Behavciou
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on what the service providers do about it. Many argue that they are
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not doing anything, or at least not enough.
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However, this is an unfortunate mischaracterisation of the
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situation. For example, facebook employs -- either directly or
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through out-sourcing contracts -- many 10s of thousands
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"moderators", whose job is to make a decision to remove offensive
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material or not, to suppress someone's freedom of expression or
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not, based on a set of if-then-else questions.
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- It's illegal in Germany to say anything that can be construed as
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glorifying the Holacaust. In the UK it isn't. Facebook can
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suppress such information from users it believes are in Germany,
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but to do so for those in the UK would be an illegal denial of
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free expression, regardless of how objectionable the material
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is. What is facebook to do with users in Germany who route their
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internet connections through the UK? Facebook has no knowledge of
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this unusual routing, and to learn about it could be a violation
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of the user's right to privacy. Should facebook be criminally
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liable for a German user seeing statements that are illegal in
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Germany?
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- Consider the genocide of Armenian people in Turkey in 1915. It is
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illegal to claim it happened in Turkey. However, it's illegal in
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France to claim it didn't happen. In most other countries,
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neither claim is illegal. What can a service like facebook do
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when faced with 3 options, 2 of which are mutually exclusive?
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Literally, should they be criminally liable both if they do /and/
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if they don't?
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Modertors have no more than a minute to determine whether a
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statement complies with the law of not, and this includes figuring
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out whether the posting meets the definitions of abusive or
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harmful, and whether it is indeed intended to meet that
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definition. For example, imagine an abusive tweet, and then the
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target of the abuse quoting it
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** CONSTODO Content moderation
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** CONSTODO Investigation support
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* CONSTODO Answers to consultation questions
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