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Pluralistic: Without CDA 230, Facebook will own the internet forever (05 Nov 2026)

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Without CDA 230, Facebook will own the internet forever (permalink)

The road to hell is paved with the depraved indifference to badly considered tech policy. The internet is one of those charismatic hyperobjects that wraps around our lives in myriad ways, so tech policy changes have a big blast radius.

This isn't a counsel of despair. I firmly believe that we can make tech policy, and furthermore, that we must, but that policy has to be crafted in a way that's mindful of collateral damage.

Take scraping. Most creative workers are rightly furious at the palpable glee of tech bosses, who want to take everything we've made in order to train models whose express purpose is to destroy our livelihoods and transfer our wages to AI companies and the media companies they sell to.

This is an entirely correct thing to be angry about. But many of my peers and comrades think the answer to this is to ban scraping, which is a terrible idea.

Scraping is how we make search engines. If you want Google to be the last search engine we ever get then by all means, change the rules so you need licenses to make transient copies of the web. There's only one company with deep-enough pockets to secure permission from every web site operator: Google, the thrice-convicted monopolist that dominates the web so thoroughly that no one could afford to turn them down.

Scraping is how we glue down the web's shifting sands. If you want to understand why the web says something today, it helps to know what it said yesterday. If we want to know how Zuck and Musk's algorithms are peddling disinformation and hatred, we need to be able to scrape their feeds. If we want to know how Amazon uses surveillance data to price-gouge shoppers, we need to scrape its prices. If we want to know how Uber cheats its most economically desperate drivers with lowball wage offers, we need to scrape its job listings.

(It's possible to make a scraper that's so clumsy or aggressive that it crashes or destroys websites. That's a dick move. We should find people who do that and punish them; and the thing we should punish them for is trashing websites – not making transient copies of the data on those sites.)

(If you want to protect creative livelihoods from AI bosses, the answer lies in labor organizing, not more copyright:)

https://pluralistic.net/2024/06/21/off-the-menu/#universally-loathed

The point is that while tech bosses are some of the worst, most eminently guillotineable monsters history has produced, tech is important to the lives of billions of perfectly nice people. If you let your rage at tech bosses overwhelm your care for those everyday people, you risk coming up with "punishments" that end up benefiting Big Tech and wrecking the lives of those normal users.

For example: you may have heard people insist that we can solve our problems with Big Tech by "repealing Section 230." This is a reference to section 230 of the Communications Decency Act, a 26-word law that makes users responsible for their speech, while insulating the platforms that facilitate that speech from liability:

https://www.techdirt.com/2020/06/23/hello-youve-been-referred-here-because-youre-wrong-about-section-230-communications-decency-act/

Here's what that means: say one user accuses another user of violating their rights through their words (libelling them, invading their privacy, etc). The wronged party can sue the person they're accusing of harming them, but they can't sue the social media platform, message board provider, hosting company, DNS provider (etc etc) for their role in hosting and transmitting the unlawful speech.

At the same time, CDA 230 allows all these "intermediaries" (social media platforms, hosting companies, message board providers, etc etc) to take down or otherwise moderate content that they deem offensive, without creating an obligation to police all of their users' speech.

CDA 230 grew out of lawsuits in the 1990s where online companies that took any action to remove offensive or unlawful speech were thereafter obliged to take down all unlawful speech. The lawfulness or unlawfulness of speech isn't something you can easily determine: for example, determining whether one user libeled another user requires that you find out whether the allegedly libelous speech is true. There's no way that a forum moderator can know that – it's the kind of thing you need a judge, a jury and a trial to figure out.

The result of these lawsuits was that most platforms decided they wouldn't take down any speech (so as to avoid creating an obligation to police all user speech), while a minority of platforms simply removed anything that anyone might find offensive. It was a mess:

https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co.

CDA 230 fixed that. CDA 230 is how an individual or a small organization can host its own Mastodon or Bluesky servers, its own message boards, etc. It's these "smallhosts" that are the primary beneficiaries of CDA 230, not the Big Tech companies that 230's opponents hope to target by reforming or repealing 230.

Big Tech would be happy to see CDA 230 repealed. Mark Zuckerberg has repeatedly called for CDA 230 to be deleted, because he thinks that Meta could hire enough moderators (or use enough AI) that they could avoid being ensnared in a lot of frivolous litigation, and when legal threats did land, Zuck's army of lawyers could readily see them off:

https://cepr.net/publications/repealing-section-230-giving-mark-zuckerberg-what-he-wants/

Big Tech's biggest fear isn't a repeal of CDA 230: it's mass defection of its users to smaller, independent services that are more responsive to users' needs. Zuck doesn't care if we get a new law that would make it impossible for another #MeToo to take off!

This is on my mind this week because of the way that intermediary liability has nearly destroyed an online community that I helped found, way back in the early 1990s.

The community is a small arts organization that I joined as a teenager. The organization sent out a quarterly newsletter, which I devoured as soon as it arrived in my mailbox. I wanted more! A few years in, I had the idea of setting up an email list for the org. Another member had access to a server where we could host the list, and now, more than 30 years later, that list is still going strong.

Now, every small community has its cranks and trolls, and this one is no exception. One member in particular has a well-earned reputation for flying off the handle, showering anyone who disagrees with them with furious and obscene abuse (I've been on the receiving end of this abuse myself). Unsurprisingly, this person is also an inveterate culture warrior who can be relied upon to troll anyone who brings up racial or gender issues. When this trolling draws the inevitable critical response, this person then reverts to form, showering their critics with abuse and profanity.

The list is moderated, and the organization's code of conduct is used as a framework for the moderators' calls. Like most codes of conduct, this org's CoC includes some generalities that leave room for interpretation (basically, "Don't be a dick").

A moderation policy that allows the moderators to sanction users for flaming each other and a user who picks fights and then launches into unhinged tirades at the mildest of criticisms were always going to collide, and that's what happened with this user. After picking a fight over racist language, this user posted a bunch of racial epithets and got sanctioned for posting racist language.

That's when the user sued the organization's volunteer board members for libel for implying that they were racist, seeking tens of thousands of dollars in damages, far in excess of the org's cash reserves. The org stepped in to defend its board members, and even though this trollish member quickly folded their legal threat, mounting just that initial defense incinerated a sizable fraction of the org's total assets.

This is the thing that CDA 230 was designed to prevent. Even spurious legal threats can wipe out small, volunteer-run communities. In the 30 years since I founded this list, there have been a couple times when members tried to convince the organization to move it to Facebook or another Big Tech platform. Each time, the rest of us were able to rebuff those efforts, and today the list continues to be independently operated.

If this one belligerent jerk had held out for just a little longer, that would have been the end of this community – not just the mailing list, but the organization itself.

We can't have an indieweb without limited liability for intermediaries. Repealing CDA 230 won't hurt Facebook – it will just force every independent community to move there.


Hey look at this (permalink)



A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago Dutch cops bombard stolen phones with SMSes https://web.archive.org/web/20011106210234/https://www.newsbytes.com/news/01/171836.html

#20yrsago Levy’s Perfect Thing: eye-opening iPod book https://memex.craphound.com/2006/11/05/levys-perfect-thing-eye-opening-ipod-book/

#20yrsago Army recruiters to students: “Iraq war is over” https://abcnews.com/GMA/story?id=2626032&page=1

#15yrsago Occupier/Army Ranger in ICU: Oakland PD “jumped me” https://www.reuters.com/article/2011/11/04/us-protests-oakland-veteran-idUSTRE7A37A820111104/

#15yrsago Prisoner’s toothpick replicas of Final Fantasy weapons https://web.archive.org/web/20111105071751/https://www.geekosystem.com/prisoner-builds-final-fantasy-swords-matchsticks/

#10yrsago Canadians are getting “blackmailed” by US copyright trolls https://www.cbc.ca/news/business/copyright-infringement-notice-canada-piracy-1.3831492

#10yrsago Eleanor & Park: a terrifying YA romance that has rescued its readers and frightened their parents https://memex.craphound.com/2016/11/05/eleanor-park-a-terrifying-ya-romance-that-has-rescued-its-readers-and-frightened-their-parents/

#10yrsago Chrome is about to start warning users that non-HTTPS sites are insecure https://www.wired.com/2016/11/googles-chrome-hackers-flip-webs-security-model/

#10yrsago Rebecca Solnit’s open letter to Trump: You should really visit New York some time https://lithub.com/new-york-city-is-a-book-conservatives-should-read/

#10yrsago The New York Times’s GOP voter-suppression retrogame: “The Voter Suppression Trail” https://www.nytimes.com/interactive/2016/11/01/opinion/voting-suppression-videogame.html

#10yrsago Toronto Star compiles a comprehensive list of Trump’s election-season lies https://web.archive.org/web/20161105070153/https://www.thestar.com/news/world/uselection/2016/11/04/donald-trump-the-unauthorized-database-of-false-things.html

#1yrago "Science Comics Computers: How Digital Hardware Works" https://pluralistic.net/2025/11/05/xor-xand-xnor-nand-nor/#brawniac


Upcoming appearances (permalink)

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Recent appearances (permalink)



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Latest books (permalink)



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Upcoming books (permalink)

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027



Colophon (permalink)

Today's top sources:

Currently writing:

  • “Once Is Enemy Action,” a science fiction novel about the origins of modern technofascism. Today's words: 511 (32924 total).

  • "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Fourth draft completed. Submitted to editor.

  • A Little Brother short story about DIY insulin PLANNING


This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.


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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

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Mix: mattmosphere – sunday bliss (sharing sounds with Amapola)

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Sonntag. Und Geburtstagssonntag. Also nicht meiner, aber die Frau des Hauses feiert den heute hier quasi doppelt. Mit Feuer im Garten und Glühwein. Und mit verdammt guter Musik von mattmosphere und Amapola. Könnte gerade besser nicht passen.

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Ryuichi Sakamoto Piano Compositions Mix【 THE NTS GUIDE TO… 】

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The NTS Guide to mit einem Mix aus den Kompositionen von Ryuichi Sakamoto. Wenn doch nur schon Wochenende wär…

An hour of Ryuichi Sakamoto’s piano focussed compositions, in memory of the legendary Japanese composer and musician.


(Direktlink)

Tracklist:
Ryuichi Sakamoto – MUJI2020
Ryuichi Sakamoto – Composition 0919
Ryuichi Sakamoto – Harmonics #1
Ryuichi Sakamoto – A Flower Is Not A Flower
Ryuichi Sakamoto – Adieu / 別れ
Ryuichi Sakamoto – Coda
Ryuichi Sakamoto – Bridge (Excerpt)
Ryuichi Sakamoto – Chasm
Ryuichi Sakamoto – Tokyo Story
Ryuichi Sakamoto – Before The War
Ryuichi Sakamoto – Ubi
Ryuichi Sakamoto – Night
Ryuichi Sakamoto – Derrida (Jdo13)
Ryuichi Sakamoto – Thousand Knives
Ryuichi Sakamoto – 20220302
Ryuichi Sakamoto – +33
坂本龍 , 変革の世紀 – Piano Solo Kjsdjn
Ryuichi Sakamoto – Opus – Ending
Ryuichi Sakamoto – Merry Christmas Mr. Lawrence

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Im Browser Zug fahren

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Mit Railpass könnt ihr während einer endlosen Zugfahrt überall auf der Welt aus dem Fenster schauen – mit echten Aufnahmen und Ton! Mir reicht ja eigentlich meine tägliche Regio-Pendelei, aber das ist halt auch immer die selbe Strecke. Ich fahre so jetzt auch einfach mal woanders. An der Küste Sri Lankas nämlich.


(via Messy Nessy)
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Daft Punk x LEGO

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Es passiert. Daft Punk has entered the LEGO universe. So wie es aussieht nicht als die vor zwei Jahren bei LEGO Ideas eingereichte Idee der ikonischen Pyramid Stage, aber man hat sich auf eine Kooperation geeinigt. Wie auch immer die am Ende aussehen wird.


(Direktlink)

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American Voters Overwhelmingly Reject AI Data Centers

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American Voters Overwhelmingly Reject AI Data Centers

People across America rejected data centers during last night’s midterm election. Proposals related to data centers were explicitly on the ballot in more than 40 races across 13 states. People voted against data centers in 38 of them and counting. Six cities voted to ban data centers outright and 12 put limits on the amount of megawatts such buildings could draw. In addition to specific ballot measures, candidates who supported data centers lost across the country.

One of the most striking repudiations of pro data center politicians was in Texas, where Gregg Abbott lost a bid for a fourth term as governor. Abbott had made Texas a data center friendly place. The state has more than 300 working data centers and there are plans to double that number. “Texas is the epicenter of AI development,” Abbott said in 2025 at a press conference with Google CEO Sundar Pichai. “We must ensure that America remains at the forefront of the AI revolution, and Texas is the place where that can happen.” He went on to accept more than $9 million from data center-related donors.

When public sentiment turned against data centers, Abbott attempted to ride shifting political winds by issuing a “pause” on new projects. The pause wasn’t real. Texas regulators continued to approve data center projects after Abbott’s announcement and only shut down the state’s permitting web portal when 404 Media reported it.

Gina Hinojosa, Texas’s Democratic governor-elect, made Abbott’s stance on data centers a central part of her campaign. Abbott’s words about making Texas a data center-friendly AI state played on TVs and the internet over and over again. He lost by more than 700,000 votes.

Anti-data center candidates overwhelmingly won statewide races across the country. In Burgin, Kansas, mayoral candidate George Hensley lost his bid after voting to approve a hyperscale project—to a write-in candidate. Hensley was the only name on the ballot, and he lost to Joe MonroeTK, who ran an anti-data center write-in campaign. Emporia, Kansas — where police arrested a school teacher for clapping during a data center related city meeting — passed a ban on high impact data centers. In Yukon, Oklahoma the mayor lost a recall election after he supported a hyperscale data center project.

"These midterms sent a clear message — people don't want to see data centers in their backyards,” Michael Whitesides, the deputy communications director for Local Progress, told 404 Media. “Across the country, people do not see the promised benefit of these data centers, and the AI they power, playing out in their daily lives. They're seeing basic goods and services get more expensive while these billionaire backed monstrosities take up space in their community, poison their air, and drive up their utility bills.”

Local Progress is a network of local elected officials. Over the past year, its members have become increasingly focused on data centers as a top political issue. “Last night, we saw local, state, and federal officials who backed data center deals lose their seats,” Whitesides said. He noted that Kim Rooney in Asheville, North Carolina and Amanda Rodrigues in San Marcos, Texas (both members of Local Progress) were elected mayors in their cities after running anti-data center campaigns.

“Big Tech will continue its typical playbook of trying to buy and bully local officials into complying with their demands for more data center development, but our hope is that last night's results are a clear signal to local leaders that they can resist and their community will back them up,” Whitesides said.

American voters in the communities where they’re being built hate data centers. They run up power bills, burn through water, and power Silicon Valley’s  AI apparatus. America rejected data centers last night as both symbols of the big tech oligarchy and a physical manifestation of the future it wants to build. It’s a future Americans seem willing to fight.

Elon Musk, one of the night’s big losers, took a break from a weeks-long posting spree on X as the election results rolled in. Musk spent half a billion dollars on the midterms, $224 of it in Texas, the state where he lives and does a lot of business. The world’s richest man wanted to cover the state in data centers. Those plans aren’t looking good now that Abbott is out and Hinojoa is in.

Musk broke his election day posting silence a little after 1 am. “Data centers in space looking pretty appealing right now,” he said on X. Chased off the land by its people, the billionaire looks to the sky.

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