美国国家公共电台 NPR--Supreme Court showdown for Google, Twitter and the social media world

Supreme¹ Court showdown for Google, Twitter and the social media world

Transcript²

In November 2015, ISIS terrorists carried out coordinated³ attacks across Paris, killing⁴ 130 people and injuring 400. Among the dead was Nohemi Gonzalez, a 23-year-old American studying abroad who was the first person in her large family to graduate from college. This week, lawyers for her family and others are in the Supreme Court challenging a law enacted⁵ more than a quarter century ago—a law that protects social media companies from what the families see as the role of internet companies in aiding and abetting⁶ terrorist attacks.

How the court rules could be a gamechanger for American law, society, and social media platforms that are some of the most valuable businesses in the world.

What the law says

At the center of two cases to be argued over two days is Section 230 of the 1996 Communications Decency⁷ Act, passed by Congress when internet platforms were just beginning. In just 26 words, Section 230 draws a distinction between interactive⁸ computer service providers and other purveyors of information. Whereas newspapers and broadcasters can be sued for defamation⁹ and other wrongful conduct, Section 230 says that websites are not publishers or speakers and cannot be sued for material that appears on those sites. Essentially¹⁰, the law treats web platforms the same way that it treats the telephone. And just like phone companies, websites that are host to speakers cannot be sued for what the speakers say or do.

At least that is the way the lower courts have uniformly interpreted Section 230. They have said that under the law, social media companies are immune from being sued for civil damages over most material that appears on their platforms. That is so, even though, at the same time, the law has an apparently¹¹ contrary objective: It encourages social media companies to remove material that is obscene, lewd¹², excessively violent, harassing¹³ or otherwise objectionable.

The attack at the heart of the arguments

This week's cases attempt to thread that needle. The Gonzalez family and the families of other terrorism victims are suing Google, Twitter, Facebook and other social media companies under the federal Anti-Terrorism Act, which specifically allows civil damage claims for aiding and abetting terrorism. The families allege¹⁴ that the companies did more than simply provide platforms for communication. Rather, they contend, that by recommending ISIS videos to those who might be interested, they were seeking to get more viewers and increase their ad revenue.

Representing the terrorism victims against Google and Twitter, lawyer Eric Schnapper will tell the Supreme Court this week that when Section 230 was enacted, social media companies wanted people to subscribe¹⁵ to their services, but today the economic model is different.

"Now most of the money is made by advertisements, and social media companies make more money the longer you are online," he says, adding that one way to do that is by algorithms that recommend other related material to keep users online longer.

What's more, he argues, modern social media company executives knew the dangers of what they were doing. In 2016, he says, they met with high government officials who told them of the dangers posed by ISIS videos, and how they were used for recruitment, propaganda, fundraising, and planning.

"The attorney general, the director of the FBI, the director of national intelligence, and the then-White House chief of staff . . . those government officials . . . told them exactly that," he says.

Google general counsel Halimah DeLaine Prado vehemently¹⁶ denies any such wrongdoing.

"We believe that there's no place for extremist content on any of our products or platforms," she says, noting that Google has "heavily invested in human review" and "smart detection technology," to "make sure that happens."

Prado acknowledges that social media companies today are nothing like the social media companies of 1996, when the interactive internet was an infant industry. But, she says, if there is to be a change in the law, that is something that should be done by Congress, not the courts.

The choice before the court

Daniel Weitzner, the founding director of the MIT Internet Policy Research Initiative, helped draft Section 230 and get it passed in 1996.

"Congress had a really clear choice in its mind," he says. "Was the internet going to be like the broadcast media that were pretty highly regulated?" Or, was it going to be like "the town square or the printing press?" Congress, he says, "chose the town square and the printing press." But, he adds, that approach is now at risk: "The Supreme court now really is in a moment where it could dramatically limit the diversity of speech that the internet enables."

There are many "strange bedfellows" among the tech company allies in this week's cases. Groups ranging from the conservative Chamber¹⁷ of Commerce to the libertarian ACLU have filed an astonishing 48 briefs urging the court to leave the status quo in place.

But the Biden administration has a narrower position. Columbia law professor Timothy Wu summarizes the administration's position this way: "It is one thing to be more passively presenting, even organizing information, but when you cross the line into really recommending content, you leave behind the protections of 230."

In short, hyperlinks¹⁸, grouping certain content together, sorting through billions of pieces of data for search engines, that sort of thing is OK, but actually recommending content that shows or urges illegal conduct is another.

If the Supreme Court were to adopt that position, it would be very threatening to the economic model of social media companies today. The tech industry says there is no easy way to distinguish between aggregating¹⁹ and recommending.

And it likely would mean that these companies would constantly be defending their conduct in court. But filing suit, and getting over the hurdle²⁰ of showing enough evidence to justify²¹ a trial--those are two different things. What's more, the Supreme Court has made it much more difficult to jump that hurdle. The second case the court hears this week, on Wednesday, deals with just that problem.

What makes this week's cases so remarkable²² is that the Supreme Court has never dealt with Section 230. The fact that the justices have agreed to hear the cases shows that they have concerns. Justice Clarence Thomas has been outspoken²³ about his view that the law should be narrowly interpreted, meaning little protection for social media companies. Justice Samuel Alito has indicated he might agree with that. But the views of the other justices are something of a black box.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 coordinated   

adj.协调的

参考例句：

• The sound has to be coordinated with the picture. 声音必须和画面协调一致。
• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法

4 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

5 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

6 abetting   

v.教唆（犯罪）( abet的现在分词 )；煽动；怂恿；支持

参考例句：

• On Earth, unknowingly abetting a criminal doesn't merit this kind of punishment. 在地球上，不知不觉地帮助罪犯并不构成这种惩罚。 来自电影对白
• "By aiding and abetting murder, the Taliban regime is committing murder." 援助和唆使谋杀的塔利班政权与杀人犯同罪。 来自互联网

7 decency   

n.体面，得体，合宜，正派，庄重

参考例句：

• His sense of decency and fair play made him refuse the offer.他的正直感和公平竞争意识使他拒绝了这一提议。
• Your behaviour is an affront to public decency.你的行为有伤风化。

8 interactive   

adj.相互作用的，互相影响的，（电脑）交互的

参考例句：

• The psychotherapy is carried out in small interactive groups.这种心理治疗是在互动的小组之间进行的。
• This will make videogames more interactive than ever.这将使电子游戏的互动性更胜以往。

9 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

10 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

11 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

12 lewd   

adj.淫荡的

参考例句：

• Drew spends all day eyeing up the women and making lewd comments.德鲁整天就盯着女人看，说些下流话。
• I'm not that mean,despicable,cowardly,lewd creature that horrible little man sees. 我可不是那个令人恶心的小人所见到的下流、可耻、懦弱、淫秽的家伙。

13 harassing   

v.侵扰，骚扰( harass的现在分词 )；不断攻击（敌人）

参考例句：

• The court ordered him to stop harassing his ex-wife. 法庭命令他不得再骚扰前妻。 来自《简明英汉词典》
• It was too close to be merely harassing fire. 打得这么近，不能完全是扰乱射击。 来自辞典例句

14 allege   

vt.宣称，申述，主张，断言

参考例句：

• The newspaper reporters allege that the man was murdered but they have given no proof.新闻记者们宣称这个男人是被谋杀的，但他们没提出证据。
• Students occasionally allege illness as the reason for absence.学生时不时会称病缺课。

15 subscribe   

vi.(to)订阅，订购；同意；vt.捐助，赞助

参考例句：

• I heartily subscribe to that sentiment.我十分赞同那个观点。
• The magazine is trying to get more readers to subscribe.该杂志正大力发展新订户。

16 vehemently   

adv. 热烈地

参考例句：

• He argued with his wife so vehemently that he talked himself hoarse. 他和妻子争论得很激烈，以致讲话的声音都嘶哑了。
• Both women vehemently deny the charges against them. 两名妇女都激烈地否认了对她们的指控。

17 chamber   

n.房间，寝室；会议厅；议院；会所

参考例句：

• For many,the dentist's surgery remains a torture chamber.对许多人来说，牙医的治疗室一直是间受刑室。
• The chamber was ablaze with light.会议厅里灯火辉煌。

18 hyperlinks   

n.超链接( hyperlink的名词复数 )

参考例句：

• Specifies if hyperlinks are displayed and function within the control. 指定是否显示超级链接以及它是否在控件中起作用。 来自互联网
• View, add, and change pages, documents, themes, and borders; recalculate hyperlinks. 查看、添加和更改网页、文档、主题和边框；重新计算超链接。 来自互联网

19 aggregating   

总计达…( aggregate的现在分词 )； 聚集，集合； （使）聚集

参考例句：

• The thesis first promotes based Object Oriented Modeling method-Aggregating & Deriving Mothod. 本文首先提出了基于面向对象思想的建模方法——聚合派生法。
• Multidimensional data cubes are composed of base cube and other cubes aggregating on base cube. 多维立方体由基本立方体和基本立方体的聚集产生的立方体组成。

20 hurdle   

n.跳栏，栏架；障碍，困难；vi.进行跨栏赛

参考例句：

• The weather will be the biggest hurdle so I have to be ready.天气将会是最大的障碍，所以我必须要作好准备。
• She clocked 11.6 seconds for the 80 metre hurdle.八十米跳栏赛跑她跑了十一秒六。

21 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

22 remarkable   

adj.显著的，异常的，非凡的，值得注意的

参考例句：

• She has made remarkable headway in her writing skills.她在写作技巧方面有了长足进步。
• These cars are remarkable for the quietness of their engines.这些汽车因发动机没有噪音而不同凡响。

23 outspoken   

adj.直言无讳的，坦率的，坦白无隐的

参考例句：

• He was outspoken in his criticism.他在批评中直言不讳。
• She is an outspoken critic of the school system in this city.她是这座城市里学校制度的坦率的批评者。