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General Interest > Free Speech

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Agree *

08/21/2008 09:32 PM Quote Reply  
Do you agree? ----

From Reputation Defender's CEO Michael Fertik:

http://www.paloaltodailynews.com/article/2008-8-20-magid

"Fertik, whose company helps people manage their online reputations, thinks there needs to be a mechanism for people who have been defamed or libeled to order the removal of offending content. His idea is to "take a page from the playbook of the Digital Millennium Copyright Act, which allows copyright holders to issue a takedown notice to services that are hosting material without permission of the copyright holder."

(Basically give everyone on earth a heckler's veto over anything posted anywhere on any website that they don't like).

"At the conference, Fertik made the point that, 'Viacom can send one letter to YouTube to get 50,000 videos removed, but if your daughter is on YouTube kissing a boy, you're out of luck.' "

(Is this really the kind of chickenshit 'problem' that Rep Defender gets called in to solve? And, of course, you could always just ask the boy nicely to take the video down.)

"Another panelist, Dan Dougherty of eBay, defended CDA Section 230, saying it is 'effective and useful for its intended purpose of encouraging diversity and honest discourse on the Internet.' He expressed concern about Fertik's notice-and-takedown proposal, saying that defamation is different from copyright, where there is registration and other evidence of ownership."

WendyNCUser is Offline
mODERATORS

Moderator

08/22/2008 09:05 AM Quote Reply  
Ah, but did the daughter really kiss the boy? If she did, there's no defamation, just publication, so I think Fertik shoots himself in the foot with his own example, although I'm certainly willing to allow that the quote was incomplete. Extending the same example, if the video was a mock-up, I think it would be better prosecuted under one of the laws intended to protect minors from pornographic exploitation. While that would be a stretch, I'd far rather see protections to minors being stretched than have the government placed in a position of doing yet more Big Brother policing.



Wendy Kimbel, ACP, NCCP
Paralegal Assistance, Inc.
105 E. Center St., Ste. C
Mebane, NC 27302
Phone: 919-967-4495
Fax: 919-304-0743
Dope Smoking ParalegalUser is Offline
Intermediate User




08/22/2008 04:49 PM Quote Reply  
This is retarded. One of the stupidest ideas I've ever heard. Also also, people should be able to sue people that gave them embarassing childhood nicknames. And Microsoft.

I am too busy for the forums!!
WendyNCUser is Offline
mODERATORS

Moderator

08/22/2008 08:56 PM Quote Reply  
/me high-fives DSP and gives him a cookie.

Wendy Kimbel, ACP, NCCP
Paralegal Assistance, Inc.
105 E. Center St., Ste. C
Mebane, NC 27302
Phone: 919-967-4495
Fax: 919-304-0743
Karen *

08/25/2008 07:14 PM Quote Reply  
I agree that Fertik's suggestion is a bad one. But CDA 230 needs to have carefully carved out exceptions. It should not serve as absolute immunity for web administrators who knowingly allow members to post defamatory content on their site without allowing for any sort of recourse for those defamed. But I AM intrigued by this Microsoft suggestion. Please elaborate.

General Interest > Free Speech

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