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Data as an instrument of war

Pags

N/A
pilot
Funny you mention TOS. The TOS are the problem. First of all, TOS are not law, regulation, or policy. They are made up fairy dust. Any company can write whatever TOS they want, right? Well, not so fast, as the Supreme Court has ruled. Businesses cannot play favorites with their TOS. You can’t open a bakery to the public then refuse to bake a gay wedding cake. That is illegal, in fact, and for good reason. And yet, the woke tech giants are doing exactly that in the digital domain, picking and choosing who wins and loses on their platforms, stating that their TOS are self-determined and absolute, and they can adjudicate TOS violations in private without transparency. Everyone knows it’s a bullshit argument. Twitter is not a publishing house that can select which books it publishes. It’s a bakery that should be required to bake customers’ gay, straight, and any other wedding cakes alike, regardless of the Twitter staff’s personal views.
TOS, if written by good lawyers, are generally considered to be legally binding and similar in nature to a contract between the service provider and the individual. Both parties have agreed to play by the rules in the TOS. I'd assume that twitter has at least a few very good lawyers.
 

Hair Warrior

Well-Known Member
Contributor
Again, an incredibly bad take. Sure, Twitter writes its own TOS, but your gay wedding cake analogy falls flat. Trump was kicked off Twitter for, among other things, inciting violence. That was the straw that broke the camel's back.

From the Twitter TOS:
Violence: You may not threaten violence against an individual or a group of people. We also prohibit the glorification of violence.

Abuse/harassment: You may not engage in the targeted harassment of someone, or incite other people to do so. This includes wishing or hoping that someone experiences physical harm.


I'm assuming you don't have a problem with either of these requirements from Twitter's TOS. I don't see anything in there about partisan or ideological speech... or gay wedding cakes.

Pro Tip: Every time you use phrases like "woke tech giants," you relinquish any semblance of credibility in discussing topics like this, but you do you.
 

Hair Warrior

Well-Known Member
Contributor
The freakin Taliban is on Twitter, man. If they don’t incite violence, who does? Don’t let overpaid Silicon Valley lawyers fool you: If the company selectively enforces or not enforces its TOS, and their record of behavior betrays a bias, it has no legal or moral footing to stand on.

Just imagine what would happen to a bar that allowed shirtless white patrons to sidestep not complying with a “no shirt, no shoes, no service” store policy - but routinely denied service to shirtless nonwhite patrons requesting the same leeway, citing violation of store policy as its reason. That bar would be closed and/or sued so fast, and I’d be the first person telling the bartender out loud that I won’t tolerate racism.

Again, TOS is fairy dust, and if it’s selectively enforced in a deliberately biased way, people see through that, and that’s not what we stand for in America.
 

Pags

N/A
pilot
That’s not what we stand for in America.
Twitter is allowed to make their own determination as to what they stand for. I agree that inconsistently applied TOSs is a bad optic but that's up to Twitter to decide and then individuals to fight via the courts. That's how contractual disputes between individuals and companies are settled ("People do not win people fights. Lawyers do.")

Twitter doesn't deny account creation based on race, religion, creed, etc...but they will turn off accounts that they have determined have violated their TOS. Since it's their TOS it's up to them to police.
 

Hair Warrior

Well-Known Member
Contributor
Twitter is allowed to make their own determination as to what they stand for.
Are you sure about that?

“The [supreme] court did not rule that the Constitution grants the right to discriminate but maintained the longstanding principle that business owners cannot deny equal access to goods and services.”

If they tip the scales of political speech, ideas, candidates, or figures, they begin running afoul of election laws.
 

Pags

N/A
pilot
Are you sure about that?

“The [supreme] court did not rule that the Constitution grants the right to discriminate but maintained the longstanding principle that business owners cannot deny equal access to goods and services.”

If they tip the scales of political speech, ideas, candidates, or figures, they begin running afoul of election laws.
Right, and Twitter hasn't denied services. They've turned off people who haven't played by the rules that were set forth in the contract. There's a difference there.

You might want to go review the cake case again. The case was decided in favor of the baker but on very narrow grounds and didn't really answer the question your purporting that it did: "Justice Anthony M. Kennedy’s majority opinion turned on the argument that the Colorado Civil Rights Commission, which originally ruled against the baker, had been shown to be hostile to religion because of the remarks of one of its members."

I'm not sure what I'm supposed to take from the fec.gov link or where your argument is supported in there.
 
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Pags

N/A
pilot
Wow, great timing. Would love to hear someone try to defend this:
Apple made a local business decision in line with local rules. In other news, Ford sells cars in England with right hand drive. Apple is not The Voice of America.

After all this angst, what is your desired end state? What would you like to see these companies do? Tell China they're an American company with American values and lose that market? What interest would Apple have in doing that?
 

Hair Warrior

Well-Known Member
Contributor
After all this angst, what is your desired end state? What would you like to see these companies do? Tell China they're an American company with American values and lose that market?
Something like this for the 21st century:

What interest would Apple have in doing that?
They get to live on a planet where China does not become the rulemaker for all of humanity.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
The freakin Taliban is on Twitter, man. If they don’t incite violence, who does? Don’t let overpaid Silicon Valley lawyers fool you: If the company selectively enforces or not enforces its TOS, and their record of behavior betrays a bias, it has no legal or moral footing to stand on.

Just imagine what would happen to a bar that allowed shirtless white patrons to sidestep not complying with a “no shirt, no shoes, no service” store policy - but routinely denied service to shirtless nonwhite patrons requesting the same leeway, citing violation of store policy as its reason. That bar would be closed and/or sued so fast, and I’d be the first person telling the bartender out loud that I won’t tolerate racism.

Again, TOS is fairy dust, and if it’s selectively enforced in a deliberately biased way, people see through that, and that’s not what we stand for in America.
Swing, and a miss. Has the Taliban posted a tweet that violates the TOS? If not, then they're in compliance. You seem to have difficulty understanding this concept, unless you think that Jack Dorsey is somehow an ideological proponent of the Taliban.

Your predilection for irrelevancy in this discussion belies a fundamental misunderstanding of the issues that you seem to be mindlessly parroting from Breitbart-like sources you apparently subsist on.

Pro Tip: You can add "overpaid Silicon Valley lawyers " to your list of phrases to avoid. My Right-wing buzzword bingo card is filling up.
 

Pags

N/A
pilot
Something like this for the 21st century:


They get to live on a planet where China does not become the rulemaker for all of humanity.
I get that you want a fight like the Cold War but I just don't think the stakes are the same with China. A better historical corollary might be Imperial Germany.

I also can't imagine that Apple has much reason to challenge the sovereignty of China over what's in the app store in China. I also think there was a lot more that contributed to the fall of the Soviet Union. One could easily make a case that allowing western businesses into Russia opened their eyes to what they were missing out on. McDonald's in Moscow was a huge deal.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
You called me a right winger with extremist views years ago. I’m not one. But you did already punch that bingo card before this discussion.
Shipmate, I can only react to what you provide to us on this forum. Thus far, you're walking and talking like a duck. Everyone is redeemable, though, so I'll hold out hope for your eventual salvation.
 

Treetop Flyer

Well-Known Member
pilot
Remember when Twitter suspended the New York Post for daring to expose the current president’s involvement with his son’s criminal enterprise? I remember.


It’s been a rough thread for Pags and Brett. Hard to watch the awful goaltending.

I bet Twitter would have tried to suppress evidence of a republican candidate’s sister in law screwing crackhead son’s business dealings right before an election. Because TOS.
 

Hair Warrior

Well-Known Member
Contributor
One day in the not too distant future, we will possibly face a shooting war with an adversary far more capable and lethal than AQ, IS, and the Taliban. On that day, there will be US tech companies that are providing (and unless stopped by a responsible adult in the US govt, will continue to provide) valuable aid and materiel support to the enemy in the form of data and data control.
 
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