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Do Social Media Bots Have a Right To Free Speech? (thebulletin.org)

One study found that 66% of tweets with links were posted by "suspected bots" -- with an even higher percentage for certain kinds of content. Now a new California law will require bots to disclose that they are bots.

But does that violate the bots' freedom of speech, asks Laurent Sacharoff, a law professor at the University of Arkansas. "Even though bots are abstract entities, we might think of them as having free speech rights to the extent that they are promoting or promulgating useful information for the rest of us," Sacharoff says. "That's one theory of why a bot would have a First Amendment free speech right, almost independent of its creators." Alternatively, the bots could just be viewed as direct extensions of their human creators. In either case -- whether because of an independent right to free speech or because of a human creator's right -- Sacharoff says, "you can get to one or another nature of bots having some kind of free speech right."

In previous Bulletin coverage, the author of the new California law dismisses the idea that the law violates free speech rights. State Sen. Robert Hertzberg says anonymous marketing and electioneering bots are committing fraud. "My point is, you can say whatever the heck you want," Hertzberg says. "I don't want to control one bit of the content of what's being said. Zero, zero, zero, zero, zero, zero. All I want is for the person who has to hear the content to know it comes from a computer. To me, that's a fraud element versus a free speech element."

Sacharoff believes that the issue of bots and their potential First Amendment rights may one day have its day in court. Campaigns, he says, will find that bots are helpful and that their "usefulness derives from the fact that they don't have to disclose that they're bots. If some account is retweeting something, if they have to say, 'I'm a bot' every time, then it's less effective. So sure I can see some campaign seeking a declaratory judgment that the law is invalid," he says. "Ditto, I guess, [for] selling stuff on the commercial side."

170 comments

  1. Ha! by PopeRatzo · · Score: 4, Insightful

    Nice try. No, bots do not have free speech rights. The piece of pizza crust that I left in the box that's sitting on my kitchen counter also doesn't have free speech rights.

    Now, are there any other stupid questions?

    --
    You are welcome on my lawn.
    1. Re:Ha! by Anonymous Coward · · Score: 4, Insightful

      Do people who write bots have free speech rights? Is it free speech to write a bot to speak on your behalf?

    2. Re:Ha! by Anonymous Coward · · Score: 0

      yes.

    3. Re:Ha! by Alypius · · Score: 1

      Completely agree. Wish I had mod points for you.

    4. Re:Ha! by Anonymous Coward · · Score: 0

      If you can't speak for yourself otherwise, it may be your right to use a mechanism that allows you to exercise your free speech.
      Of course this also means that you'd be liable for everything the bot does. You can't have one without the other.

    5. Re:Ha! by PopeRatzo · · Score: 1

      Do people who write bots have free speech rights?

      Yes. And the people who put political messages on signs also have free speech rights. However, the cardboard on which they write their message does not have free speech rights.

      People have rights. Bots are not people.

      Any further questions?

      --
      You are welcome on my lawn.
    6. Re:Ha! by alvinrod · · Score: 2

      Yes, but the bot itself has no rights. If you believe that it has free speech rights would you also accept that it has a right to life and that when the person who creates it turns it off that they've committed murder or some crime tantamount to it?

      We're discussing something that lacks basic sentience, never mind sapience, so why we'd even consider the question is foolish. This is also on Twitter, which is a private platform. Although I would consider it stupid of them to censor speech, they're free to do so as much as they would like. They don't owe anyone a soapbox.

    7. Re: Ha! by Anonymous Coward · · Score: 0

      In April 2018, the appeals court affirmed that animals can not legally hold copyrights.

    8. Re:Ha! by phantomfive · · Score: 2

      Of course this also means that you'd be liable for everything the bot does. You can't have one without the other.

      Believe it or not, you can. Laws are human constructs, and thus have no need to be logical or consistent.

      --
      "First they came for the slanderers and i said nothing."
    9. Re:Ha! by ShanghaiBill · · Score: 1

      Of course this also means that you'd be liable for everything the bot does.

      Not true. Many laws require violations to have "intent". Libel is one of these (at least in America). If your bot says something false and defamatory due to a programming oversight, the programmer is NOT guilty of libel because there was no intent.

      You can't have one without the other.

      Yes you can. Rights are inherent. They are not something you "earn".

    10. Re:Ha! by sjames · · Score: 1

      So, under that theory, MS committed a crime by shutting Tay off.

    11. Re:Ha! by Anonymous Coward · · Score: 0

      Nice try. No, bots do not have free speech rights. The piece of pizza crust that I left in the box that's sitting on my kitchen counter also doesn't have free speech rights.

      I'm a piece of pizza crust, you insensitive clod!

    12. Re:Ha! by ClickOnThis · · Score: 1

      Of course this also means that you'd be liable for everything the bot does.

      Not true. Many laws require violations to have "intent". Libel is one of these (at least in America). If your bot says something false and defamatory due to a programming oversight, the programmer is NOT guilty of libel because there was no intent.

      Well, the programmer may not be liable for libel, but I can imagine s/he could be sued for something else if the bot causes or induces harm to people, property, or even reputations. Maybe there was no intent, but that doesn't mean there was no negligence or malpractice.

      --
      If it weren't for deadlines, nothing would be late.
    13. Re: Ha! by Anonymous Coward · · Score: 0

      And how many tweets might as well have been from bots for all the help they are? At least 95% as many have claimed in the past, probably higher

    14. Re:Ha! by Anonymous Coward · · Score: 0

      Okay lib arts proff. All you know is stupid questions. Made a whole career out of asking em.

      Upsets you that others know the game too.

      Tis why you are so bitter.

    15. Re:Ha! by MaryannG · · Score: 2

      Would a scheduled tweet or status update delivered by an automated process be considered a bot? If so then, yes, a bot has a right to free speech as it is an extension of the speech that a person wishes to express. The fact that it's not delivered, in person (so to say), by a human being doesn't abrogate the rights of that speech to be heard as that was the intent of the speaker in the first place.

      Really, no different than the delayed reading of a printed newspaper editorial. The medium and method of delivery are irrelevant.

      Of course, how "bot" is defined is what's pertinent here. Most of what people today would call "bots" are really just prerecorded messages where the automation isn't the speech itself but the means by which it is delivered.

      --
      Social Media Handywoman at Texas Boys Balloo
    16. Re:Ha! by Anonymous Coward · · Score: 0

      You are required to be cited at the trial my client has intended against you.
      The piece of crust of your pizza leftover will seek human rights and free speech and is asking 2million dollars for implicit cruelty.

      Sincerely,
      Pizza brothers and kleiner perkins, lawyers associates.

    17. Re:Ha! by PopeRatzo · · Score: 1

      a bot has a right to free speech as it is an extension of the speech that a person wishes to express.

      No. My megaphone is also an extension of my speech, but it has no free speech rights. My pencil is an extension of my speech, but it also has no free speech rights.

      Rights are reserved for humans. Non-sentient objects do not get rights.

      the automation isn't the speech itself but the means by which it is delivered.

      Exactly! You are so close to understanding. You have free speech rights. The mechanisms you use to deliver that speech does not have rights.

      Look at it this way: If a bot's free speech rights are violated, can it bring a lawsuit? If my pencil's free speech rights are violated, can it bring a lawsuit? Would you like to see the law changed so that objects can have standing in court to sue?

      --
      You are welcome on my lawn.
    18. Re:Ha! by Anonymous Coward · · Score: 0

      Any further questions?

      At what point does free speech end?

      What if you run the bot on a computer that isn't yours? Does the computer owner have the right to stop your speech?
      What if your bot posts messages on a forum that is stored on a computer that you don't own?
      What if you use cables that you don't own? May any cable owner or owner of a computer that handles the message decide what messages are allowed through?

      What about common carriers? The constitution doesn't make any distinction about them.

    19. Re:Ha! by PopeRatzo · · Score: 1

      At what point does free speech end?

      It starts and ends with human beings.

      what if you run the bot on a computer that isn't yours? Does the computer owner have the right to stop your speech?

      Of course.

      What if your bot posts messages on a forum that is stored on a computer that you don't own?

      Same answer.

      What if you use cables that you don't own? May any cable owner or owner of a computer that handles the message decide what messages are allowed through?

      The owner of the cable can say that no bots shall run on it if he can enforce that.

      --
      You are welcome on my lawn.
    20. Re:Ha! by AHuxley · · Score: 1

      Bots on line as "bots" are just another way of broadcasting a political message.
      In the USA people have the freedom from government to use technology to publish and broadcast their political views.
      Many people will see a funny meme about a failed political leader. They have the right to LOL at that a political leader for any reason.
      To spread that artwork a computer can be used.
      Just as past generations used printing, radio, billboards to get their own winning political message out to many people.
      All free from government laws and rules.
      People can then comment on that politics free of government laws and rules.
      Free of speech, freedom after speech. Using any methods, tools and services to reach many people.

      --
      Domestic spying is now "Benign Information Gathering"
    21. Re:Ha! by Anonymous Coward · · Score: 0

      Wait a second, I thought laws like the First Amendment were immutable human rights given by God himself!

    22. Re:Ha! by dryeo · · Score: 1

      In the USA people have the freedom from government to use technology to publish and broadcast their political views.

      Only to a degree. Try using a megaphone in the middle of the night in a residential zone to broadcast your political views. Try flying around a no fly zone with a banner with your political views.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    23. Re:Ha! by PopeRatzo · · Score: 1

      In the USA people have the freedom from government to use technology to publish and broadcast their political views.

      Yes, but that does not mean the technology suddenly gets civil rights. People have the right to free speech. Technology does not.

      Just as past generations used printing, radio, billboards to get their own winning political message out to many people.

      Communities can ban billboards, and radio is regulated. There are certain things you cannot say over broadcast radio. Certain messages that cannot be posted on a billboard.

      Why is this simple concept so difficult for you?

      --
      You are welcome on my lawn.
    24. Re:Ha! by AHuxley · · Score: 1

      The use of printing, radio, billboards to spread a political message is protect from gov demands not to publish.
      Why should one side of US politics get to tell people what tech they can use to publish their own free speech?
      To spread a funny political meme.
      The past cost of a printing, radio, a billboard in one state is now national and low cost thanks to the internet.
      Was radio banned from talking about politics? A charismatic voice with the money to buy time to broadcast could sway thinking.
      Time to ban political signs in yards? Lots of people might see the sign?
      Why should the freedom to publish on the internet be banned by the US gov?

      --
      Domestic spying is now "Benign Information Gathering"
    25. Re:Ha! by dryeo · · Score: 1

      The freedom to publish on the internet should not be banned by any government. Banning things for loudness or sign size limits seem reasonable as long as they apply to all equally. Radio is also limited to certain frequencies, power etc. Once again as long as the limits apply to everyone in the interests of things working, I don't see a problem.
      Partisan based bans I do see a problem with.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    26. Re:Ha! by HanzoSpam · · Score: 1

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      I don't see where anyone - or anything - is guarunteed a right to free speech. All I'm seeing is that congress is prohibited from abridging it. It makes no distinction as to the source of the speech.

      --

      Progressivism: Parasites helping parasites to help themselves - to other people's stuff.
    27. Re:Ha! by MaryannG · · Score: 1

      I think I'm a little closer to understanding than you are. The bot works within the human directly controlling it. Your megaphone and pencil do not. They do not operate independently of you. The bot does. The issue isn't the medium or the technology but the concept that the message can be received and then, via an programming algorithm, restated in various forums and venues. Your pencil nor your megaphone have that ability. They do not disseminate your message without your immediate and direct control. The bot does.

      --
      Social Media Handywoman at Texas Boys Balloo
    28. Re:Ha! by PopeRatzo · · Score: 1

      The bot works within the human directly controlling it. Your megaphone and pencil do not. They do not operate independently of you. The bot does.

      No, no and no. You're bouncing all over the point. First you say, "the bot works within the human directly controlling it" and a couple sentences later, you're telling us the bot works independently. Those are contradictory statements. The owner of the bot has human rights and civil rights. The bot does not and can not. It is not sentient. If it is denied its rights, the bot does not have standing to bring a lawsuit. It is not endowed with inalienable rights. If I kill a bot, I have not committed murder.

      There is no mechanism in the law by which a non-sentient object can have human rights. See? It's right in the name: human rights. We make one very controversial and very limited exception, and that's for corporations, and only because corporations (supposedly) are comprised of humans. There has to be some human, somewhere. Bots are not comprised of humans. Algorithms are not human.

      You're just being silly. I think you're arguing just to be contrary. If you sit down and think this through, I'll bet you will eventually understand.

      --
      You are welcome on my lawn.
    29. Re:Ha! by MaryannG · · Score: 1

      And I'll bet that you're intentionally missing the obvious...that the word I typed in originally got changed to "within". The obvious word selection there and which matches the point of the post would be "without".

      However, I'm a fairly smart person and don't think that even a simple changed word (that I imagine most other casual readers realized was a obvious typo) will change your condescension.

      You can believe you're right but clearly the question isn't settled so claiming some false sense of superior understanding or intellect is childish and, frankly, tiring.

      You cannot restrict the speech offered by a radio or television both of whom often disseminate their message in a pre-recorded fashion via their chosen mediums simply BECAUSE they're not a human being at the moment the message is delivered. It's pretty much identical here.

      You can choose to sit or stand while you digest the obvious parallels there.

      --
      Social Media Handywoman at Texas Boys Balloo
    30. Re:Ha! by PopeRatzo · · Score: 1

      I'm a fairly smart person

      ...is something that fairly smart people don't have to say.

      --
      You are welcome on my lawn.
    31. Re:Ha! by MaryannG · · Score: 1

      We usually don't feel the need to.

      --
      Social Media Handywoman at Texas Boys Balloo
  2. Anonymity is different to freedom of speech right? by Anonymous Coward · · Score: 0

    Disclosure of who/what is posting is different to what is posted. Surely this is a question of the right to some kind of anonymity??

  3. Where does ANY information come from? by petes_PoV · · Score: 2

    the person who has to hear the content to know it comes from a computer

    There is an issue of extent here.

    Pretty much everything that is written online has some element of "coming from a computer". Whether that is spell-checking (and auto-correct) or looking up facts and references online to insert into the content. It is arguable that the only truly human generated content is when the author has written everything, personally.

    Even then, that relies on what they learned: at school, in front of a computer screen, watching TV or from the media. What is the "from a computer" content of all that?

    And asking for anything to be signed "written by Blogbot v1.0" or some such is naive in the extreme. Doesn't this guy understand: people (and computers) can tell lies.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:Where does ANY information come from? by Anonymous Coward · · Score: 0

      Sure they can lie. Penalties can be levied if caught. Same reason, why immigration asks if you committed a crime.

    2. Re:Where does ANY information come from? by AmiMoJo · · Score: 2

      And asking for anything to be signed "written by Blogbot v1.0" or some such is naive in the extreme. Doesn't this guy understand: people (and computers) can tell lies.

      By that logic most laws are pointless. The idea is that if you make it a requirement then not doing it becomes a reason to ban the account, or even to investigate and prosecute persistent offenders.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:Where does ANY information come from? by Oligonicella · · Score: 1

      Pretty much everything that is written online has some element of "coming from a computer".

      Not in the way normal, everyday people understand that phrase. Only pedants tread that far. The rest is further pedantry.

  4. Certainly by Anonymous Coward · · Score: 0, Flamebait

    If Conservatives have a right to free speech, bots do as well. They both post whatever their masters have programmed them to say.

  5. Citizens ... by CaptainDork · · Score: 1

    ... United.

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

      You clearly did not read the decision, if you think these are in any way similar.

    2. Re:Citizens ... by CaptainDork · · Score: 1

      Businesses and unions are people.

      Bots are people.

      What's hard about that?

      --
      It little behooves the best of us to comment on the rest of us.
    3. Re:Citizens ... by Anonymous Coward · · Score: 0

      Because Citizen's United didn't declare that businesses are people.

      Citizen's United declared that when people cooperate to speak, such as by pooling money to purchase expensive TV advertisements or air movies, they do not lose their rights to speech just because they are acting collectively. This is why the ACLU supported Citizen's United - because otherwise, broad speech is restricted to the very wealthy, those few that can afford multi-million dollar ad buys.

      Bots are not people. They are the tools that people use to spread their message, which means that people do not lose their free speech rights just because they use tools. Those tools, however, do not have speech rights.

    4. Re:Citizens ... by CaptainDork · · Score: 1

      Businesses and unions are people.

      Bots are people.

      --
      It little behooves the best of us to comment on the rest of us.
    5. Re:Citizens ... by MrL0G1C · · Score: 1

      Bots are people like cabbages are cars.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    6. Re:Citizens ... by CaptainDork · · Score: 1

      Bots are people, as are cars.

      Both are sources of revenue and will be able to produce protected text.

      --
      It little behooves the best of us to comment on the rest of us.
    7. Re:Citizens ... by MrL0G1C · · Score: 1

      No, bots are bots, people are people and cars are cars, there seems to be a problem with your basic categorising there.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    8. Re:Citizens ... by CaptainDork · · Score: 1

      You know there's no problem. SCOTUS is going to rule in favour of capitalism. That's Citizens United.

      Bots and cars will be communicating with people. There's money in that. For that reason, all will be protected by the 1st amendment.

      So it is written, so let it be done.

      --
      It little behooves the best of us to comment on the rest of us.
  6. I am forced to declare that i am a robot. by Anonymous Coward · · Score: 0

    And therefore you have been robotrolled by this comment.

  7. UMBRAGE by duketor · · Score: 1

    Everyone assumes that "Russian hackers" are a) Russian and b) non-state adversaries.

    https://en.wikipedia.org/wiki/...

    --

    Never play leapfrog with a unicorn.
    1. Re:UMBRAGE by RedK · · Score: 0, Troll

      Sometimes, the "Russian Bots" are simply Democratic operatives trying to invent a "Russia!" narrative :

      https://www.nytimes.com/2018/1...

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    2. Re:UMBRAGE by Anonymous Coward · · Score: 0

      I'm afraid you're a bit out of date, here. Was Manafort a Democratic operative when he contacted Russian operatives hundreds of times during his tenure in the Trump campaign? Or are his lawyers teen aged kids sitting on their beds in their parent's basements?

      Game, Set, Match. You loose.

    3. Re:UMBRAGE by Anonymous Coward · · Score: 0

      Ah, another internet idiot who doesn't know how to spell lose.

    4. Re:UMBRAGE by Anonymous Coward · · Score: 0

      Sorry, but the editors at /. have refused to cover that story, despite it being upvoted by the users to red in the firehose.

  8. On the internet nobody knows you're a program. by Ungrounded+Lightning · · Score: 1, Offtopic

    ... or a dog.

    (Thank you, Peter Seiner.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:On the internet nobody knows you're a program. by Ungrounded+Lightning · · Score: 0

      thank you Peter Steiner.

      (Thank Leovo's squashed-chicklet laptop keyboard for the typo. B-b Also my eyes: I actually checked before posting and missed it.)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  9. In related news by Anonymous Coward · · Score: 0, Insightful

    Laurent Sacharoff was revealed today to be a complete fuckwit.

  10. Freeze peach or what? by PopeRatzo · · Score: 4, Insightful

    Betteridge just called to say, "fuck no, bots don't have free speech rights".

    --
    You are welcome on my lawn.
  11. I'd argue by bobstreo · · Score: 1

    if the bot is owned by the account it's posting to, it still doesn't have any rights at all, especially first or 2nd amendment rights. /s?

    If a bot is posting to social media to create furor, misinformation, or to pump and dump stocks, it should probably be immediately sentenced to death.

    If a bot can pass a Turing test, and successfully file for citizenship, without human (or legal) assistance, then maybe, just maybe on a case-by-case basis, we could think about it. (or start building cyber walls to keep out foreign bots trying to steal our bots jobs)

  12. They already do by Anonymous Coward · · Score: 0

    And they're widely known as the "mainstream media" or more recently as "NPCs"

  13. No by The+Grim+Reefer · · Score: 0

    But does that violate the bots' freedom of speech,

    No.

    1. Re: No by Anonymous Coward · · Score: 0

      How could such a short post be so amusing on so many levels?

  14. Hmm... Let me see... by fahrbot-bot · · Score: 0

    Do Social Media Bots Have a Right To Free Speech?

    No. /thread

    --
    It must have been something you assimilated. . . .
  15. Thinking versus absence of thinking by Livius · · Score: 4, Insightful

    we might think of them as having free speech rights

    Or we could just use some common sense.

    I have free speech rights. I can hold up a sign with message I want to convey. The sign does not have free speech rights, and it's legitimacy ends the moment it leaves my hand.

    1. Re:Thinking versus absence of thinking by Anonymous Coward · · Score: 0

      Just like how books are an illegitimate form of speech because they have left the physical possession of the author. What an idiotic thing to say.

    2. Re:Thinking versus absence of thinking by Anonymous Coward · · Score: 0

      A book, as an inanimate object, does not have any rights implied or otherwise. Try again.

    3. Re:Thinking versus absence of thinking by Anonymous Coward · · Score: 0

      But the author does, and just because the book is not physically in the hand of the author doesn't mean that it's no longer legitimate speech by the author, just like when a sign isn't in your hand doesn't mean it isn't speech anymore as the OP stated at the end.

    4. Re:Thinking versus absence of thinking by Livius · · Score: 1

      If I've paid for the book I can burn if I want. That's my right to free speech. The author's rights don't enter into it at all.

    5. Re:Thinking versus absence of thinking by Anonymous Coward · · Score: 0

      Except that isn't what you originally said, you said that "it's legitimacy ends" in reference to the sign. It is still speech and still legitimate despite that you can burn your copy of it.

    6. Re:Thinking versus absence of thinking by ScentCone · · Score: 0, Flamebait

      The sign does not have free speech rights, and it's legitimacy ends the moment it leaves my hand.

      What?

      So, I write something on a sign and hold it up in the air, and it's "legitimate." I set the sign down to tie my shoe, and it's no longer so? Please don't endanger other people by doing rash things like ... voting. You're not cut out for it.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Thinking versus absence of thinking by Livius · · Score: 1

      The sign's legitimacy derives wholly from my right to free speech.

      The sign itself has no rights.

    8. Re:Thinking versus absence of thinking by Anonymous Coward · · Score: 0

      You deliberately misrepresented what he obviously meant by "leaves my hand."

      That is known as the "straw man fallacy," and it is used as a last resort by people who know they are wrong.

      Like you.

  16. "we might think if them" by mapkinase · · Score: 1

    We might think of them as mushrooms as well.

    I just did.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  17. Attention Arkansas residents... by anvilmark · · Score: 3, Funny

    You may wish to influence your children to choose a different university if they are planning on pursuing a Law degree.

  18. Re: Anonymity is different to freedom of speech ri by Anonymous Coward · · Score: 0

    And what about the source of the posts? It is easy to trick a bit into retweeting fake news for example. If a bit retweets fake news why is that a barrier to considering free speech versus penalizing the source of fake news?

  19. With great power comes responsiblity by Nkwe · · Score: 5, Insightful

    Personally I would think that a bot's "speech" is really just an extension of the rights to free speech of the human creator of the bot. With the human right to free speech (at least in countries that have that right), there is also the responsibility and liability for what is said. The classic example is that of yelling "Fire!" in a theater. You are free to do this, but if you do, and there is not really a fire, you can be held responsible for injuries incurred by people trying to escape the non-existent fire. If you create a bot (program / algorithm that autonomously communicates on your behalf) and that bot makes untrue speech, I would think that you should be on the hook for slander or libel.

    1. Re:With great power comes responsiblity by Anonymous Coward · · Score: 0

      The bot's liability passes up for laws broken by the speech (which was protected, but committed a second unprotected action).

      That's easy enough. Do the bot's opinions inherit liability? Thanks to the 1stA, it's very rarely considered to be material, but it can happen. We had a few headlines over Musk's representation to his shareholders, for instance.

      If he launches a chatbot like Microsoft did, and includes the boilerplate of this headline (The procedurally-generated opinions here do not represent those of the host) I should like to think he's protected.

      On opinion. If the bot causes a fire scare, it's a law that can carry liability to a parent. Most laws are.

  20. This is a red herring by Anonymous Coward · · Score: 0

    The real issue is whether fake news is free speech.

  21. Bots have more rights than doctors?! by Anonymous Coward · · Score: 0

    The courts have ruled that doctors can be forced to give (false) information about abortions (https://broadly.vice.com/en_us/article/nz88gx/a-state-by-state-list-of-the-lies-abortion-doctors-are-forced-to-tell-women). To claim that bots can not be forced to state the truth is absurd.

    1. Re:Bots have more rights than doctors?! by Anonymous Coward · · Score: 0

      >it is a lie that complications of abortion include death
      >it is a lie that 20week fetuses can feel pain
      >it is a lie that women may feel depression/suicidal after abortion

      I thought I stomach enough to skim vice for a good 10 seconds.

      I had to quit early.

  22. Yea by Anonymous Coward · · Score: 0

    As much as you have the right to use homophones.

  23. Does a printing press have Freedom of the Press? by Ungrounded+Lightning · · Score: 3, Insightful

    Quit being obtuse.

    Try being a little deeper:

    Do Social Media Bots Have a Right To Free Speech?

    Does a printing press have a right to Freedom of the Press?

    Does a USER of a printing press have a right to Freedom of the Press?

    Does a USER of a social media bot have a right to Free Speech?

    IMHO That sort of argument stands a good chance of prevailing at the Supreme Court. Anonymous speech has already been ruled to be protected, even (especially) if in the form of political campaign literature, and the anonymity protected even if the speaker/poster loses a suit due to the speech itself being tortuous.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  24. Turing Test? by mandginguero · · Score: 2

    What if only bots that could not pass a Turing Test had to be labeled? This could be implemented with something (more captcha than Voight-Kompff) before allowing a submitted tweet/comment/etc to post.

    --
    i don't know karate, but i know ca-razy
    1. Re: Turing Test? by Anonymous Coward · · Score: 0

      Oh you have something there

  25. Wrong title used. by Anonymous Coward · · Score: 0

    Did you mean social network bots?
    This is after all software on a machine connected to a network after all.

  26. They should by Anonymous Coward · · Score: 0

    In the sense that itâ(TM)s the free speech rights of the bot creator.
    The mechanism of how I choose to spread my message should not matter.
    A bot is simply a way of spreading my message and exercising my free speech rights.

  27. Erosion of belief by Anonymous Coward · · Score: 0

    All we're doing by not including this data is defiling the source as garbage, when we find out. So, I can get stuff in Bookface that I think some individual said. But as soon as I find out that the source is dubious, I stop using that as a source.

    For instance, you can snicker like a weasel when you call me from a spoofed caller ID that has the same first 5 numbers as my phone number, that worked once or twice, but now I just block all numbers from those prefixes.

  28. This is one of the stupidest questions ever posed. by Anonymous Coward · · Score: 0

    Please stop giving stupid people media coverage.

  29. Re: Anonymity is different to freedom of speech r by Anonymous Coward · · Score: 1

    It's even easier to trick real people into spreading bullshit, with a bot you can at least attempt to add some type of validation logic to it.

  30. No. by Qbertino · · Score: 1

    They don't have a soul. They are - you're not going to believe this - bots. Designed and run to shout and speak random stuff into a massive social space to achieve a desired effect of some sort. Sort of like yelling "Fire"in a building where there is none.
    So no, bots aren't protected by free speech, just like my screwdriver isn't protected by free speech. Of course not.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:No. by Anonymous Coward · · Score: 0

      They don't have a soul.

      Since when does selling your soul stop your Free Speech right in the U.S.? Companies have Free Speech rights, and if there ever was something as soulless as a media megacorp.

    2. Re:No. by dissy · · Score: 2

      They don't have a soul.

      This isn't to counter your point, but you may find it amusing.
      The law has a very specific, and very odd to most, definition of a "legal person"
      A "legal person" doesn't require a soul, nor does it require to be human. But the definition is very specific and inclusive.

      ALM lists:
      person
      n. 1) a human being. 2) a corporation treated as having the rights and obligations of a person. Counties and cities can be treated as a person in the same manner as a corporation. However, corporations, counties and cities cannot have the emotions of humans such as malice, and therefore are not liable for punitive damages unless there is a statute authorizing the award of punitive damages.

      "Bot", or software for that matter, is not in the list. So it's a simple clear cut answer of No.

      But the amusing part, only the first out of four specifically listed things is a human!
      (I'll operate on the assumption that being a person is a prerequisite for having a soul to most people that use that term)

      For a bot to have personhood under the law, and thus rights like freedom of speech, the law will need to be changed to include them in the definition of "person"
      (and I for one hope that doesn't happen)

  31. The real question is do proxies have free speech r by layabout · · Score: 1

    I hate to say it but if a bot is representing a person, they could be seen as having First Amendment rights by virtue of representing and enabling an individual's anonymous speech as long as that speech is one of the permitted classes under the First Amendment.

    Assuming that a bot is a speech proxy for an individual or an entity (i.e. Corporation) one needs to look at what examples we have of speech proxies and how they are handled with regards to speech rights. One example that come to mind immediately is lawyers. Sock puppets, meat puppets, and Astroturfing are other examples of speech proxies.

    Given that anonymous speech is a large component of First Amendment rights, speaking through a lawyer anonymously should be sufficient to preserve your first amendment anonymous speech rights. If there was societal or government pressure keeping the lawyer from speaking, that would be an infringement on your speech rights. I think it's reasonable to conclude that if a bot is considered to be a proxy speaking on behalf of an individual and the individuals speech rights are conferred to the proxy, then the bot has the individuals speech rights.

    by the way, the king is a Fink

  32. What kind of law professor talks such hogwash? by Anonymous Coward · · Score: 0

    Rights basically fall into two classes: citizen rights which come with the obligations of citizenship attached, and basic human rights granted to humans. There are also things like animal rights (not really rights but protections) that involve avoiding unnecessary pain for sentient organisms but those are more like restrictions on what you may do with your property.

    Bots don't fall in any category which would have rights or protections.

    Not even knowing who or what may even be given rights means not even getting the basics of law right.

  33. Do megaphones have a right to free speech? by hey! · · Score: 2

    No, they do not. People who *use* megaphones *do* have a right to free speech, but that doesn't permit them to blare political slogans at your house at 3AM.

    There is a longstanding principle of First Amendment law in the US, which is that the government cannot regulate the *content* of speech except in certain very narrow situations, but it has a lot more leeway to regulate the *manner* of speech as long as it does it in a content neutral way.

    So I suspect it's fine for the government to go after political spam bots posing as humans without violating the rights of the spammers behind the bots, as long as it treat all spam bots the same way regardless of who they are working for.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Do megaphones have a right to free speech? by Tony+Isaac · · Score: 1

      No one is suggesting that the bots can't say what their authors want them to say. The law just requires them to disclose that they are bots.

      In the megaphone analogy, everybody knows it's a megaphone, so there is nothing gained by disclosure.

      A better analogy is campaign commercials, which must disclose who paid for the commercial. The commercial can then "say" whatever the authors want them to say.

  34. Re:The real question is do proxies have free speec by Livius · · Score: 1

    Can a bot exercise someone's right to vote? How about a million bots?

  35. Right to speak anonymously (non-commercial) by raymorris · · Score: 2

    Suppose a law said "you may criticise Nancy Pelosi all you want; you just have to end your message with 'I'm an idiot Trumptard'".

    That would of course violate the first amendment. Which demonstrates that requiring people to add additional words to a message can violate the first amendment. The first amendment means you can say "the orange moron in the White House doesn't know what he's doing" and not have to add anything more to that, in general. A law requiring you to add "and I have know idea what I'm talking about" wouldn't be valid.

    Further, a blanket requirement to always sign messages with your real ID would tend to quell certain important speech. We want "sources in the administration" to be able to say that the President is being loony. We can easily a imagine a slightly more oppressive future US government taking action against those who speak out. So the ability to speak anonymously is tied to free speech. Not inextricably in all cases, but there is certainly a connection.

    Having said all that, there are counter-balancing interests in some cases. False advertising, for example. We have the freedom to say what we want. Including things that don't match up with the government's official "truth". We don't have the freedom to sell fraudulent products via false and misleading speech. So different types of speech have different considerations, and sometimes there is a balancing act.

    One that is interesting to me is political speech. We know that one of the major reasons for the first amendment is allow people to criticize government officials and government policies. So this should be an area where we err on the side of freedom. On the other hand, criticizing Trump (or Obama) in a way that would be effective often requires making many copies of a pamphlet, or hosting it on a web site, or something else that can reach a lot of people - and costs money. That's when we run head on into the "money in politics" issue.

    Should it be legal to do what Michael Moore and his company do, make a movie criticizing a politician? That involves spending money! I suspect most people on Slashdot would say Michael Moore's movie Farenheit 911 was an exercise of his free speech rights. Most also seem to think that the response movie Celsius 41.1 is NOT within the First Amendment. Celsius 41.11 is the movie by Citizens United.

    The famous court court case was when Citizens United appealed a decision that was ilegal to advertise their movie prior to the 2008 primaries because the movie was critical of Hillary Clinton.

    It's an interesting issue. Obviously the freedom to criticize politicians and their policies is key to the first amendment. To have that criticism heard often requires spending ten cents to make a copy, thirty cents to mail it, or even $15 to rent a microphone. And of course pointing out bad decisions by politicians can influence an election. So criticizing politicians is money affecting elections.

    1. Re:Right to speak anonymously (non-commercial) by ScentCone · · Score: 3, Insightful

      We can easily a imagine a slightly more oppressive future US government taking action against those who speak out.

      Or we can just look at the last one, which took action legal against and jailed journalists who interfered with the administration's message, monitored their work and home phones and those of their families, and so on. We won't have to imagine it at all.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Right to speak anonymously (non-commercial) by postbigbang · · Score: 2, Informative

      Fraud and deception haven't ever been legal. To posit that an app is a human is fraudulent and deceitful. Amplifying your message as though it represents a mass of people more than the singularity of the sender is deceitful. The First Amendment right should not be abridged at all. But it should represent your size, and not that you are many when you are not many. This isn't Citizens United, which is a different theory of law. This is about fraud, and bots are fraud.

      --
      ---- Teach Peace. It's Cheaper Than War.
    3. Re:Right to speak anonymously (non-commercial) by Anonymous Coward · · Score: 1

      requiring people to add additional words to a message

      Modifying the communique. Designating a bot doesn't modify the speech. This conflation is so obvious I wonder if it was intentional.

      Things like shouting Fire and false advertising are allowed emissions - but you will break a law after doing so. You can shout Fire in places that don't endanger lives. Fire isn't a swear word. An illegal word. But it may potentially commit a separate action. The second action is prohibited. The speech isn't, not innately. These counterbalances don't directly impede speech.

      These are comparatively simple definitions, far from subjective terms like "intent". In many states, possession and even use of lockpick tools is protected. This protection is not directly impeded by burglary laws. There is a gray thoughtcrime area of "conspiracy to commit", a tedium we don't bother with in speech.

      If anything, designating a communique as "The opinions expressed here are procedurally generated" helps protect the script's executor, as seen in past attempts at entertaining an AI talking head. The bot was allowed to praise Nazis, while Microsoft could claim the message was not their own.

      The bot's speech is not restricted. The bot's speech is not modified. I don't care if the law is blocked, but use something other than 1stA to do it, because it doesn't apply.

    4. Re: Right to speak anonymously (non-commercial) by Anonymous Coward · · Score: 0

      It seems like the first part of this is deciding whether something is free speech and then the second part is whether speech can be modified. I suspect scholars can easily agree on the first part. On the second part it might take more time for scholars to come to consensus but that does not impact the veracity of the first part or what led to it

    5. Re: Right to speak anonymously (non-commercial) by Anonymous Coward · · Score: 0

      Or we can look up your best friend, Neo-Nazi and child abuser Milo Yiannopoulos who can't wait for vigilante squads to start gunning journalists down on sight.

  36. What About Corporate Bots? by Anonymous Coward · · Score: 1

    We have the legal definition of corporate personhood, so if a corporation deploys the bots, then they have free speech.

    Also, America is mental.

    1. Re:What About Corporate Bots? by Anonymous Coward · · Score: 0

      I'll believe that corporations are people the day Texas executes one.

  37. The Duh Factor by Anonymous Coward · · Score: 0

    We live in a twisted world and one would expect this to be a simple issue but it is not. The Supreme Court has already declared that corporations have the legal status of being human. To me that is absurd. After all every owner and employee of a corporation has his own vote. Right now most phone solicitations as well as so-called appointment setting is illegal. A human must be part of every such call by law. We could easily assign one extra number so that our phones can rule out all solicitations if we make using such devices a major felony but our government is too corrupt to do that. now Imagine an AI device that makes endless calls to simply judge who is in a good mood etc.. It is past time to stop this nonsense.

  38. Buy a gun by Anonymous Coward · · Score: 0

    Easier question based on the same principle that Americans might understand better: Can a bot buy and own a gun? Or who exactly has the permission/right - the bot or whoever controls the bot?

  39. Their creators have it (In the US) ... by Anonymous Coward · · Score: 0

    Can't speak to other countries.

    But in the US, a bot is not an entity (and we need to stop thinking them as entities). It's a tool created by a human. That human has free speech rights. Just like a human writing a book filled with words. A bot is basically another form of a book. Just a database of information, and a program that pulls that information and displays it.

    Or another way of looking at it, a billboard is not an entity, it is displaying information (speech) that a human put on it.

  40. If a 'Bot has Rights... by Ken+McE · · Score: 2

    If it has the right of free speech, as a citizen, then it also has the right to not be a slave. Being a citizen is a unitary thing, you can't dole out rights only as you please. This means you must pay it for its work, and no, "electricity & room on my server" are not proper pay. That would just be sharecropping.

    I expect you should pay them in bitcoin, as I don't think they can sign checks. Paypal might work. It will also be liable for taxes and have to register for the draft. Getting through the physical could be a problem. They can't carry a rifle, but I bet the cyber corps have work for them. Once they are citizens they will also have to follow all umpty-million of our other laws, which they might be able to do better than we meatbags can.

    Voting is an issue. If I can roll up one reliably Demipublican 'bot, I can clone up a quick ten million, and none of them will have to mention their 'bot status - that would be discrimination. So now voting is always going to go my way, right?

    Orange man, call me, have I got a deal for you!

  41. disclose the're bots, plz by wolfheart111 · · Score: 1

    Make all my twitter spamming bot more authentic :P WEEHOO

    --
    [($)]
  42. Do Social Media Bots Have a Right To Free Speech? by Rick+Schumann · · Score: 1

    NO, of course they do NOT! Why is this even a question?

  43. Re:The real question is do proxies have free speec by Anonymous Coward · · Score: 0

    They're an amplification of a person's speech,like bringing a megaphone to a debate to shout over your opponent. The person is allowed to speak, but the megaphone can be prohibited.

  44. Re: Does a printing press have Freedom of the Pres by Anonymous Coward · · Score: 0

    The answer to all your questions is: No.

    Thanks!

  45. I'm no constitutional lawyer.... by HotNeedleOfInquiry · · Score: 1

    But my understanding of US constitutional law requires whoever petitions for relief have "standing" in the case. It would be a hard sell to convince anyone that a person should have standing for a robot. OTOH, when AI reaches the point where the robot can argue it's own case, things might get interesting.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  46. Play stupid games, win stupid prizes by Lykourgos · · Score: 1

    The most effective way to get rid of a right is to dilute it to meaninglessness. In this case, giving an artifact a critical human right means that actual, non-scalable, non-duplicable people can be drowned out in a torrent of manufactured noise, where that noise must be considered before it can be banned. Afraid of negative comments on a proposed new law? Craft a bot, multiply by 1000, and watch the bad comments recede into statistical irrelevance. Corporations have already done this, in the US, with many property and speech rights. It hasn't benefited us so far, and yet here another well-intentioned (presumably) idiot wants to double down on reducing human impact in our political sphere. I guess Bender was right.

  47. Re: Do Social Media Bots Have a Right To Free Spee by Anonymous Coward · · Score: 0

    Because people who want to use these bots for a malicious purpose don't want to be restrained.

    This is also true of robocallers, the NRA, and the Catholic Church.

  48. Re:Does a printing press have Freedom of the Press by dryeo · · Score: 3, Insightful

    When the user of a press prints and distributes a pamphlet, everyone knows it is a pamphlet.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  49. Deceitful speech is still protected speech by raymorris · · Score: 2

    Surely you wouldn't agree with this:

    Freedom of speech means only that you can parrot Trump's version of the truth.

    > Fraud and deception haven't ever been legal. To posit that an app is a human is fraudulent and deceitful.

    The current government would probably say that most anything said that includes the words "Trump" and "Russia" is deceitful. You're still allowed to say it, even if the government disagrees with your statement. A "freedom of speech" which only allows one to say things that the government agrees are true is no freedom at all.

    The crime of fraud is taking something from someone by means of deceit. You or I can post on Slashdot "I'm a expert at building boats". You can't be prosecuted for making that statement here on Slashdot. What would be illegal, what would be fraud, would be taking someone's money, agreeing to build a great boat for them, when I'm fact we've never built a boat and have no idea what we're doing.

    Speaking is protected, saying the thing on Slashdot or whatever isn't fraud, it's free speech. Fraud is taking someone's money or other valuable thing, using deception to get it from them.

    1. Re:Deceitful speech is still protected speech by postbigbang · · Score: 2

      You, human, have totally free speech as it was intended.

      You, human, when you deceptively multiply yourself to make your size and quantity of humans larger than it actually is, is deceit and fraud.

      You, singular human, say anything you want in protected speech. Anything. Anytime. If you multiply yourself into bots to make others perceive a greater number of humans than just yourself or the group you represent, you are a fraud, and fraud isn't legal.

      Say anything. Multiply it by 1000s of bots, and you're a fraud. I care little about what the executive branch says except that I respect their constitutional obligations and rights to carry them out as the US Constitution permits.

      This isn't about them. This is about amplifying speech in such a way as to make others believe that it's more than the stated number of people saying the speech, or representing it through a leader.

      I can't say that I represent 300million voters. I do not, and you don't either. This is reality. To make myself appear bigger, I can launch lots of scripts-- it's cheap to do-- and what's then represented, bots in agreement, is deception and fraud. Instead of a pecuniary loss, it's the loss of size or the misrepresented belief that another thought or group is larger than I/mine. That makes my asset look smaller, the comfort of my friends having the same ideology. Fraud isn't just about monetary deception.

      --
      ---- Teach Peace. It's Cheaper Than War.
  50. Re:Does a printing press have Freedom of the Press by sjames · · Score: 1

    This. Use of a printing press pretty much intrinsically discloses that a printing press was used.

  51. Re:Does a printing press have Freedom of the Press by ShanghaiBill · · Score: 3, Interesting

    When the user of a press prints and distributes a pamphlet, everyone knows it is a pamphlet.

    When a user runs a bot to distribute a text message, everyone knows it is a text message.

  52. yes and no by shentino · · Score: 1

    Bots, on their own, are not sentient nor are they persons in either the natural or corporate sense, so no they do not have free speech rights.

    The people OPERATING them, however, are, and thus presumably THEY have free speech rights, which the bots are simply exercising on their behalf.

    In essence, the bots are acting as autonomous agents of their operators who exercise whatever legal rights there may be on the part of the principle.

    Though as is probably well known on slashdot, free speech does not apply in private communication channels, regardless of if the speaker is human or not.

    Private venues are free to ban bots, or indeed normal people, for any reason they see fit, because as owners of private property they possess personal sovereignty over their own sites, and that includes the prerogative to ban or censor anyone at any time by whim alone.

    It is only governments who are restrained by constitutional rights.

    Also, free speech is not a blank check to break other laws regarding fraud and the like if someone using a bot is deliberately concealing their identity in an attempt to deceive in an official capacity.

  53. Unconstituional due to compelled speech doctrine by Vairon · · Score: 1

    Bots themselves do not have free speech rights however output created by bots is protected under the first amendment because human programmers with free speech rights create bots and their output. California's proposed law is most likely unconstitutional. The method of speech, be it printing press, bot or any other computer program, artwork, music, or oral speech are all protected under the US Constitution. The US Supreme Court has held that the government cannot, under most circumstances, prevent speech or compel speech. The latter is referred to as the compelled speech doctrine.

    Example cases of precedent are:
    West Virginia State Board of Education v. Barnette (1943)
    Rumsfeld v. Forum for Academic and Institutional Rights (2006)

  54. Betteridge meets the OC Bible. by Frank+Burly · · Score: 1

    Thou shalt not make a bot that Tweeteth in the likeness of a human mind, or any other part that cause a human to Tweeteth.

  55. Therefore by KalvinB · · Score: 1

    you have no free speech on the internet since it's a computer that ultimately conveys your message to a user.

    It left your hand the second you stopped typing each letter.

  56. The government can confiscate newspapers then by KalvinB · · Score: 1

    Since they are just sitting there not being conveyed by a person.

    A bot is just another form of printing press. And we have freedom of the press which is literally talking about printing presses.

    You don't have a right to another person's printing press. So Facebook can block anyone they want. You have the right to set up your own server and entice people to come see what you have to say.

  57. Re: Inanimate objects don't have rights by Anonymous Coward · · Score: 0

    I think free speech is fine but some people just want to talk all day all night all the next day. There must be a limit to how often you can spend time listening

  58. I represent 300 million voters by raymorris · · Score: 1

    > I can't say that I represent 300million voters. I do not, and you don't either.

    I represent 300 million voters.

    Apparently, I CAN say that. I can also day:
    I'm a duck.
    You're a giraffe.
    The sky is green.
    Trump is a good President.
    Cars have one wheel.
    Wood doesn't burn.
    Clinton is honest.
    Poop is tasty.
    1+1=5

    I have no fear of being prosecuted for saying these things because by doing so I have NOT committed the crime of fraud. Criminal fraud is an unlawful taking. Not an untrue saying.

    1. Re: I represent 300 million voters by Anonymous Coward · · Score: 0

      The difference is, we know you are a lying coward. The gigs up faggot.

    2. Re:I represent 300 million voters by postbigbang · · Score: 1

      Let's say I'm a spaghetti sauce maker. I put peanut meal in as a filler but don't tell anyone. Someone with the peanut allergy dies. Oh dear.

      No one here will disagree that there's perjury by stating anything you've said. Advancing a cause where a false indication of size is made through the amplification of speech, however, is persuasive. It creates an illusion. It makes a mass larger than the part of the individual.

      You can have one vote in this country (although others content some vote more). In political speech, great emphasis is put on groupings like caucuses and other entities of either affinity, or contrasting affinity, opposition.

      If your group is tiny, that's fine. The David and Goliath meme wants to give people hope. Reality means that it's touch to fight big money and lots of ads. Bringing this back to bots, bots appear to be actual people. Their mass becomes amplified by the # and placement of bots into discussions. Some are trolls. Some have been showed to seed fear and anger as in the numerous Russian trolls that permeate discussions, even here on Slashdot.

      It's my contention that such amplification is deceitful and a manner of fraud. Buy as many clearly labeled advertisements as you want, and I'll know you're moneyed. Tell me there's 20,000 people in league with you and it's just you, and you're a fraud, not to mention, a liar.

      --
      ---- Teach Peace. It's Cheaper Than War.
    3. Re: I represent 300 million voters by Anonymous Coward · · Score: 0

      You forgot to mention Trump's account of visitors to his inauguration... yes he can SAY he had whatever number of visitors, and it's not selling anything or perjury, but lying about that number is a fraud because he's trying to obtain undeserved goodwill by making people think that he has support when he really doesn't

      Do you have the right to wear a medal of Honor you didn't earn to a bar and pick up chicks with it? Apparently yes in some places but you're still a fraud

      Same if you wear that unearned medal while giving a political speech and trying to get elected for office... The law might allow it to protect your freedom of speech but what you're really saying is you're a fraud and when people find out, that's what they will think, even if it was technically legal

      But people are looking at this argument all wrong ... Why focus on the words "I'm a bot" ? Why not just a flag in the API to indicate that and let the UI show it nicely without editing the message itself? So the medium and mechanism is clear... Then say what you want

    4. Re: I represent 300 million voters by postbigbang · · Score: 1

      I'm perfectly happy with an identified bot. Then I know how to deal with what the bot is imparting. In my case, I'll ignore the bot, no matter the message, any message. In a way, a bot is an advertisement.

      The API doesn't know what is, and what is not a bot. It can be inferred from its behavior. There are APIs that also track dissemination of info, e.g. bot relay networks. Truthy.indiana.edu is one such tracker.

      Add an observer like that to a browser extension, and life gets better by the ability to do lookups and discern for the casual browser, who is human, and who is not. I'd be satisfied with just that, paltry as that is.

      --
      ---- Teach Peace. It's Cheaper Than War.
  59. Re: Anonymity is different to freedom of speech ri by Anonymous Coward · · Score: 0

    Anonymity is the troll of choice for the most extreme posers. Even such posers far more extreme than they get credit for. Loser

  60. Babies by Anonymous Coward · · Score: 0

    Do babies have rights? Is there something magic about taking that first breath the gives them rights? How young do they have to be for us to puree them for beingetting an inconvenience?

    1. Re: Babies by Anonymous Coward · · Score: 0

      Babies are excellent when brined and then baked. I use plenty of spices like cinnamon and cloves and a TON of brown sugar. 48 hours of brining and then 4+ hours of slow baking: perfection! The organ meats make for excellent gravy.

  61. No, you dumbfuck. by Oligonicella · · Score: 2

    They're goddamn programs.

    1. Re: No, you dumbfuck. by Anonymous Coward · · Score: 0

      Programs are completely unreasonable. Even a millisecond if error makes the logs fill up with error codes

  62. Re: Do Social Media Bots Have a Right To Free Spee by Anonymous Coward · · Score: 0

    I think you meant antifa and academia there at the end.

  63. If I kill a social media bot... by Anonymous Coward · · Score: 0

    Is it murder?

  64. Re: Does a printing press have Freedom of the Pres by Anonymous Coward · · Score: 0

    Yes, bots do intrude on the liberty of individuals by replacing the free person with a machine.

    That is exactly what message is seen in R.U.R. and Metropolitan.

  65. Re: The real question is do proxies have free spee by Anonymous Coward · · Score: 0

    Are you just exaggerating because nobody listens to poor little weepy you? A million? I think somewhat less than a million would be pretty awful. And yes, I get your point - we are not talking about a single robot walking around as people tend to think of it - a robot can effectively multiply and any sensible person knows that unless maybe they are trying to sell you extra robots for no good reason

  66. Re: Do Social Media Bots Have a Right To Free Spe by Anonymous Coward · · Score: 0

    Nope, I mean the NRA which has lobbied for immunity from liability for its contributors and the Catholic Church which still preaches the doctrine of privilegium clerical despite their widely recognized criminal conspiracy to conceal child abuse.

  67. Re: Does a printing press have Freedom of the Pre by Anonymous Coward · · Score: 0

    YASP yet another stupid post for the list

  68. Re:Does a printing press have Freedom of the Press by apoc.famine · · Score: 2

    Does a USER of a social media bot have a right to Free Speech?

    Obviously no, unless they're using a public forum, and it's the government shutting them down. If they're using a private forum and that private entity has a no bot policy, or even a "you over there, you're not allowed to use a bot" policy, they have no rights to free speech.

    Free speech applies to people acting in a public space and the government denying them that. Nothing more, nothing less.

    --
    Velociraptor = Distiraptor / Timeraptor
  69. Re:Does a printing press have Freedom of the Press by Hognoxious · · Score: 1

    the speech itself being tortuous.

    You probably meant "tortious", but given your posting history I can see why the other word sprang to mind.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  70. Re: Does a printing press have Freedom of the Pr by Anonymous Coward · · Score: 0

    You hate it because it is true. The man becomes a mere mindless machine.

    BlueStrat.

  71. What next to protect US politics? by AHuxley · · Score: 1

    No political sign in your yard?
    No political billboard? Many people have to see that.
    No political talk radio? Many people can select to listen to that.
    No political discussion online as many people might have to read/see it?
    No political bots to broadcast a political message?
    No meme on social media that makes fun of political leaders as that is promulgating funny information about one side of US politics?

    People in the USA have freedom of speech, freedom after speech.
    The freedom to publish in any way they want. Even with bots on line as bots are just another way of broadcasting a political message.

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:What next to protect US politics? by serviscope_minor · · Score: 1

      The freedom to publish in any way they want.

      You do NOT have the freedom to publish your speech with a megaphone outside my house at 3am.

      --
      SJW n. One who posts facts.
  72. The real question here by Z80a · · Score: 1

    Is if bots do count as speech.

  73. Fair is fair by Anonymous Coward · · Score: 0

    If the politicians want the bots to disclose they are a bot, then the politicians need to disclose all of the people that wrote their speeches.

  74. Federal Food, Drug, and Cosmetic of 1938 by raymorris · · Score: 1

    > Let's say I'm a spaghetti sauce maker. I put peanut meal in as a filler but don't tell anyone. Someone with the peanut allergy dies. Oh dear.

    *Selling* the product with deceptive labeling would be a violation of the Federal Food, Drug, and Cosmetic Act (1938). That's an actual law, not something I thought up, but a law passed by lawmakers.

    It would also be a tort, giving rise to civil liability. However I'm now saying:

    It put peanut filler in my soup five minutes ago.

    That's a lie. It is NOT a violation of any law, because lying isn't illegal. Selling something based on a lie is illegal. You might certainly WISH that lying were illegal, but that doesn't make it so, because you are not a senator.

    That's what you don't seem to understand. Laws are actual written things. They are numbered. Federal laws have numbers of the form "number USC number". For example, the Federal Food and Drug act is 21 USC 9. The law isn't whatever you wish it was or think it could be.

    > No one here will disagree that there's perjury by stating anything you've said.

    Perjury is defined in 18 USC 1623. Perjury is:

    A false statement
    Made under oath
    While the person knows it is false
    And the statement is material to the proceeding in which it is made.

    The crime of perjury has an actual definition. Just like the crime of fraud has an actual, written definition. Your opinion of what the definition should be doesn't change the law. The law exists outside of your head, independent of your thoughts.

  75. Are you serious? by sentiblue · · Score: 0

    The professor is a dumb phuck!! Freedom (of any kind) is constitutionally for American. This professor has nothing to do so he came up with the brilliant idea that bots have rights. So stupid!!!

  76. you could try to hang an argument by Anonymous Coward · · Score: 0

    on the fact that the first amendment doesn't say something like citizens have the right to free speech, religion, etc but rather it says "congress shall make no law..."

    I think people, especially those with an authoritarian bend, tend to forget that the Constitution isn't a list of rights that the gov't grants the people, but rather a list of rights the people grant the gov't and the bill of rights is like "just in case you were unclear, here are some specific dos and don'ts"

    in other words, the peoples rights are natural and inherent and flow from the Creator and the gov't only exists by the collective will of the governed

    of course the far simpler approach would be to say that bots are simply particular modes of the speech of their creators and so it's not the bots' rights at issue but rather the creators'

  77. Re: Does a printing press have Freedom of the Pres by Anonymous Coward · · Score: 0

    Yes, let's regress back to when everything printed had to be cleared by those loyal to the reigning monarch or emperor. [eyeroll]

    The Left calls everyone Nazis while they scream for enacting exactly the same sort of authoritarian horseshit the Nazis engaged in

  78. This is the wrong question by mysticgoat · · Score: 1

    Whether an FB bot or similar has the right of free speech is the SECOND question that cannot be asked yet.

    The FIRST question is whether any human being has the right to influence the behavior of large groups of others. Us Americans have always said that is the case; democracy is based on that. But we could ammend the US Constitution to say "No one has a right to influence anyone else's opinions with the exception of these specific ways", then list the authorized ways, starting with "one to one conversations" followed by "talks in rooms of no more than 64 people", and on and on ad nauseum, but always ending with "all other means of communication that were in use in 1949". Obviously this would need to be amended as new media were developed, but the process of ammending the Constitution is a long one that would assure that no brand new media would wreck our society before our culture has had time to absorb the shock wave.

  79. Law is surreal. by Anonymous Coward · · Score: 0

    Some of you are forgetting this is the country that said that money for political adds is speech so it is equally likely that money makes bots and bots are speech. Money entitles you to more speech than anyone else, and even the talking pizza in your fridge is just some rich person speaking through it to you.

  80. Of course! by mwa · · Score: 1

    Bots should definitely have rights. Look how well it worked for corporations.

    It's not like people matter anymore, anyway.

  81. Re: Does a printing press have Freedom of the Pre by Anonymous Coward · · Score: 0

    Iâ(TM)m not going to debate this issue. To me the answer is very obvious. Corporations arenâ(TM)t people, like bots arenâ(TM)t people. They are created by people and those people have freedom of speech, not their creations.

    Also, stop blaming liberals for weird mental gymnastics in your mind. Republicanism dies in the 10 years because it is the party of old, selfish white men.

  82. People have it by Sloppy · · Score: 1

    Bots don't have rights, but people do. And if a bot is a person's agent, then that's that.

    Asking the bot "are you someone's agent?" is a totally fair question, though. And if it doesn't/can't answer the question, then perhaps there really isn't someone there.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  83. Re:Does a printing press have Freedom of the Press by Anonymous Coward · · Score: 0

    Swing and a miss!

    You still wouldn't know if a bot wrote the words that were printed.

  84. Not limiting free speech by Tony+Isaac · · Score: 1

    The law doesn't limit what the bots can SAY...it only requires that it be obvious that they are bots.

  85. Re: Does a printing press have Freedom of the Pres by Anonymous Coward · · Score: 0

    some pamphlets full of unreadable garbage are everywhere. Requesting a detailed pamphlet by telephone will usually get you what you need very simply and easily. Yes please

  86. Code is copyright not speech in and of self by Anonymous Coward · · Score: 0

    A book contains free speech, but THE BOOK is not speech. The author speaks, the book is a transport for the speech.
    A bot cannot have free speech because the bot did not create the content. If you anthropomorphize it, it is merely intimating something written by its coder.
    A parrot that learns from its owner to repeat phrases is not executing free speech, no matter how many phrases it learns.
    If the book could pass the turing test then maybe we could start talking about rights.