them with millions of normal Muslims around the world.

  12. Daesh by Anonymous Coward · · Score: 0

    Call the scum Daesh. Stop giving them credit for something theyâ(TM)re not (a state), or associating them with millions of normal Muslims around the world.

  13. Have they tried by Anonymous Coward · · Score: 0

    Blaming religion? Oh wait, of course not. Religion is infallible.

  14. Accidental Favour for Jordan by Anonymous Coward · · Score: 0

    I found one part of the summary quite scary: 'The Americans, Lloyd Fields Jr. and James Creach, were former police officers working for U.S. companies training law enforcement officers in Jordan.'
    Considering how Yanks 'train' their cops, Daesh probably did Jordan quite the favour here.

  15. Then how can Twitter be blamed for 2016 election? by walterbyrd · · Score: 1

    Do humans have free will? Or are we compelled to believe everything we read on twitter, and act accordingly?

  16. Re:Then how can Twitter be blamed for 2016 electio by Anonymous Coward · · Score: 0

    False dichotomy, it's neither.

  17. gifts bearing greeks (e: That's like suing the pos by Anonymous Coward · · Score: 0

    Sniffs like Greece is one of the places that primarily Muslim refugees land. Kinda like southern tiers of states in the USA.

    I'm sure some of us can be willingly virtue signaling until they wake up and there's a family camped out back on their property.

    Given the self inflicted economic wounds that Greek politicians have inflicted on their citizens , I'd imagine it'd be easy to scapegoat 'yall aren't from around here, are yew?' folks.

  18. Re:Then how can Twitter be blamed for 2016 electio by Anonymous Coward · · Score: 0

    Yes, we are compelled to believe everything we're told. There actually is a lot of evidence for that. It's pretty much the entire reason any religion has ever lasted longer than a single lifetime.

    And no, we don't have free will. Twitter might not be much of an expert on this subject but I'm sure any employee at Facebook or Google could explain it, and maybe even prove it.

  19. They might have a point. by Anonymous Coward · · Score: 0

    "Without Twitter, the explosive growth of ISIS over the last few years into the most-feared terrorist group in the world would not have been possible,"

    This may be true, but not in the way the plaintiffs meant. After all, Twitter has been widely used by media figures to ramp up fears that we're all inevitably going to be murdered in our beds by ISIS.

  20. Re:Anyone who uses twatter by CaptainDork · · Score: 1

    I used to be a pedophile but I got a pedicure.

    --
    It little behooves the best of us to comment on the rest of us.
  21. Idiots -- No News Here by Anonymous Coward · · Score: 0

    General Motors can't be held liable for the drunk driver that kills someone. Sony isn't responsible for the TV show that made someone flip out and kill their neightbors. Twitter isn't responsible for what someone types into it.

    Grow up, America. It's not always someone else's responsibility to babysit your entitlement feelings.

    "Sit down, shut up and stop ruining my life!"