RE: Re Parler

[Shamil K via NANOG <nanog () nanog org>]

The wiki (https://en.m.wikipedia.org/wiki/Section_230) page has this

> The statute in Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of 
> interactive computer services in the removal or moderation of third-party material they deem obscene or offensive, 
> even of constitutionally protected speech, as long as it is done in good faith.

On 14 January 2021 3:37:41 pm IST, Keith Medcalf <kmedcalf () dessus com> wrote:
> I thought y'all yankee doodles had this thing called the Communication
> Decency Act section 230 that prevented a "service provider" from being
> responsible for the content of third-party's -- whether or not they
> were acting as a publisher; and, also the principle of law that an
> agreement to violate the law (as in a Contract which ignored that
> provision that the "service provider" was not liable for the content
> provided by third-parties) was nul ab initio?
>
> Therefore it would appear to me that AWS has not a leg to stand on,
> that the terms of the contract which violate section 230 constitute a
> prior agreement to violate the law and therefore are a nullity, and
> that Parler is entitled to specific performance of the contract and/or
> damages, including aggravated or punitive damages, from Amazon.
>
> The only exception would be if the "content" were Criminal and that
> would require a court finding that the content was Criminal but, such
> facts not in evidence, Amazon has violated the law and should be held
> liable.  You cannot convict someone of murder and have them executed
> simply because they have a hand which may hold a gun which may then be
> used to commit murder in order to prevent the murder.
>
> First there must be establishment of the fact of the murder, not the
> mere establishment of a hypothetical fantasy of fact.
>
> But then again it is likely that the lawyers representing Parler are of
> low ability and unable to make the case required.
>
> --
> Be decisive.  Make a decision, right or wrong.  The road of life is
> paved with flat squirrels who could not make a decision.
>
> > -----Original Message-----
> > From: NANOG <nanog-bounces+kmedcalf=dessus.com () nanog org> On Behalf Of
> > Jeff P
> > Sent: Wednesday, 13 January, 2021 10:43
> > To: nanog () nanog org
> > Subject: Re Parler
> >
> > ICYMI: Amazon's response to Parler Antitrust relief:
> >
> > https://cdn.pacermonitor.com/pdfserver/LHNWTAI/137249864/Parler_LLC_v_Ama
> > zon_Web_Services_Inc__wawdce-21-00031__0010.0.pdf
> >
> > JeffP
> > jeffp () jeffp us <mailto:jeffp () jeffp us>

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