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I welcome the effort to sketch the early efforts at platform & user liabilities. But, the discussion in Section I lacks much detail to be meaningful.

1. Who is "we"?

2. What did "we mostly agree to"?

3. Exactly what is "harmful conduct to others" ... criminal conduct ... tortious conduct ... defamnation ... false light?Third Country disinformation attacks?Cyber Warfare?

Platform liability cases are appearing on Dockets across the Country. We need a complete Restatement of Digital Law as soon as reasonably possible.

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I mean that there weren't controversies about the use of Photoshop to create violent or pornographic content. The CEO wasn't hauled before Congress to explain how its tool could be used in that way.

Harmful content is not necessarily criminal or even defamatory. Bullying, hate speech and harassment are often seen on platforms despite being banned under community guidelines.

Totally agree that we need to engage with these conversations via regulation.

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Thank you for your comment Casey.I am a contractually paid Subscriber on two (2) Substack Platforms.

Thue, I am contractually defined "Reader" on Substack communities along with numerous contractually defined "Authors". In short, I have contractual rights under the 2023:Terms of Use (TOU) which can be enforced in formal mediation as a prelude to Court action at JAMS in San Francisco only 2 blocks from mybold law firm on Montgomery Street SF.

So I formally triggered a Mediation demand over Substack Inc's alleged failure to contractually deal with Trolls whose activity reached the level of Platform disruption. I also alleged Troll activity reached the level of personal attacks, defamation & breaches of other contractually defined standards of digital behavior.

After months of essentially no response, Substack Inc hired attorneys, the top level firm of Wilson Sonsini in San Jose, CA.

When push came to subscriber contract abandonment, Substack Inc went running to Section 231 seeking total.immunity as if they were Meta or Google in front of SCOTUS.

The digital regulatory regime has failed FULL STOP witness the 2016 intervention in our Country's Presidential Election coupled with vicious attacks on poll workers & others.

The common law will develop legal remedies slowly & surely unless we revise the entire legal regime intelligently before unacceptable harm continues.

Regards.

BSM

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Why are journalists and pundits and politicians concentrating on a platform that specifically eschews “news”?

I don’t get it. What is the point.

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Which platform are you talking about?

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Threads, specifically.

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