Law in the Internet Society

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SamSchafferSecondEssay 7 - 18 Jan 2020 - Main.EbenMoglen
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 Whether the existing and pending legislation will have the intended effect remains to be seen. Regardless, my opinion is that the 2016 Presidential Election provides sufficient evidence that something needs to be done, and Senator Feinstein’s legislation is on the right track. Shifting some of the load onto social media providers is a wise choice, as they possess the behavioral data that can help catch these bad bots. Otherwise, if the government is left to be the only enforcer of the new law, then it will have a difficult time of curtailing malignant social bots. Government lawyers will have to develop greater expertise in the field, monitor social media data consistently (an expensive prospect), and will have to work with the social media companies anyway in order to obtain access to that data. Costs could be minimized by shifting the initial burden to the social media companies, who already monitor their data and police their platforms for inappropriate content.
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What is the problem to which the essay is addressed? Which deceptive practices that are not already unlawful are at stake, and why are they harder to make unlawful than other deceptive practices? Why is a "bot" the proper subject of regulation rather than the practices of the business or person using the software? Why does the issue focus on whether the "bot" is known to be software? It isn't that easy to pass the Turing test, under most conditions, so in what proportion of the non-Twitter cases is the "bot" not known to be software? Who other than the platform companies is or could be responsible for whatever the "bot" problem is, given that they are the people who create the larger unsafe software environments in which whatever the "bot" problem is develops itself? Standards for cellular carrier customer service are directly set by interaction with the captured FCC. If FCC were controlled by customers instead of providers, you wouldn't have a cellular customer service bot problem, right?

These are basic questions that should have basic answers. The draft when be stronger when it provides them.

 


Revision 7r7 - 18 Jan 2020 - 16:57:11 - EbenMoglen
Revision 6r6 - 10 Jan 2020 - 19:50:08 - SamSchaffer
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