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Twitch will ban users for 'severe misconduct' that occurs away from its site (reuters.com)
389 points by pseudolus on April 7, 2021 | hide | past | favorite | 974 comments



I had to type in this box more times than I'm willing to admit to produce something that didn't violate the guidelines.

Let's examine why this is problematic:

- This will absolutely be leveraged on anyone in a precarious position. It's their ultimate out. Minority groups, majority groups, it doesn't matter - you're in trouble and need a platform to tell your story? Not happening on Twitch. Expect more to sign on to this idea; it is the ultimate tool for cancel culture proponents.

- Foreword: I am not making a constitutional argument. Private companies now own most of the highways we use for speech, much less widespread speech. Sure, Newspapers and mail can be argued, but there's plenty of examples where they had to tolerate nasty messages for some self-imposed access to speech principles. Secondarily, nobody used a newspaper to talk to their auntie, while Twitch isn't Facebook or Twitter self-expression is not limited to certain platforms. That is lost on tech companies.

This new stage of American moralism is pretty tiring no matter what group or direction it comes from. I can't imagine staying in this country much longer.


> I can't imagine staying in this country much longer.

If you are serious about that statement, I encourage you just as I have encouraged all my family and close friends. I have never regretted leaving America. There are dozens of nicer countries to live in.

However, tech platforms exert their dominance worldwide. Americans have made this a global problem.

Most of my family and friends still feel like they don't need privacy because they have "nothing to hide" because they "aren't doing anything wrong." It's hard to communicate the idea that the tech lords' ideas about "wrong" are being rapidly redefined and weaponized, driven by a very active and rapidly growing neoreligious woke cult, and it has nothing to do with logic and reason, little to do with morality, and much to do with power. And the more information you feed them the more power you yield to them until one day you'll realize the enormity of what you willingly did, but by then it will be far too late. You will be a slave to their crushing, perverse, and ever smaller version of morality. They know who all your friends are, what your fingerprint looks like, your walking gait, where you hang out, ... everything. And they abandoned the motto "don't be evil".


> However, tech platforms exert their dominance worldwide. Americans have made this a global problem.

No. Living in Europe, cancel culture, the woke inquisition and the minority culture wars are seen as a US only phenomenon. I could not be less touched and less interested by it.


So when you left, where did you go first? Curious to hear more about the first jump -- i think we all need more examples of this in first-person.


> This new stage of American moralism is pretty tiring

This exists in Canada too, in case anyone is wondering. You cannot escape the toxic teenagers of the internet by moving to a different country.


I moved to Berlin. Quality of life improved from not being in the US in and of itself.

Can confirm. Grass definitely is greener.


American here. What countries do you recommend?


Perhaps this will encourage or lead to more people protecting their privacy and avoiding cross-service linkage?

It isn't a given (and certainly would be hugely problematic to assume) that the same human sits behind the same username on each service. Absent strong linkage and enduring proof of that link, this will be weaponised (register same username on Gab and post hate, then report the user to Twitch). That's an obvious attack vector, and I assume they will be wanting to see proper links.

The game theory rational response for all users is surely therefore to not link or associate their online social presences together.

While I guess this might not work in modern social media culture of trying to gather a following everywhere on multiple platforms, this disclosing those accounts ("follow my Instagram and Twitter, like my YouTube videos, etc."), it perhaps will normalise less linkage (or leakage, depending on your perspective) between platforms?

If you depend on twitch, but don't want someone to try get you deplatformed based on something elsewhere, one of the best ways to prevent that would be to not have any linkable off-site activity. Then there's nothing for them to ban you for.

Or am I just reminiscing too much for the old internet before social media took off?


"Terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault" falls under moralism and cancel culture?

We've seen things that fester online that lead to real life tragedies or to the damaging of the fabric of democracy itself. Including insurrection on the US Capitol which took its roots on Twitter.

There's a spectrum between "cancel culture is bad" vs. "let domestic terrorists and CP sharers gather". And I don't think there's a slippery slope concern. Twitch already bans people for unexplained reasons anyways.


If they actually committed any of those crimes you don't need to cancel them because prison doesn't let you stream.


Not if the evidence for such things isn't admissible. (like certain types of recordings)


Hmm, I wonder if the justice system has any reason for why some kinds of evidence aren’t admissible?

Nah, they probably just want to let a few criminals off the hook for funsies.


Your sarcasm aside, there are obviously plenty of reasons why there are failings of the justice system and most people agree that the government isn't the sole arbiter of social accountability.


I'm not saying the justice system is perfect, but we've spent literally thousands of years refining it and people have fought and died for things like rules of evidence, the right to face your accusers, trial by jury, presumption of innocence etc, etc. These things are still not a reality in many places in the world.

To throw that out and say "Nah let's nuke this guy's life because an anonymous person sent us a screenshot that they claim is him doing something racist" is not an improvement. This is moving in the wrong direction.


Good thing there are multi-billion private companies out there that can pick up the slack and punish the real criminals.


Anything posted on social media would generally be admissible as evidence in a US criminal trial, assuming that it isn't shown to be fake or irrelevant. That applies even if the recording was created illegally by a private individual.


The Chaz was worse wasn't it, there were more deaths, it lasted longer and the participants were given very charitable coverage. Violence and lawlessness is ok if you're on the right team basically.


Or burning down a police precinct. Or literally fire bombing federal buildings for MONTHS with virtually no consequences. And all the while politicians and media egg it on.

The duplicity on the violence issue is both stunning and terrifying.


They accomplished the goal of getting people to maybe think about police violence. It’s clear that lighter protests didn’t get any action or attention. If violence is so intolerable, I would like to see some calls for justice from those who seem more concerned about the protection of buildings than people’s lives.

Stop pretending the violence came from nothing. I have friends with burns on their legs from getting hit by stun grenades while actually peacefully protesting. You won’t believe that, but you can find video after video of police actively attacking peaceful protestors.


I do believe that. Certainly violence begets more violence and the police are certainly not blameless.

All of that said, lets be careful not to boil this down to property damage so we can justify it. 19 people died in those summer riots. The property destruction affected mostly poor areas and minority business owners.

The duplicity is stunning and terrifying.

https://en.wikipedia.org/wiki/Violence_and_controversies_dur....


Not claiming its only property damage, sorry if I seemed to imply. I'm sorry you're afraid of what has happened and how its been covered. I think the protests themselves will ultimately lead us to a better place - though of course any violence is not helpful to get to that better place.


I hope that you are right, and despite my pessimistic demeanor, I do believe ultimately good and necessary change will happen. Perhaps we can learn from the negative along the way. Thank you for your positive responses.


I dunno, I tend to regard property damage and murder to be different things. I have been surprised to see how many people disagree, and I'm still trying to understand that perspective.


It depends on the scale of property damage - lives aren’t worth infinite amounts after all. I would say damage in the millions is automatically equivalent to murder. But it doesn’t even have to go that far. Destroying someone’s small business (as an example) is also tantamount to murder - if a person pours years of their life, taking time away from their family, experiencing great stress, taking risks, and surviving via sheer grit, and then sees all of that destroyed by rioting black bloc hooligans in one short night, they would be utterly devastated. That’s a human cost and it is comparable to murder because someone poured their life into building that business.

Then there’s collateral damage. Much of the rioting in the last year was criminality in service of a political goal. That is the literal definition of terrorism. These actions create fear in political opponents and aim to achieve political goals outside our legal process. That has a human cost.

But if I had to simplify it, life is a period of time. And time is used by people to acquire or create property. Therefore when that property is stolen or destroyed, it is taking away life.

A more comprehensive opinion: https://fee.org/articles/vandalism-is-violence-destructive-r...


Insurance policies can't bring people back to life, though.


In Portland protestors have clubbed police on the head with bats (and famously a wrench), tried to set the courthouse on fire, and tried to set the mayor's occupied apartment building on fire.

Attempted murder, and arson of occupied structures. Far worse than the capitol riot.

Also, who the violence was directed at. In DC most of the rioters were unarmed and fought with police. In Portland and LA many protestors were armed and fought passing citizens, attacked drivers, etc. Police don't "deserve" to be hit, but they sign up knowing that the job can get rough. Random old ladies protesting the vandalism of their building shouldn't be hit but the justice mobs feel free to hurt anyone.



Cursory googling:

CHAZ/CHOP: 2 deaths Capital Hill Riot: 5 deaths


Except if you went to chaz, it was actually fine and the news blatantly exaggerated reality for advertising $$


I'm sure it was mostly fine, in the same way if you stuck to certain places in the capital riots the majority of the people congregated were peaceful. The Chaz also usurped local businesses, there were plenty of firearms and at least five shootings. This is indisputable. Now you will say those are just bad apples, but you wouldn't give the same leniency to the capital riots would you. Also the leaders of the Chaz bare some responsibility for the deaths that happened in them do they not? But of course no one really cares about that, whereas assinine tweets by unpopular politicians mean they are traitors who orchestrated an attempted coup. To me the framing of similar events is very different based on political allegiance.. hence why I'm worried about these biased reporters gaining more power to determine who does and does not have a voice in society.


There were more deaths and more crime than what is just officially attributed to CHAZ. CHAZ also left behind a massive tent encampment that took over Cal Anderson park (adjacent to CHAZ), which at one point was used for riot staging. Police found a weapons cache hidden inside a tent that appeared to be for the homeless but wasn’t (https://thepostmillennial.com/revealed-antifa-stored-weapons...). The sprawling homeless camp became its own controversy, with black bloc/antifa affiliated activists trying to set up a new autonomous zone following something similar in Portland (https://redstate.com/nick-arama/2020/12/18/296959-n296959). All this chaos and the park being taken over as an illegal homeless encampment provided cover for a homicide-suicide (https://thepostmillennial.com/homicide-suspect-in-seattle-sl...). The person committing the homicide was Travis Berge, a repeat offender who was featured in the documentary “Seattle is Dying” as a prime example of permissive restorative justice policies don’t work (https://komonews.com/news/local/travis-berge-repeat-offender...). He killed a woman that was allegedly his “girlfriend” before killing himself.


Call me biased but I happen to think that being at a “protest” that results in the storming of the Capitol during the tallying of electoral votes for our country’s leader is not equivalent to the occupation of a public park after a man was suffocated by a police officer. I happen to think that storming the seat of government is worse.. Chaz was two (maybe three square) blocks, and the news was acting like it was a country. Also absolutely nothing was stopping the police from doing their job, they literally abandoned a precinct which made zero sense at the time. I acknowledge there were shootings, but yeah like I said, I went there on multiple occasions and didn’t see a single firearm, but the news (both CNN and Fox) described checkpoints and anarchy when all I saw with my own eyes were art booths and a stage with speakers giving lectures.


I watched the mainstream news and I walked down the street. The vast majority of news coverage was very favorable to chaz/chop. It was extremely unsafe after sundown, made that way by the residents of chaz/chop.

Source: I lived 2 blocks away


Same, I lived 6 blocks away and when my lease expired during the turmoil, I left.

People here who say chaz wasn't dangerous should really look at how they propped up their own militia/security force and executed minorities.


I lived about 4 blocks north and I can give you videos of cal anderson and the general capitol hill area being dangerous after sun down throughout the past 4-5 years if you'd like. Seattle is overall not a nice place to live unless you're in the suburbs or only exist indoors.

One night right outside my window, I witnessed a homeless man with a gun to his head, right out in the open, screaming "KILL ME MOTHERF***" to the guy screaming "GIVE ME MY MONEY". I've seen knife fights by both QFC's.

Everyone just normalizes it and like, finds an equilibrium when you live there.


All the live footage I've seen from people who have actually gone suggests that it was as bad as people suggest.

Things I've seen video of includes guys handing out guns to (what appear to be) minors, fights breaking out, and people getting assaulted for recording what is happening there.


Can you link to any of that? I lived nearby and it felt more like a street festival the times I went by. I know this stuff happened, but I genuinely never saw what it was like.


It seems most of the video was taken down like this one - https://www.facebook.com/163203180698293/posts/1165808300437...

Some things are still available though - https://www.bitchute.com/video/1Jr0ILcX9hY/

Social media seems to be doing a pretty good job of trying to pretend these things didn't exist.


Yeah, pretty much. I remember a Twitch streamer who'd broadcast from there even abused the DMCA to take down a video that Seattle's police department posted to try and identify the CHAZ-affiliated people who were caught on stream shooting and killing a black teenager. As far as I know Twitch didn't have any problem with that, because "Black Lives Matter" doesn't actually mean black lives matter...


I remember peacefully eating Subway about 2 blocks away from CHAZ watching bunnies hop around in the grass. I was there for photojournalistic purposes. I had to walk past a Starbucks with broken windows however. Actually being there and experiencing it, media most definitely blew it out of the water for outrage advertising $$. You're very right.

The initial few days of george floyd protests were tense, but almost every large city around the country also was.


Cancel culture isn't about a company banning things, it's about an outrage mob getting angry to the point where it becomes untenable for a company to defend an individual that hasn't broken the law.

What you are talking about is something completely different. That's not even cancel culture. It's upholding the law and it requires zero opinions from a random outrage mob, you report the content, the company reviews it and immediately deletes it if it goes against the law. There is no petitioning required to pressure a company because the vast majority of companies delete content like that as soon as they can identify its illegal nature.


And all of this while twitch’s “Just Chatting” section is basically Soft Core porn, “hot tub streams” accessible to underage users, exploiting vulnerable, desperate people for insane amount of donations.

Twitch is definitely a slippery slope, especially in distributing soft core porn to underage kids.


Agreed. Personally I think we need to do a better job of preventing kids from being exposed to this kind of stuff. Not just on Twitch but everywhere else.


And of course punishment without process of law has never gone awry before, and never slippery sloped into something nightmarish. I'm sure it'll all be fine. It's not like we have ample historical examples of this sort of thing.


You say this as if that list is fixed for all of eternity. If you don't want to call this a slippery slope, then how about the thin end of the wedge.


Wow, that's a really interesting idiom. I've never heard that before and will definitely use it over slippery slope, especially since pointing out a slippery slope is often incorrectly called a fallacy (from my understanding, it is only a fallacy if there is no established trend).


It’s used a lot in political planning i.e here’s our ultimate aim, what’s our thin end of the wedge, and what’s our pretext


A rowdy unarmed (not a single firearm) mob is not an “insurrection”. I’m not condoning what happened, but can we please stop using hyperbolic language?


Not a single firearm? https://www.cnn.com/2021/02/17/politics/capitol-insurrection...

However, I'm not sure where you got the "opinion" that an insurrection must be carried out with a firearm? You can do a quick Google search for the definition of the term. Here's one from the Cambridge dictionary

> an organized attempt by a group of people to defeat their government and take control of their country, usually by violence

https://dictionary.cambridge.org/dictionary/english/insurrec...


Organized, it says right there. You think that mob was organized? There was no plan

Also, your CNN citation says in the headline that there was a gun found, but then the body of the article contradicts it

> Some of the weapons that were confiscated had been seen being used inside the US Capitol including a baseball bat, a fire extinguisher, a wooden club, a spear, crutches, a flagpole, bear spray, mace, chemical irritants, stolen police shields, a wooden beam, a hockey stick, a stun gun, and knives.

Where're the guns? CNN knows people only read headlines; they're so brazen with their narrative.

After they claimed over and over that Sicknick was killed with a fire extinguisher based on zero evidence for weeks there's no reason to trust the rest of these details in an article from February are true anyway, especially if CNN can't keep the facts straight between the headline and the article body



> within the District of Columbia

Nothings in your court case says anything about the Capitol building.


>On or about January 6, 2021, within the District of Columbia, CHRISTOPHER ALBERTS, did carry and have readily accessible, a firearm, that is, a Taurus G2C semi-automatic handgun, on the United States Capitol Grounds and in any of the Capitol Buildings.

In the same sentence you quoted


Again, nothing mentions the Capitol Building itself (Capitol Grounds and Buildings cover a lot of spaces) and it's not like it is unusual for weapons to be seized https://www.nbcwashington.com/news/local/us-capitol-police-s...


"COUNT ONE On or about January 6, 2021, within the District of Columbia, CHRISTOPHER ALBERTS, did carry and have readily accessible, a firearm, that is, a Taurus G2C semi-automatic handgun, on the United States Capitol Grounds and in any of the Capitol Buildings.

COUNT TWO On or about January 6, 2021, within the District of Columbia, CHRISTOPHER ALBERTS, did unlawfully and knowingly enter and remain in the United States Capitol and grounds, a restricted building and grounds, without lawful authority to do so."


You are aware that "capitol grounds" is not just the capitol building itself right?


It is absurd to assume that there were zero firearms of any kind at that event. There aren't zero firearms at children's birthday parties.


Police literally were interviewed and said 'they were confiscating guns all day'.


And they didn't press charges? It's not legal to have guns in DC in public, i thought...


They did. (just up-thread someone posted an example: https://news.ycombinator.com/item?id=26733935 )


See my other comment, https://news.ycombinator.com/item?id=26734738. Meets the definition of insurrection, and there were many weapons present, incuding the ones you acknowledged, several unlicensed guns, and Molotovs.


How many people were engaged in activities that fit the definition of “insurrection” and how many have been charged with more than just trespassing? How many with conspiracy? If that number is nearly zero, out of hundreds who entered the Capitol grounds, who in turn were a small fraction of the tens of thousands in DC that day to support Trump, how can all of it and all these participants be described in such extreme terms? That seems like a false description.

The reality is in the end, very few will serve jail time (https://www.politico.com/news/2021/03/30/jan-6-capitol-riot-...):

> Although prosecutors have loaded up their charging documents with language about the existential threat of the insurrection to the republic, the actions of many of the individual rioters often boiled down to trespassing. And judges have wrestled with how aggressively to lump those cases in with those of the more sinister suspects.

> “My bet is a lot of these cases will get resolved and probably without prison time or jail time,” said Erica Hashimoto, a former federal public defender who is now a law professor at Georgetown. "One of the core values of this country is that we can protest if we disagree with our government. Of course, some protests involve criminal acts, but as long as the people who are trying to express their view do not engage in violence, misdemeanors may be more appropriate than felonies.”

> The prospect of dozens of Jan. 6 rioters cutting deals for minor sentences could be hard to explain for the Biden administration, which has characterized the Capitol Hill mob as a uniquely dangerous threat.


It looks like your account has been using HN primarily for political and ideological battle. We ban accounts that do that, regardless of what they're battling for or against. There's plenty more explanation at https://hn.algolia.com/?sort=byDate&dateRange=all&type=comme..., but the short version is that it leads to tedious, predictable, and nasty threads that destroy the curious conversation HN is supposed to exist for.

If you keep this up we are going to have to ban you. If you'd please review https://news.ycombinator.com/newsguidelines.html and use HN as intended, we'd appreciate it.


I never said every single person in the crowd was an insurrectionist.

They don't need to be. Hundreds of people physically stormed the Capitol with the explicit intention of overturning a democratic election. What else would you call that but insurrection?

If they failed, it doesn't mean they weren't insurrectionists. It just means they were incompetent insurrectionists. It's not a good look to downplay crime and violence just because the people doing it voted the same way you did.


> Hundreds of people physically stormed the Capitol with the explicit intention of overturning a democratic election. What else would you call that but insurrection?

I would call it a protest or a riot. The vast majority were protesting against the legitimacy of the election results or simply there to rally for their candidate, both of which are legally allowed. That's not "overturning a democratic election" - that's drawing attention to the problem and calling for investigations. The fact that a few people within that crowd may have conspired to do something more shouldn't change the intent of the majority who were there. This is also why almost no one who entered the capitol will face any jail time or charges beyond trespassing.

Keep in mind, there have been numerous past protests at the Capitol in the last decade, mostly from the political left. To claim that this one is somehow worse does not seem fair. Likewise, Democrats have challenged election results numerous times - including the 2000, 2004, and 2016 presidential elections. Even right now, during this very election cycle, there is a case where Democrats are challenging election results for a House seat, with Pelosi's support (https://time.com/5950292/iowa-congress-election-rita-hart/).

> It's not a good look to downplay crime and violence just because the people doing it voted the same way you did.

I'm not downplaying anything, but rather describing things as they are. I feel your use of the word "insurrection" is exaggerating things. The only people using the word "insurrection" are activists and biased journalists - not our justice system. How many people have been charged or convicted for "insurrection"? How does that number compare to the number of people at the capitol?


> The vast majority

We aren't talking about "the vast majority." I already said this. We're talking about the hundreds of people who physically stormed the Capitol with the explicit intention of overturning a democratic election. The fact that there were thousands of peaceful protesters right outside doesn't erase the hundreds of insurrectionists.

> Keep in mind, there have been numerous past protests at the Capitol in the last decade, mostly from the political left. To claim that this one is somehow worse does not seem fair. Likewise, Democrats have challenged election results numerous times - including the 2000, 2004, and 2016 presidential elections. Even right now, during this very election cycle, there is a case where Democrats are challenging election results for a House seat, with Pelosi's support

You're saying that public protests and legally challenging an election in court are the same thing as smashing your way into the Capitol building, attacking cops, beating a policeman to death, and publicly bragging about your plans to murder politicians.

Everything I just said is well-documented with multiple live videos, mostly taken by the people doing it. You can find them in just a few minutes on Google. ("Dawn Bancroft", for example.)

You're consistently talking about what you think should have happened and ignoring the facts of what actually did happen. I don't think there's any further productive discussion to be had here.


I stand corrected: a single Taurus G2C 9mm with 25 rounds was confiscated from a man exiting the Capitol. One firearm, not zero.


A protest that was larger than expected and overran the existing security isn't exactly an organized attempt.


Upon watching the evidence and trial, it's clear it was organized. They had Save the Dates months ahead (at the exact time the election was being certified) with continued rhetoric that the election was stolen and that they had to march to the Capitol and fight.


Literally everything you're describing would be identical to that of a preplanned protest. The implication of "organization" is that of a plan for "insurrection", for which there is no proof of premeditation.


> with continued rhetoric that the election was stolen and that they had to march to the Capitol and fight.

None of which are proof of a planned insurrection. Of all the meanings you only picked the ones that fitted your predetermined conclusion.

Believing the "election was stolen" is an opinion that comes up every elections from both sides.

"Marching" most often means marches, which is a peaceful demonstration in itself, and the Capitol is not just the Capitol building, it's also the Capitol Grounds and the surrounding areas.

Fighting is a term often used colloquial non-violent way, as in "fight cancer" and "fighting for civil rights".


This is just moving the goal posts (not to mention plenty of weapons and threats were involved).

In all seriousness, at what point would you call something an insurrection?

Go ahead and define it now, that way in the future when "X" happens you can't reply with "X is bad, but it's not an insurrection". I'm being completely serious, please define insurrection, in your terms, so that in the future I can identify it accurately.

I feel like this has to be the first thing we do with folks who constantly say "X isn't Y". Okay, define how something gets classified as Y.


You asked a well-considered question and got a stupid response. What a waste.

My definition would be rioting, specifically using escalating violence until success, to attempt to coerce a system into passing laws that it would not otherwise have passed or wanted to pass (up to and including deposing the leader).

I feel like my view loosely fits the Capitol riot, heavily fits the BLM riots, and heavily fits the 1776 insurrection.


Gotcha, I do appreciate you taking the time to reply seriously. My issue with your definition is that means the only thing you'll deem an insurrection is a revolution (basically a successful insurrection).

I think the BLM protests (funny these are always deemed riots by certain folk, reminds me of how the military uses terminology to dehumanize, such as the word target) escalated to insurrection in one scenario that I know of, namely the CHAZ incident. Ultimately, that insurrection failed, since nothing significant changed.

I would argue folks, for some reason, only deem things X when it's too late. That goes for genocide, insurrection (which is done for many reasons along the entire political and human spectrum), slavery, etc.


The BLM protests did at times turn to riots. I don't say that to dehumanize anyone but there was violence and destruction. Mainly because the cause was highjacked by groups that love to break out into violence, such as Antifa.

If we can't call out such groups and recognize the damage they do, what happens to the next protest?


I'm not sure what you mean, where am I unwilling to call out a group?

The comment said BLM riots, which did not happen. In your own words, you are close to realizing why I say it's dehumanizing and meant to impart a meaning that isn't true.

You said: "Mainly because the cause was highjacked by groups that love to break out into violence..."

In other words, you actually do realize they aren't BLM riots. They were BLM protests, that were highjacked by groups outside BLM to result in riots.

So stop conflating riots at a BLM protest with BLM riots. They are not the same thing, and by doing that you attempt to de-legitimize the BLM movement.

I'm honesty not sure why you think I'm not willing to call a riot a riot. I'm just not willing to attribute the riot to BLM, since it doesn't align with their values or leadership whatsoever.


I call riots that happened at BLM protests "BLM riots".

They are not the same thing.

The reason they kept happening is the media, not you, were no willing to call out the violence. They were not willing to out of a fear that they would appear to be disagreeing with the cause.


Then you're willfully engaging in disinformation and dishonesty. If we can't agree to call things what they are, how can we hope to have any sort of discussion?

You have to know that "BLM riots" imparts to those around you a far different message than "riots that broke out at BLM protests". And in an age where folks don't look into things for themselves and rely on trusting others, someone other than me is likely to assume you mean that "BLM was rioting". That's why wording / word choice are so important.

I think the media _did_ call out the violence though, in fact I would say they focused more on that than they did the actual BLM protests (a majority were boring affairs, just folks marching and speaking). The media is more than willing to try and maintain the status quo by focusing on anything but the actual protests, and they do so by focusing on the violence more than anything else. I'm not sure how you came to the exact opposite conclusion.

I feel like they do this to any cause, not just BLM. Doesn't matter if it's a left leaning issue, a right leaning issue, or an issue supported by the majority of Americans. They portray it in whatever way maintains the status quo.


The footage of the people that actually got into the Senate seems to disprove this painting of the events. I didn't see anyone attempting to abolish the government or whatever. Rather, it was a few people taking pictures and standing around. I dont support them but I'm not going to lie about the footage and claim it was anything close to an unarmed insurrection


Violent? 2/10 maybe

Escalating? 0/10 not at all

Attempt to coerce laws? 2/10 not really

I mostly agree. It doesn’t pass my own definition.



A mob occupying private land, for weeks (months?), and declaring autonomy under a radical, explicitly and overtly anti-american, revolutionary flag, threatening and ejecting any approaching officials, including medical services, with violence. Particularly when this mob is affiliated with a decentralized network throughout the united states with similar goals.

Storming the capitol with weapons, having leaders with knowledge of the layout, and actually spilling blood. The picture of the right in this country by media is generally a caricature of an inbred, uneducated southern hick, so it's easy to pretend that they planned for a serious coup and we're just completely incompetent. But the lack of weapons in any significant quantity, or their use, or even their brandishing in the capitol, suggests that there were never any serious plans for a coup or even for violence.

The fact that "insurrectionists" came within 5 feet of the entrance to the chamber with the politicians they were allegedly targetting and obliviously walked past it more likely shows that there was no serious preparation, given that the layout is easily searchable online.

This is manufactured hysteria by the media, for political goals. It comes from the same place as this twitch policy - we are in the midst of a dirty culture war.


> there was no serious preparation

"Oh, please. Attempted murder? They don't give the Nobel Prize for attempted chemistry!"


Oh, come on.

They broke into the Capitol building, and in to the Senate chambers, while congress was in session.


Everyone knows that if you reside at the podium for 10 seconds uninterrupted, you become the President of the Senate and can issue any rules you want.

We're just lucky they didn't get the Gavel of Power too!

Or.. in the real world, we understand how the US political system works, realize there was no real "insurrection," and we rightly call it a bunch of jackasses trespassing.

Your call.


I appreciate your perspective, but would argue you are overestimating the stability of our system. Also its not like those "jackasses" came out of nowhere... they were part of a protest organized by the sitting President to protest... the outcome of a typical election.


They chanted about executing your VP.



Maybe if it happened on a random Tuesday in April or whatever, but it did happen at a very specific time, didn't it?


Oh come on. You have to keep your head pretty deep in the sand to think this was just tourists wandering through the Capitol. They killed a police officer and were chanting that they wanted to kill the VP and Speaker of the House. They flew a confederate flag inside the Capitol. Stop making excuses for traitors.


I watched the whole trial, it's pretty hard to excuse. Even GOP minority senate leader agreed he was guilty of inciting insurrection (despite voting not to convict on a technicality he created). Sorry if it doesn't match up with your worldview.


"Many in the crowd attacking the Capitol have said their intent was to stop the vote confirmation and keep Trump in office despite the election results. That’s an insurrection." https://www.politifact.com/factchecks/2021/feb/15/ron-johnso...)

"Unarmed" is definitely false, per the other comments: the FBI confiscated "a baseball bat, a fire extinguisher, a wooden club, a spear, crutches, a flagpole, bear spray, mace, chemical irritants, stolen police shields, a wooden beam, a hockey stick, a stun gun, and knives."

But several people seem to be arguing that only firearms count. In that case: Christopher Alberts was arrested with a handgun and charged with unlawful possession of a firearm on Capitol grounds. Grant Moore was found an with unlicensed gun in his vehicle near the Capitol; Lonnie Leroy Coffman, the same, except it was multiple guns and 11 Molotov cocktails. (Source for all: https://www.usatoday.com/storytelling/capitol-riot-mob-arres...)

We can all be thankful he didn't use them, but a person who goes to a protest with Molotovs does not have personal defense in mind.


One more for future reference: Cleveland Meredith apparently arrived too late for the riot, but was arrested the day after with two unregistered guns after threatening to "put a bullet in [Pelosi's] noggin on live TV.”


> We've seen things that fester online that lead to real life tragedies or to the damaging of the fabric of democracy itself. Including insurrection on the US Capitol which took its roots on Twitter.

I find your comment quite one sided and exaggerated.

There was no insurrection on the Capitol because there was no guns, no widespread weapon carry, no significant violence inside and no proof of an organization to actually overthrow the government was shown in the various reports and court cases. The surveillance videos showing the protesters walking in calmly in file following the cordon is the definitive proof of that. In fact the censorship and manipulation of social media is known to cause the formation of various ideological bubbles that acts as positive feedback loops for extremism.

On the other hand we saw waves of violence since last year that were instigated by actual self-proclaimed insurrectionists. News presenting the violence were minimized while news of politicians supporting the protests and news stations downright lying the violence while buildings were burning on the background. This is all due to the censorship and narrative control of big media conglomerates, not actual open conversations.

> There's a spectrum between "cancel culture is bad" vs. "let domestic terrorists and CP sharers gather"

Crimes are not on a spectrum, either someone is guilty or not, there is no in between. And as pointed out by Justice Thomas recently, when organizations become too big they can be subject to regulations as public utilities, which will made them unable to infringe on the first amendment of their users.

> And I don't think there's a slippery slope concern.

Contrary to popular belief, fascism and Nazism did not rise because of free speech, but because of speech suppression and narrative control (read propaganda) along side with a close collaboration with intelligence services that began as early as the 1920s. Given that the more we they censor the more they have power which makes them more and more successful in censorship and narrative control means that we are in a positive feedback loop, which is slippery slope.

> Twitch already bans people for unexplained reasons anyways.

And?


If you say "there was no violence"; how do you explain the deaths?


Natural causes, obesity, police violence and, maybe, one instance of death that could have been caused by the scuffles which was originally blamed on a fire extinguisher (the story of which was retracted by the NYT just after the vote on impeachment). This is common knowledge at this point.

Also I said "significant violence", as in enough to overthrow the government.


They tried to stop the certification of an election winner using violence and intimidation. That's an insurrection.

Your claims here are like saying that the civil war wasn't an insurrection because the confederacy didn't want to overthrow the US government, they just wanted to form a different government.


The word is often taken to denote a violent uprising. The Capital protests weren't particularly violent - the protesters didn't kill anyone (not to mention they were hardly an uprising).

>Your claims here are like saying that the civil war wasn't an insurrection because the confederacy didn't want to overthrow the US government, they just wanted to form a different government.

There's not that much of a parallel. The Capital protesters wanted to show resistance to the election being stolen from what they saw as the legitimate winner. The Civil War was, like, a war, and way different in every way.


> The word is often taken to denote a violent uprising. The Capital protests weren't particularly violent - the protesters didn't kill anyone.

False.

> There's not that much of a parallel. The Capital protesters wanted to show resistance to the election being stolen from what they saw as the legitimate winner. The Civil War was, like, a war, and way different in every way.

It wasn't a war at first. The South Carolina Declaration of Secession was created and printed with significantly less violence than the insurrection at the capitol...the first shots fired didn't happen for another 4 months. The fact that only 5 people died in the insurrection doesn't mean that the would-be confederates didn't attempt an insurrection, it just means they didn't succeed, and couldn't muster up enough traction to last a single day.


> False.

What's false? Both the statements you quoted? I'll provide my reasoning for each.

--------------------------------------------------------------

The first statement:

> The word is often taken to denote a violent uprising.

Here's the definition that pops up when you Google the word:

> a violent uprising against an authority or government.

Or from the Oxford English Dictionary:

> The action of rising in arms or open resistance against established authority or governmental restraint; with plural, an instance of this, an armed rising, a revolt; an incipient or limited rebellion.

I think this is enough to show that it is often taken to denote a violent uprising.

--------------------------------------------------------------

--------------------------------------------------------------

The second statement:

> The Capital protests weren't particularly violent - the protesters didn't kill anyone.

The easiest response for me to make is a request: name one person the protesters killed. There was a lot of false reporting by the mainstream media at the time, so I don't particularly blame anyone for believing the protesters killed people. But it just doesn't seem to actually be the case. You can read an analysis of the violence here: https://greenwald.substack.com/p/the-false-and-exaggerated-c...

--------------------------------------------------------------


> Contrary to popular belief, fascism and Nazism did not rise because of free speech, but because of speech suppression and narrative control (read propaganda) along side with a close collaboration with intelligence services that began as early as the 1920s.

Please cite some sources showing that the governments of the Weimar Republic – generally formed by conservative and liberal parties and frequently supported by the SPD – used propaganda and censorship to get themselves overthrown by the NSDAP.


> There was no insurrection on the Capitol because there was no guns, no widespread weapon carry, no significant violence inside and no proof of an organization to actually overthrow the government was shown in the various reports and court cases.

All of these are false. https://news.ycombinator.com/item?id=26734738

"No significant violence"? They murdered a police officer. And badly beat several more. Several of them are on bodycam video.


What took place at the Capitol wasn’t an insurrection or a coup (https://foreignpolicy.com/2021/01/06/why-this-wasnt-a-coup-c...). It was by and large a protest, like numerous past protests at the Capitol that didn’t generate the same media coverage due to bias (https://www.allsides.com/blog/capitol-hill-breach-riot-cover...). There were literally tens of thousands of people in DC for rallies and protests, including several thousand in front of the Capitol. A few hundred went past the barriers and almost all those who did, are only going to end up with a minor trespassing charge. Calling all of that an “insurrection” and claiming that Trump or rally organizers were “damaging the fabric of democracy” is not just hyperbolic, but explicitly false.

There is also definitely a slippery slope concern. It isn’t just illegal activities that are being censored on Twitter or Twitch or Facebook or elsewhere. If your opinion/perspective disagrees with progressives on some controversial topic like gender identity or guns or illegal immigration or the coronavirus, you will be censored even though you aren’t breaking any law. Such censorship has been normalized bit by bit over the last four years, and is exactly the slippery slope in action. And since it inhibits the exchange of ideas and free flow of political opinions in a system that depends on it, such censorship is the REAL damage to the fabric of democracy.


I think it's an interesting consequence of accountability, that the people being held accountable tend to vocally dislike being held accountable, but don't want to say so for some reason.

It'd honestly be pretty refreshing for a leader to come out and say, "I don't think my actions should be held against me like your actions should be held against you because I'm special/different." Insane, but refreshingly honest.

For what it's worth, I'm increasingly with you re: leaving the US, for what basically amount to the opposite reason. I'm tired of people not being responsible for themselves, their actions, and the outcomes that happen beyond the first order consequences.


Held accountable by whom? We didn't elect twitch.

Who decides who needs to be held accountable, and for what? Shouldn't that be the justice system?

Twitch mentioned proactively banning people who are arrested, without using the word 'convicted'. Which demographics is that likely to affect?


You're thinking of it like a legal process. Think of a private party instead - you're happy to invite lots of people, but everyone heard Adam was a real asshole to someone in public, so you don't want to have him at the party anymore (even though he was never bad at your previous parties specifically).

It's a reasonable thing to do and you have about the same level of responsibility for your party as twitch has for their platform. You probably also don't care what the justice system thinks about the invitations to your party.


> Think of a private party instead

The extent to which corporations should be considered private entities does not seem like a settled question to me. Your corporation has no natural right to exist, and therefore does not have the natural right to do business solely as it pleases.

> and you have about the same level of responsibility for your party as twitch has for their platform.

What responsibility are they exercising? If the behavior on their platform is not disruptive to it, then what precisely are they defending their users _from_?

> You probably also don't care what the justice system thinks about the invitations to your party.

Invite someone on the most wanted list. I can't imagine it playing out that well for you.


> then what precisely are they defending their users _from_?

You are replying to a poor argument from the parent poster, they don't have to be protecting anyone, it's fine for them to simply say "I don't want that jerk at my party"

> Your corporation has no natural right to exist

Natural right is a weird qualifier, some corps have a legal right or privilege to exist depending on "must grant" or "may grant" in the locality.

> and therefore does not have the natural right to do business solely as it pleases

Well sure, they aren't allowed to ban people for their membership in a protected class, e.g. their race or disability for the same reason that they aren't allowed to sell cocaine or kill people, because the law prohibits all of those things.


> The extent to which corporations should be considered private entities does not seem like a settled question to me. Your corporation has no natural right to exist, and therefore does not have the natural right to do business solely as it pleases.

This is a particularly interesting topic - a lot of the parallels around private vs. public places seem to have eroded over time. Facebook, Twitter and others are now serving the function of a public place. They are means of communication used by governments and elected leaders.

I suspect at some point soon there will be a shift in the balance here, to try and address the extent to which companies are "private entities" sitting outside of the legal frameworks, where they deal with the public. NJ views privately owned shopping malls to be public places from a 1st amendment perspective, even though it is not publicly owned - it isn't a huge leap to consider FB or similar as a public space on that basis.


> If the behavior on their platform is not disruptive to it, then what precisely are they defending their users _from_?

From being surrounded by Adams. Either you act in cases like that, or you become known as "that place that likes to invite Adam (and others)". And it's completely up to the host which side they want to be on. Twitch chose to end the invitation.

> Invite someone on the most wanted list.

That's not even close to the case discussed here.


The problem is who judges the Adams and decide that they are assholes. People are worried that the judge will not be fair and it will be biased in favor of some ideology.


Of course at some point it will not be fair. No system is and people make mistakes. The question is - is it going to be less fair / more biased than not applying the same policy.


Honest question: is there an exhaustive list of natural rights?

The only ones I know about are related to the Declaration of Independence and I don’t have any evidence they are comprehensive.

I don’t have any evidence to believe of a conscious higher power, so my list of natural rights is likely to differ from people who do.


No, because "natural rights", like all rights, are a human abstraction and thus open to interpretation, political and religious bias and difference of opinion. They don't actually exist in Nature and so can't actually be objectively quantified. The Declaration of Independence was written by men who believed they had a God-given right to own other men as property after all.


I don't have the power to ban Adam from all parties. Twitch effectively does, in this case.


You mean they can ban someone from YouTube, Facebook, Instagram, Twitter, and all other services with live streaming option? That's not really the case.


There are posts elsewhere indicating that twitch is close to the only game in town for live game streaming. People were denied access to tournaments, not intending to stream or commentate themselves, because the tourney organizers wanted to stream on twitch.

Sure, it's just video games, but we have to reckon in general with the consequences of an oligopoly that's 'just exercising control over their private property' when it adds up to most digital communications.


If it’s important enough, the government should run it.

Game live-streaming isn’t important enough.


Sure, it sucks that twitch is the only game in town for professional gamers. For some reason other attempts never worked long term. But what options are there? Either it needs to be worth for someone to compete with the service, or streamers would have to gain some kind of law protection status which would be worse than now. Or even worse, twitch could go the way of pro physical sports where as long as you don't kill someone, nobody cares. (and you may even get positive pr to keep covered up)


There are many services that let you livestream. Twitch is just one of the most popular.


They are deciding how they view each user and their actions. Shouldn't I also be expected to have the same privilege?

If I want to see it like a legal process there is nothing they can say, specially after this, to make me change my outlook in the same way they ban people for violating their way of thinking and give them no appeal not even the time of day.


You do have that privilege. Why do you think you don't?


>Held accountable by whom? We didn't elect twitch.

Society. Don't like it, pick a new society like the two commenters you responded to you are considering.

>Who decides who needs to be held accountable, and for what?

Once again, society.

>Shouldn't that be the justice system?

The justice system is purposely setup in a way to make it difficult to punish people. This is good. We don't want the government throwing people in jail with flimsily excuses. However this allows a loophole for people to get away with a wide variety of crime and criminal like behavior which is obviously bad. How would you suggest these people are held accountable if it isn't through "cancel culture" which is basically just the modern equivalent of social shunning that various cultures have been doing for centuries?


> How would you suggest these people are held accountable if it isn't through "cancel culture" which is basically just the modern equivalent of social shunning that various cultures have been doing for centuries?

Long-held traditions of social shunning, ostracization and extrajudicial bullying are widely understood to be terrible and have produced horrific injustices for centuries. What you're calling for is a regression of justice. It's precisely the disgusting consequences of vigilante justice that led us to develop the modern systems of justice that we rely on today.

Accountability quickly turns into a witch hunt when people start tearing down standards of proof and judicial restraints as "loopholes". When did we forget that?


Historical social shunning was the majority of people in society choosing to exclude people. Today's cancel culture is vocal minorities bullying monopolistic companies into excluding people.


For much of the history you are referencing there was no difference between the whims of society and the whims of the judicial system. We now have the separation of the two which opens the loophole I previously mentioned. Do you have any suggestion for how to address that loophole?

For example, imagine a scenario in which a loved one comes to you and says they were sexually assaulted two years ago. It happened long enough ago that there is no hope to recover any corroborating evidence. It will simply be the victim's word against the perpetrator and therefore there is almost zero hope of conviction. Do you tell this person "just trust the judicial system" or would you help them achieve some sort of punishment outside of the judicial system such as getting the perpetrator fired?


We have shifted from relying on the whims of society for justice to relying on the judicial system for justice. There isn't a "separation of the two" even now, there's only one recognized system for determining justice. Vigilante justice is illegal.

No, I absolutely would not help a loved one achieve some sort of extrajudicial punishment, I would instead strongly recommend against it. I would try to comfort and support them, responses that are helpful regardless of how good or badly I personally judge their case and related punishments. I would tell them that perhaps the justice system has failed them and no system is perfect, but vigilante justice is a terrible and unproductive response that breeds more injustice than it resolves.

The way you fix loopholes in the justice system is by fixing loopholes in the justice system. The justice system is governed by laws developed by deliberative bodies held accountable through democracy. It's not pretty and it's not satisfying, but after centuries of gross injustice we should know better than to trust mob justice.


> Do you tell this person "just trust the judicial system" or would you help them achieve some sort of punishment outside of the judicial system such as getting the perpetrator fired?

Nope. Neither. I may or may not stop associating with the perpetrator, all things relative to my perception of how bad the thing they’ve been accused of was. I might mention it to mutual acquaintances and let them decide how they want to deal without any judgement on my part.

Trying to get someone fired / hurting their livelihood in general seems quite childish.

I try to mind my own business. I don’t snitch on anybody if I see them doing something wrong. I don’t join online mobs or rage on anybody.


Your child comes to you and says a teacher raped them and your response would be you "might mention it to mutual acquaintances"? You wouldn't want to be a "snitch" and tell the school that employed the teacher?


That’s super extreme. Of course I’d call the cops the same day. It’s your job to protect your children.

If some adult I knew said “so and so made me feel really uncomfortable 2 years ago” or “so and so touched me 2 years ago” I’m not going to say “hey let’s get them fired!!!”

It’s not my place to be a vigilante. I wouldn’t get involved at all. If I had a good relationship with the accused I would probably even help them out, eg hire them, after someone “cancels” them.


Early American culture was designed to prevent this. Early pilgrims were persecuted by other Christian groups in Europe. So they built in ideas like religious freedoms to try to build a society that could accept differences of opinions. I'm not American but have a lot of respect for what they were trying to achieve.

By all means have your group of close contacts that you shun when they step out of line but doing that society wide causes too many injustices.


The idea that the Pilgrims came to America for religious freedom is mostly a fairy tale. But either way, there is a world a difference between shunning someone for exercising religious freedom and shunning someone who very likely committed sexual assault.

EDIT: This is being downvoted. I'm not sure if it is the Pilgrims comments, so I will point people to the Wikipedia article and the second sentence which notes that the Pilgrims "fled religious persecution in England for the tolerance of 17th-century Holland in the Netherlands." They spent over a decade in Holland. They didn't come to America due to persecution because they already had religious freedom in Holland.[1]

[1] - https://en.wikipedia.org/wiki/Pilgrims_(Plymouth_Colony)


I think we will have to agree to disagree on the history of the Pilgrims.

I don't think there is a world of difference between the two. You are shunning someone because it is very likely the did something wrong. If that is your close friend and you think they did it, then it's probably a good idea to shun them. The hope is that they will see they did something wrong, own up and change. This makes the world a better place.

Some person on the internet that has been accused of doing something wrong could be black listed from online life, but what does that achieve? We don't even know if they did it?

Then what happens when someone changes their ways and becomes a better person? Do we keep them blacklisted? This seems to be the way we are operating.


> Then what happens when someone changes their ways and becomes a better person? Do we keep them blacklisted? This seems to be the way we are operating.

Right. Twitter hands out lifetime bans. I was very encouraged this week by Justice Thomas’ opinions on monopolistic platforms. https://www.npr.org/2021/04/05/984440891/justice-clarence-th...


There are plenty of sources that agree with me on the Pilgrims.[1][2][3]

Almost no one is "cancelled" permanently. Maybe they go away for a few months or years, but they almost always are able to resume some sort of normal life eventually. It is much less severe than a jail sentence. If they truly do reform and become a better person, that usually speeds up the process, but it is rarely an actual requirement.

[1] - https://www.washingtonpost.com/opinions/five-myths-about-the...

[2] - https://www.history.com/news/why-pilgrims-came-to-america-ma...

[3] - https://www.smithsonianmag.com/history/americas-true-history...


Well, they were eventually “persecuted” in Holland the same way they were “persecuted” in England: They weren’t allowed to impose their religious rules on others. That’s the “persecution” they “fled.”


> Society. Don't like it, pick a new society like the two commenters you responded to you are considering.

I guess you can move out from the US and that's probably a very good decision to make, however: first of all, those corporations are not local to the US, but global, world-wide. Furthermore they are willing to work with authoritarian governments, like Google working with the Chinese government to spy on their citizens. Second, corporations and Western governments are actively trying to remake the rest of the world in US image, project their problems on us and force everyone to make the same mistakes they did. You can run from the problem, but it's not going to solve anything and it will eventually get you too. As far as I'm considered, America falling apart would be an acceptable outcome for me personally, if it wasn't for the fact that you're trying to drag the rest of the world down with you.


No, it's not society. That makes it sound like everyone has a say.

It's only a very small minority of people are the ones that decide who gets punished and excluded.

It's not society, its the powerful.

This is how you have people getting banned for supporting a national politician who won election with ~49% of popular vote. Those 49% clearly didn't get a say in who gets punished and excluded. Only the powerful get that say.


I'm willing to bet there are a significant number of people who didn't vote for him who would be opposed to an individual getting banned for supporting him. This pushes the percentage of individuals who are opposed to this punishing/excluding over 50%. "The powerful" that you are referring to would also be a minority if your numbers are correct.


Agreed - it is a minority.

By this study it's about 8%:

https://hiddentribes.us/


>Society. Don't like it, pick a new society like the two commenters you responded to you are considering.

Society changes, get over it. These changes are going to ruin platforms and people will dislike it and move to other platforms, yet they will still be in the same society.

>The justice system is purposely setup in a way to make it difficult to punish people. This is good. We don't want the government throwing people in jail with flimsily excuses.

This is literally what happens all day every day in the justice system which is nothing more than a formalized social shunning process that requires fewer people to ruin your life and profit off of it indirectly.


'Society' by how thick a margin? 80%? 50.1%? Less?

What if the decision-makers at twitch represent 'society' less than they think they do?


There is no set percentage, but if the decision makers at Twitch don't represent society, there is nothing stopping a Twitch competitor from sprouting up that is more in line with society's morals.


I'd submit for your consideration that there's quite a lot stopping someone from just starting a twitch competitor.

Even beyond the tech challenges, there are thousands of posts out there describing the network effect and trend towards winner-takes-all in a given social networking market.

I'm honestly curious about the mindset that leads one to just say 'nothing stopping you, make your own twitch, no biggie'. Is it lack of sympathy for those cast out? Idealistic belief in free markets and meritocracy? Genuine belief that it's easy? What's the underlying angle?


Remember your hypothetical started with Twitch's morals being out of line with society's morals. That represents a huge demand for a competitor.

I would compare it to when Reddit started cracking down on immoral content. That created demand of competitors. Multiple ones popped up. However they weren't able to sustain themselves or grow demand because society was on Reddit's side and not the side of Voat and the like.

The reason it is currently difficult for Twitch competitor to gain traction is because people are largely fine with Twitch. Even so, there are still plenty of other streaming options including those with sizable userbases even if they are targeting different market segments like Facebook and Youtube.


Now you're moving the goal posts from "able to broadcast yourself" to "starting a twitch competitor.

Then you're moving the goal posts from "streaming yourself" to "reaching as many people as possible and/or making the most money from it".

You can say what you want on the internet, but people don't have to listen and companies don't have to broadcast you, promote you or pay you.

Alex Jones still does his show, but if you accuse the victims of a mass shooting of being actors in a conspiracy for gun control, you might not get to have people subscribe to you on youtube.


I didn't open up the "just go start your own twitch" line, I was responding to someone.

> You can say what you want on the internet, but people don't have to listen and companies don't have to broadcast you, promote you or pay you.

That sounds good in a vacuum, but what about when it's a handful of companies doing all of the broadcasting? If this were the internet of the 2000s, with a widely distributed network of self-hosted blogs and BBs, I'd be right there with you, but that's not where we're at.

Alex Jones is big enough to bring his noxious show anywhere. What about the little guy? What if it's the historically persecuted who continue to be persecuted when this all shakes out?


> That sounds good in a vacuum, but what about when it's a handful of companies doing all of the broadcasting?

... are there not enough giant companies doing this thing that didn't exist a few years ago?

You realize you can pay for a VPS for $10 a month and broadcast to hundreds of people right?

> If this were the internet of the 2000s, with a widely distributed network of self-hosted blogs and BBs

Pretty sure all that stuff can still be done. Do you not realize you can rent a server and buy your own domain name? You can even rent a VPS with 40 gigabit internet and 10 terabytes of upload for around $20 a month.

> What about the little guy? What if it's the historically persecuted who continue to be persecuted when this all shakes out?

Lol, who are the historically persecuted that aren't able to stream video games because they can't help but violate twitch's TOS. I have a hard time believing this is even a serious conversation.


That’s what freedom is, you don’t get a say in what they do if they don’t want you to.


[flagged]


Describing the options available currently today is not a helpful contribution here, and seems intended to silence discussion of something considered unjust by others. Beyond the facts you've cited — as a private company, Amazon owes no duty of 'guaranteed platform' whatsoever — is there anything else you're able to contribute to this discussion? What are your views? Do you agree or disagree with the "simple" circumstances you cite? Do you consider Twitch's actions likely to promote injustice against minorities?


[flagged]


The parent comment you're replying to notes, correctly, that the behaviors you label "corporate libertarian" are the choices available today. It's not valid to infer and label the beliefs of the poster of that comment for describing these choices under the current US situation, even if those choices seems unjust and cruel, as it's entirely possible they don't agree, or they have more nuanced beliefs, or maybe they're just bitter today for reasons wholly unrelated to the topic at hand. You could instead indicate that what they describe is precisely the circumstance you wish to change (you do wish to change that, right?), and maybe you could even go into detail how you'd change it (would you pass new laws? what would they say?), and what approach you think would be effective for making that happen. Anything along those lines would be valuable and relevant.


I think people generally mention accountability when it suits them, specifically when it suits their group morals.

Accountability to me is that the government teaches them a lesson, some company doesn't need to jump in line to punish them for me to feel satiated -- that job is done by the government. Moral communities are just that though, tiny groups that would like to exercise their power and worldliness on others in pursuit of their utopian society free from democracy and government oversight. Having come from a repressive religion, I have no argument against why this paradigm is flawed, but maybe it takes the eyes of someone who has lived that to see it.


So you think companies are acting in a moral interest and not in perceived financial interest?


I think the financial interest is connected to moral interest.


The responsibility starts to fuzz when you try to follow that thread.

It's clearly with the company executing the decision to remove someone from their platform, but trying to decipher whether or not what they're doing is a financial or moral decision (despite their claims, that's part of the financial choice) becomes fairly pointless.

If you want to rail against a changing society, that seems like a waste of time. If you want to rail against a specific set of companies who have acted in a specific way, I think that's more productive and addressable.


"We can ban anyone at will for any reason or none" (which is what this kind of policy amounts to) is corrosive to actual accountability. Twitch are appointing themselves as judge, jury and executioner; there's no evidentiary standard, no right of appeal, no procedural safeguards. It's the same kind of "accountability" as the Star Chamber - a way for the strong to impose their will on the weak.


Twitch is a private company. You are free to not use their services (which may be a good idea).


Limited-liability companies are an unnatural, artificial privilege; perhaps we should tolerate them when they serve some social purpose, but they should be held accountable like any other government-backed entity (since that is in fact what they are). More to the point, pragmatically the likes of twitch are harder to avoid than many national governments.


Yeah I get your point. Like those witches in Salem, they really didn't like being held accountable for performing witchcraft.


The "witches" in Salem weren't actually witches. Racist and violent assholes on social media trying to drape themselves in the false flag of liberty are still racist, violent assholes.


I think the parent comment is trying to point out that the people who were deciding who was a "witch" in Salem back then could be the same type of people who are deciding what counts as "racist" or "hate speech" these days when it comes to "canceling" others.


Yes, practically everything every social media platform has done over nearly the last decade which anyone has ever disagreed with has been equated to Nazism, Stalinism, Orwellian dystopia or the Salem Witch trials. The slippery slope fallacy is very popular, especially on Hacker News.


There is no false flag of liberty, that is an oxymoron.

Liberty is having the right to offend people, that’s what it means.


> There is no false flag of liberty, that is an oxymoron.

Several political philosophers critical of liberalism (and even those sympathetic to liberalism) have argued that several free actions we take do indeed disadvantage people in various ways, whether it comes to democritic citizenship or other social interactions. It is entirely possible to act under the flag of liberty while still (knowingly or not) disadvantaging other people. This 'paradox' (speaking loosely) has given birth to the (currently popular) philosophy of egalitarian liberalism (or, liberal egalitarianism, as opposed to other theories such as Marxian egalitarianism).

You can read more about this at the Stanford Encyclopedia of Philosophy: https://plato.stanford.edu/entries/liberalism/#NewLib


Liberty is not concerned with disadvantaging people, or advantaging them for that matter.

Liberty is the action itself, irrespective of the result.


And if you exercise your right to offend people in my establishment, I have the right to toss you onto the pavement.

Liberty is a two-edged sword, which is something a lot of people seem to have forgotten.


> if you exercise your right to offend people in my establishment, I have the right to toss you onto the pavement

not anymore (if you are implying physical removal). you can't even apprehend shoplifters anymore without getting sued.


Purely literally, yes, you're correct, you can neither physically remove someone nor physically restrain someone, and this is a good thing, as the state has a monopoly on use of force.

If you only "metaphorically" toss someone onto the pavement, though (tell them to leave the premises), you're fine, and can have the group who has a monopoly on force enforce that request if necessary.


Metaphorically, because we're really talking about whether "liberty" implies a "right to offend people" that precludes Twitch from being able to ban any account for any users' behavior. It does not. Especially not for the kind of egregious reasons they're stating.


> this is a good thing, as the state has a monopoly on use of force

i disagree that its a good thing. The threat of a minor altercation from property owners helps maintain stability (emphasis on minor).

And the state having a monopoly on violence changes the dynamic of property, where the government can take whatever it wants from me (even my children) if they want to dream up a reason.


>And the state having a monopoly on violence changes the dynamic of property, where the government can take whatever it wants from me (even my children) if they want to dream up a reason.

On the other hand, without the state having a monopoly on violence, anyone has the right to take whatever they want from you, given sufficient force.


Since when has BLM or antifa been held accountable for anything? BLM alone murdered over 30 policemen and several civilians. They pulled a dead body out of one of the burned out buildings in Minneapolis after the violent left-wing riots there. Antifa murdered 9 in Dayton and injured over 20 others, they stormed multiple government buildings and attacked government officials and police. Who is held accountable for promoting violence against ICE, disclosing the home addresses of the police and shooting at their facilities?


I'll try to be mature about my response to this too.

Blaming BLM for the acts of individuals is tantamount to blaming the right for the acts of people who organized in private groups on a public platform. Both sides will claim that the other has stoked fear, hate, and division to various degrees in a myriad of ways. I tend to agree with both, but I also realize that the people really responsible are likely at the top of a chain that laypeople can't even perceive.

If we're to undo the damage that Russia has done to this country I think it starts in that understanding. Then and only then do we have armor to fight a nation hell bent on destroying things like ethos.


If you go on Facebook and say "Hey, I'm going to go shoot up a school on twitch tomorrow", then Twitch can ban you. Previously, it was unclear that this was bannable because it didn't occur on site.

Phrasing this as an argument against "Cancel Culture" is the ultimate moral hand-wringing. There is nothing even closely resembling what you're talking about in this change. This is no slippery slope. This is just the obvious result of people realizing that the internet is real life.


Thank God Twitch is stopping people from livestreaming how they shoot up a school. It's not like we have mechanisms that work to actually prevent those events in the first place. We really need internet mob justice to provide a non-solution to this already-solved problem.


It's plain and simple: nobody is willing to give you a tribune for a risky public speech on their large, multi-tenant, money-generating property. They don't want the bad PR fallout. Not because they are moralistic; they care about their profits. It's the public who is moralistic, and even a small but vocal group can do a lot of damage to a company image, with a silent / tepid support from the bulk of the public. Don't expect commercial entities to fight for your First Amendment rights; they exist to earn money, and have a ton of honest warnings in their ToS.

If you want to say something that annoys the public, something pushing the frame of the Overton window, write a blog. Run a mailing list. Run a Mastodon instance. Run a private invite-only telegram chat.

And for communicating with your auntie, you don't need a public platform; use an IM. Use Signal if you discuss something that leads to instant deplatforming on Twitter.

Leave Twitch to dancing kids, or whatever is all the rage there now. Leave Facebook to vacation photos and discussing technology, arts, or hobbies. Leave Twitter altogether, or at least go read-only.


I believe you have just succinctly described what is known as a "chilling effect" on speech.

Historically in this country, we've tried hard to prevent that.


> Historically in this country, we've tried hard to prevent that.

It's astounding to me that anyone believes this. American puritanism has always had an incredibly censorious streak.

Go tell this to any gay/bisexual person not living in a large city, even today. Cancel Culture isn't even close to new. Millions and millions of Americans still live entire lives pretending to have roommates instead of partners. Teachers are still fired for being gay; in the 90s, every gay teacher I knew lived in TREMENDOUS fear. Even in cities. One male elementary teacher I know lived celibate for over two decades because he feared that being outed would definitely leave him destitute and could even eventually land him in jail. He worked in a very liberal big city. Teenagers are still routinely kicked out of home for not being straight. There are still many communities where the key to that raise or promotion is being in the right small group at the right church.

Cancel Culture is not new, and historical examples of it have been far more damaging that losing access to a streaming site. What is new is conservatives finding themselves as a permanent numerical and therefore economic minority. And it's infuriating to them because suddenly the "free market" mechanisms that used to protect them as a numerical and especially economic majority are instead turning against them, even as they hold onto political power, because the market doesn't care about gerrymandering.

I'm not going to hire homophobes because I don't want to work with people who hate me. Is that cancel culture? I don't care. Fucking sue me.

The characterization of Cancel Culture as a "new thing" is beyond infuriating. If you want to roll back Cancel Culture, maybe start by realizing that it's not even close to a new thing.


> or if the perpetrator was not a user when they committed the acts.

if this becomes more widespread, this is one of the most chilling aspects. I don't think it takes much imagination at all for anyone to consider a future where something you said today that is totally acceptable by today's standards keeps you from participating in some aspect of society* in 10 to 20 years time. Think about how many public figures have been canceled for things they did that were socially acceptable 10 to 20 years ago. Now imagine tooling being developed that scans your entire social media existence for the past 10 to 20 years and then throws an automated exception saying that you can't register. Then imagine that you have no recourse because there is no due process and practically non-existent Google quality customer service.

* any sufficiently pervasive social network is a significant aspect of society


I was having this exact conversation with a friend the other day. To engage in any form of (even remotely) political discourse on the internet is to step into a landmine once you consider the 20-year horizon. People are now being fired for things they said as teenagers [1], and while I am all for anti-racism and inclusiveness, have we forgotten that people grow and change with time? That we are products of our society and those societies often imbibe us with some blind spots that we later come to recognize?

The only way I can see out of this displaced and performative moralism is to not attach your name to anything that could be considered even remotely problematic in the future.

To get rid of old tweets, FB posts, anyone reading this might want to try the Jumbo app [2].

[1] https://www.nytimes.com/2021/03/18/business/media/teen-vogue... [2] https://apps.apple.com/ca/app/jumbo-privacy-security/id14540...


> those societies often imbibe us with some blind spots that we later come to recognize?

It's not just blind spots you recognize and correct. There are societies in history like the USSR, the DDR, North Korea, etc., where those with dissenting views weren't the ones with the blind spots, but that it was society itself that developed blind spots and punished those that did not go along with those blind spots.


I think it's kinda fascinating to see the things that powerful public figures thought they could get away with.

There's a Hollywood bigwig in trouble these days for doing pretty much what Marco Pierre White did to Gordon Ramsay when Ramsay was an apprentice. In other words, they both violently threw stuff at people in fits of hysterical rage.

If I did that, they'd lock me up. Try being in a rage and throwing stuff at a cop, or perhaps a judge in court. Context seems to matter here: but the question is, should a brilliant chef in the brigade system, or a powerful Hollywood executive, GET to physically attack people? When a regular person does not get to commit assault as just a random everyday thing?

What's making it weird is, we're more or less talking about rule of law, but nobody appointed Twitch a government. But by the same token, if you're on Twitch's property, it seems like they've got a right to apply their own rules.

Folks seem to want to force something like Twitch to also have courts, and treat people innocent unless proven guilty. We expect this of governments because they're so powerful, but a private residence might have a great deal more freedom for the occupant to apply their own rules on their property.

Castle doctrine for Twitch? Do they get to blackball you and ruin your social media life if you're on their property and they think you've done something horrible? Do they get to share their information with other private entities, can you be permanently shunned because one entity got mad at you?


>Private companies now own most of the highways we use for speech, much less widespread speech.

The highway is the one thing they do not own. They own exits on the highway. But no one is stopping anyone from sending emails. Or setting up their own website and messaging service. It is easier and cheaper today to to connect with others and express yourself without the need for private companies than it has ever been in the history of mankind.


>But no one is stopping anyone from sending emails. Or setting up their own website and messaging service.

Parler was literally kicked off of AWS and Twillio.


Parler was funded by a billionaire. They did not need to depend on someone else's computers (AWS and Twilio). They could have hosted things themselves and reached their audience.

The highway is people typing parler.com in their browser, which was never interrupted. Parler could have made their own exit on the highway instead of telling people to take the exit for Amazon or Twilio.

And in the history of the world, this ability to reach everyone in the world was not possible until a couple decades ago.


So at what point do you say that is no longer the case?

1. Moderators of groups on social networks have no obligation to let you speak in a space they control. If you want to fully exercise your right to free speech, you must make your own group.

2. Social network companies have no obligation to let you speak in a space they control. If you want to fully exercise your right to free speech, you must build your own social network.

3. Datacenter as a service companies have no obligation to let you speak in a space they control. If you want to fully exercise your right to free speech, you must build your own datacenter.

4. ICANN has no obligation to let you speak in a space they control. If you want to fully exercise your right to free speech, you must make your own internet.

5. Payment processors have no obligation to let you speak in a space they control. If you want to fully exercise your right to free speech, you must make your own financial system.

6. A country no obligation to let you speak in a space it controls. If you want to fully exercise your right to free speech, you must make your own country.

I personally think 1 is obviously fine, it starts getting slightly iffy at 2, quite sketchy and worrying at 3, and 4 is where major alarm bells start ringing. Do you agree that it goes from fine at 1 to a major problem at 6, and merely disagree on where exactly on the road between 1 and 6 we should push back, or do you think 6 is perfectly fine?


#4 is a problem. ICANN should be like a utility (and as far as I know, it sort of is for now).

#5 is also a problem, although I believe this should also be a utility. Although, as I understand the Fed is coming out with their own thing soon, but I don’t know if it will be treated as a utility.

#6 is, of course, way far gone.

#1 to #3 are the domain of private enterprises, but at #4 it becomes infrastructure like roads, water, gas, etc and you can’t feasibly have more than one so it should be treated as a utility.


Alright, fair enough. AWS pitches itself as basically a utility, and so treating it as a utility when it's convenient for Amazon and as a fully private service when it's not strikes me as sketchy, but yeah that's more a complaint about Amazon's deceptive advertising than anything else.

If it really stops at 3 that's probably fine -- we'll see some new IAAS providers that accept money in exchange for not taking down content that is legal but some people don't like, the would-be censors will get mad but not be able to do anything about it, and that will be that. However, I expect that what will actually happen is the next social media site that is considered problematic and can't be cut off at the IAAS level because it self-hosts will be blocked off at either the DNS level or the payment processor level. Hopefully I'm wrong. Time will tell.


> Parler was literally kicked off of AWS and Twillio.

Right, because AWS is literally the only way to host a website, and Twilio is literally the only way to send emails.


> It is easier and cheaper today to to connect with others and express yourself without the need for private companies than it has ever been in the history of mankind.

I'm glad you feel secure enough to say that out loud, and maybe from some perspective you are technically correct. But the comparison you gave about email is easily refutable. Most email traffic is controlled by large providers, large providers which can denylist your mail servers for a myriad of vague reasoning which take forever to scrub yourself from. Given that major mail providers now regularly sniff your emails as a feature, your privacy now comes at a premium. In other words, privacy is a feature and a premium one at that.

So, while the future is not certain to be what I imagine it can be from this point, it's certainly not open and free as you've asserted.


>Most email traffic is controlled by large providers, large providers which can denylist your mail servers for a myriad of vague reasoning which take forever to scrub yourself from.

Most people choose to use email controlled by large providers. I choose to pay a company for my email needs. Others have that choice too. They can also choose not to use the large providers. It's open and free as in speech (excluding illegal activities of course), but it's not effortless and not free as in beer.

I don't see how much more open and free (as in speech) it can get without taking away someone else's ability to do what they want with their computer.


>I don't see how much more open and free (as in speech) it can get without taking away someone else's ability to do what they want with their computer.

Do you understand why some of us are viewing this problem through an anti-trust or public utility lens now?

In other words, "I don't understand how much more open and free (as in electricity) it can get without taking away someone else's ability to do what they want with their power plant."

It's really, really unfortunate that this debate was triggered for what are at their base partisan political reasons. Because this is a debate we should have had with cooler heads, about what these services actually represent for human society and how government should interact with this technology. Instead, everyone is drawing a line in the sand based on their politics (not saying you are doing this, but others clearly are).

And look, yeah, I get it. "Electricity" is not "speech". But when you need electricity and you need computers to transmit speech in the modern era ... well I guess I just see it as six of one and a half dozen of the other.


>Do you understand why some of us are viewing this problem through an anti-trust or public utility lens now?

I'm also viewing it through a public utility lens. But Amazon's computers and Twilio's computers are not public utilities. The network (internet) is a public utility. I would say DNS and ICANN is a public utility also. Electrical power lines are a public utility. Roads are a public utility. But those are the components that are not feasible to duplicate, servers and data centers are.


>> This new stage of American moralism is pretty tiring no matter what group or direction it comes from. I can't imagine staying in this country much longer.

Ok but where you would go where it's better? I do empathize as a born + raised american citizen, however, seeing how other countries have handled the pandemic -- I am more tentative versus [ideally] excited.


It seems like that the companies are trying to avoid the lawsuit. Let say our freedom of speech is X. In tradition, we have X<LAW. Right now, we get X<COMPANY<COMPANY<...<LAW which would definitely narrow down when the company chain increases.


America has changed a lot, used to be whether you were on the left or the right, you were radically pro-free speech because bad speech needs to be exposed. Somehow it's turned to "we need to censor bad speech" which is a dangerous cultural turn.

If you support it because it hurts your political enemies, maybe you will be the political enemy in 5 or 10 years, and you will have no recourse


It's strange to see a company that once prided itself on active engagement with its users to find product-market fit antagonize its content creators so much. And as a user, it gives me the perception that the platform is just plainly unfair. (Plus the platform is unusable without Adblock).

Top streamers have been banned or lost partnerships for playing their own music[0], stating controversial political opinions[1][2], getting trolled by users who "snipe" streamers and shout vulgarities, or just accidentally showing movie clips with nudity [3]. From what I gather, the ban appeal process is byzantine and is heavily biased towards inaction. Oftentimes appeals are never even considered, or partnership staff plainly doesn't respond.

The upsetting part is Twitch is such a great platform technology wise, and its competitors can't seem to recreate the same magic. I guess we're stuck with lousy moderation until the streaming fad dies down.

[0] https://www.sportskeeda.com/esports/twitch-reportedly-suspen...

[1] https://dotesports.com/streaming/news/hasanabi-banned-from-t...

[2] https://win.gg/news/5496/destiny-loses-twitch-partnership-fo...

[3] https://www.ginx.tv/en/twitch/vinesauce-banned-on-twitch-ove...


First link: DMCA problems, this is super common but Twitch is reacting to a very poorly written law. Second link: Someone got in trouble for saying "America Deserved 9/11" which is a bit beyond a controversial political opinion. Third link: Person advocated that people start shooting protestors, a literal call for violence once again beyond a controversial political opinion. Fourth Link: Played a game (not a movie) that included nudity. Twitch has pretty clear policy on that and while it wasn't intentional on the streamers part, not allowing nudity is a pretty standard thing.

None of your links back up the idea that Twitch is cracking down on free speech.


> Fourth Link: Played a game (not a movie) that included nudity. Twitch has pretty clear policy on that and while it wasn't intentional on the streamers part, not allowing nudity is a pretty standard thing.

From the link:

>> According to Twitch rules, nudity and sexual content are allowed if they are originally part of the game, but not if the game is modded to include sexually explicit material.

>> In this case, the original Blade Runner game has been modified to add some elements from Blade Runner 2049, including the famous hologram girl scene.

You could call that a "clear" policy, but it's also self-evidently insane. The problem isn't that there was nudity. The problem is that someone modified the game. Of course, that's also allowed.


So the problem is here you'll never be able to write the rule in a way that won't apply arbitrarily at least some of the time. Looking at that rule I'm guessing they wanted to disallow sex and nudity mods in games, which is pretty reasonable.

It's easy to say that Twitch should be more flexible with these things, distinguishing something like this example from a more pornographic mod, but putting more power in the hands of the individuals applying the rules will make things feel more arbitrary not less since different moderators will have different standards for when something goes too far. If you want there to be a clear rule so people know what they can or cannot do, then that means it's going to come off as overly ruthless in situations like this.


I think part of the problem is how inconsistent twitch is. eg some people have been banned for accidentally showing nudity in movies/games/websites. Whereas other people who stripped naked on twitch to advertise their OnlyFans account just get 72 hour suspensions


> Someone got in trouble for saying "America Deserved 9/11" which is a bit beyond a controversial political opinion.

Why do you say that? I would definitely file that under controversial political opinion. That opinion isn't calling for another one, or saying that the individuals killed deserved it.

Especially because he's saying it out of disappointment, not anger.


It's a difficult point, because it's very hard to say that without basically implying the people deserved to die. I disagree that it's not saying that.

"The perpetrators' motives were rational, based on America's policies and actions" is one thing (which I happen to agree with), but anytime you start indirectly justifying civilian massacres, it's a slippery slope. "America" isn't just the government but also the set of people living in the country.

Did Japan deserve the nuclear bombings, and did post-defeat Germany deserve ransacking and worse? On one hand, of course the leadership deserved severe reprisal, and their governments and forces did even worse things when taken in total, but if you're a person on the ground seeing civilians brutalized and killed, "desert" becomes a much more flawed notion.

An example for watchers of Attack on Titan, without spoiling anything: did [X] deserve [Y]?

So, I probably agree with that Twitch streamer's sentiment, but I disagree with the way they said it and I understand why Twitch suspended them.


And all that nuance puts it overwhelmingly into opinion territory!


I never said this is a free speech issue; Twitch is a private platform so they can do whatever they please. My concern is that the quality of the platform is going downhill because Twitch's response to everything is the ban button. For repeat offenders, I understand banning, but as far as I know, they don't even have a warning system in place. (Their ban policies are also wildly inconsistent when it comes to ban lengths).

In my view, this just leads to overall lower quality content on the platform. Creators can't risk or innovate because their entire livelihoods at are at the whim of a temperamental moderator.


I dunno, if someone is calling for their political enemies to be shot, I don’t think they deserve a warning. That is so clearly beyond the acceptable pale that one shouldn’t need a warning that such behavior is unacceptable. To pretend otherwise is to infantilise streamers and pretend that they’re utterly incapable of telling right from wrong.


Why would they need a warning system other than their TOU?


To be clear, the controversial political opinions you believe should be platformed by Twitch are:

"If that means white redneck militia dudes mowing down dipshit protesters that think they can torch buildings at 10 PM, at this point they have my fucking blessing."

and

"America Deserved 9/11"?

Because those are the literal quotes from things that got people pulled from Twitch and you've labelled "controversial political opinions." I'm sorry, but suggesting that we unilaterally kill innocent people or that innocent people deserved to be killed by terrorists is absolutely beyond the pale and should result in consequences like losing partnerships or facing suspensions.


I'm old enough to remember when "gay people are all pedophiles" was the mainstream position given by the New York Times. It was utterly unacceptable to endorse such perverts.

I'm not so old to remember the arguments about how women are too emotional to be allowed to vote, or the ones about black people, but it was pretty unacceptable to come out in defense of either of those groups either.

Why in the world would I believe censorship is only going to squash the sort of stuff you list, when there's such a long history of it being used to oppress anyone who thinks they deserve the same rights as the rest of us?

Are we going to ban any pro-abortion discussions, because "suggesting we kill innocent people" is absolutely beyond the pale? Do you really think there aren't millions of people in the US drooling at that sort of censorship opportunity?


I think you are correct in that these tools will undoubtedly be used against progressive folks and minorities, as that's historically where they've been used.

I believe that Twitch has too much power/authority, but also I believe that it's reasonable to moderate speech in communities and platforms.

That said, I believe there's a material difference between examples and what was shared in the parent comment. I don't think one can generalize from "speech calling for violence should be removed from Twitch" to "all unpopular opinions will be suppressed". Yes, it was unpopular (and career limiting) to stand up for LGTBQ+ folks, and those voices rarely got mainstream airtime. Suppressing those voices was wrong, but totally different than prohibiting endorsements of mass violence.

I believe we, culturally, can evaluate the difference between "I think gay folks should have equal rights" and "America deserved 9/11" and understand why we should be open to the former and cautious about the latter.


Both "I think gay folks should have equal rights" and "America deserved 9/11" are fundamentally statements about ethics, and neither is calling for violence.


Yes, that's very true.

The second statement though, was a blatant call to violence (if white redneck militia dudes...), and the author did not get banned from twitch, instead they were simply limited in their monetization options.

But "America deserved 9/11" was an ethical statement, you're right.


It most definitely is not, especially if you take the surrounding text, rather than the cherry picked except.


I watched the stream live, and instantly unsubscribed from Destiny's youtube channel.

Saying that you feel like the situation allows for lethal violence to be used and that you would bless it is certainly, without a doubt, inciting violence.


No, the second statement isn’t a call to violence.

> "If that means white redneck militia dudes mowing down dipshit protesters that think they can torch buildings at 10 PM, at this point they have my fucking blessing."

This is clearly not a call to violence: it’s an approval of people intervening in serial arson, even if that means using force against the arsonists and lamenting that the state has failed to stop the serial arson, so it may fall to a militia. You can tell that by “if [...], at this point they have my fucking blessing” rather than any call to action.

Approving of militias using force to stop serial arsonists when the state has failed to keep the peace is an ethical statement — and one much tamer than “America deserved 9/11”. Most people believe that people have the right to protect themselves when the state fails to maintain peace.

I suspect you’re being uncharitable because you personally support the arsonists’ crime spree.

What specific violent act do you believe that quote calls for?


> What specific violent act do you believe that quote calls for?

> "mowing down dipshit protesters"

... it says it right on the tin.

> I suspect you’re being uncharitable because you personally support the arsonists’ crime spree.

We don't shoot criminals, dude. Even if you thought there were arsonists out there, you don't just invite random people to come and shoot them.


> We don't shoot criminals, dude.

Sure we do — when society breaks down and the police can no longer maintain peace. As happened in a number of US cities this past year, when police were helpless in the face of Democrat-endorsed arsonists. Apparently, the speaker was from one of these cities that suffered from frequent, organized arson.

Regardless, we’re clearly having an ethical argument: there’s no call to violence.

> "mowing down dipshit protesters"

Your example is clearly not a call to action, it’s an example of an act the speaker would approve of if it happened — which is an ethical statement.

The speaker is not saying people should or asking people to mow down protestors: just that they’re okay with militias shooting arson gangs if that’s what’s required to stop their serial arson attacks.


> it’s an example of an act the speaker would approve of if it happened

Oh, will no one rid me of this meddlesome priest!

I've probably engaged way past where I should, as you aren't here to discuss calmly and rationally, but what you describe is an extremely common rhetorical technique. The streamer all but said, "will no one rid me off these meddlesome protestors?"


> The streamer all but said, "will no one rid me off these meddlesome protestors?"

On the contrary, they made a clearly ethical statement you’re trying to misportray, in a way which defames the speaker.

You say “calmly and rationally”: I’ve talked about the structure of the comment and the societal breakdown/violence in which it occurred — have you?

I think understanding the violence the speaker experienced from serial arsonists is important to understanding why they’d give an exasperated endorsement of violence to resolve the situation.

> The streamer all but said, "will no one rid me off these meddlesome protestors?"

No, they didn’t — you’re just emotionally and irrationally misinterpreting them.

Since you want to talk about rhetorical techniques: defaming people with false accusations is much more common than veiled orders.


"Mowing down" doesn't mean anything except mass murder, generally using fully automatic firearms. We both know this.

This is Destiny saying that if it takes someone committing mass murder to stop property damage, it is justified. There's no two ways about it.

Whether it is tamer or not than "America deserved 9/11" is a matter of opinion, I won't pronounce myself on it but I totally understand that opinion. It is categorically true that while "America deserved 9/11" is a statement of ethics, saying that you personally bless mass murder to prevent property destruction is incitement of violence.


The 9/11 attack was a mass murder event.

Saying “America deserved 9/11” and “I’m okay with arsonists being killed by militias when the police can no longer maintain the peace” are both moral statements about mass casualty events — but neither is a call to commit a violent act.

> “if it takes someone committing mass murder to stop [serial arsonist gangs, when the police fail to stop them], it is justified”

This is clearly a statement of personal ethics — it’s discussing the cases in which the speaker believes violence is just, not calling for specific acts of violence.

I think you know that.


[flagged]


Please don't perpetuate flamewars on HN. It's not what this site is for.

https://news.ycombinator.com/newsguidelines.html


[flagged]


We've banned this account for repeatedly breaking the site guidelines and ignoring our requests to stop.

Please don't create accounts to do that with.

https://news.ycombinator.com/newsguidelines.html


What specific guideline did these comments break?

I believe that you censoring in support of defamation (knowingly false claims an ethical statement is incitement) may incur liability for HN. Incitement has a specific legal meaning (which this is not).

You seem to be directly supporting defamation on your platform, as an administrator.


The personal attacks in your GP comment, for example, broke the guidelines egregiously. That should be obvious!

If you want specific examples you could start with "Be kind" and "Assume good faith".


There have been multiple calls for violence against the police and against ICE coming from the left. Hacker News played a role in disclosing the home addresses of ICE employees shortly before a sniper shot through the windows of one of the locations at the address. Go read the stuff the John Brown Gun club is putting out.


Do you have a source of someone that made calls for violence against the police, was reported, and wasn't banned for it on Twitch or Hacker News?


These sorts of arguments always fall a bit flat with me for one simple reason: They assume a false causality. Our forbearance doesn't force others to reciprocate. If we try to stop people from encouraging the mass murder of protesters, sure, some people will look for ways to censor other ideas that I support. But if we don't oppose pro-murder propaganda, those people will still look for ways to censor ideas I support. When homophobia was the mainstream opinion, gay perspectives were commonly censored (in the sense we're talking about here of "powerful private parties not wanting to associate with them"). It seems pretty unrealistic to expect reciprocal generosity from someone who thinks protesters should be killed in the street, so I don't see how an argument based on ideas of "What if they did it to you?" could be persuasive.


> But if we don't oppose pro-murder propaganda, those people will still look for ways to censor ideas I support.

I can expand on this if you're really curious. The short version is that I don't think it's realistic to expect reciprocal generosity from a party that clearly has a double standard about what is and isn't censorship. But on the other hand, we can make a choice not to literally hand that party ammunition for their arguments.

We know that laws around censorship are disproportionately targeted at minority/oppressed communities. We have over 100 years of history demonstrating that fact, from the draft protests, to McCarthyism, to the mass-deplatforming and threatening of the LGBTQ+ community, to moral panics about satan worshiping and sex in mainstream media. We also know the arguments that those people use to try and further their agendas.

They will still use those arguments even if we have Free Speech principles. The difference is that neutral observers will be able to tell that they're being hypocritical. The difference is that they'll have fewer laws on the books that they can quickly repurpose to their agenda.

When you know what someone's strategy is to attack you, when you know how Republicans are going to try and disrupt protests and attack critics, you don't play into that strategy. You try to set up an environment that is hostile to their talking points. That's how Free Speech advocacy responds to bigots -- it tries to make a general social environment where, for example, the recent Florida laws trying to shut down protests look unusual and bad and repressive even to casual observers who haven't researched the issues.

We don't expect racists and homophobes to play fair, that's why we're building a set of laws and social standards that make it harder for them to argue that it's OK to pull funding from schools that teach critical race theory. These people are better at censoring than you are; if you let them set all of the rules of engagement, then they will win.

----

The opposite is also true. Free Speech and Free Association are more helpful to progressive organizations than they are to regressive movements, because most of the time regressive movements are trying to shut down conversation and to stop social evolution. You can see this happening with critical race theory, you can see this happening with BLM protests, you can see it pop up with recent efforts to restrict counseling and support structures for LGBTQ+ youth. You can even see it with how much Conservatives have freaked out over company statements on voting rights and business decisions not to work with states that pass regressive laws. Regressive movements talk a big game about Free Speech, but so much of their ideology depends on nobody questioning the status quo of how we think about race, gender, and inequality, and on punishing and ostracizing anyone in their communities that listens to critics or evolves their views over time.

Sure, they'll use Free Speech to try and argue against Freedom of Association or to claim that they're being oppressed because a football player had the "audacity" to talk about race in a public setting, but they're not particularly good at that kind of rhetoric. The arguments are ultimately unpersuasive and it's relatively easy to point out how they're being hypocritical. So by creating an environment that is Free Speech friendly, not only do we make their ideas about oppression less persuasive and harder to implement -- we also play to our strengths. We create an environment where it is easier to educate people about issues like trans liberation and to showcase the radical inequalities that exist in America. I don't think it's an accident that LGBTQ+ rights have progressed faster than other historical pushes for equality in an environment where it's easier than ever before to share information about people's day-to-day struggles and experiences. So much of regressive ideology relies on people being able to block out progressive movements and to filter/mischaracterize what progressive movements say.

----

So long story short, TLDR regressive/bigoted movements do abuse Free Speech to defend themselves, but it's mostly rhetoric. They are more reliant on censorship than on a free flow of information to further their goals. To the extent that they really care about Free Speech, they're mostly just arguing to get rid of Freedom of Association and to force people to stop criticizing them or kicking them out of privately owned spaces.

So when we build societies that are resistant to censorship, we're not saying that those people will play along and respect our rules. And we do accept that on the tail-end of certain movements (esp conspiracy theories), Free Speech does genuinely make our job harder. But what we're trying to do is to create a battlefield for progressivism that (overall) plays to our strengths and exploits their weaknesses.


By the same argument, you'd cheat and steal from literally anyone you could get away with cheating and stealing from. Because not doing it to them doesn't stop them from doing it to you.

But this isn't really how it works. Forebearance actually does have value because it changes society as a whole, shifts expectations at a broad scale, and creates moral authority to demand better from others which is persuasive and powerful.

At the end of the day, what kind of society do you want to live in? Will you contribute to making that society, or not?


I think you have drastically misunderstood my argument.

To use your analogy, let's say Bob is constantly stealing from you. You urgently need some essentials, and you say, "I know, I can steal them from Bob." But somebody stops you and says, "Wait, you don't want to do that! If you steal from Bob, he'll steal from you!" You would probably not find this persuasive, because you know Bob will steal from you regardless. There probably are good arguments you can make against stealing from Bob, but that particular one doesn't jibe with reality.


Let's say your spouse is constantly criticizing you. You feel frustrated, so you criticize them as well. Someone stops you and says, "Wait, you should criticize them less. Then they'll feel less frustrated and might also criticize you less." And you can, and do, and with some decent faith on both sides you can de-escalate. This is basically marriage counseling. This is how relationships improve.

You're framing this as a simple prisoner's dilemma problem with sharp-edged binary choices - but it's much more fluid than that in real life.

The fluidity non-binaryness of this is even more apparent given it's millions of people we're talking about, over time lasting generations.

If life really was a prisoner dilemma cooperation would be impossible.


We only have freedom of speech because the laws are stark and absolute.

Where's our freedom of privacy?

If we stop being freedom of speech absolutists, I can already tell you what's going to happen.

edit: I do not for the life of me understand why someone would downvote this. The opposite of freedom of speech is fascism, and it is a tool that can be employed by any ideology to oppress and impose.


Your second quote should be no more or less controversial than saying that any of the countries the US invaded afterward also deserved those invasions. 9/11 was, in part, blowback from previous American foreign policy.

Interpreting that as saying that people deserve to be killed by terrorists is 1. confusing a country as a whole with its citizens as individuals and 2. an unrealistically literal interpretation of clear hyperbole. Interpreting common hyperbole literally is just as problematic as taking hyperbole to excess.


I think discussions about invasions and attacks, even if they are uncomfortable, is totally reasonable. I'll happily talk with you about why American Imperialism is bad until I'm blue in the face.

I will say, when someone says we should attack civilians because of their government's foreign policy, I will say that crosses a line. It's unacceptable in my view. There's a huge gap between, "We should have uncomfortable discussions" and "those civilians deserved to die".

And on the internet, it's really challenging to say what is hyperbole. Even if it was intended to be hyperbole, which is plausible, maybe it's a charged enough topic that one should choose a different (or more obviously) hyperbolic take.


It's unacceptable in my view.

Mine too, but it's standard rhetoric among a very, very large part (possibly a near-majority) of the US population. Tech companies are fueling that fire by showing that (from that perspective), yes, they really are the paternalistic coastal elites that the other half of the country suspected they were. Leaving aside the many ways in which this weapon of platform banning can be abused by future shifts in power -- Google, Twitter, AWS, and now Twitch are not helping the causes they claim to be helping with prominent bans, they are just building taller walls around the various echo chambers.


By that logic "the use of atomic bombs in WWII was justified" should also be an unacceptable statement. ... I mean, I'm not saying that it shouldn't be unacceptable. Attacking civilians is pretty horrible and uncivilized. But is also is a common thread throughout most notable wars in the last 100 years or so.


Well, yes, these are controversial opinions. If they make you feel uncomfortable, that's fine - controversy does that. If you think anything that makes you feel uncomfortable should be illegal to say, then maybe you just don't care about free speech.


A vocal subset of the people that are uncomfortable are jumping to censorship as a means to solve problems. Both the political left and right do it. They don't want to hear opposing ideas, and they're increasingly trying to tune it out, ban, and delete it.

This is not healthy for a functioning democracy or individual liberty and freedom.

Freedom of speech needs to remain absolute. Encroachments upon our rights endanger us all.

(Honestly, we need freedom of privacy too. I wish we could roll back the clock and install amendments to enshrine these too.)


> If you think anything that makes you feel uncomfortable should be illegal to say...

No one said that. Please don't put words in my mouth.

> yes, these are controversial opinions

That's a bit like calling a ghost pepper a "a bit spicy" and then when someone dislikes eating a whole one raw saying, "maybe you don't care for food with flavor?"


The full quote from Destiny—a liberal anti-racist, mind you—is:

The rioting needs to fucking stop. If that means white redneck militia dudes mowing down dipshit protesters that think they can torch buildings at 10 PM, at this point they have my fucking blessing. Holy shit, this shit needs to stop. It needed to stop a long time ago.

To the rest of us, he is expressing exacerbation that law enforcement is allowing chaos from one particular political faction.

If you do believe in good faith that Destiny is actually "suggesting that we unilaterally kill innocent people", then do you believe that bluechecks on Twitter who freely speak in similar terms about White people are actually advocating for the slaughter/genocide of Whites?


Wait, destiny is banned?


No, iirc then he didn't get banned/temporary suspended for that comment. Twitch only decided to not do any direct business (partnership) with him anymore, so they unpartnered him. That means people can't subscribe to him anymore for a monthly fee and he can also not be tipped with Twitch's virtual tip currency. He also doesn't get any ad revenue split anymore. (And I think twitch is currently not running any ads on unaffiliated/unpartnered streams, not 100% sure about that.)

He can still be tipped through third party services though. (Like streamlabs and streamelements)

He's still allowed to stream, and now without contract, not exclusive anymore so that he also streams on Youtube and Facebook now I think.

I think that is also something they should do with people who just got arrested. Distance yourself from them, but don't ban them. If it's severe enough then they won't be able to go live anymore anyway.


He also runs independent subscriptions and chat on destiny.gg, his custom open-source website. I think his subs might have predated (2013) the general launch of twitch subscriptions (can't find the year), although some partners like day9 had subs on justin.tv as early as 2011.

I'd guess it's one of the reasons he manages to stay afloat despite his regular controversies.


First, Destiny describes himself as a "classical liberal", "hardcore capitalist", and "rule utilitarian." It's important to be specific, because the word "liberal" means different things in different contexts, and it is not always the same meaning as "progressive" or "leftist".

> he is expressing exacerbation that law enforcement is allowing chaos from one particular political faction.

You might read that from his comment, I believe that's one possible reading. Another is that he's encouraging additional chaos, literally calling for folks to be "mowed down" with his blessing.

> do you believe that bluechecks on Twitter who freely speak in similar terms about White people are actually advocating for the slaughter/genocide of Whites?

This is bait. It's also a distraction from the specific Destiny quote that was suspended on Twitch. Don't ask a leading question, state your thesis and provide specific evidence of it (E.g. "Twitch suspensions are applied unevenly for calls of violence, here are cases where the standards were inconsistent....")


> First, Destiny describes himself as a "classical liberal", "hardcore capitalist", and "rule utilitarian." It's important to be specific, because the word "liberal" means different things in different contexts, and it is not always the same meaning as "progressive" or "leftist".

None of the things you mentioned are incompatible with the group Americans call “liberal”. He also describes himself as a social democrat. He could certainly be described as a progressive.

Regarding that quote, here is his side (from https://positions.destiny.gg/docs/ , links omitted):

> In general, I do not support vigilantism. I think Kyle Rittenhouse was clearly misguided in his attempts to cross state borders and should have stayed home. I also think there are steps he could have taken to minimize the risk of him needing to discharge a firearm.

> Of a larger 20+ minute debate with someone, a short 16 second clip was cut to make it sound as though I support violence against Black Lives Matter protesters when this couldn't be further from the truth. I am incredibly heated in this clip, but I am clear when I state that my main frustration is with the few rioters burning down private businesses and the idea that Trump's only path to victory was with continued arson and destruction of privately owned businesses across the US (full conversation in August of 2020 with context part clipped).

> I have always defended the existence of BLM and its purpose, sometimes in front of live audiences as the only liberal member on a panel. (Jesse Lee Peterson panel in October of 2020 | Conversation with call-in defending the existence and effectiveness of BLM's protests | Panel debate in August of 2020 | Support in November of 2018 of Kaepernick kneeling in the NFL | Attacking Dave Rubin's criticisms of Kaepernick's protests in September 2017)

> I've consistently pushed back against "white lives matter" and similar types of irresponsible rhetoric from the right. (Jesse Lee Peterson panel in October of 2020)

> I have continually defended protesting, and even rioting against public institutions while condemning the rioting/looting of private businesses, as I believe the latter feeds into Republican tactics to draw attention away from the overwhelmingly positive protests. (Discussion about Minneapolis protesting/looting in May of 2020 | Debate with conservative/Neo-Nazi(?) Ethan Ralph in June 2020 | Discussion on my stream in September of 2020)

> My specific issue in this debate was that I didn't believe it was morally acceptable to defend rioters destroying private businesses, regardless of their legitimate grievances with the local police. When I think of rioters attacking and destroying private property, I generally support citizens' rights to defend that property. I think back to the Korean-Americans that were defending their property in the '92 LA Riots, the Black Panthers in California defending their communities, or the tragedy of the "Black Wall Street" Tulsa massacre in 1921. I was especially moved by the frustrated, black local business owner who was screaming out in frustration about looters and rioters destroying his business in the '92 LA Riots.

> It's incredibly frustrating that people have intentionally and maliciously misconstrued a 16 second cut from a larger conversation to make it sound as though I don't support the BLM protests or somehow approve of racist white people indiscriminately killing protesters when this is an issue that I have been ruthlessly consistent on throughout the years. I unequivocally support BLM's right to both protest and riot against the public institutions that they view as oppressive. I have not changed or wavered on this stance in years.


Thanks for the additional context.

> None of the things you mentioned are incompatible with the group Americans call “liberal”.

Disagree. In some contexts leftist and liberal are distinct and incompatible things. In American politics, liberal often means 'progressive', but 'classical liberal' is typically associated with libertarianism. That's not to say a classical liberal cannot hold progressive beliefs, but it certainly does not imply they hold progressive beliefs.


I'm not sure why you keep bringing up "leftist", perhaps a parent comment was edited but it looks like you're the only one who has used that term to describe Destiny here and the original characterization of him as an anti-racist liberal is 100% accurate by both the American and polysci usage of the term.


Because I think it's important to clarify -- many people in America use the term "liberals" to mean politically left. I wanted to clarify the poster's usage, did they mean this person was a classical liberal? A colloquial American liberal? The favorite-specter-of-the-Right liberal?


And there is that recent one: Twitch banned the Revision demoparty mid-stream.

We suppose it is related to nudity (there was a few artistic nudes) but we are not even sure.

Thankfully, the orga team was awesome and the CCC came to the rescue. 30 minutes later the stream was back on on a new (and better!) server.

Announcement: https://twitter.com/revision_party/status/137842718551876403...

HN discussion: https://news.ycombinator.com/item?id=26684247


It's because those "creators" are absolutely replaceable - there's no reason not to simply jettison them if there's any issue. There's an army of people willing to try their hand at being a similar "creator", and the vacuum caused by the loss of one of these "creators" is so miniscule people will just watch the next available stream.

The replacement cost is so low and with such low impact, you can save even more money by not spending someone's time to review the appeal.


To verify, the aforementioned "magic" includes a strong network effect / community aspect? Or is the issue that the tech and UI is particularly well-optimized for this use case and if someone else could only get it write it would be easy for streamers to use it instead?


>It's strange to see a company that once prided itself ...

Twitch is an Amazon property now.

All prior impressions are now moot.


[flagged]


I think it’s a bit of a disingenuous example because Hasan has enjoyed TREMENDOUS success since then as well. Like, I think he got a few day ban (which is nothing long-term if you already have a following) and is now a top streamer in terms of subscribers and viewership.


That's a horrible and toxic thing to say, but thousands of teens on TikTok are saying exactly this and getting insane traction.

Two social networks with very different ways of handling their communities.

edit: My comment was fairly benign. What gives?


> Your 2nd source links to Hasan saying "America deserved 9/11".

Maybe it did.


Flamebait like this will get you banned on HN. We don't care what you're flaming for or against; we care about HN threads not being set on fire, or sent into deeper circles of hell.

No more of this, please.

https://news.ycombinator.com/newsguidelines.html


It's hilarious that in a thread full of people hating on companies for deplatforming people for their opinions, you are getting massively downvoted for voicing your own opinion.

Goes to show that no one really wants "free speech".


Please don't perpetuate tedious, nasty flamewars on HN. It's not what this site is for.

https://news.ycombinator.com/newsguidelines.html


I think you’re confused as to what upvoting and downvoting are for. The voting system is design to lift up comments that provide value to the discussion, and hide comments that don’t. Someone being downvoted doesn’t mean everyone is disagreeing with them, or punishing them for their opinion, rather just recognizing that it doesn’t bring any value to the topic of conversation.


> Someone being downvoted doesn’t mean everyone is disagreeing with them, or punishing them for their opinion

Regardless of what the rules are, in practice this is exactly how upvoting/downvoting works on sites like Reddit and this one. You can't override basic human nature with loose guidelines.


Voting is primarily a way to express that you agree/disagree without adding a redundant comment. Maybe you're thinking of other sites that are indeed intended to be used that way.


> Maybe you're thinking of other sites that are indeed intended to be used that way.

Do you have an example? It also seems probable that HN intended voting to be used that way as well. The intended use case isn't always what users use something for.


I might be wrong about the initial intention, but it's been the norm as long as I can remember, here is a comment from pg in 2008.

http://news.ycombinator.com/item?id=117171


People who don't want free speech are usually the ones complaining about how other people exercise their free speech in ways that counter their own message.

Like voting on comments, for example. That's free speech too.

That said, HN is definitely not anything even remotely resembling a free speech platform, in concept or execution. It's the recruitment platform for Y Combinator, and all decisions are made here to optimize for that.


That's not what HN is optimized for. I can tell you that for sure because it's my job to (attempt to) optimize it and I've posted about this many times over many years:

https://hn.algolia.com/?dateRange=all&page=0&prefix=true&sor...

https://hn.algolia.com/?dateRange=all&page=0&prefix=false&so...


Part of the marketing is that you don’t admit to the actual purpose, or at least that you’re not exposed to that reality.


It's terrible marketing not to admit to one's actual purpose. People can feel that. Also, it would be soul destroying to work at a job that required it. It's much better when your real purpose is aligned with what you say it is, and also with what you actually do. I find that's possible with HN, and it's one thing I like about the job.

It's totally ok if you don't believe me, but if you want to take the time to read the past explanations at https://hn.algolia.com/?dateRange=all&page=0&prefix=false&so..., I'd be super curious to hear what you think is wrong with them. For me the interesting thing about HN is that keeping the community happy—by gratifying curiosity—is the thing that produces value for YC.


Having read through, I think mostly the only clarification I'd offer is that I don't think it's bad or wrong for HN to provide value to YC by way of interest.

I was meaning to say almost exactly, "the way to maximize HN's value to YC is to maximize how interesting it is to the community"... so that when YC (and its companies) need interesting people to solve interesting problems, they're already here. It seems like you agree with that, though you do call it "cynical" and "hard-nosed business" reasoning.

"Marketing" is sometimes treated like a 4 letter word but that's not how I meant it.

"Interesting" however, seems like a very important word (it's mentioned 24 times in those 15 comments)!


You certainly misunderstand the purpose of HN and now it makes your earlier comments much more clear.


Please don't cross into personal attack.


> Goes to show that no one really wants "free speech".

Especially not on HN, where the SV/SJW group think prevail.

Argument I often get is "you are free to voice your opinions and we are free to massively downvote you", well, same happened with 9/11, the US elites have been cunts to the whole world (including to "The People" and still are), they are totally free to be, by then 9/11 came as a big slap in Wall Street America face, maybe they deserved it...


We've asked you many times to stop using HN for ideological battle. Since you've ignored those requests and done even more of it, I've banned this account. If you don't want to be banned, you're welcome to email hn@ycombinator.com and give us reason to believe that you'll follow the rules in the future. They're here: https://news.ycombinator.com/newsguidelines.html.

As for "SJW group think", that sort of generalization is entirely determined by your own priors. The opposite side has different priors and sees HN in exactly the opposite way. Both views are not only imaginary, they're actually the same phenomenon with just one bit flipped.

Lots of examples here: https://news.ycombinator.com/item?id=26148870. Countless other explanations at https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu....


It's a minority (on both sides of the political spectrum) that doesn't want free speech, but they're very vocal about it. It's fascism, regardless of who is doing it.

As long as the country and constitution remain in the "defend to the death your right to say it", we'll be fine.

Diversity of ideas and opinions should be celebrated.


I love how 99% of this thread is HackerNews comments about how free speech must be maintained and blah blah blah cancel culture.

Then those same people are clutching their pearls about "America Deserved 9/11"


Is there any doubt that we've entered the era of approved, or not free speech. 'Severe misconduct' today means racist behaviour, perhaps tomorrow it means support for the NRA, or anti-environmental behaviour. The thought police have finally invaded ever part of society.


If your speech is really valuable you shouldn't depend on the free services of a privately-owned ad-supported company meant for streaming games to propagate it.

Furthermore speech as the forefathers probably meant was people physically going to town squares and talking there.

There is free press, which is what social media is more like, and the owner of a press has the right to decide what he/she will print--the Constitution prevents government interference, not private interference.


Then we need public services for communication to save the world from private dystopia, the same way we have public roads. Every country should set up a free mastodon account and email for every citizen.

Plus i m not sure the principle of Free speech is that limited, speech doesnt count as speech if it cant reach anyone. And giving to a handful of employees the power to shape the messaging of millions is directly affecting democracy itself.


We need public infrastructure for communication that doesn't create conditions where all we do is try to emulate older broadcast media models such as TVs, radio, or newspaper.

This means 25Mbps uncapped IPv6 (no NAT) symmetric bandwidth for everyone and safe harbor laws for individuals and not just corporations. I think at that point centralized services for Internet-based communication become unnecessary, though centralized storage for things like long video posts may still be needed.


We have public radio though, not just public antennas.


Perhaps you'd be interested in HAM radio or public-access TV. I don't see why the answer has to be national.


TV is 20th century. It has to be public the same way that roads are public.


Gatekept by testing and licensure requirements?


> Furthermore speech as the forefathers probably meant was people physically going to town squares and talking there.

Facebook and other such platforms have become a town square of sorts.

This idea that the principles that founding fathers championed, especially the Bill of Rights, should somehow be restricted only to what was possible with the technology of their time is pretty preposterous.


>This idea that the principles that founding fathers championed, especially the Bill of Rights, should somehow be restricted only to what was possible with the technology of their time is pretty preposterous.

This is true, but also, the town squares were public places. Are you suggesting to nationalize Facebook?

Adding to this, maybe the best thing to do is to just fund a public social media site, where constitutional protections apply, and treat that as a virtual town square.


Everyone saying "just build your own lol" is either accidentally or deliberately ignoring network effects and said impact on social media dominance. The government writes legislation, it doesn't build, or build well anyway. This goes 10x for tech platforms, where the US government is beyond incompetent and will remain that way for the foreseeable future.

I would rather suggest something along the lines of this.

At a certain scale (user count), sufficient implicit selection of users and their content revokes section 230 rights. If you start implicitly removing specific viewpoints and topics it's no longer "user-generated content" and is now your content. Of course there have to be provisions for explicit content scope and spam, but that's roughly where I would start.


I think this issue is more nuanced than you (and many other people every time these threads comes up) make it out to be, which is why I brought up this point. Saying "certain scale duh" is just as an empty idea as "just build your own lol".

Can you explicitly tell me how you would codify that scale in law? And whatever you make the cap, what then is the incentive for a website to allow more users over the cap?

> Of course there have to be provisions for explicit content scope and spam

"Of course" they can moderate spam. Can you tell me how to objectively identify spam?

If I have a religious forum, and it passes the user cap, suddenly we have ourselves a public town square. Then someone comes in and starts saying "God isn't real!" several times in literally every thread. Is that spam? Because to me, it looks like an exercise of free speech, so you can't erase those messages. Certainly if someone was repeating that in a public space, we wouldn't silence them. By exceeding the user cap, that site would become a worse experience because you've severely limited moderation abilities by your proposed law.


Sure, let's start with a million and go from there. Why would they want to go bigger? Money, that's why.

If someone was repeating that in a public space, we probably wouldn't, but if he had a series of megaphones screaming that at everyone, ala spammimg everyone's convos, many societies have laws against just that. Much of law is already using a "reasonable man". Standard, so why not this one?


> Why would they want to go bigger? Money, that's why.

But a big reason behind all of this censorship on private platforms is that companies are trying to appease advertisers and customers downstream. It's already about money, because we're talking about private enterprise. Coca-cola doesn't want an ad appearing next to a comment promoting Nazism on your all-speech-must-be-allowed platform. It seems to me that forcing sites to have any and all content once they reach a certain size would do the opposite of generating revenue.

> If someone was repeating that in a public space, we probably wouldn't, but if he had a series of megaphones screaming that at everyone, ala spammimg everyone's convos, many societies have laws against just that.

This may or may not be legal in the US. But even if it is, I have a hard time imagining how we would define spam on the internet in a way that won't get subjectively abused and bring us halfway back to where we are now anyway.

How about this approach: force companies at the level of ISPs, domain name registrars, payment processors, and maybe cloud providers, to allow any legal content and not censor. That seems like infrastructure that's too hard to build from the ground up. Anything built on top of that, like a website, is free to act how it acts today.


With the way that things go, I won't go as far as to nationalise them, but I'd rather regulate them in ways that maintain said "public squares"

Somewhere in between, communication is far too critical for private monopolies to have a stranglehold over.


> If your speech is really valuable you shouldn't depend on the free services of a privately-owned ad-supported company meant for streaming games to propagate it.

Remember, this announcement is about speech that occurs outside of Twitch entirely. So what you'd really need to argue is that anyone who ever wants to be able to speak freely on their own time shouldn't depend on income from big companies... including, at the rate things are going, even income from minimum wage retail jobs.


So much this. Society is balking at the cession of power from governments to private companies and are all of a sudden upset that private companies don't have to grant them any rights.

If we really want free speech platforms, lobby government to craft spaces for it in the digital age. Instead of muddying public rights in private property, let's just fund more public property (i.e. nationalized social media platform).


> If we really want free speech platforms, lobby government to craft spaces for it in the digital age.

“A government big enough to give you everything you want, is big enough to take everything away.”

I disagree this is a job for government directly. No, I don’t want government socialized Facebook!

I want the government to enforce the spirit of antitrust law. They are ignoring that a competitor to Facebook CAN NOT exist because Facebook will smother or absorb them. I would like government to compel Facebook to use open data standards I can use to take my data to a service that isn’t actively trying to psychologically bleed me daily.

If Google trying hard couldn’t dent Facebook, there is no chance an organic startup will do it. And double extra certain a state run expensive and uninspired clone would do it - not to mention you’d be more wise to trust Facebook with your data than the government directly.


Strong disagree here. Network effects are king here, and social media is a natural mono/oligopoly. Overcoming this requires the construction of a superior and more addictive product, and the incentives just aren't there for such platforms.

The smart move is to hit them with the hammer of regulation here. They can either be the small exclusive club with tight control over their members and their behavior, or the mass market app with minimal control over their userbase.

The alternative is to have the full cyberpunk future, where "I like <wrongthink>" means being cut off from everything. Banks, search, email. We're already seeing the slope, and it's pretty damn slippery.


> Overcoming this requires the construction of a superior and more addictive product, and the incentives just aren't there for such platforms.

Nope. You can have a smaller, simpler substitute if you have comparative advantage in some other niche.

DuckDuckGo is making a decent showing against Google, despite arriving on the scene almost 2 decades later. A handful of righty / unPC social media properties (Gab, Parler, whatever Lindell’s app is called this week, etc) are slowly eating into Facebook/Twitter market share because they promise less moderation.


Didn't said righty social media properties literally have to face existential threats like getting multiple hosting providers drop them?

Moreover, this is only something that's fine if you accept ceding control of the vast majority of communication to private control. I. E, we now get cyberpunk thoughtcrime dystopia.


> if you accept ceding control of the vast majority of communication to private control

When our lifetimes has it not always been this case? Newspapers, television, internet have always been this way (owned by an organization and provided with contractual limitations). Talking face to face in your own home is the only unabridged communication method, even in the USA. I have always found this issue strange that people demand that App Stores, cloud platforms, web hosting, etc must allow any content despite the companies’ freedom of association (and disassociation). We aren’t talking about companies which are covered by Common Carrier laws.

And “existential” doesn’t mean what you think it means. They are rebuilding on different platforms and other substitutes are coming online.


I thought that was the Internet.

Instead of a centralised government backed platform, how about a decentralised platform.

Maybe something like Signal-with-Blog-Posts, with "public" posts hosted on IPFS?


There's no cession of power from governments to corporations; consider the recurrent social media hearings in DC, which as far I can tell are effectively just the bullying of CEOs to censor less/more.

Even this latest Delta, Coca-Cola, etc. seems to be just bullying: https://twitter.com/AmyBeePhoenix/status/1379295393301868546

It's just an upheaval of the elite.


You call it bullying, I call it ineffective posturing and pretending to get things done. Feels to me like a song and dance to placate the voters while not actually doing anything with impact.


We arguably gave up that freedom when governments started forcing people to bake cakes with specific messages.


This is such a bad faith argument. No one is being forced to write specific messages, but merely follow the law. The law that states that to legally do business then the business will not discriminate against certain classes of people — This is not unusual, there are tons of laws a business must follow to stay open.

Protected classes are narrowly defined. You may or may not have an issue with what those protected classes are, but that's a separate argument. The main argument is that businesses must follow the law to stay in business.


> We arguably gave up that freedom when governments started forcing people to bake cakes with specific messages.

Who won that case again?


Just because you (and dozens of others on this site) continue make this argument over and over doesn't mean that it isn't a problem.

Edit: someone built that town square. Someone founded those forums. At the end of the day, someone is always in control of something.


Free speech includes reacting to what someone else has said.

You can make an argument about whether or not people should have thicker skin, but you can't make an argument that people should not be allowed to react to speech without forfeiting the moral concept of freedom of speech.

Someone did build the town square, and if that someone was a private entity, that someone can kick everyone right the heck out of the town square, because it's theirs. If the people of the town want to make that reality different, they should probably band together and purchase the town square and own it collectively, as a government.

If you think Twitch, Twitter, HN or Reddit are such critical infrastructure, then you should lobby your government to purchase them.


They are like a mall. It appears to be a public space. It shares the characterics of one. But at it's heart it is a private space with camera everywhere and eager to throwout those who do not appear to be the norm.

Homeless, poor, young and oddities get removed from malls for being themselves. We're seeing the same online.

Governments don't buy malls. Malls are designed to get you to spend. These sites want you to spend and if you do or don't they will send all of the info they collected about you and sell it to someone else.

We need more hobbiest sites. Government should provide free spaces.


What was this magical era of free speech that people keep referring to?


Probably the era when the entire history of any and all activity you've ever done is logged, photographed and held to standards of when it is viewed, not when it was said or done.


Some time up until people started getting the internet on their phones, roughly. Of course, no definition is perfect.


Before then we had control of most media by a small set of companies (with many fun documented examples of people being blacklisted for going against the owners). Before that we had the Television Code, Comic Code, and so on. Before that we had McCarthyism.

Public and media speech was always moderated. In the past it was simply harder to notice since there were fewer un-moderated channels.


The FCC is an unelected, mostly unaccountable entity. I think George Carlin had some things to say about them. That they have any control over transmission of anything outside of a technical, practical scope is a travesty, imo.

Beyond the hardened strawmen of actual written law, we have a shifting sense of what is publicly acceptable. Given that most people do what everyone else around them is doing, or at least what they believe others are doing, there exists a powerful tool in that to control the public discourse. We've gone from "I disagree with what you say, but I will die to protect your ability to say it," to "I think someone will find this offensive, so I will also find this offensive, despite my not knowing anyone who'd actually be offended by it."

The laws are a harder target, so those who would wish to stifle inconvenient discourse likely would find it easier to convince a mostly pliable, trusting public to not say the things they don't want said. That there still are a small number of companies controlling what a majority of people consume might be convenient to this.

All conjecture, of course. More of the Paul Harvey "If I Were The Devil" kind of thing.


Before people had internet it was ~5 media companies that decided what could be said in public and who could say it. It was hardly as "free" as people imagine.


This was never true. Anyone could stand on the street corner and say anything. Anyone with some spare cash could print up political booklets or flyers and hand them out, and many did.


And you can't do that today?


You can't. Lockdowns.


To be clear, because sports aren't open in most places and a video game streaming website changed their terms of service, there is no longer free speech?

Can you help make sense of your comment, because it seems to be closer to a cult chant than a connected chain of thoughts.


You lost me.


That's a coherent issue if you think that free speech is a purely negative right, which is the traditional liberal position.

However, if you admit this, then you must also admit that Twitch is fully within their rights.

Personally, I believe that the positive right to free speech (subject to exceptions, of course) is much more important, and not up to FAANG to decide.


And when they had internet but before they had it on their phones, you could work around those media companies by saying things online. I believe parent was referring to that period.


And very few people, relatively, were online so you could reach only a small number of people. You can probably still reach just as many people online in unmoderated channels as you could back then.


He did not say "before internet".


Probably the eras when it was feasible to regularly communicate with small groups of people outside of a few highly-centralized platforms.

At this point, there's a credible argument to be made that the Facebook empire is a sort of natural monopoly, like our public utilities. They need to be heavily regulated, split up into regional operators, and/or legislated out of existence.


You can communicate with small groups outside of a few central platforms. Stormfront remains alive. The incels have their own site as well.

You want the ability to communicate with everyone (tweeting is a message to the world) or if you aren't allowed to do that, for nobody to have that ability.


Those are fringe global communities.

I'm talking about how you cannot effectively stay in touch with your neighbors and local community without using Facebook's platforms. People who you see every day, but who may not share all of your views; keeping up with those people is important if we want to heal our society's deep divides.

I've tried, but very few shared interest/volunteer/neighborhood groups will go out of their way to contact the one or two people who don't join their Facebook groups about scheduling or events.

It has nothing to do with racist or misogynist strawmen, but since you mention them, Facebook has done a lot to inflate those groups' ranks.


1984-2001.


From what I can work out, that era ended shortly after the Fairness Doctrine was removed.


Any day before today. Since the US is sliding down the freedom and freedom of the press index's every time they are updated you can always look back at More Freedom.


Companies were already willing to fire you for posting racist stuff before Twitch made this decision.


The word "racism" has become mutable to the point where it has lost all meaning. Who knows what things that aren't considered in the least bit racism today will be considered racist in 10 to 20 years time as institutions that only exist to combat racism keep broadening the scope of what is racist to continue to justify their very existence (i.e. the Shirky Principle).


Yes, but that was when we had an agreed upon definition. Now the definition is so broad it includes mere disagreement.


Posting racist stuff just means you're stupid and the company made a mistake in hiring you.


The issue with this sentiment is that while some things are blatantly racist, there are other things that aren't so black and white. This is one of those slippery slopes where if left unchecked, anything and everything will be considered racist.

Also, you don't have to have good morals or even be intelligent to be good at your job. Some people are fantastic at their job, but are pretty damn "stupid" as you put it.


Examples of people being fired for saying things that "aren't so black and white"?


Damore? Doubly so if you've actually read his report.


Isn't this slippery slope argument technically a logical fallacy? Wouldn't we just not accept the unacceptable change?


Slippery Slope is not necessarily a fallacy because it's a very real phenomenon. My test is examining the "slippery slope" by asking if it instead "establishes a precedent". And then I see how easy it might be to justify going further down such a path based on past justifications.


Fair, I just don't see how my acquiescence to one thing is an endorsement of a distinct, if similar, thing.

I guess I reject the idea that policy (a well considered and debated, long lasting decision) would actually fall for something like a slippery slope.

The proverbial boiled frog just jumps out of the pot when the water gets too hot, in reality.


I appreciate that, and for what it's worth I agree you that slippery slope/establishing a precedent is countered with concrete and well thought out criteria that need to be met.


That the slippery slope is an inevitability is the fallacy, not that it exists. See also "Overton window"


No, because of group dynamics. Once you start un-personing people, you have the in group and the out group. The in-group repeatedly redefines acceptable behavior to exclude some small margin. Repeat and you end up with absurd extremes.


> if left unchecked, anything and everything will be considered racist.

Interesting that you feel that way. It's certainly not something I'm worried about.


We're already way beyond that. I saw someone get fired because their wife tweeted something that wasn't PC 10 years ago and a coworker found it.


You can host nearly anything you want here for a modest fee: https://www.nearlyfreespeech.net/

No one owes you free hosting or access to their audience platform. If you take free shit from someone, expect to be at their mercy. It's really not that complicated or dystopian.


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Free speech isn’t a concept that was invented or defined by the United State’s first amendment. What kind of logic is that? When foreign governments kill dissidents, do you say “don’t worry guys, the first amendment only applies to the US government, so nobody’s right to free speech is getting violated here”.


No.

If you know anything about history, you know that attacks on free speech do not have to start or stop with official government sanction. In Soviet Union it wasn't uncommon for dissidents and their families to be nominally "free", while being unable to find employment, housing or otherwise get basics for operating in the society. It worked through a backstage "reputation" system that begins to look eerily familiar.

And BTW, the driving force behind a lot of free speech suppression in the past wasn't "the government" per se but "the party" that happened to control the government.


> It worked through a backstage "reputation" system that begins to look eerily familiar.

A system that was government driven. Don't try to pretend that decentralized consequences are authoritarian.


Hollywood Blacklists during the Red Scare were a backstage reputation system that kept people from being employable in an industry. There was nothing officially government driven about those blacklists. Lots of it was nod and wink and soft coercion. Merely associating with the "wrong" people was enough to get you blacklisted.


Joseph McCarthy and HUAC weren't the government?

Yes, under threat of government sanction, in violation of their first amendment rights, companies were coerced by the government to blacklist people. It was absolutely government driven. I never said it needed to be official.

Official or not, that's not what we're experiencing today, where republican lawmakers are threatening companies for not doing what they want, and the companies are mostly ignoring them.


Quoting Bertrand Russell's "Free Thought and Official Propaganda" from the 1920s:

>Legal penalties are, however, in the modern world, the least of the obstacles to freedom of thoughts. The two great obstacles are economic penalties and distortion of evidence. It is clear that thought is not free if the profession of certain opinions makes it impossible to earn a living.


>It is clear that thought is not free if the profession of certain opinions makes it impossible to earn a living.

Mind you, that quote has no qualifiers, so by "earn a living," the implication is earn any living, anywhere. Please give an example of someone has been banned from Twitch for opinions which have made it impossible for them to earn any living, anywhere.


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You are talking about the 1st amendment. Free speech is a principle whereas the 1st amendment restricts the government from violating that principle in its relations with the populace.


Right, and it's worth emphasizing that companies do not provide free speech, nor are they required to.

If you want that to change talk to Congress.


Free speech as a principle you’re after (aka truly free speech without any consequences whatsoever) never existed.

You’re free to say whatever you want, and I’m free to take actions based on that. You cannot give free speech benefits only to one side of the argument.


without any consequences

This is a pretty big distraction that is often used in these types of discussions. It's a distortion of what people actually want. The "consequences" being advocated are often just the whims of today's favored group. Giving free speech benefits to only one side of the argument is exactly what people are asking for when they ask for "consequences" -- freedom for A, consequences for B.


Sure, favored groups will get more benefits. But that’s different from free speech. Free speech doesn’t guarantee equality.


After reddit started banning people for upvoting the wrong things, this is a logical next step. Contrary to the popular belief, slippery slope isn't a logical fallacy.

Anonymity is the only way to combat this. Make sure your online identity isn't connected to your real name. Ideally, you should have separate identities for each website. Using Tor or a VPN is also a good idea.


>After reddit started banning people for upvoting the wrong things, this is a logical next step. Contrary to the popular belief, slippery slope isn't a logical fallacy.

People might read this and think that people were banned for upvoting things that were insanely bigoted, or personal attacks.

While I'm sure that was the case, the slope was indeed slippery, and reddit ended up banning people for upvoting posts such as "John Brown did nothing wrong" and "it is justifiable to kill slave-owners".

Moderators that agreed that this was unreasonable then saw their subreddits (some fairly major) banned for advocating violations of reddit policy.

All in order to score PR points and do some both-sidesisms. The actual ethical good didn't matter, it was all PR to Reddit.


> After reddit started banning people for upvoting the wrong things

As a daily reddit user, I wasn't aware of this:

"Users who consistently upvote policy-breaking content within quarantined communities will receive automated warnings, followed by further consequences like a temporary or permanent suspension. We hope this will encourage healthier behavior across these communities."

> Make sure your online identity isn't connected to your real name.

Yeah, well, my userid here, on reddit, twitter, twitch, github.....is my last name, so I guess I'm stuck. (:


My perception of Reddit change radically after I had some comments removed from a popular video game subreddit (from which the larger post was removed).

I expressed a critical opinion on a video game that I, overall, greatly enjoy, but have been feeling increasing frustration over how the developers have been supporting it. The comment certainly wasn't racist, sexist, political, etc. It was simply critical of an aspect of the game that I felt was holding me back from fully enjoying the game.

What made it even worse was my comment was shadow banned. It shows up on my profile. It shows up when I'm logged in. But, it doesn't show up in an incognito tab, it's [removed].

I started noticing this happening in a lot more places. I add a comment that I'd expect would get some sort of reaction (either positive or negative), but it gets nothing. Turns out, these comments were being removed without me be aware.

In the past, content removal would almost always come with an explanation - and that reason was likely clearly justified.


> my comment was shadow banned.

Yup, this is so common I made a site showing where it happens [1]. Prior to this there was no easy way to see what had been removed from your account. Even I as a developer had no idea it was happening for years because (1) mods do sometimes send removal messages, leading me to believe they are always sent, and (2) as you wrote above, removed comments do show up in the thread when you are logged in. Everyone else sees [removed].

[1] https://www.reveddit.com


you can get shadow banned from subs for posting on other subs and its all automatic as well. this I know first hand as I was a regular poster on an antique related sub only to one day find none of my posts getting noticed and the pictures not showing. came to find out they are part of a group of subs which ban people who post on another sub.

reddit has become a real cess pool and its not the users and what they post but the back door rules and such and pettiness among to moderators of many subs


Pretty sure that was a moderator action. If it was /r/games, the mods there don’t seem too interested in informing you when they action your comments or posts. They very very often remove comments because of the «no off-topic discussion» rule, even if it’s literally just one off-topic sentence in a paragraph long comment.


None of the logical fallacies upend an argument, anyway - Especially not a political one. Political discussions aren't logical - They're rhetorical. You can say "Not all sharks bite" and it will not have the slightest effect on my argument against a proposal to stock the local swimming pool with sharks.


I was unaware that mods can see the users who upvote a post. That seams borderline too much power of for a basic reddit moderator.


AFAIK it's admins not mods.


If you want to earn income via Twitch, Patreon, etc., you have to provide your real identity though, no?


> "Twitch said it would rely more heavily on law enforcement in “off-service” cases and is partnering with an investigative law firm to support its internal team."

So if a user becomes noteworthy, expect to have investigative checks periodically done by the agency? What an insane concept -- this is how we end up with corporate governance and unjust punishment without societal review by fiat, without review by our peers.

Consider that Twitch is owned by Amazon. If Amazon were to start doing things like this, suddenly someone so accused can't walk into Whole Foods?


Your point about corporate governance being a generally bad thing is valid, but I don’t think this case is anywhere near that.

A “user” and a “streamer” are two different things. Anyone can create an account and be a viewer who consumes content on Twitch. That’s not the same as being a content creator who draws viewers to the platform and implicitly represents the brand.

You can go scream racist nonsense in the town square and then quietly shop at Whole Foods. But if a Whole Foods employee was found screaming racist nonsense in the town square, Whole Foods might fire them for it, and they are well within their rights to do so.

Obligatory “I know streamers aren’t employees.” Their relationship to Twitch is similar enough to that of an employee that the same logic applies.


It is similar enough that they don't get any benefits for being employee just the responsibility of being employee. What a shit deal.

The idea that any employee is representing the company is dumb in my opinion. The person that cleans Whole Foods toilets should not be considered a representing of the company. The only people that represent the company should be C-suits, VPs and other upper managers, not a mindless drone.

And the concern is not about the guy who is screaming racist nonsense in the town square, it is about who judges what is racist nonsense and what is not.


Regardless if you think this is good or bad one things I think bears pointing out. Twitch banning process has no accountability. They can ban you for however slight or even perceived and for a lot of people it means a loss of their livelihood and they don't have to justify to anyone. And it not very hard to frame it on breaking some deliberately vague rule.

Now I don't think that is much of leap to understand the chilling effect that would have. And you can be okay with that. It all to fight wrongthink anyway. But remember twitch is owned by amazon, a company the is running at the moment a disinformation campaign against its own workers effort to unionize.

So twitch may enforce rules that align with your own beliefs right now, but they are not on anyone's side but their own and if suits them to go against those very same believe there is no one to stop them. I don't really want such a entity presiding over the morality of my life, would you?


> I don't really want such a entity presiding over the morality of my life, would you?

You typing in twitch.com is a choice, you're not forced to watch it or acknowledge its presence. People want Twitch accountability for their bans, and they might succeed, but the reality is that Twitch is currently the biggest gaming livestream platform simply because they already have everything that streamers and viewers want - live chat, monetization, moderation tools, etc. Live streaming is pretty easy to bootstrap with nginx-rtmp (maybe not as easy to turn a profit on[0]), so it's not like there's no way for competition to enter the market. Floatplane.com also does live streaming so they're going to end up as a sizable competitor within then next few years hopefully.

0: https://www.theverge.com/2020/6/22/21299032/microsoft-mixer-...


Right, I’d concede you have a point if it weren’t the entire fucking US Internet hell-bent on doing this.

This comment exists in every thread every time yet another company acquiesces to the new moral police. I’m not personally interested in reimplementing Twitch, Amazon, Twitter, Stripe, email, and a bank.

It is extraordinarily unhealthy for society to completely bifurcate into two mutually exclusive enclaves that ban their political opponents wrongthoughts and seek to destroy the lives of those who transgress. That is the path we are on and it will not end well.


I could never put more eloquently. Chilling effect and slippery slope.


My concern isn’t that a site/platform can ban you for your actions. This is fairly similar to how employers already have the legal right to fire employees/contractors for subjective reasons (eg. Decency clauses). That part is not new.

My worry is that Twitch is owned by Amazon. What happens if what I do something not on any Amazon property, but some Twitch PR decision leads to degraded access on my AWS account or my Amazon shopping account or “Login with Amazon” or “Checkout with Amazon”?

The fact that successful tech companies are collecting+building companies coupled with these “shoot first and maybe ask questions later” policies means there is more risk in using multiple services from one of these monolith companies than from choosing unaffiliated vendors.


Because this is always brought up, I will remark that I believe what the majority of commenters likely mean by free speech is the principle itself, and not the restrictions imposed on the government by the First Amendment. First and foremost, free speech is a moral principle.

Secondly, while private companies can do what they want, that does not mean they should. Private companies like Apple can avoid taxes, yet many here would not say they should. Morals and ethics are often divorced from what the law requires.


> First and foremost, free speech is a moral principle.

Entirely.

But... man I’m not so sure as many people believe this as they should. Can we not ignore that as soon as these tech companies get monopoly status, they close their fists in more every day? Something has to give.

We would (should) not accept that someone with “wrong” views be denied a bank account or to shop at a grocery store. Why does government need to step in and whitelist which services are protected?

When are we going to be honest that none of this is about protecting people, but protecting ideas? The idea my political wedge issue is correct, so I’ll ban anyone that disagrees. The idea that I should be allowed to run a monopoly, eating and smashing any potential competitors?

None of this is about Black Lives or Covid or Elections. That’s the cover to get the thing they really want. Agreement with ideas you have or that keep you in power.


> We would (should) not accept that someone with “wrong” views be denied a bank account or to shop at a grocery store.

Why? I am fine with banks and grocery stores having freedom of association, just as any other business or person should.

Being a KKK member is not a protected class, and discriminating against KKK members in hiring and in the provision of goods or services is entirely in-bounds.


You're fine with preventing KKK members from buying food? You would literally have them starve to death? And you're fine with private corporations making decisions on who has the right to live and who doesn't?

Personally, I value human rights. I think even KKK members have the right to live.


No, I'm fine with any individual who sells food (or any other thing) being able to opt to not do business with anyone they like. That's a big difference from what you claimed.

That's actually already true now (outside of protected classes). Any restaurant can ask KKK members to leave if they so desire. Same with any supermarket.

Any individual proprietor having freedom of association is a long long way from "specific types of customers should be barred from buying food from anyone and should literally starve to death". That's a strawman position that you invented.


How do you draw a line between religion (protected class) and other ideologies/oragnizations/beliefs that you don't want protection for? Where do, eg Scientologists, Pastafarians, and cult members fit? Is it right to be able to exclude Islamists (political ideology) despite them being Muslims (religion)?


The state has already drawn those lines, and does not recognize KKK membership as a religion.

The legal lines for what is or isn't protected are fairly well defined, by people other than me.

My own personal opinions and beliefs on the matter don't count for anything.


I'm interested in what you believe, not what the law says. I think you're using appeal to the law as a way of avoiding having to defend your stated beliefs. If you don't understand what you believe or why, then it's a good chance to think about it enough to make a cohesive statement. Maybe your belief is simply "whatever the law says, I agree". That's fine but also the end of any productive attempt to work out what's right and wrong.


> The state has already drawn those lines,

And surely the state is never one or two elections from redrawing those lines to include you right? That would be impossible right? You have all the “correct” ideas... and I’m sure those KKK spectres don’t think the same damn thing.

You’re right; let’s not be good, just, or ethical to anyone the state doesn’t force us to. ESP when their only crime is thinking the wrong thing. That’s a really good system that would surely never bite the wrong people in the ass.


Large enough quantitative differences create qualitative differences. If your hypothetical KKK member gets banned from a supermarket or two for preaching there, they can still go elsewhere. If your hypothetical KKK member tries preaching at one supermarket, and gets put on an industry-wide blacklist shared by all supermarkets out of an abundance of caution, then that collusion constitutes de facto government despite being administered by "private" companies.

Also keep in mind that in this hypothetical scenario, no grocery store has to ban this KKK member outright to punish the problematic behavior. They can allow them to still shop there while notifying them that any future preaching will be grounds for trespass charges. This is the right solution when the market isn't big enough for meaningful choice between supermarkets.


And to expand...

When Twitch and Facebook and Twitter ban you... well, there is always another supermarket unless there isn’t.


Fortunately there are still millions of different websites and thousands of web hosts.

Being banned from the big and popular ones in the top 20 is at the moment only an inconvenience.


> No, I'm fine with any individual who sells food (or any other thing) being able to opt to not do business with anyone they like ... That's actually already true now (outside of protected classes).

Man, the U.S. is a weird place. In Finland, for example, banks are forced to provide basic banking services to everyone, because access to basic banking services is considered to be more important than freedom of association. (I tried to look up if we have a similar law that prevents grocery stores from blacklisting customers, but I didn't find anything.)

> Any individual proprietor having freedom of association is a long long way from "specific types of customers should be barred from buying food from anyone and should literally starve to death". That's a strawman position that you invented.

In Finland there are 3 large grocery chains. If you were banned from all three, it would be difficult for you to access food. Could you still ask a friend to buy food for you? Sure. Could you still access food by stealing it? Sure. But on a spectrum between "buy food from the supermarket" and "starve to death", this position is closer to the "starve" end of the spectrum.


There are cities in the US with more people in them than all of Finland; I am not sure a direct comparison of the situations makes sense.

When you only have 6 million people in the whole country, a handful of banks, and 3 supermarkets, it might make sense to set the lever differently, although even that is open for some debate.

I think both Finland and the US are weird places. :)


A KKK member could presumably still buy food if banned from a grocery store for preaching hate speech at the grocery store, they would just have to hire someone to do the shopping for them.

In America there is no right to food or shelter so I don't know why this concern is raised in a discussion of free speech?


> In America there is no right to food or shelter

Yes, there definitely is. Food and shelter are vital to life. I seem to recall something about life liberty and happiness in some obscure little read part of the constitution. Let me know if you see it on a re-read.

(Please don’t go off and try and claim that rights are things anyone else has to provide)

Aside from the obvious issues with banning someone from buying food for having the wrong thoughts - which I should just be able to end right there because how insane is that!? - there are points to be made about:

- protected classes and not needing them all enumerated before you are forced to treat people well even if they are mean

- ethically not being a fascist that would block people from buying food for disagreeing with them, and congrats, this is actual fascism

- generally just minding your own fucking business about how wrong someone is and being able to separate even awful beliefs from participation in other aspects of society

- and most importantly not short-sightedly canceling people because tomorrow it might be you that has the unpopular idea, as unbelievable as I’m sure you could find that


> Yes, there definitely is. Food and shelter are vital to life. I seem to recall something about life liberty and happiness in some obscure little read part of the constitution. Let me know if you see it on a re-read.

You are mistaken, and have confused the US declaration of independence (not a legal document, more of a philosophical one) with the US constitution (a binding legal document).

I did a re-read to be sure, as you suggested. I saw it in the declaration, not the constitution.

GP is right, however: you have a right to life, but nowhere in there do you have a right to not be kicked out of grocery stores and restaurants, or to be provided food by any second party.

I think perhaps you should tone down the condescension in your comment. :(


There's no right to life in the constitution, either. If there was, the U.S. would not be able to execute criminals.


The declaration makes the foundational claim that the right to life (et c) is inherent in mankind regardless of the existence or opinions of the state or the written law.

It's a shame the constitution didn't incorporate it by reference, but the declaration clearly claims (philosophical) superiority over the (legal) constitution.

It still doesn't say anything about food vendors. :)


Did you really just state "Please don’t go off and try and claim that rights are things anyone else has to provide" while arguing a supermarket has to provide food and Twitch has to provide a platform to everyone? Huh?

U.S. citizens do not have a right to food.

At first I thought the problem was not understanding the legal system, but your misunderstanding is not even consistent, suggesting your just making things up ad hoc.


Free speech is several principles. One is that you should be free to express yourself. Another is that others should not be able to coerce you into forced speech. Many commenters on HN like to forget that 2nd part because most of their 'solutions" to the first principle violate the 2nd.


There are already narrowly-defined exceptions to the freedom of association in the form of anti-discrimination laws. There is clearly a question of balance to be made.


Indeed. Unfortunately there's no governmental protection in the US of "political discrimination". Political view differences are not a protected class at the moment.


So if I say bad things on Twitch OR ELSEWHERE, that this is “their speech”? I disagree, but what you are saying is Twitch is a publisher, not a platform?

If Twitch can’t be compelled to publish my unpopular comments, then any comments they do publish should be legally theirs, and if illegal be held liable for them? Something tells me you aren’t on board anymore.

Are you trying to have it all-the-ways? That Citizens United is wrong and companies don’t have free speech, but also that companies don’t need to recognize free speech but can retain their platform status (when convenient), then also Citizen’s United is right and companies have any speech they want if it means restricting yours?

Quick question... socially, what do we do when I’m banned from Twitch for saying something NOT ON TWITCH that was at the time unpopular but eventually proven correct? Or similarly let’s say I quote the CDC website but am banned because the data is unpopular. Or lastly I quote something that was true at the time according to “official sources” (sarcasm detectable) but later incorrect and I’m retro actively banned?

Instead of all this shifting convenience and liquid enforceability... maybe we just stick to free speech and take the small bad with the giant good? Seems morally just and logically reasonable to me.


The fundamental problem always will be that a company running a large and popular platform on the internet has operating costs and wants to make money. The only reasonable way to do that right now is via advertising, and these advertisers only want safe, family friendly content to not tarnish their brand.

I would love it if there was a similar platform with a monthly fee free of advertiser influence, but it's impossible to get a critical mass of people to pay for it.


I work for a company whose primary source is direct revenue from users and it's edging towards this dystopian direction. Advertising revenue certainly doesn't help, but it's not a pre-requisite for this problem to exist.


We only call it "speech" because speech is the lowest-latency and highest-bandwidth method us humans have to exchange ideas. I tend to distrust people who are pro-eumemics the same as I would distrust a person who is pro-eugenics.


"Terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault"

This does not fall under free speech.


Patreon recently banned journalist Whitney Webb for something that somebody else posted on her website. This policy is already being used nefariously, against journalists nonetheless.


> It said examples of this “severe misconduct” include terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault and threatening Twitch or its staff.

What points here will not already lead to jail time and an outright ban from all social activities? The bans are for criminal acts that are outside of free speech protections.


"Terrorist activities" could simply mean publishing propaganda articles in support of terrorist groups.

That's entirely legal in the US and A.


Yeah, I think many people speaking out against "cancel culture" did not read the article.

Few people would argue that Twitch would be wrong to ban a pedophile sharing CP or a domestic terrorist.


I would argue that Twitch would be wrong for banning even a convicted criminal whose publications themselves were legal.

Censorship is abhorrent regardless of who you are censoring.

Mein Kampf is available on amazon.com, for example.


I'm curious. If you are in charge of a public company with a platform. There's a pedophile known for trafficking CP (or even more vile offenses). There are headlines that you're giving them exposure. You don't consider not letting them on your platform?



Or the objectors understood it quite well, and their true objection is that being held accountable for bigoted or violent rhetoric might actually affect them or others they care about, or may reduce the spread of ideologies with which the agree.

Personally, I’m glad Twitch is doing this. We don’t need people recruiting for the Klan or the Proud Boys also running gaming streams to gain audience.


"Violent extremism" in the era of "speech is violence" can mean anything at all.


I'm still waiting for the inevitable shitstorm that'll ensue when someone "innovates" a Relationship Management platform that is effectively a Shunning-as-a-Service (Read: Online Presence Surveillance and Data Broker interface) offering and suddenly discovers they've re-invented corporate organized blacklisting, which has been illegal for years. Yes, technically only for employment purposes, but the practice is generally abhored wherever it rears it's ugly head outside of that that comes down to just defending yourself from bad actors, where bad actors is defined as "Those seeking to cause direct harm for financial or other gain." Things that aren't just able to be chocked up to "having a controversial viewpoint".

I really wish people would wake up to the fact that right now, computing is still in its "enumerative innovation" phase where the computer will get thrown at every human problem under the sun to see what sticks, or what causes complete outrage and cannot be allowed.


>I'm still waiting for the inevitable shitstorm that'll ensue when someone "innovates" a Relationship Management platform that is effectively a Shunning-as-a-Service

This had existed, for Twitter at least. Apparently it shut down last year. I had ended up on several blocklists or at least one commonly shared once because I'm blocked by a good 20-30% of Twitter's blue checkmarked journalists that I've never once interacted with or Tweeted at before.

https://blocktogether.org/

I could easily see being randomly blacklisted/blocked with no real understanding as to why you are blocked other than some well-connected person that you peeved off once had added to a shared blacklist. This likely already happens.


It's funny you should mention that. A few years back, the operation of the shared Twitter ban list used by the Twitter left was, ah, slightly disrupted by the fact that it was being run by a British person who thought the Data Protection Act didn't apply to them and eventually received a polite official letter pointing out how completely wrong they are. (For context, their justification for why it didn't apply were that they were storing the data on a US service which had no contractual obligation to protect the data, and the list contained just about every kind of information categorized as sensitive under the DPA in the comments field... sexual orientation, political affiliation, all sorts.)

Anyway, I remember pointing out at the time that the Data Protection Act had been used to shut down corporate blacklisting efforts run by people with very good lawyers and much cleverer attempted loopholes than theirs, and that their chances of somehow finding a loophole where everyone else had failed were basically zero.


>corporate organized blacklisting, which has been illegal for years.

Does that mean Uber and Lyft sharing lists of drivers that have been banned from their platforms is illegal?


Depends why they've been banned, probably.

Corporate blacklisting is illegal, but there have been substantial carve-outs in the name of safety. DISA [1] is a great example of this - fail a drug test and you're banned from about 10% of the US economy for 7 years.

[1] https://disa.com/why-disa


Uber and Lyft drivers are technically external contractors. Not employees. As far ask I know, there's no law about sharing bad contractors names.


In some jurisdictions, they are legally employees. ‘Move fast and break laws’ doesn't work everywhere.


right. If this were illegal then so would be BBB, or Angie's List, or Yelp?


"The company said users will be able to report such behaviors but it may also investigate cases proactively, for instance if there is a verified news report that a user has been arrested."

So we've arrived at "innocent until accused" instead of "innocent until proven guilty"? And if proven guilty, they will both be punished under the law, and again by companies like Twitch? If proven innocent will they be restored? What a slippery slope.

It's hard to argue with the goal of removing sexual predators or terrorists, but the reality is these are subjective standards being applied. It's just as toxic as cancel culture.

:/


Presumption of innocence and proven beyond all reasonable doubt is the bar that has to be met in order to put someone in prison.

However, people are completely entitled to decide to shun someone or not do business with them based on mere suspicion or some arbitrary subjective standards (with certain narrow exceptions e.g. discrimination of protected classes) - "freedom of association" is the default condition and a key freedom, people and companies are free to choose with whom they want to (not) associate.

Freedom of association is not absolute, some limitations can be justified (the discrimination laws are a good example) but there does need to be a solid justification and specific serious harm prevented if you want to argue that someone or some organization needs to be denied that freedom of association.


Yes they are entitled and we are allowed to disagree with it. That's the point everyone is trying to make. These legalistic arguments are silly and distracting.


Apparently Twitch's employees like these policies for ethical reasons, and/or their businesspeople and advertisers think these policies will bring in more money. Personally, I like these policies and I'd like to see more of this kind of proactive action. I like Twitch more knowing that they have this policy. It shows that they understand their role in shaping public discourse and are taking responsibility for it. It's a difficult balancing act, and there's plenty of ways it could be done badly, but pretending that platforms and their algorithms don't play a role in public discourse is silly.

I do feel most of this whole issue could be sidestepped with some long overdue antitrust enforcement.


>and/or their businesspeople and advertisers think these policies will bring in more money

Yes this is the reason. They will continue to stifle speech so its more palatable for corporations to run ads on their platform. Censoring art and dissent is working well for the people you agree with right now. 60 years ago the current culture would have been unfathomable. In 60 years it may be unfathomable to you again, but now you've taken the stand that it's right and just that they stifle dissent. Hope that never bites you.


I think money is a reason, but I don't think that's the only reason. If I was in a position of power there, I would endorse the same policy purely on ethical grounds, even if it for some reason harmed our relationship with advertisers. I suspect some of the employees there feel the same way.


> we've arrived at "innocent until accused" instead of "innocent until proven guilty"

For a platform like Twitch, this is fine. They have a brand. They’re akin to a modern television channel, and television has always been this ruthless. There are lots of other streaming sites.


I agree that twitch is within their rights. I also think we're within our rights to pressure them to adopt standards we would like. The law has long recognized different rights for "public figures" and private citizens, and I think that most Twitch users are better understood as private citizens. Even if I felt the behavior policing history of media was perfect (I do not), I think this is different in important ways.


> I also think we're within our rights to pressure them to adopt standards we would like.

I think this is what's happening, it's just that the users of Twitch want something different than what you want. You might think they're the vocal minority or something, but Twitch is almost certainly making a data driven decision here.


I am sure there are many different groups here! But yah, there are definitely folks that will be happy. I was just trying to say that, beyond Twitch being within its rights, people can still yell at them and say they shouldn't (or should) do it. No need to leave it at "this is legal and in line with previous behavior."


Sure. I find it extremely tiring to read about how this is a slippery slope, and how this is somehow oppressive or unusual for American media.

I don't mind folks coming in and saying, "Hey, this is a change that I dislike." But a lot of the discourse here today is just outrage and finger pointing and yelling about free speech absolutism.

I think that HN's downvoting system actually makes it harder to have a reasoned discourse about topics like this, because if I disagree with the prevailing opinion in this community that Twitch is doing a bad thing, it's likely my comment gets strongly downvoted, rather than opening a line of discussion.

I don't know how to solve this. Maybe separate "I disagree" vs "Off-topic/poor quality comment" downvotes?

There's a reasonable discussion to be had about the decision Twitch made. I happen to think it's a good decision, and I'd love to be able to have that discourse in a calm way, but I don't know how to have it in something like HN where comments get swept up in voting and yelling and hostile replies.


I very much agree that unmarked voting systems like HN's do a really poor job of keeping comments "high quality." Everyone has a different definition of quality.

I understand that there are UX challenges to adding different kinds of votes, but I totally agree that the UI affordances we have right now make conversation harder instead of easier.

I wonder if separating "quality" (vote + or -) from "reports" ("excessively rude", "inappropriate", "off-topic") would be useful. I do think that people can be excessively rude and useful at the same time. Edit: So, this would change from "-3 points" -> "-3 points [rude: 3, off-topic: 5]".


I think that’s exactly what is happening though, they’re adopting the standards that their advertisers, and by extension their users want.


...I don't know, I'm a user, and uh, I hate the advertisers, and their dumb standards, they're killing creativity, only allowing brand safe content to exist, and be consumed. I think that's an overall net negative for the users. The need to make everything conform to advertisers is destroying the online spaces we congregate on, making them shallow, and vapid feeling.


>For a platform like Twitch, this is fine. They have a brand.

As someone who does not operate a streaming platform, I don't care whether they have a brand or not - I care about the pragmatic benefits of living in a society where principles like innocent-until-proven-guilty are available and practiced in a way that benefits average people like me. I think the number of people who would consider "they have a brand" to be a good justification can't be higher than the number who own major brands.


Nobody is “innocent until proven guilty”. You are either, as a matter of fact, innocent or guilty. Our constitution prohibits the government from depriving you of life, liberty, or property without due process of law. But Twitch, or I, or you, can make up our own minds about your innocence or guilt, trial or no trial, and proceed according to our rights and inclinations. That right, the freedom of association, is as important as the right to be free of penalty from the government absent due process.


Due process was invented for a reason, and that reason is that innocent people like us do not like being unjustly punished. Any entity powerful enough to deliver an unjust punishment qualifies for the reason that due process was invented.


If someone who stream on Twitch does something bad off of Twitch, would people blame Twitch for that? I know I wouldn't.


Depends on what they did. If Twitch lets, say, the Unibomber stream video, it looks bad to advertisers (Twitch's customers). They don't want to be associated with that.

It all makes sense when you look at it from a money angle rather than an ethical angle.


They wouldn't blame Twitch for what that person did, but they would blame Twitch for continuing to host them on their site.

For example: if Twitch hosts a well-known sexual abuser and groomer who's known for taking advantage of vulnorable fans, then people will be rightfully upset with Twitch for giving them an audience.

This is why Ryan Haywood got permanently banned from Twitch. Some of his victims and many of his former fans reached out to Twitch and said "hey, this guy is an abusive and manipulative piece of shit who will take advantage of vulnerable fans if he gets the chance. Please don't provide him with a megaphone and a potential audience."


People can, and do. At any given moment you can probably find at least one hashtag campaign excoriating Twitch for having not banned some streamer for something for other.


The context is that the last six months or so have been a shitstorm of prominent streamers caught in various forms of grooming, sexual assault, and so on. Much of this has happened off-Twitch, but it's certainly affected the reputation of Twitch to be associate with such.

It's no different to the owners of M:TG banning people for serious misconduct, for example.


To me it sounds very similar to M:TG banning people for bringing up and reporting that kind of misconduct in their community...


This does not scale. Imagine if every grocery store, doctor, and gas station decided to deny someone service because of an unproven criminal charge. Given that innocent people are charged with crimes they did not commit, the morality of denying someone for something they do not have control over is the same in this case as in cases involving protected classes.


Twitch is not a television channel. Twitch is tens of thousands of television channels.


Be careful, it's almost as if Twitch was to qualify as a "common carrier"...


what would be the implications of that?


ethics =/= legality


This is not "fine". This is in fact "bad".


We've always been there.

We lock people up pre-trial, sometimes for months if they cannot pay. People lose jobs and have trouble caring for children and so much more while this happens.

You can lose a job if you get arrested. This happens before trial. We (Americans) don't really regulate the folks that do criminal background checks, so that arrest can cost you later too.

Civil forfeiture is legal. Though some places have reined it in, not everywhere requires a guilty verdict in a criminal trial to take your stuff. And as a "bonus", the standards for proof are lower in civil proceedings than they are for criminal ones.

In many areas, you can get fired for any reason, so all it takes is a boss that suspects you of something. Even if they cannot prove it, they can site loss of trust.


What's so unfortunate to me is that I thought we were moving away from that. Just 4 years ago, my state passed a law prohibiting employers from hiring or firing based on arrests which didn't lead to a conviction. It's confusing and terribly disheartening to discover that many of the same people who pushed for that bill have no interest in the underlying principles of due process.


We may be arriving at a time and place where we must consider broadening the scope of the First Amendment to not just apply to government.

I'm fully aware there's good reason for organizations and companies to limit free speech, but it often (lately) has gone way too far, dabbling in political witch hunting.

I can think of few things less inline with classical American Constitutional ideals than to cheer on organizations that hunt down individuals and silence them for thoughts expressed on other platforms.


> We may be arriving at a time and place where we must consider broadening the scope of the First Amendment to not just apply to government.

It would be a violation of the 1st Amendment to require Twitch to host objectionable content against their will. Freedom of association and freedom not to speak is part of the 1st Amendment. I am very doubtful a proposal that mandated that Twitch had to host certain streamers would survive a court challenge. This is like looking at declining church membership and arguing that the only way to preserve Freedom of Religion is to mandate that everyone needs to go to church.

And there are ways to attack censorship that don't require throwing out the Constitution. Ways like antitrust, like expanding Internet access and building infrastructure to make self-hosting easier, like providing government-run alternatives to certain services like financial payment networks -- services that would be subject to the 1st Amendment. We could revise copyright so it's easier to build content mirroring sites and migrate people off of social media/streaming sites into other services. We could revise the CFAA so that it's easier to build migration tools without getting sued by Facebook. We could start putting even a tiny bit of effort into not allowing Amazon/Apple/Google to look at new markets that are attractive and just buy the entire space.

I don't think you're mad that Twitch is moderating, Twitch has to moderate to some degree. You're mad that there are realistically only 2-3 usable streaming services and that our Internet infrastructure and Internet laws are set up in such a way as to encourage that kind of consolidation, to allow companies like Amazon to buy anyone who competes with them, and to sue anyone who builds compatible wrappers and services in a way that might make it easier to migrate off of Twitch.

And sometimes I bring up antitrust and decentralization and people accuse me of not being realistic, but honestly, does anyone really believe that antitrust is harder than passing a Constitutional amendment? Because it's not, antitrust doesn't require 38 states to ratify it. I genuinely do not understand the point of view that looks at mass media consolidation and says that revising the 1st Amendment is a preferable alternative to breaking up Amazon.


> It would be a violation of the 1st Amendment to require Twitch to host objectionable content against their will.

There are already communication companies that are basically forced to host content that they object to right?

Those are called common carrier laws, and they apply to things like the phone company, which are communication companies.


In very rare instances, yes.

You would be hard pressed to get the Supreme Court to rule that the same standards could be applied to a media company. The fairness doctrine met similar objections, and that was never applied to companies using cable, just public broadcasts. In this particular instance, we're talking about Twitch ending partner relationships. It's a hard sell to say that Net Neutrality or rationing limited airwaves is the same as forcing Twitch to pay a streamer money or to put them in a privileged position above other streamers.

And if your plan is to create the same kind of restrictions that you see around, say, Net Neutrality, then that still isn't going to create the environment that you want, because Net Neutrality also protects stuff like harassment, disturbing/gross content, and pornography -- it isn't narrowly applied to a privileged sub-category of speech. In other words, common carrier laws protect your political speech, but they're not specifically designed to protect your political speech. They also protect a lot of stuff that people don't want to see on their Facebook feed.

Even more broadly though, when we talk about revising the Constitution, we're talking about free speech ideals, not just legislation. And while the legislative conversation is worth having, it's also worth acknowledging that community moderation is a free speech ideal. The entire marketplace of ideas is based on the philosophy that some ideas win and lose, and that some ideas become unpopular over time. The entire point of Freedom of Association is that people can form communities and have productive conversations on diverse topics without getting constantly shouted down or harassed. Community moderation and subgroups and forums with strict rules are part of how we encourage a diversity of opinions online; they're why we can have this conversation on Hackernews without someone jumping in and trying to sell penis enlargement pills or telling us all to kill ourselves.

So on one hand if we're having a conversation about laws, it is going to be very difficult to get the Supreme Court to go along with most of the "neutral platform" proposals I've heard[0]. On the other hand if we're having a conversation about ideals, Freedom of Association is something we should care about in and of itself, and we should want to preserve that as much as possible -- we should only be looking at getting rid of Freedom of Association in places where we literally have no other choice. Compelled speech is extremely dangerous, it shouldn't be the first thing we try.

And luckily, we have a lot of precedent on alternative ways to get speech to flourish online. When people refer back to the "good old days" when the Internet cared about speech, there was plenty of moderation back then. There were just also a bunch of independent IRC rooms, independent websites, more freedom to be pseudononymous, and everyone's entire life wasn't tied to a single Google account that could be shut down at any time. So the first thing we try should be to increase platform diversity, because we already have compelling evidence that platform diversity increases speech.

[0]: Particularly a Conservative Supreme Court with people like Barrett, who are probably not inclined to say that 1st Amendment protections shouldn't apply to companies that directly interact with consumers. With the exception of people like Thomas, I do not see much eagerness from Conservative justices to strip free speech protections from companies.


> I can think of fewer things less inline with classical American Constitutional ideals than to cheer on organizations that hunt down individuals and silence them for thoughts expressed on other platforms.

The moderation team of twitch is pretty much universally hated by the internet. I don't think anybody is cheering them on.


Twitch is just the latest organization to jump onto the political silence bandwagon.


Personally I find it hilarious that American conservatives who have for decades been advocates of silencing people for things like being against wars, sex/violence in music/film/video games, and homosexuality, are now campaigning on being victims of the "cancel culture" they themselves have advocated for.


I wonder if you're confusing public debate and a vocal minority with actual bans of things? I'm not aware of any actually banned video games in the US, for instance.

We should talk about those things in public - and not everyone will agree. That's how it's supposed to be.

It's brand new, however, to wield the power to literally cut off your political enemies from more than half of the population with a single click of the mouse.


Some schools banned Harry Potter in America.

Also this article states that Twitch that the misconduct is this:

"It said examples of this “severe misconduct” include terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault and threatening Twitch or its staff."

Which one of these are just political opinions?


No public schools banned Harry Potter, because they cannot do so.

And a private school "banning" a book isn't an actual ban. You could still purchase and read the book if you desired.


So a private company can do what they want?

But Twitch can't?


I think we're having that debate right now, no?

Was it wrong for a private school to "ban" a book? I think so... do you?


So you're having a different debate to what the article is about.

Do you think it's wrong for twitch to ban people for: "terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault and threatening Twitch or its staff."?

Banning a book isn't even in the same ball park. I think it's pathetic of the school.


Twitch is technically a public company (Amazon), but I don't think there's any difference in this case.


Well, they already call out terrorist activities, which makes me wonder what "violent extremism" refers to. Maybe something as simple as taking a hard line against abortion and peacefully holding a sign outside a clinic could be considered violently extreme?


I'm not aware of any actually banned video games in the US, for instance.

There was an Atari 2600 game that involved rape which was banned in some community on Long Island. That's the only one i can think of.


Interesting, however I doubt this community had any mechanism to actually ban the game, other than just saying they disapprove. Kind of like the "banned books" we all read in high school.


> It's brand new, however, to wield the power to literally cut off your political enemies from more than half of the population with a single click of the mouse.

Indeed. The remedy here is to enforce anti-trust laws.


Feel free to ask the Dixie Chicks about how no conservative has ever participated in cancel culture.


My first thought was that this is likely politically motivated. They are building "cancel culture" into their platform.

They're opening the door to threaten influencers making money using their platform that support the "wrong" political party. If they say the wrong thing on Twitter, they will be banned on twitch/fb/google/etc. Incredible times we live in.


i don't buy into the cancel culture meme, but what you're describing is exactly how accumulating power exerts itself to eradicate dissent. it happens with every form of governance throughout time once a tipping point of consolidation is reached (which is why i don't buy into this meme, because it's only a specific and ultimately a distracting manifestation of this larger phenomenon).


Nah, it's money motivated. The less controversy there is with Twitch streamers, the more easily they can negotiate ad deals and make money.


innocent until accused

That concept has been going on for a while.

Women who were sexually harassed or assaulted were ignored for so long, we over corrected and we became cautious of just being accused. And now you get stories of male investors not engaging with female founders or execs who won’t meet with women without the presence of a trusted woman in the room.

Cancel culture is more of the same. Let’s dig up tweets people made years ago and call them out. As though people don’t learn or absorb new ideas as they age and change their behaviour accordingly.

We’re more interested in making sure we catch everyone that is guilty and some innocent people are acceptable casualties. In fact, let’s widen the net slightly for more by-catch. Then we know for sure we got everything.


As horrible as that sounds it doesn’t bother me.

When I was very young I remember a story of a high school student who horribly tortured a cat and drove around with its mangled but still living body. The high school baseball coach kicked that student off the team even though the student wasn’t arrested. This wasn’t considered cancel culture then and it didn’t bother me then either.


The lack of the internet is the original cancel culture. Before the internet, it was easy for speech to get confined to some small region due to financial status, ethnicity, etc. The internet fundamentally counter-acts cancel culture.

However, the “right to free speech” does NOT imply a right to be heard. Internet entities can and will do stupid things that interfere with individual expression, but they don’t trample upon individual rights. If literally nobody wants to hear a message, that doesn’t preclude one from expressing it to one’s self.


You can't put the toothpaste back in the tube.

Now that access to large broadcast mediums is the norm, it's absolutely a blow to free speech to selectively censor some of it. Maybe we choose to make tradeoffs, but let's do so with our eyes open.


Thanks to the internet, our eyes are more open than ever before. To the point of information overload. No amount of stupid can ever “put the toothpaste back in the tube.” If some speaker gets filtered from broadcast media, perhaps that speaker might rethink their message. Original cancel culture was even more restrictive—- it silenced voices due to the color of the speaker’s skin. It has always been a competitive endeavor to be heard. The internet might not be much of a fairer place for that game, but the potential reach is what makes the game worth it (or not, in some cases).

If you think broadcast media gets it wrong, push back. But if you call it cancel culture, it’s easy to show what we see today is much less harmful than what came before.


If nobody wanted to hear a message, they would just not subscribe to a person sending it. We are not talking about that, we are talking about privately owned platforms directly deciding what kind of ideas are allowed to circulate in our society. And I find it quite worrying. Because right now it is in their direct interest to make sure an average American doesn't have a family, doesn't have kids, devotes their entire energy to their corporate job, and doesn't accumulate a single dollar worth of savings. It looks great on the financial statements, but it makes people across the board miserable.


Presumption of innocence is a legal principle and does not and will never apply to a corporation providing you services at their own discretion.


This is such a lazy argument that I'm so tired of hearing applied to quasi-public services. Maybe Twitch isn't a great example, but a few social media sites are. They might not be the government, but they're platforms with billions of people on them. Justice Thomas recently pointed out that we'll soon have no choice but to grapple with this distinction and determine how principles like the First Amendment apply to non-governmental public forums. I think it's a bit naive to hand wave it away as "if it's not the government, the principles of free speech don't apply." Maybe not legally... yet... but when people complain about this, it's the spirit of the 1A that they're concerned about, and I hope that some forthcoming legal doctrine will provide some legitimacy to their concerns so I can stop hearing this trite counterargument of "muh facebook isn't the government."


It's not a lazy argument, you're just tired of hearing it. It's actually a very strong argument. "quasi-public", "maybe Twitch isn't a great example", "maybe not legally... yet", "some forthcoming legal doctrine"-- these are weak qualifiers. What are you proposing, exactly? How many users is a service allowed to have before their content moderation policies are nationalized?

Somewhat ironically, whatever you're proposing would almost certainly require weakening the first amendment. Personally, I'd prefer a strong first amendment (which is concrete and actually means something) to the nebulous "spirit of the 1A".


> whatever you're proposing would almost certainly require weakening the first amendment

I assume you're referring to the 1A rights of the corporation, e.g. Twitter's right to decline to publish content it disagrees with. I agree with you there. It's a complex problem. My complaint is more with the argument that only the government can restrict free speech. It's a lazy argument because the reality is far more nuanced than that. For example, consider the fact that AT&T doesn't have the right to drop your phone calls when you start talking about Verizon to the person on the other end of the line.

It's totally fair to talk about the "spirit" of the constitution -- that's why we have the Supreme Court in the first place, to interpret the constitution when its words are not clear. I would also note that the Declaration of Independence doesn't mention any self-evident truth about corporations, but it does describe the rights of the people, and government's role in preserving them. If corporations appear to interfere with those inalienable rights, it's not unreasonable for the government to step in to preserve them.


Your belief that large social media platforms should be more permissive has nothing to do with the First Amendment, which is a limitation on a grant of power to a non-human entity (i.e. the Federal government). The idea that the "spirit" of the 1A constrains the actions of human individuals is somewhat perverse.

Sometimes platforms ban people I think they shouldn't. We agree on that much. I hope user pressure pushes them into more fair and transparent processes. But I strongly believe they should have the right to publish or not publish whatever they want. And on ideological grounds, I strongly oppose any weakening of the First Amendment.


> What are you proposing, exactly?

Do you require a detailed solution before you will even admit there is a problem?


No, presumption of innocence is first and foremost a moral principle. Our legal systems are reflections of our collective morals.


The moral principle in this case is that we don't think jail (or worse) should happen without being proven guilty. That does not mean we collectively believe all consequence requires proof of being guilty. Morals and punishment are not binary systems.


There's a point where this kind of ostracism becomes worse than jail. For many Twitch users, streaming is a substantial part of their social environment or even their full-time job. If I had to choose between a couple weeks in jail and a lifetime ban from working in my industry, or a couple weeks in jail and being banned from all my friend group chats, I'd take jail in a heartbeat.


On the other hand, one person's ostracism is another's right of association. It is just as wrong to force someone to work with a person they do not want to work with, as long as that reason is justifiable (i.e. not a protected class)


For Twitch and other corporations it seems like it's not the "right of association", but more the "sin of association" that makes them heavy handed towards individuals with banning, censoring and demonetizing:

The extreme social media dynamics somehow holds these corporations accountable for any wrongdoings someone might post on their platforms which is impossible to prevent or moderate in a timely fashion. They respond with more sophisticated and sweeping algorithms that lead to self-censorship by content creators and unexpected actions like shutting down the demoscene event a few days ago.


Well, I agree with what you're saying, although I'm not sure we're on the same page. I don't think Twitch should be forced to work with people they'd rather ban; I see some proposals in other comment threads to pass a law, and I don't support that. What I want is for Twitch to recognize that this new policy is a bad idea and voluntarily retract it.


Nitpick: The offenses for which Twitch is considering removing users usually result in much more than a few weeks in jail, if convicted.

Further, Twitch is not the entire industry, the same way that Microsoft is not the industry.


Many of the offenses are in that category. My concern is the offenses like "violent extremism" and "membership in a known hate group", which are not generally illegal and very easy to abuse for censorious purposes. (I've seen quite a few people identify mainstream organizations as "hate groups" because of some political dispute.)


Presumption of evidence is morally important because the force of the state is ultimate: they can deprive a person of life and liberty as a consequence.

The suggestion that it is immoral for a different standard being applied to a private clubhouse is not something that was supported by the influential thinkers who gave us the former idea.


In a capitalistic society where corporations hold as much power or more than governments do in our day to day lives you surely must see how this is a moral principle that must apply to them also. There's life ruining things beyond jail such as being homeless and shunned.


For sure, and we've done that through regulations where appropriate: e.g. landlord/tenant law, utility commissions, etc.

Twitch is hardly in that category, though.


Presumption of innocence exists in the legal system for a reason, mainly that it is necessary for a judgement to be rendered fairly.

Twitch is not the legal system, but it is passing judgement and renders punishment that can be harsher than the justice system in some cases (losing your main income compared to a small fine). Therefore, it needs presumption of innocence as much as the justice system. I rest my case.


I'm not sure why you say "arrived". People have always been fired for arrests at some companies. Twitch is basically their employer, so it's not much different here.

Whether it should be allowed or not by law can be a different discussion, but we don't have to pretend that this is new


>Twitch is basically their employer, so it's not much different here.

Oh awesome. I am sure Twitch streamers are looking forward to guaranteed minimum wage, paid time-off, health insurance, etc.


What's your point? Does it change my point if they're considered contractors vs employees vs hobbyists vs whatever?


Since your point is that "Twitch is basically their employer", whether they're basically employees is relevant.


Anyone with substantial following, who would be most likely to get snitched on with this new policy, will be making money from twitch.

It doesn't matter to me how you categorize that relationship, my point is valid. "Basically employees" was a plenty fine layman's categorization, though. We aren't lawyers here.


Twitch is not their employer. Twitch collects money from them.


Twitch collects money from viewers, and pays money to them.


Twitch takes half of the subscription fee. Twitch doesn't employ streamers. Twitch takes platform fees.


You are all getting way too caught up in terms. It doesn't matter.

A company firing an employee for getting arrested is a very close situation to Twitch "firing" a streamer for getting arrested.


You can't fire a user. You can kick them off your platform.

If I say come drink from my waterhose. At some point I dislike you and I say you can't drink here. You can't fire them.

If google disables your email you didn't get fired you were kicked off the platform.


Did you miss my quotations? I said "fire" in quotations, obviously not meant to be taken literally.

And it's not quite like that. It's if someone comes up to you and says "Hey I can get a bunch of people to come and drink from your water hose. If I get enough can you pay me?" And then they get arrested for murder and you think maybe they should stop.


Twitch is closer to being their pimp than their employer.


The reason we have a high standard for criminal convictions is that your liberty or life can be taken away by the state, and the cost of a mistake is therefore high.

Here we are talking about... the inability to show yourself playing video games to others.


I laughed a little when I saw the phrase "esports career". How decadent a society we have when people can make a living from other people watching them play games. No sillier than professional sports but still both are ridiculous IMO


We haven't arrived anywhere. We were already here. Personally, I'd like to see less rather than more of this type of thing, but studios, sports leagues, and sometimes legislative bodies have long had traditions of removing celebrities from their umbrella for misconduct and various morality clauses even if they are never convicted of a crime.

Twitch streamers are just another form of celebrity and subject to the same dynamics.


There will be false positives too and then the big question is will there be a proper appeal process or will users be forced to talk to a chat or email bot while trying to get unbanned.

For some people this is their livelihood and they will hopefully take that into account.


Identity politics is all about witch hunts ultimately. It requires targeting, attacking, hunting and splitting people by tribes. If there are not enough targets, more will be made by inventing new divisions. Once you begin dividing people so aggressively by identity - as is happening now - cultural war inevitably breaks out. Tribalism always leads to conflict. What Twitch and all other social media platforms have begun doing is an inevitable consequence of that cultural war, they're very willing participants.

You want a prediction for the future re this subject that is a certainty? The big tech companies will require (and will deploy) military style protection and will have to wall off their campuses in the not very distant future. No other outcome is possible given where things are heading, the cultural tension will keep rising until it explodes.


I’m really not sure what you’re saying. Are you suggesting websites shouldn’t be able to moderate itself?


It's a website, not a court of law


>but it may also investigate cases proactively

Translation: We're going to ban whoever the ADL and SPLC point the finger at.


So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

We aren't talking protected class here, we're talking private companies picking and choosing who to do business with via non-discriminatory means.

That's called a free market.

Will they be restored if they're proven innocent? Maybe. Maybe not. Again, that's called a free market.


At a certain point, these platforms have such enormous, unprecedented influence and control over public discourse, that they aught to be thought of differently than, say a restaurant refusing service to a guy without a shirt or shoes on. We're clearly in uncharted territory, when it comes to the control and release of information.

Just using Twitter and Facebook for example - they've silenced the second-most voted for President in American history, because he isn't their brand of politics. Regardless what you think or feel about the guy, he is a former US President - we aught to know what he thinks, even if we disagree or think it's outlandish - no?

How can we, as a society, claim to value free speech, yet allow social discourse platforms to censor and silence political enemies?


They didn't "silence" him because his brand of politics. Their stated reason for banning him from their platform was literally " due to the risk of further incitement of violence."

Their TOS have specific "Glorification of Violence policy", which aims to prevent the glorification of violence that could inspire others to replicate violent acts and determined that they were highly likely to encourage and inspire people to replicate.

Further, the claim that Twitter "Silenced" the President of the United States, a man who literally has a press room in his house, and could have a room full of reporters convened at any hour of the day to speak to. He could issue any statement from official whitehouse channels and it would instantly be disseminated across every news outlet around the world.

He chose not do those things, because he is a coward. The quintessential Keyboard Warrior/troll who likes to rile up people safe from any counter argument.


Everyone and their cat understands that it is hypocritical bullshit. They'd let his incitements slide easily if he was their political ally and not an opponent.

I don't have a horse in that race, but it is disgusting how people defend this blatant and obvious bias as perfectly normal thing.


And what sort of incitement is coming from the left? is it "socialize healthcare" or "we should throw molotovs at protests", because the latter isn't allowed on Twitch either.


Because the Summer of Love 2020 was so peaceful and innocent from either side of politics... seriously, get over it. Both the left and the right are cut from same cloth. They'll torch whoever doesn't agree with giving them the power. Both sides are just different flavors of control.

Let's not forget how it was Trump's DHS that was mistreating folks on the border back in the day. Is it still Trump calling the shots on the border? Is it still Trump wanting to bring manufacturing to the US instead of China? No, Biden is now implementing the same policies as Trump, except in blue flavor instead of red.

Get over yourself thinking your political party salute has meaning. They're all the same assholes. Twitter and Facebook are not against violence or hate, they're against whoever doesn't agree with them.


Regardless of which flavor of capitalism is currently being pushed[0], this thread is about private platforms being able to exercise their first amendment right to choose who they associate with, which is why Twitch is allowed to ban people for their political views and Parler is also allowed to ban people for 'left-wing trolling'[1].

0: https://redd.it/jpuxrv (warning: politicalcompassmemes humor)

1: https://www.techdirt.com/articles/20200627/23551144803/as-pr...


The Maxine Walters quote (she's a goldmine of things a professional politician is irresponsible to say) was the one I was thinking of but here's a link with a bunch of other stuff too.

https://twitter.com/RealSaavedra/status/1117508460407447552


All of the "fight like hell" statements and similar that have been common-place in American politician's vocabularies for decades.


Twitter is a company, not a court of law. Trump tarnished their reputation like nobody else, so they ceased doing business with him when it was convenient. This was facilitated by him flagrantly violating their rules for years, culminating in the riot he incited via their platform. It's as simple as that.


Tarnished? No.

Twitter was in the news every day. They profited massively, but now that his presidency is over there is no interest anymore.


Precisely. They can have their cake and eat it too. That they attracted a lot of eyeballs while he was in office doesn't mean they want to be "that website that Trump rants on" forever.


It’s really difficult to know whether that’s true or not when we have a sample size of 1


No one inciting violence is a company's ally, unless that company sells guns, ammo, etc.

Twitter, same as every other corporate entity, benefited from Trump's tax cuts. They went years without silencing him, despite cries that his posts were dangerous. They -wanted- to keep him on their platform; he kept millions engaged with it. They even created 'world leader' exceptions -just so they wouldn't have to apply their own terms of service against him-.

It is disgusting how people act like this is bias against Trump/the GOP, when it's so obvious that the bias flows the other way, and it took an actual armed invasion of the US Capitol for these companies to finally step up and do something.


Armed invasion? It was meeker than peaceful protests from the last summer! Not even one building was burned! That shaman guy blessing everyone in capitol chamber (including guards!) was an extreme threat to the society, right.

It is unfortunate how personal biases stop you from understanding the danger to society from unchecked 'private companies'. Trump haters are ok with it so long as Twitter and Facebook silence him but too shallow to imagine that one day they'll silence the politician they support.


Meeker....? 4 people died. You are insane if you can look at the footage of that riot and equate it with "meeker" ... do you mean "they weren't black" ?


3 were from heart attacks and related complications. They were not killed by the riots.

The 4rth was shot in the chest by secret service, and the 5th was the police officer that later died of injuries.


I personally have no idea where to find Trump's latest babble. This is also true for pretty much everyone I know.

He has been effectively silenced. (And at least in the case of Twitter, it was definitely not for glorification of violence given the two tweets they cited in their blogpost)


>I personally have no idea where to find Trump's latest babble.

We'll ignore for a second that just because he can't post on twitter doesn't mean that you can't find things he's saying on twitter - so that would be the first place. 30 seconds of searching and they've got 4 posts about trump in the last 48 hours.

https://twitter.com/oann

Fox News? OANN? Newsmax? He's on almost daily and not exactly difficult to track down if you want to.

Sure you don't get his diarrhea of the mouth for 18 hours a day, but that's a far cry from being silenced.


The fact it's filtered makes a big difference.

I've been mislead too many times by filtered stories to have any trust in them.


What do you mean filtered? They literally put him on live television.


I wish such matters were decided in a Court of Law with evidence. And not by private arbiters. Twitter banned Trump simply because they could so without any repercussions. All that "Glorification of Violence" is sheer hogwash. Risk of further incitement of violence is even more hogwash. Most of the democratic party leadership should be banned from Twitter in such a case.


Twitter made the mistake of publishing their reasoning [0] where they attempt to construct a violent interpretation of two perfectly mundane Trump tweets, including the jaw-dropping "To all of those who have asked, I will not be going to the Inauguration on January 20th.".

After the 2016 election, the left ginned up enough hatred that some bloke attempted to gun down a Republican representative [1]. It passed with comment but not any particular shock. This is a good example of the routine (happened in 2011 against a Democrat) level of violence in US politics. The US famously resorts to action when passions are high. Trump simply wasn't inciting anything violent, especially against that high baseline.

Twitter's actions are unjustified, and it is highly likely that all the big tech companies are thinking like this, they are known to be left-leaning. This is a wake up call to the right that these companies are threats. Any right wing government anywhere in the world that ignores the tech companies is at risk of them becoming powerful and effective politically opponents - that is a much bigger thing than people have cottoned on to. This move was big.

[0] https://blog.twitter.com/en_us/topics/company/2020/suspensio...

[1] https://en.wikipedia.org/wiki/Congressional_baseball_shootin...


>How can we, as a society, claim to value free speech, yet allow social discourse platforms to censor and silence political enemies?

Quite easily. Freedom of speech is freedom from government suppression of that speech - it's quite clear in the constitution. Freedom of speech doesn't mean I or anyone else has to give you a platform to speak from.


And antitrust laws are designed precisely to prevent corporations from monopolizing and abusing market position. Freedom of speech means I have the right to hear from people I choose to assemble with. Monopolies dominating the market for speech and then dictating the terms of speech is an antitrust situation. Not least of which because by the same mechanisms they can use to silence political opponents they can use to silence and squeeze out competition or mentions of competitors.

This isn't crazy or unprecedented. We don't give unlimited contractual rights to landlords. You'd end up with a virtual serfdom otherwise. So we grant tenant rights exclusive of any contractual terms. Past time to do the same for social media participants.


The notion that any entity can "dominate the market for speech" is absurd. Freedom of speech doesn't mean you have a right to free eyeballs at <insert company here>'s expense.

Freedom of speech and freedom of association mean that Twitter has the right to put or not put whatever it wants on its website.


https://www.sandvine.com/blog/netflix-vs.-google-vs.-amazon-...

"Over 43% of the internet is consumed by Netflix, Google, Amazon, Facebook, Microsoft, and Apple"

Not only that but some of these companies collude to limit access both from competition and political opposition.


This is a well-reasoned response. The comparison to the tenant / landlord relationship is excellent.

It seems that breaking up monopolies as in the past is not viable with tech empires like Twitter / FB, therefore some type of regulation in this area is where the focus needs to be, and I say this as someone who usually takes the libertarian position.


That's apples and bananas. A more apt comparison would be: does your local newspaper HAVE to print anything you want on the front page? No? Then why should a social media site be forced to?

Facebook doesn't control whether you pick up the phone and call your friend to voice your opinion. Twitter can't prevent you from driving to your local bar and telling your drinking buddies what you think of the president. Then again, the bar owner can kick you out of his establishment if he disagrees with your thoughts and gets sick of listening to you.

Because again, your freedom of speech doesn't mean a business has to host you.


> [Y]our freedom of speech doesn't mean [that] a business has to host you.

We are truly in uncharted waters at this point: historically, your newspaper comparison would have made sense, but it simply isn't applicable anymore.

At what point do we need to acknowledge that these platforms are the public square? When they control 99+% of online speech? When there is a worldwide quarantine meaning that people head to the internet to speak to each other, and meeting up isn't even an option? When being banned from one implies being banned from all of them?

Increasingly, there are difficult questions that we need to answer around this: Does this argument imply that even if all speech was transmitted through Facebook's servers, that wouldn't change the calculus around what "freedom of speech" means? How does this interface with laws worldwide? How does this interface with morals worldwide (the morality of the coastal US is not as universal as many people would like)? Is it morally acceptable for all businesses of a particular kind to collude wrt refusing to serve a particular person? Would it be morally acceptable for every business of every kind to collude wrt refusing to serve a particular person, whatever the reason?

Arguing from this place of finality by appealing to the way things currently work means that people get to ignore these questions. Not to mention that failing to look at changing circumstances is usually a bad idea: omnis conventio intelligitur rebus sic stantibus. This sort of argument generally reads a bit like rules lawyering to me: even if this is how the law works in letter today, it seems to be against the spirit of the law and broadly self-interested ('as long as the people getting banned are people I think deserve it, I'm all for letting the social media companies decide').


> So it is quite a bit more complicated than just saying "its their platform, their rules"

How about this example instead: Do phones have to serve you? Phone companies are user communication companies, after all. Seems like an appropriate analogy. Whereas a newpaper is more of a publishing company.


> That's apples and bananas. A more apt comparison would be: does your local newspaper HAVE to print anything you want on the front page? No? Then why should a social media site be forced to?

Yes, but there is the other side of that coin: a newspaper (as in the company) can get sued for libel or other such things, precisely because they have editorial control.

It's seems that social media companies would like to have their cake and eat it too. They are explicitly protected from their users content (thanks to section 230), and yet they seem to flex this immunity by arbitrarily blocking users, often without recourse. IIRC they have even occasionally flipped between being publisher or a platform depending on the question.

To be fair, there is no winning for large social media companies, either they preform this filtering and everyone hates on them, or they don't and everyone hates on them. I do not believe there is a perfect way to block only people who everyone agrees should be blocked, as every method has both false positives and false negatives.


I can agree with you, but still think there's a problem. The fact is nobody who wrote the constitution thought we'd get to a point where there was such a dominant private speech player.

So yeah, it made sense at the time, since government was the big player historically, but we're looking at a different situation now.


>The fact is nobody who wrote the constitution thought we'd get to a point where there was such a dominant private speech player.

I'm quite certain that's not true. Papers in the 1700s had just as much dominance in speech as social media does today.

https://csac.history.wisc.edu/document-collections/themes-of...

I think HN has a gross overestimation of twitter's influence. There are 7.9 Billion people on the planet, and 185 million daily active twitter users. I can't say I've ever once gotten my news from twitter and don't plan on ever starting. In my social circle I've got exactly 2 people who use twitter daily.


> Papers in the 1700s had just as much dominance in speech as social media does today.

The important difference is that less than a billionth of what people communicate was through those newspapers. Nowadays? Maybe half is the the internet and most of that is through the big players (e.g. Facebook).


Papers? Every town had several. You could reasonably rely on someone taking up your opinion.

That's quite different to having a handful of internet giants, who seem to act similarly.

It's also different to having a huge Murdoch controlled network of media a firms.


> There are 7.9 Billion people on the planet, and 185 million daily active twitter users.

Twitter is a US platform first and foremost. It doesn't make sense to compare the total number of Twitter users against the number of people on the entire planet. According to Statista:

> Social network Twitter is particularly popular in the United States, where as of January 2021, the microblogging service had audience reach of 69.3 million users

https://www.statista.com/statistics/242606/number-of-active-...

That is about a quarter of the US population. Your 185/7900 figure is off by an order of magnitude.


I can’t get this sorted out in my brain but y’all think self-help with breach of peace(had to look up that phrase) ought to be casually tolerated in a modern nation...?

...nevermind, I just realized that US is a union of States where a repossession man just casually walk into front yards and tow away a Camry from debtors.


When we privatize infrastructure where do we draw the line between government and private citizen?


There is a precedent for having first amendment protections on private property.

https://en.m.wikipedia.org/wiki/Marsh_v._Alabama


Who decided that Freedom of Speech only applies to government suppression? Does the prohibition of cruel and unusual punishment only apply to the government as well?


> Who decided that Freedom of Speech _only_ applies to government suppression

Which freedom of speech are you referring to? Because if you're thinking of the first amendment, then the people who decided that are the ones who wrote it, and it's pretty clear in the text.


I feel like you're being obtuse. The concept of free speech was not invented by the US Constitution and has existed long before it was written. Free Speech as a societal principle and ideal has been around for hundreds of years.


"Free speech" might be a societal deal, but it's never meant what you are claiming it means. You are free to redefine it as you like, but it's never meant people are forced to publish your book or an employer can't fire you for being rude.


> they've silenced the second-most voted for President in American history, because he isn't their brand of politics.

I think that is disingenuous. Twitter said "specifically how they are being received and interpreted on and off Twitter" [0]. It wasn't his brand of politics it was how his supporters were interpreting him and incitement of violence like what was seen when his supporters stormed the Capitol.

[0]: https://blog.twitter.com/en_us/topics/company/2020/suspensio...


How it was interpreted was a mere interpretation in itself on Twitter's part. You can get rid of literally anyone for any reason if this is the standard.

How about we get rid of these 'white privilege' theories, because people are interpreting it as if every single white person is somehow inherently racist and evil?


Are you seriously equating inciting an insurrection with “not their brand of politics”?


What insurrection?


Oh I don’t know, I think it was that mob of people who were spurred into literally storming the US Capitol building?

Ya know, that mob that followed the beck and call of a man who still refuses to acknowledge the legitimacy and results of democratic election?

Yeah I think that was the one...


Is this an insurrection: https://twitter.com/zerosum24/status/1380216557700284422?s=2... ? Happening now, same idea.

Of course not, just like the Jan 6 incident wasn’t. An insurrection involves intent to overthrow government, not merely protest.


n.b. "aught" means "anything at all", as in the opposite of "naught" (nothing at all). you are looking for "ought".


That "censorship and silencing" is just those platforms using their free speech back. If you think the corporations running these platforms don't have that right, you'll want to meaningfully differentiate this decision from e.g. the decision of Fox News to not give equal airtime to someone like AOC.

I think both of those platforms should have editorial discretion.


> he is a former US President - we aught to know what he thinks

Honest question: Why? It is a bit my outside perspective that the US has too big of person cult thing going. Not just in politics and independent of brand.


How did previous generations claim to value free speech when mainly reading heavily curated newspapers and watching network television? (...where you could famously prick your finger, but not the reverse...)

We can tolerate the existence of nazis, but there's no obligation to give them a platform.


It's Trumps own fault that he chose Twitter to be his way of messaging the public. Why not build whitehouse.gov/words_from_the_pres? Twitter isn't funded by taxpayers and we aren't entitled to it.


Free speech protects you from the Government, that's it. We as society commonly confuse free speech with free from consequence speech which doesn't exist. Donald Trump is the reason Donald Trump has been silenced.


I'll never understand the argument that Trump was "silenced." As you said, he's a former US president. He has ample resources to get his word out. The only people who think he has been silenced are people who spend too much time on twitter or people who are being disingenuous.


>If Trump really wants to get his thoughts out to the world, he can host his own website and publish them there

And what's the recourse when the same forces collude to shut someone or some group out of the hosting platform for wrongthink? Build your own server farm? Build your own cloudflare? Build your own DNS? How far do we go in allowing tyranny by a loud and powerful minority? If we can regulate corporations to prevent corporate monopolies, perhaps it's appropriate to implement loose regulations against social monopoly. Collusion to silence an entire set of viewpoints by unilaterally associating them with a minority of extremists is quite literally oppression.


> And what's the recourse when the same forces collude to shut someone or some group out of the hosting platform for wrongthink?

I don't believe that "violent overthrow of the democratic process" specifically is a valid political position. I am comfortable discriminating against it. I am also comfortable with private parties exercising their constitutional rights to freedom of expression.

> Build your own server farm? Build your own cloudflare? Build your own DNS?

Yes, or find someone else to do business with. Or... change your behavior so it is less objectionable to those companies.

I consider a free society to be a competitive marketplace for ideas. Some ideas thrive and grow, others wither and die. The first amendment is a mandate for minimal governmental regulation so the forces of competition can evaluate ideas.

> How far do we go in allowing tyranny by a loud and powerful minority?

We don't allow it at all, that's why these companies are able to set these policies and issue bans. Exercising first amendment rights is not tyranny.

> If we can regulate corporations to prevent corporate monopolies, perhaps it's appropriate to implement loose regulations against social monopoly.

It's not and whatever the concept of "social monopoly" is can only make sense if there is one party controlling all social expression, which is obviously not the case. You could also call this "social discrimination" and reuse the ideas of protected classes. But political views are not (and IMHO should not) be protected. This would be the equivalent of picking winners in the free market of ideas.

Regulating social consensus and private beliefs is itself tyranny. The constitution is clearly designed to prevent exactly that outcome.

> Collusion to silence an entire set of viewpoints by unilaterally associating them with a minority of extremists is quite literally oppression.

This is not "literally oppression". There is no evidence that there was any collusion, only that violent overthrow of democratic processes is widely objectionable to many corporations and individuals. That many independent organizations came to the same conclusion is evidence that the system is working and that the idea itself has failed in the marketplace of ideas.


> violent overthrow of the democratic process

Trump did not advocate for a violent overthrow as far as I know.

> I consider a free society to be a competitive marketplace for ideas

That requires those ideas to be heard. If everyone segregates into their own political bubbles there will be no competition of ideas, just endless echo chambers.

> It's not and whatever the concept of "social monopoly" is can only make sense if there is one party controlling all social expression, which is obviously not the case

Eh?

The people controlling the big corporations that control most communication in the English speaking online world are of very particular political leanings. They might not control all expression but they certainly control most of it.

> But political views are not (and IMHO should not) be protected. This would be the equivalent of picking winners in the free market of ideas.

I don't see how preventing the silencing of some ideas is equivalent to picking winners.

I'm not necessarily saying political views should be protected, just disputing the validity of your logic here.

> That many independent organizations came to the same conclusion is evidence that the system is working and that the idea itself has failed in the marketplace of ideas.

You say "independant", but there are strongly dominant cultures in those organizations and the people admitted to them are from a specific subset of the population. They might be somewhat independant in that Facebook doesn't decide what Twitter does (though I expect there's cross-polination of people moving back and forth between them), but they're both drawing from mostly the same pool of people and ideas.

I expect that Trump supporters, for example, have little influence in Facebook the company.


You’re being facetious but I would unironically contribute to a community Cloudflare to escape their tyranny.


Facebook and Twitter are not essential platforms, and I detest the idea that they must be made to allow anyone to say anything on them.

If Trump really wants to get his thoughts out to the world, he can host his own website and publish them there. He can write letters to the editors of news sites and see if they’ll publish them. He can do TV interviews - any network would kill for those ratings right now.

Or he can stand outside and yell.

No one is entitled to a privately owned platform publishing their demonstrably violent rhetoric, even if they’re famous. Media platforms have always been allowed to be gatekeepers of whatever content they choose; the internet age didn’t change that.


> second-most voted for President in American history

The population of the USA is continuously rising. This is not an achievement. All it takes is an unusual voter turnout and a somewhat close election.

> because he isn't their brand of politics.

No. They banned him because at that time they determined that his violence encouraging speech was a real danger to society.

> he is a former US President - we aught to know what he thinks, even if we disagree or think it's outlandish - no?

Also no. Traditionally, former presidents live a more private life to pave the way for a new generation of politics. And even if you think he should be able to continue to influence the day-to-day political news, he has the ability to release press statements and contact any media outlet he wants.

Trump literally is an example that being banned from social media does NOT limit his public speech. Anything he puts out is discussed in mainstream media. Just a few days ago we were informed of his utterly stupid idea of using cancel culture to protest cancel culture.


> they've silenced the second-most voted for President in American history, because he isn't their brand of politics

1. The second - and third, for that matter - most voted for President is Obama (69.5 and 65.9M votes). Trump is the fourth (62.9M votes)[1].

2. He was not banned because he wasn’t ‘their brand of politics’, he was banned for inciting violence against the terms of those platforms. You can certainly argue Twitter and Facebook had - and have - a very inconsistent enforcement approach for those policies. But that’s not what you are saying.

[1]: https://en.wikipedia.org/wiki/List_of_United_States_presiden...


The guy got 74,216,154 votes in 2020. The second most votes in American History, only outclassed by the current President with 81,268,924 votes.[1]

Your other point is based on your own personal political biases, which just furthers my point about these platforms controlling the release of information (or disinformation) to the general public.

Just imagine if Twitter was a Right-Wing organization, and decided to silence the current President. How would that change this discussion?

[1] https://en.wikipedia.org/wiki/2020_United_States_presidentia...


That probably would change the current discussion, yes. An amazing number of people would flip positions.

For that to happen, though, the current president would have to do something that was at least colorable as a violation of terms and services. I haven't heard even right-wingers claim that this is so, so far. (But maybe I just haven't heard, not being one who listens to those circles.)


Well, just like anything can be securities fraud, anything can be a political lie. It just depends on perspective.


Right, but Trump wasn't suspended for political lying. He was suspended for inciting violence. Political lying is not a violation of the terms of service, so far as I am aware.


And the other side can point to the congressional hearings that didn't conclude he directly incited any violence. It's a tit-for-tat sort of thing, which is incredibly dangerous when we're talking about how the general public is "allowed" to consume information.


My point, which you continually seem to miss or ignore, is this: Trump said things that could be construed as violating terms of service (even though congressional hearings did not conclude that he did incite violence). And so we're in a he said/she said situation - was it incitement to violence, or not? But even if you don't agree, you could see that Twitter could consider it incitement to violence without being completely insane or completely political.

Biden has not, to the best of my knowledge, said anything that could sanely be considered incitement to violence. Banning him would not be in the same category as banning Trump. It would be much more blatantly political, because the excuse would be much more transparent.


Has Biden not violated Facebook and Twitters TOS when he deliberately continues his messaging about the Georgia voting laws? If you spend 2 minutes reading the thing, you'll see his claims are false at best, and deliberate misinformation at worst.

Are we to just ban politics from these platforms wholesale?


Deliberate misinformation != incitement to violence. What part of that is so hard to understand?

Is lying against Twitter's TOS? If so, then you have a sensible point. But I kind of doubt that it is...


The spread of deliberate misinformation is banned on both Twitter and Facebook. Here's Facebooks[1]

    You may not use our Products to do or share anything:
        * That is unlawful, misleading, discriminatory or fraudulent.
Here's an entire section from Facebook regarding "False News"[2].

Joe Biden's rhetoric regarding the Georgia State voting laws is clearly 2-3 of those. Why has he not been banned yet?

And the incitement of violence thing has been debunked pretty clearly. If one guy at Twitter can decide something was inciteful just because that's their opinion - despite all evidence presented during Congressional Hearings, then we're far more lost than previously assumed.

[1] https://www.facebook.com/legal/terms/plain_text_terms

[2] https://www.facebook.com/communitystandards/false_news


"he was banned for inciting violence against the terms of those platforms" So technically Trump should be un-banned after claims of incitement were contested and disproved in congress, right?


"There is no question that President Trump is practically and morally responsible for provoking the events of that day." -Mitch McConnell


You and I and McConnell might agree, but the congress didnt. Moreover, Trump was calling for everyone to chill when he got banned, which to me indicates really bad risk management on behalf of twitter and fb. They risked further escalation to avoid responsibility.


Congress' opinion didn't matter in this case, Twitters did, and since its their TOS they said he violated, they were free to kick him off their website.


Ever read Shakespeare’s Julius Caesar? There’s a certain speech you might find enlightening if you think Trump was trying to cool things off with those tweets.


> Regardless what you think or feel about the guy, he is a former US President - we aught to know what he thinks, even if we disagree or think it's outlandish - no?

So he aught to be able to grab a soap box and stand on your lawn every day and preach? He is a former US president so you are proposing he can go onto private property and say whatever he wants at any time.

> How can we, as a society, claim to value free speech, yet allow social discourse platforms to censor and silence political enemies?

Because you misunderstand free speech. Is the government going to arrest you for posting on twitter? No. However no one is required, not even the government, to provide you with a platform to speak on.

You want free beer speech. Speech without paying for it. Speech without restriction of any kind by anyone at any time. Why should we care about that?


I'm getting to the point where yes, I want to force these "private" companies to uphold civil liberties and principles such as innocent until proven guilty. I care way more about citizen freedom and expression than the concept of a "free market" which is a platonic ideal that has never existed and never will.


companies have speech rights that you would be infringing on by doing this


But why is a company's right to speech more important than a real person's civil rights? A company is a mere legal fiction and it's rights should not be given equal weight to those of actual human beings, especially for a corporation as large as Amazon.

Edit: I know the issue becomes murkier for things like mom and pop shops and sole proprietorships, but I am willing to make distinctions based on scale.


> the issue becomes murkier for things like mom and pop shops and sole proprietorships

No it doesn't. The mom, the pop, and the sole proprietor are people; they have rights, which certain curtailments of their business might interfere with. The businesses themselves do not.


Because a company is a group of real people making decisions together. There is no “legal fiction” deciding to not associate with certain others.


I still fail to see how that coordinated group of people motivated by profit takes precedence over the civil rights of an individual.


I fail to see how an individual loses their civil rights just because they joined a "coordinated group of people".


The individual who joined the "coordinated group of people" (the corporation) still have their individual civil rights, but the legal entity they constitute should not have it's rights valued on the same level as individual human beings.

If the corporation is being seen as a single entity then you should not consider it's employees' individual rights as the same thing. Or even combine them together to give more weight to the corporation's rights.


Freedom of association inherently involves groups of individual people mutually deciding to not associate with particular individuals.


"Corporations are people too, my friend."


I'll believe it when Texas executes one.


Sure it exists, but you need collective bargaining for it to be a level playing field. Content creators want to fight back against Twitch? Form a union.


This is the correct, and only viable, solution.

https://www.boundary2.org/2018/07/mueller/

The labor of digital creatives and innovators, sutured as it is to a technical apparatus fashioned from dead labor and meant for producing commodities for profit, is therefore already socialized. While some of this socialization is apparent in peer production, much of it is mystified through the real abstraction of commodity fetishism, which masks socialization under wage relations and contracts. Rather than further rely on these contracts to better benefit digital artisans, a Marxist politics of digital culture would begin from the fact of socialization, and as Radhika Desai (2011) argues, take seriously Marx’s call for “a general organization of labour in society” via political organizations such as unions and labor parties. Creative workers could align with others in the production chain as a class of laborers rather than as an assortment of individual producers, and form the kinds of organizations, such as unions, that have been the vehicles of class politics, with the aim of controlling society’s means of production, not simply one’s “own” tools or products. These would be bonds of solidarity, not bonds of market transactions. Then the apparatus of digital cultural production might be controlled democratically, rather than by the despotism of markets and private profit.


Yes, and I don't care about free market. We're already doing this, we're forcing private companies to do business with people they don't want to do business with right now.

I don't even care so much about social media, but banks and services that provide basic infrastructure to keep your own web services afloat shouldn't be allowed to discriminate people based on their politics.


> discriminate people based on their politics

It usually seems to be based on people's bigotry or sexual misconduct. I haven't yet seen a politics-based ban.

Regardless, politics is not a protected class, nor should it be. If your political view is fascist, why should you have the same protections as someone who is born a minority? One thing can be changed and can be thought of as evil; the other can't.


You can label anything fascism. Trump was labeled a racist and it's as stupid as calling Biden communist.

You should have protections so the corporations and bankers don't have too much power over politics.


> You can label anything fascism.

This is like saying that words don't mean anything, so we should stop trying to use them. No one agrees on a hard line between fascist and not-fascist, but that doesn't mean it's entirely an artificial distinction.

Is the ACLU fascist? What about Ron Paul? Obviously "no" to both of those.

And what about neo-Nazis who describe themselves as fascists?

> Trump was labeled a racist and it's as stupid as calling Biden communist.

Someone should tell that to Richard Nixon's Justice Department, who successfully sued Donald Trump for being racist in 1973[1]. Or you should tell the white supremacists who celebrated Trump's victory[2]. If you're going to fish for weak "both sides are the same" examples, you're going to have to find an example that isn't so easy to counter-argue.

> You should have protections so the corporations and bankers don't have too much power over politics.

Unfortunately the First Amendment gives corporations and bankers an enormous amount of power over what they choose to say and publish, which means they have political power. You can't do anything about that except scrap the First Amendment.

1. https://www.npr.org/2016/09/29/495955920/donald-trump-plague...

2. https://www.nytimes.com/2016/11/20/us/politics/white-nationa...


Sure, there are people who identify themselves as fascists. I didn't said it doesn't exist. But nowadays anything even remotely outside the status quo is called fascism by the lunatics on Twitter.

> Unfortunately the First Amendment gives corporations and bankers an enormous amount of power over what they choose to say and publish, which means they have political power. You can't do anything about that except scrap the First Amendment.

As you pointed out yourself, Trump was sued for refusing service to blacks. And yet, the 1A is still here.

> Or you should tell the white supremacists who celebrated Trump's victory[2]. If you're going to fish for weak "both sides are the same" examples, you're going to have to find an example that isn't so easy to counter-argue.

It's funny that you're posting Richard Spencer, because in this elections he was against Trump and he was celebrating Biden's victory.

He was supported by libertarians, nationalists, plain old conservatives or some liberals even. You can't be everything at the same time and this is a very stupid argument to make. Same goes for Biden.


> I haven't yet seen a politics-based ban.

Wouldn't Trump himself count?

> Regardless, politics is not a protected class, nor should it be.

I think it should be, because attempting to ban political views gets in the way of finding out which political views are better. I don't know what "fascist" is, but I can definitely imagine political views like "Communism is a good way to run the country" or "Capitalism results in the best outcomes for everyone" being banned and I really don't like it.


> Wouldn't Trump himself count?

No. He was tolerated despite his politics until he (arguably) incited a seditious attack on Congress and his own vice president.

> I think it should be, because attempting to ban political views gets in the way of finding out which political views are better.

The problem is that "political views" is not a defined term. What if I employ 50% Irish employees and have someone who says, "I hate the Irish and wish they'd never ruined this country"?

It harms my business to have that person around. It is bad for my brand, it's bad for my other employees, and maybe I just don't want to hear those comments myself. Why should the government be able to force me to pay that person?

Or, in the case of social networks, why should the government force my employees to publish that content, maintain it, and keep it backed up for millions of people to see?

> I don't know what "fascist" is, but I can definitely imagine political views like "Communism is a good way to run the country" or "Capitalism results in the best outcomes for everyone" being banned and I really don't like it.

These kinds of comments are protected by the First Amendment. You can publish them, and you can shout them on the street. But you can't force people to like you or employ you if you say them. These ideas won't die out because of social pressure.

Also, thousands of websites (including Parler) already ban one or both of the statements you included. It's just that no one really cares because they're small sites.

So at what point do you say that a company is too big to be allowed to decide what they publish? Is it 100M users? Or 500M? If MSNBC or Fox News had 2 billion viewers, should they also be forced to air videos produced by any group?


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

I don't think OP actually said this.

But yes, like most people, I want this to happen sometimes. For example, I want a hotel to have to lodge Indian people, whether they actually want to or not.

In other cases, I don't want this to be legally required, but still will complain if I see something that indicates a lack of character. Not everything I think is shitty should be illegal.


It's incredible stupid to say that protecting an ethnicity (something that can't be changed) is tantamount of protecting ideology (something you are not born with and something that sometimes includes advocating for violence).

Also, no one is illegalizing anything by banning it from Twitch.


Is being alterable really the important distinction here though?

If I invented a machine that could change physical features between the various ethnicities of the world, would banning Indians from your hotel suddenly be ok?


> Is being alterable really the important distinction here though?

Yes. This is literally the entire argument against racism: judging someone for physical traits that have no bearing on their character.

> If I invented a machine that could change physical features between the various ethnicities of the world, would banning Indians from your hotel suddenly be ok?

No, for many obvious reasons.

1. Looking Indian (or not) still has no bearing on that person's behavior or character.

2. It would cost money and be an identity change, so not everyone could/would do it.

I can't believe anyone is seriously asking questions like this in 2021. Read a book.


> This is literally the entire argument against racism: judging someone for physical traits that have no bearing on their character

Isn't it the "no bearing on character" thing that's the issue? Rather than the "physical" bit?

> 2. It would cost money and be an identity change, so not everyone could/would do it.

This would also hold for political ideas.

> I can't believe anyone is seriously asking questions like this in 2021. Read a book.

Please consider whether what you are saying is more than empty posturing. If you actually did want to educate people you wouldn't say "read a book", you'd mention a particular book.


Did anyone here say that? I didn't and I haven't seen anyone else do so.


You just described a big part of why people do not like free markets. Corporations are allowed to accumulate an enormous amount of power and then use that power to abuse whoever they want (aside from a sliver of circumstances covered as protected classes).

I think want most people want is a reasonable middle ground, not unchecked corporate power.


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

How deep does your commitment to private corporate power go? For instance, suppose Comcast decided it doesn't want to provide cable or internet service to a particular cancellee. Does this bother you, or no? Does it matter if it's a monopoly setting? If it does, suppose we're in a duopoly market, and both companies refuse service to the cancellee. Does this worry you?


Would you be ok with businesses refusing to serve accused/convicted criminals? How about illegal immigrants? If the standard is law-breaking does it meet the definition of non-discriminatory?


Do people really deserve an entire lifetime of exclusion even after doing their time? Even the Catholic Church in medieval times was more forgiving in many cases


Why does everyone talk about the government forcing companies to do things whenever somebody criticizes a company policy? A company can be criticized without the speaker implying that there needs to be legislation.


Why does everyone talk about the government forcing companies to do things whenever somebody criticizes a company policy?

Because there are plenty of people claiming companies are being unconstitutional and/or that there should be laws that prevent companies from taking actions like banning people from platforms/etc.


Especially when such critique is how we're supposed to resolve most disputes in a free society.


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

Yes.

> We aren't talking protected class here

That's besides the point. There are many limitations on private companies picking and choosing who to do business with that apply beyond protected classes, including common carrier regulations[1], regulation of (some) private property as a public square[2], and requiring broadcasters to run political ads[3].

[1]: https://en.wikipedia.org/wiki/Common_carrier

[2]: https://en.wikipedia.org/wiki/Marsh_v._Alabama

[3]: https://www.broadcastlawblog.com/2012/01/articles/why-broadc...


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

OP didn’t make that argument, and I’m not going to make that argument.

That said, with or without government coercion on the counter party, innocent until proven guilty is a fairly good standard to apply. It’s more important when it concerns the use of government force, but that doesn’t mean it is unimportant when dealing with private parties and it is fair to judge Twitch for not applying innocent until proven guilty as a standard when it comes to Twitch-streamers.

It’s easy to get someone arrested, and it is easy for a cop to make an arrest. An arrest is not a presumption of guilt and shouldn’t be used as a signal of guilt.


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

I didn't see him mention the government at all. Just because you think something is wrong to do, doesn't automatically mean the government has to get involved.


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

We do have a set of reasons you can't refuse service to people for (race, religion, etc), and if you get classified as a utility you generally have to serve everyone, so it's not exactly an exotic idea.

Some of these services are entering a more ambiguous state. Twitter and Facebook have official government communications flowing through them. Banning people may eventually have more serious consequences closer to the "having your water cut off" situation.


> Banning people may eventually have more serious consequences closer to the "having your water cut off" situation.

This can be resolved by improving interop and competition among social media, not by forcing moderation decisions on private companies.


Every decision is discriminatory. The "protected classes" we have chosen are arbitrary selections based on our societies current opinions about minorities. Every time a business chooses to not do business with somebody, they have discriminated against them for a particular reason. Not enough qualifications, not enough money, didn't like their personality, didn't get a good vibe, didn't like their attitude. Whatever. You can find multiple other people to fit into those same categories.


Where are the calls for government intervention in the comment you're responding to?


>That's called a free market.

Does for example a few giants that dominate social media ,mobile platforms, consoles,media, ISPs actually/really/100% meet the criteria of a free market ? I am no economist so my naive interpretation is that you need many smaller agents actually competing no 2-3 giants sharing a market and abusing their share by killing any small competitor that appears.


You said it yourself though, the market isn't completely free, and this is widely believed to be a good thing.

You cannot discriminate against me because you don't like where I come from. You cannot discriminate against me because of my race.

Some people believe these protections should generally be extended to beliefs or political tribes or other forms of identification.


> So you want the government to force

Not OP, but I don't want the government to force private companies to do anything - I want everybody to wake up and stand up against corporate censorship and abandoned Twitch en masse in protest. That's probably as likely as government enforcement, but a man can dream.


no such thing as free market under natural monopolies enforced by network effects.


People invest massive amounts of time to build a following and create content on those platforms. It seems reasonable to ask that it can't be taken away from them at a whim. However, in theory, they should have read the contract before entering it. If they accept those terms, perhaps they should have to live with it.

An analogy would perhaps be a musician signing a contract with a record label? I think they expect some reciprocity, like if they owe three albums to the label, the label also owes them marketing for those albums.


> We aren't talking protected class here

We do. All the people should be protected. That was the point of the French Revolution, no special rights to anyone, everyone is equal under the law.


>We aren't talking protected class here, we're talking private companies picking and choosing who to do business with via non-discriminatory means.

These are discriminatory means, they just aren't ones we have universally decided are wrong to deny services based upon. What happens when we start denying services to those arrested regardless of conviction? Won't this have disparate impact on certain protected classes?


I want the government to force private companies to charge the end users for their services, and to start enforcing anti-monopoly laws. This will very quickly introduce competition to the market and will align the corporate behavior with the interests of the users.


> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

The parent clearly didn’t say any such thing. One can criticize a company without demanding simplistic, heavy-handed government intervention.


To mirror fishe's comment:

> So you want the government to force private companies to continue doing business with someone they no longer wish to provide services to?

redm made no such suggestion. They lamented what they perceive to be a problem. They offered no comment on remedies.


Twitch makes their streams public - no account needed, and no login needed to view them.

It's arguable whether this is truly private - I'm not taking a position here, just that this is contested law [0].

Twitch would have a much stronger position if you had to be logged in to view the content.

One analogy to this is the regulating power that the government has over broadcast TV vs cable TV - the restrictions tend to be quite different.

[0] - https://crsreports.congress.gov/product/pdf/R/R45650/1

- - - - - -

EDIT: Added reference [0], which is from the non-partisan Congressional Research Service


The "private" companies live in a heavily-scrutinized regulaory environment, where politians also routinely demand that they take action.

These are no longer private companies anymore.


It seems to me excluding even convicted criminals, is discriminatory. Let's pretend we're talking about an "ordinary" crime like armed robbery, instead of one of the ones the news media like to obsess about (which would be terrorism, hate crimes, child porn, and mass shootings - and back in the day that list would've included the Mob). Once the ordinary armed robber has been convicted and served their sentence, they come out of prison and face enormous barriers and discrimination, and that's not exactly fair. It's not clear from the article what Twitch will do in those cases though; all they do is define a list of exotic "misconduct" activities, most of which are crimes (and by the way, ctrl-F "crim" yields zero results in the page). I don't see a link to the original announcement they're reporting on, and I have to admit that I don't actually care enough to go hunt it down from the horse's mouth, but that is usually better.

Anyway on to the "free market." I have yet to see one in action. There is always meddling by unfairly-advantaged players and competition is never perfect. But more to the point, a free market is not magic or a god or even intelligent, and doesn't necessarily make good decisions on behalf of humans. It knows nothing of what's good or what's right. The one thing it does well is allocate finite or scarce resources. But humanity is not a resource, and even at their core task, markets make mistakes all the time.


> we're talking private companies picking and choosing who to do business with via non-discriminatory means.

The phone company can't cut you off because they don't like your behavior or who your associate with. Why should Twitch be able to? Twitch is a communication platform, too.


“If the rule you followed brought you to this, of what use was the rule?”


Where did GP say anything about the government?


Do you support the right of businesses to refuse business to homosexuals, for example, on religious grounds? If you come back with “homosexuals are legally a protected class”, that’s evading the question and functionally equivalent to “no I don’t actually support freedom of association”.

I ask because in my experience most people on HN only support freedom of association when it’s politically expedient for them.


[flagged]


The claims of "cancel culture" may well be from people who should be "shunned from society" (as some would say), but it's very true that some people (definitely not all) "practicing" cancel culture can have a "guilty until proven innocent" mindset. Being correct often does not mean you're always correct; The left is not immune from hiveminding.

I say this as a left leaning person.


It's not even left leaning thinking. It's just socially extremely progressive neo liberalism. Most marxists would be aghast at the idea of siding with giant corporations to unperson and deny dignity to an individual with a non mainstream political opinion or what have you.


Yes, mob justice and public humiliation are very useful when people do and think things you don't like. Just what we need to deeply heal our damaged society.


Except there was no "mob justice" here; you are overreacting and using terms that should be reserved for violent consequences in situations that do not justify such words.

I understand why you have to exaggerate, though.


And I can understand why you have to minimize. Although, I don't understand how anyone fails to fear the consequences of "people being held accountable by society for their conduct"—an idea that gladdens the hearts of authoritarians, sectarians, and zealots who are absolutely convinced of their righteousness and moral superiority. It will not result in healing, but in deeper division and ever greater polarization. Healing starts with forgiveness and compassion, not with insults, firings, banishments, purity spirals, and language policing.


I would say that a compromise position can be found.

Certainly I join in your healthy fears of some misguided actions which have been attributed to "cancel culture". And I also concede that there have been quite a few such actions.

However, I'd also ask that you recognize that many of the reactions and consequences attributed to "cancel culture" have been entirely justified, and appropriate, and have resulted in overall good outcomes to society.


You don't wait for a violent consequence you prevent it. In classical realism or game theory you prepare your defenses according to what your adversary COULD do, not what you think they're going to do. Any and all pushback against giving tech companies the power to do something awful they haven't done yet and may never do is justified. You don't just roll over and say "oh, don't worry, it'll be fine they'd never do that."


There is nothing useful or healing about it. You can do that to a single person, not to a half of your country.


No one understands the true nature of the "woke mob" and "cancel culture" until several thousand people on the interwebs threaten to have you fired, shot, and your family murdered because of a simple mis-understanding. Until this happens to all the virtue-signaling crusaders out there they will continue to claim cancel culture doesn't exist, that only the racists, white supremacists, and "people who deserved it" have this happen to them.

It's not possible to apologize in these cases as if you admit any culpability it WILL be used against you to do as much additional damage as can be done. You can't backtrack, you must simply weather the storm and hope your employer who's known you much longer than a pack of wild woke-mobbers will give you the benefit of the doubt rather than assume that you eat minority children for breakfast.


https://www.businessinsider.com/barack-obama-slams-call-out-...

> Former President Barack Obama derided "call-out culture" in a speech at the Obama Foundation summit on Tuesday, saying achieving real change was more complex than being "as judgmental as possible."

> "That is not activism," he concluded. "That is not bringing about change. If all you're doing is casting stones, you are probably not going to get that far."


There was no "red scare". Joe McCarthy was simply holding Communists accountable for their beliefs.


This is such an apt retort that I'm sure people are downvoting you out of pure cognitive dissonance.


Why can't they just disagree with the analogy? After all, analogies are inherently a comparison of two different things. People are prone to reaching for analogies as essentially just an insulting oversimplification, by pointing to something Very Bad (frequently a dramatic historical horror) and simply declaring that it is equivalent to whatever they're criticizing. Part of the allure is the positive feedback back-patting that frequently comes with it, without adding anything else (e.g. your reply, and the "insanely apt" reply from a now-banned account).

Regardless, it's destructive to reasoned discourse to treat people like enemies ("cognitive dissonance" is being used as an insult here) when the only thing you know is that they disagreed with you.


It's insanely apt and spot on. I'm going to be using it from now on.


He's being down-voted because it's whataboutism. It's no different than the 50 Cent Army that suddenly cares about Native Americans when the topic of the Uyghurs comes up. Yes, the red scare was bad, yes the US's treatment of indigenous people was bad. Everyone agrees about this. There's no school district in the US that uses a history textbook that says the Sioux deserved it and McCarthy had the right idea. The fact that similiar bad things happened in the past does not excuse them in the present. If anything it makes it more reprehensible that they happen today despite the example of what to do.


Whataboutism can sometimes be a valid declaration of hypocrisy.


But there's no hypocrisy. Nobody is saying McCarthy was right or endorsing his tactics.

Edit: It appears I may have misinterpreted the initial comments sarcasm as a "if McCarthy could do it then it's fair game" rather than a criticism of modern outrage mob tactics.


Plenty of people in this thread have effectively endorsed McCarthyism. You don't have to look far - https://news.ycombinator.com/item?id=26730485


> Nobody is saying McCarthy was right or endorsing his tactics.

You are correct that they are in fact not saying that; the hypocrisy is in then turning around and saying that cancel culture is right and endorsing their tactics.


I don't understand where you're coming from because I absolutely see the woke crowd using McCarthyite tactics.


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It's also nothing new. Consider the Congressional hearings about rock and roll in the 80s[0], or other moral panics like Prohibition. Anti-abortion groups are a particularly vile form of cancel culture. Politicians will be silently cancelled (not elected) for not publicly pretending to believe in the right sky fairie.

Societies have always shut down behavior and media they collectively find inappropriate. There's no need to track this as anything other than a continuation in a long history of collective groups of humans doing what they do.

[0] https://www.youtube.com/watch?v=1OceijOEVqU


> There's no need to track this as anything other than a continuation in a long history of collective groups of humans doing what they do.

That's fair and accurate as far as it goes, but it doesn't really negate the need to oppose this particular continuation of said history, any more than it negated the need to oppose eg Prohibition or the Spanish Inquision when those were happening.


There is a need to negate the narrative attributed to the phrase "cancel culture" - said narrative is that liberals are censoring conservative voices. (IE, it's often discussed as a directional issue, and not a systemic one.)


Actually I don't really care about conservatives getting censored[0]. I care about decent people, the ones who are not liberals or conservatives[1], getting censored or otherwise attacked for not supporting liberals (or McCarthists, or Christians, or whoever happens to be popular at the time).

0: except in a "huh, the canary just died" kind of way.

1: or whoever happens to be popular at the time.


Ah, in that case, one small bit of feedback - you might find a new term, rather than "cancel culture". To my understanding, that is a rallying cry for the American right wing. Specifically, it seems to be a criticism of a situation where private businesses decide what behavior is disallowed on their platform, especially when the violating entity is a conservative.


> a situation where private businesses [and the outrage mobs they listen to] decide what behavior is disallowed on their platform

Yes, that's (a significant part of) what I'm referring to.

> rather than "cancel culture"

Actually, I generally call it "social justice".


Cancel Culture is not deliberately misleading, unless you think it is ok to lose your job because you cracked your knuckles. Being held accountable by society is one thing, losing your livelihood is another. Most major crimes have a statue of limitations, but cancel culture doesn't. If you said something 10 years ago, that is enough that apparently you should never work again. Is that the kind of accountability we want? One person asked me, why should someone keep their job who doesn't believe in Sandy Hook? Why should they lose their job because of their belief? The punishment doesn't fit the crime. Look at the recent Madorlorian firings. One person says we are going down a dark path, and is fire. Meanwhile her corworker likens American to nazis (using photos from a different country) and he keeps his job.

So no, it isn't a way to describe people behing held accountable. It is a thing that is going on, by a small group to get rid of people that they don't like. It is abhorrent, and it is very toxic. It is most definitely not how society is supposed to work. I may not like what you have to say, but I will fight for your right to say it, and "sticks and stones will break my bones, but words will never hurt me" is how society is supposed to work.


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If it isn't a thing, why does a wikipedia page exist for it? https://en.wikipedia.org/wiki/Cancel_culture

You can say you disagree with "cancel culture" being used pejoratively, but it absolutely exists in the minds of many.


Lots of things have wiki pages. Godzilla has Wikipedia page and exists in the minds of many. Doesn’t mean Godzilla is real.


You'll be less confused if you stop conflating government and private business.


Given how likely it is in the future that we're going to see more Christchurch like 'livestream terrrorism', combining media spectacle with violence this is completely reasonable. If there's indication that you may use Twitch for that kind of thing not letting you on the platform makes sense.

We need to stop throwing 'cancel culture' at everything. If you're known to be an advocate of violence or a lunatic they don't let you on public television or radio either.


Imagine if ISPs had rules like this. Oh, somebody from your company said or did something we don't like? We will suspend services for your company to combat this behavior.


Well, they are doing that, just not quite as much yet.

To the extent they're not, the difference is that ISPs don't have their logo on the services they host.


You mean like a social credit score?


The infantile hyper-moralization of online discourse, on social media but also elsewhere, is starting to get really, really tiring.

Is there any solution other than total anonymity, keeping one's online and IRL personae hermetically sealed off from one another?

What do you all think? Is this atmosphere here to stay or do you expect the winds of culture to shift anytime soon?


You have nothing to gain by using your real information online. Everything to lose.

I don't consider HN a social network but more like a casual linkedin.

For all other uses, anonymous. Always. Put gibberish as username and drop in false info in bio fields.


> Is there any solution other than total anonymity, keeping one's online and IRL personae hermetically sealed off from one another?

In my mind there really isn't. Or at least having a single platform that you are the "real you" that is completely whitewashed of anything other than harmless platitudes (see how most CEOs present themselves online for an example of this). (Oh and make it impossible to use that account from your cell phone so you're unable to use it when drunk or otherwise inebriated.)

Then you can have a bunch of different accounts online that use other names.


I don't think the general public is anywhere close to understanding the full value of being able to control discourse on large platforms like this. We will likely continue to see a trend towards tighter control of speech as political activists realize that they can have greater impact by silencing their opposition on social media than they can by protesting in their local city center.


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The problem is that the "online outrage mob" often defines "hate crime" as anything they don't like or hurts their feelings. Ie something subjective.

Now, I don't know how well Twitch define what you can or can't do. I didn't read their terms, the article states:

It said examples of this “severe misconduct” include terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault and threatening Twitch or its staff.

Which by itself doesn't sound so bad. All of those things are definitely things I would want to disassociate my company from and are bad. But I question whether Twitch is a good judge... I certainly don't trust a corporation and its employees, many who have their own views and agendas, to give a fair "trial" and due process. There have been plenty of examples of rogue employees pushing their own agendas in companies and there's no oversight. What is the appeals process like? How thorough are their investigations (and how well will they handle the equivalent of swatting)?

That's what the legal system if for, even if its not perfect either.


I don't think I will, actually.

Assuming you aren't being disingenuous, by "hypermoralization" I was referring less to this specific action by Twitch and more to a general cultural phenomenon, developed over the past decade and greatly intensified since ~2015, which made Twitch's actions seem normal and possible in the first place


How about we do something silly like letting the police and justice system handle things like "credible threats of mass violence" and "hate crimes", since both are fairly illegal, at least in the US.


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History tells us quite clearly that extra-legal justice systems as a response to even some of the worst justice systems creates more problems, not fewer.

So no we shouldn't, to use your phrasing, react as we see fit. That's how humanity has historically justified lynching.


Except this isn't a justice system, and doesn't have consequences remotely similar to a justice system.

I've taken a -30 karma hit for this particular opinion already, despite very polite language. May as well go for -35.


Tell that to people who are now without jobs because of witchhunts. Jobs which are required in our society to have food on the table, a roof over your head.

Some folks who have been dropped from Twitch thanks to mob justice - where there's no actual crime - can't find a job in the entertainment industry anymore. Imagine being completely blacklisted from your industry because you were reported to have made someone uncomfortable (whether it actually happened or not).

Google never forgets, and people never forgive.

EDIT: To me, politeness doesn't make up for encouraging vigilante justice. My state has a long history of vigilante justice, and it's not pretty.


You're still misstating the issue; the "justice" in question isn't being executed by "vigilantes". It's a reaction of large institutions to someone's conduct.


That's because I see zero difference between an institution and a mob of individuals. It's still extra-legal justice handed out by people. One simply does so while also holding a business license.

EDIT: To be concrete: Pinkerton's (a corporation) was just as bad as the lynch mobs.


How is losing your livelihood, potentially being blacklisted from the industry entirely, not commensurate to judicial punishment? That’s exactly the sort of punishment we impose on computer hackers.


If you can't tell the difference between that and jail, I'm not sure how I can explain it better to you.


Why do you think jail is the only punishment doled out by the judicial system? As I just wrote, we ban computer hackers from using computers for life - that's not jail. ~Cancellation~ exile was a preferred punishment, also not jail. We currently sentence people to community service and other metered, lesser acts of contrition/penance/punishment. For instance, we make graffiti artists clean up their art with soap and water (still not jail). Another favored punishment is the fine, in which society confiscates ill-begotten proceeds or perhaps resorts to mere punishment as recompense.

I don't see much of a difference between a judge issuing a fine and an Internet mob merely destroying your life besides due process.


What is the record of our corporations? When did our multinationals become paragons of moral virtue and arbiters of righteousness? Do you think companies will only do things you like with this new found power?


Political stance as protected class? Revocation of 230 under some conditions? Hell of a blunt tool, but the threat of that sort of regulation might sufficiently scare companies into providing spaces more healthy for speech.


Agree or disagree I don't really see how this is news.

Companies like Twitch will ban people they don't like anyways, they don't need an explicit rule. It seems obvious that someone who commits violence or hate crimes will get banned from popular social media platforms.

Also all of the "severe misconduct" that they state are obviously bad things, like bigotry or actual crimes. Of course they could call "severe misconduct" anything they want, like supporting the Amazon unions. But they could ban the supporters and give whatever explanation they want anyways.


Quite a few Twitch and Youtube streamers are moving to their own platform. I think the only thing holding them back was finding a way for people to make payments or to have advertising. Apparently people are finding ways around this obstacle?


People are learning to start on youtube and twitch but if you want to make money you have to transfer your audience over.


sponsored content, their own advertisements in their content, and patreon?


I think that part is easy, but making the tech stack affordable is the problem. Serving a 5Mbps stream to 10,000 users for 8 hours a day is 120TB of data, and if you do the naive thing and just use AWS for that, you're looking at egress costs in the range of $180,000 per month (that's 5 cents per gigabyte). So you need some specialized solution, and that spirals into being a hard problem for content creators to solve.

Having said that, you can certainly build a CDN that pays less than $200k/month in transit costs (the ISP I worked at charged $1000/month for 10Gbps IP transit) -- obviously that's not what it costs Twitch to provide the service. But then you start hiring software engineers and network engineers to build all that, maybe take some VC funding because you have an actual business model and tech stack now, maybe sign some advertising deals to placate your board and attract more streamers that want revenue share, and then the advertisers start being upset about content, and you create a content policing team, and boom! You're Twitch! You ban someone, the Internet hates you, and all you have to show for it is a 8 million dollar per month AWS bill :)

Thought long and hard about how to build an open source tech stack for streaming video and somehow monetize it, and it always seemed like either I would become Twitch, or I'd just be UNIX helpdesk for some gamers with million dollar AWS bills. Didn't do it, but I wish those who are doing it the best of luck.


My employer can fire me for severe misconduct that occurs away from the office. Is that any different? Isn't this normal at most companies?


Depends on where in the world you live. Also depends on the kind of misconduct. In general I'm of a mind that it isn't any of my employer's business what I get up to when I'm off the clock. If they can define "misconduct" in a sensible way they're probably free to add it to my employment contract, in which case I can decide for myself whether or not to work for them. Anything less is arbitrary nonsense and will likely result in legal action.


There's such a huge grey area, though. On one extreme: I work at a desk job and it'd be insane for my employer to fire me for getting a speeding ticket doing 70 in a 65 zone. On the other: if I were shown in a CNN video carrying a swastika flag in a parade, I absolutely 100% expect I'd be jobless by the time I got home. I wouldn't pause for a moment at an employment contract that says the latter violates their rules.


Not in California. Political activity off the clock is legally protected.

Because it isn't ever actually carrying a swastika flag. It's supporting the opposite side of a current contentious issue like abortion.


Making a hostile environment at work probably isn't protected, though, and that's what carrying a swastika flag on national television will make.

As soon as I know a coworker is running about carrying a swastika flag, I can never feel safe around that coworker again.


But what someone does outside of work and not involving coworkers is, by definition, not a part of the workplace environment.

Treating everything about a person as within scope for personal concern is one of the things that really strongly turns people against each other. It shouldn't matter what someone believes or does on their own time, whether it's a right-leaning company with a gay employee, or a left-leaning company with a right-leaning employee.


That's not reasonable, and I don't think anyone truly believes that. For instance, if a black guy's boss talks about attending a Ku Klux Klan meeting, you can't honestly argue that said boss leaves that all at home when they meet at work in the morning.

Wherever you are on the political spectrum, I'm sure you can imagine someone engaging in some form out outside-work activities that would make you feel personally unsafe at work. If that person got fired, not for their beliefs but for their actions, then, well, that's the consequence of making a hostile workplace.


you can't honestly argue that said boss leaves that all at home when they meet at work in the morning

If they never mention their non-work life at work, and work is going fine, then isn't that pretty clear evidence that they are leaving it (whatever "it" is) all at home?

consequence of making a hostile workplace.

It's pretty easy to argue, and yes argue honestly, that any hostility here is introduced by the person who brings up something from someone else's non-work life while at work, when previously the two were separate. That's actual harassment.

Someone having an opinion we don't like but that they never bring up at work, is clearly not workplace hostility or harassment on their part.


> If they never mention their non-work life at work, and work is going fine, then isn't that pretty clear evidence that they are leaving it (whatever "it" is) all at home?

No, because it calls all of their decision making into question. Why did they give a promotion to the white guy instead of the black guy? Was the white guy truly the better candidate, and the fact that they were at a Klan meeting had nothing to do with it? Could be, but I know what the black guy's labor attorney would be presenting as evidence to the jury.

> It's pretty easy to argue, and yes argue honestly, that any hostility here is introduced by the person who brings up something from someone else's non-work life while at work, when previously the two were separate. That's actual harassment.

That's actually messed up. "I'm offended that you're angry that I attend Klan rallies. You're harassing me!"

That simply isn't how the world works, nor should it be.

> Someone having an opinion we don't like but that they never bring up at work, is clearly not workplace hostility or harassment on their part.

That doesn't fly in a courtroom; again, nor should it. Some opinions are a matter of two people seeing the world through different eyes, and that richness of experience is wonderful and fertile soil for learning. And some opinions are a toxic mess that bring real harm to the people around the ones holding them.


That's actually messed up. "I'm offended that you're angry that I attend Klan rallies. You're harassing me!"

Here are some equivalent ways this can go just to emphasize how important it is to keep work and not-work separate:

"Oh, you let your daughter/wife/girlfriend have an abortion? I simply can't trust your judgment, you are creating an unsafe space at work."

"Oh, you have an unwed live-in partner? You are a danger to society and cannot be allowed to work here."

"Oh, you uploaded pics of yourself at a gay club. Sorry, that kind of depravity has no place at a Christian company."

"I see you Liked BLM, and not the outdoorsy wilderness BLM. You must be a criminal rioter, we can't let you work here."

"Your 100% legal and ecologically necessary for herd management deer hunting activities make me feel unsafe because I don't like guns or bows. Anyone who bow hunts or owns a gun cannot be trusted. You need to be reported to HR and fired."

----

some opinions are a toxic mess that bring real harm to the people around the ones holding them.

Problem is you'll never get universal agreement on what constitutes an irredemably toxic opinion. You really have to prove this with actions. If someone is behaving badly at work, then they should be reprimanded or removed as appropriate. If they have been convicted of a crime relevant to their work, then they should be watched very carefully if not removed. But harassing or firing or unpersoning someone for thoughtcrime/precrime is antithetical to the principles of a free society.


> "Oh, you let your daughter/wife/girlfriend have an abortion? I simply can't trust your judgment, you are creating an unsafe space at work."

The employee's action doesn't create a hostile work environment (see https://legaldictionary.net/hostile-work-environment/ for a definition).

> "Oh, you have an unwed live-in partner? You are a danger to society and cannot be allowed to work here."

The employee's action doesn't create a hostile work environment.

> "Oh, you uploaded pics of yourself at a gay club. Sorry, that kind of depravity has no place at a Christian company."

The employee's action doesn't create a hostile work environment. The employer's reaction did, though.

> "I see you Liked BLM, and not the outdoorsy wilderness BLM. You must be a criminal rioter, we can't let you work here."

The employee's action doesn't create a hostile work environment. If a video of the employee showing them throwing molotov cocktails at police or storming the US Capitol goes viral, you could reasonably argue that their actions reflect poorly on you, their employer, but you can't discriminate against them for having a positive opinion of BLM.


This is exactly it - Thank you.


Prince Harry, John Cleese etc beg to differ. Or are we working with hypotetical actual nazis? 5g covid thruthers?


Almost every rule has an exception or two. In general, however, most of us aren't working with folks seriously into theater and such things.

Even when folks are, I'm still suspicious until they prove otherwise.


That's absolutely not what I've seen in the news. No one's "canceling" run-of-the-mill conservatives for run-of-the-mill conservative views, but there've been literal swastika flags in alt-right parades.

I have and will cheerfully work alongside people with whom I have significant political disagreements. I absolutely would not share an office with, say, an actual white supremacist. That's a hostile work environment and I want nothing to do with it.

Edit: There's a wide gulf between "political activity" and the stuff I'm talking about. You're a Republican? Fine, I'll discuss this with you over lunch and we can have fun teasing each other about our various beliefs. Get arrested storming the capitol? Yeah, that's a jobstopper.


Can your employee fire you for your religious beliefs?

Twitch will most certainly fire you if you believe certain things about marriage, for instance. Things I don't happen believe, I have to add.


What about your ISP or electrical company or other service provider? Can they shut you off because you did or said something they don't like? What about your payment provider or your bank?

Twitch are providing a service to streamers, they are not employing them.


Streamers don't pay Twitch for the service. Twitch pays streamers in return for the ad revenue/subscriptions that they generate. They make Twitch money and get a tiny part of it in return. It sounds a lot more like being employed than being a customer. It's the subscribers who fit the picture of service customers.


> My employer can fire me for severe misconduct that occurs away from the office.

I'm certain it would be considered wrongful dismissal in many jurisdiction.


Good to know what witch-hunt enabling policies are still in full force. I was getting a bit worried there with all this talk of free-speech and forgiveness.

Burn them all!

/s


Interesting, but this policy already exists. Nairo a top 10 Smash Bros competitor was banned after false accusations of pedophilia months ago. He remains banned to this day.


Yup, the usual debate of innocent-till-probven-guilty vs private-companies-wcan-do-what-they-want.

I propose a simple solution: iff company owns > X% of the market (for some TBD value of X, maybe 80%), then it must follow the same laws as federal gvmnt (respect freedom of speech, proper due process, etc). Reasoning: if they own that much of the market, they may be unavoidable (like gvmnt) and thus must follow the same restrictions to make them palatable to the public.


I have a hard time with this. Don’t get me wrong overall I am for banning terrorists, pedophiles etc. from services like twitch, but, it needs to be done in a smart way.

The concerns I have around this is that

1. It’s not clear where you draw the line of what counts as severe misconduct

2. What happens if someone did something that counts as severe misconduct five years ago and today they are a completely different person. Will services like twitch take this into account when deciding whether someone should be banned?

3. How easy will it be for people to abuse this system and get innocent people they don’t like banned from using services like Twitch. Will they put in place a proper appeal process or will it be similar to the appeal processes we see in other big companies in which there is no one you can actually speak to.

Banning people from a service is an often necessary but extreme action that needs to be done with care. When it is for something that someone did while using your system it is easier to be confident that the ban is justified. Banning people for actions outside of your system is really uncharted territory so it will be interesting to see how this plays out and to see how many false positives there are.


#3 is the interesting outcome. Many valid and not valid complaints will be made. Twitch will pick favourites and ban. Things will be unfair. Good people will leave and unwanted people will find a way to stay under new names. Revenge clans will be organized. Sounds ugly.


Specifically, when it comes to entertainment and mass market stuff like this, the rules have always been crystal clear:

1. Make us money. Make us so much goddamned money. If you don't, we'll probably just get rid of you at some point

2. Don't embarrass us, cost us money, waste our resources, bring media scrutiny upon us, make literally any small part of our life even a little bit more difficult, or screw with us.

Rule 2 is a very flexible scale that depends on rule 1. Wasn't there that streamer that abused her cat live on stream and she still is a golden child of the platform?


I agree about rule number 2 although that has seemed to have changed a bit more recently with the banning of Trump and other extremely popular right wing social media users from multiple platforms


>I am for banning terrorists, pedophiles etc.

Who is a terrorist in your opinion?

Pedophiles? Pedophilia is the sexual attraction to prepubescent children. It isn't anything more than that. Puberty normally begins from 9-11 in girls and 10-12 in boys. All the research done to date has shown that pedophilia develops in the womb, hence people are born this way. No different than homosexuality. Also, most pedophiles don't molest children and most child molesters are not pedophiles. The molestation is usually done because the person has access and control over the child, not necessarily attraction to the child.


so now you can go look for any controversial comment made by a streamer you dislike, on any platform and Twitch will gladly deplatform them, leaving them with the usual byzantine ban appeal process to get back on the platform?


This is actually creating an opportunity for a reasonable competitor to show up - with Twitch deciding they are going to play "Internet police" their competitor does not actually need to be "Wild west", it simply needs to offer "We only police our service" while providing similar quality of experience.


Have a clear set of rules. And apply those equally. I don't ask much, like if you stream outright porn on platform and that is banned, maybe you should stay banned... Or if someone gets a pass everyone should get a pass...


> "evidence, such as screen shots"

document.body.contentEditable = 'true'; document.designMode = 'on';


This is probably directly related to harassment that streamer/youtuber Drift0r was subjected to at the hands of another streamer.

https://www.youtube.com/watch?v=NqQLSCnUCVU


Thank you for the context!


> Live-streaming service Twitch will ban users for offenses such as hate-group membership or credible threats of mass violence that occur entirely away from the site, in a new approach to moderating the platform, the company said on Wednesday.

Can't be part of a hate group or threaten violence no a mass scale. I believe the only reason that banning these two things are considered an infringement on free speech are because they are core to American ideals. If we viewed hate groups or mass violence with the same contempt we view something like child grooming for example then I don't think we would be having the free speech discussion, but here we are.


> It said examples of this “severe misconduct” include terrorist activities, child sexual exploitation, violent extremism, credible threats of mass violence, carrying out or deliberately acting as an accomplice to sexual assault and threatening Twitch or its staff.

The thing is, most of these are crimes. If there is credible evidence that you engaged in terrorist activities, you should be in jail, making a ban from Twitch moot because you wouldn't be able to access it anyway. Why does Twitch feel they have to form a vigilante justice system that is outside of normal due process and has no right to a fair trial?


How long to private companies to own our lives?

One by one, companies are taking control of our lives, deciding what we can do, what we can say, what to eat, what to wear, what to read, where we can go, with whom and more.

We know it and allow it. For what?


Twitch doesn't see itself as a platform for creative freedom even though everyone wants to perceive them as such (because they market it that way). Twitch wants to become a network, like cable TV. It's easier, and more predictable.

Pros: maintain control of the brand perception, market to their target demographic with simple messaging, everyone in the inevitable echo chamber is satisfied (including employees).

Cons: Some people are mad and move to create an opposing "rival" network. (which is likely to happen anyways)

This logic can be applied to other major social media networks, the surviving ones anyway.


It would be much better if they stated they have sole discretion of who can use their site while adhering to the law. No other justifications needed.

People get upset when these policies are put in place but selectively applied. Companies try to appear unbiased, but it's too lofty of a goal (for technical and ideological reasons). Why they are not straightforward about their policies probably has something to do with why google dropped "Don't be evil".


What’s being missed in this thread is that nobody (streamers) is an employee of Twitch - Twitch graciously offers them their platform, but that’s like your local fruit stand offering you a place to juggle next to it. They can take that away at any point because you are not their employee. If you had some legally enforceable contract, maybe there was a leg to stand on. Otherwise, twitch is under no obligation to give anyone a platform.


> If you had some legally enforceable contract, maybe there was a leg to stand on. Otherwise, twitch is under no obligation to give anyone a platform.

Twitch partners (I.E. most of the people who make a living on the platform) absolutely have a contract with Twitch. Twitch affiliates don't as far as I know, but those are (mostly) the people in the awkward stage between hobby and profession, and most of them are trying to achieve "partner" status.


And I assume that contract has a clause in it that says Twitch can revoke their streaming status for any reason, otherwise they would have been sued to death by now.


*Amazon will ban users from their Twitch property


Perhaps we should all stop donating free content to platforms operated by those that built an entire custom datacenter for the CIA to store its drone murder and torture videos in.

I'm not sure how continuing to donate content to enrich such an organization can in any way be worth it, even if they do give you free bandwidth.


For anybody interested in a self-hosted alternative to twitch, owncast (https://github.com/owncast/owncast) is pretty easy to use and has a web interface that's rather twitch-like.


Until Twitch is a public service owned by the government this is all perfectly legal and fine. There are other platforms if you want to be "bad" (in Twitch's estimation) and post your opinion. They don't owe anyone a platform.


Here come the deepfakes for streamers to be deplatformed by their rivals/competitors!


I wonder what are the data protection implications of such actions. Like can they really store your name and perceived actions somewhere if you aren't even associated with their service yet? Is that legal in EU? Should it even be?


Does anyone know of any good software libraries for independent streaming? Say I wanted to set up a low res/low bandwidth video stream from my own website, how would I go about doing that?


Perhaps they could turn it into a score, so users can see how they're doing, and Twitch could just admit they've become China.


> evidence, such as screen shots

This is seriously disturbing considering how easy it is to doctor screenshots - especially for web-based platforms.


Twitch doesn't enforce their own rules. It's the reason why Amouranth is the highest paid female streamer.


What rule is she breaking?


I don't believe she is breaking any rules. Having seen some of her streams, her behavior belongs more on a porn cam site than Twitch.

She constantly is like "Stop objectifying me, I am just playing video games" but she wears extremely sexualized clothing, bends over into the camera and from seeing her streams multiple times, seems to only play dance games (if you see where this is going.)

She isn't breaking any rules but Jesus Christ she is a really bad look for the platform.

I have nothing wrong with sexualization. Heck, Twitch should add an 18+ category. Do it. But you can't have people like Amo and say you prohibit sexual content.

I would not feel at all comfortable watching her streams at work if that's a metric.

Go to 43m57 seconds in this video: https://www.twitch.tv/videos/972822254 (Partial nudity, sexualized behavior). "Don't mind me, innocently shaking my protein shake in my bra on camera"

1h05m34s: "Don't mind me doing splits and checking that the camera is well-positioned"

Oh and she is wearing a sports bra for a sit-down gaming stream, then at ~5h she moves her stream to a kiddie pool wearing a pretty loose bikini top.

I mean, absolutely get that money. She is absolutely in her rights to do this and I genuinely support her, but you can't have her on the same platform as streamers like SodaPoppin getting scared for showing a dildo on camera.


It sounds like you have spent a few hours enjoying her channel.

There isn't anything wrong with that content. More innocent content is getting sexualized as we speak. She is playing into one aspect. Denying young people sexualized content means they will create sexualized content out of things not designed to be sexual in nature.


Genuinely it makes me uncomfortable to watch her. It is pure dissonance.

She is probably a lovely person and as I said, I fully support her business. I just wish Twitch would stop the double standard.

They either need to make an 18+ category or they need to stop allowing streaming softcore porn.


whats the double standard? A girl showing cleavage and jumping up and down is not softcore porn.


She frequently violates Twitch's clothing rules, and her account has been suspended many times as a result of Twitch enforcing its rules.


Mys statement was not a value judgement, it was statement of what actually happened.

Twitch has suspended her several times for what it viewed as rule-breaking. Twitch modified its rules several times, and she kept breaking the less restrictive rules, until Twitch finally created the NSFW category.

If you have an issue with this, take it up with Twitch for having unnecessarily restrict rules.


They already have banned people for this kind of stuff -- as they should.

The groomer and sexual abuser Ryan Haywood was permanently banned from the site when he tried to start a career on Twitch after he got fired from Rooster Teeth. That ban was certainly earned considering how much of terrible human being he is and how supplying him with an audience would likely lead to more abuse in the future.


Anecdotal, but I was banned from Twitch for "violent content," despite the fact that I only streamed tame art content and hadn't streamed in years.

I had just been cancelled on twitter, etc., though, so presumably they just had to check some box when they were banning me from their platform.

It's a weird internet these days.


The internet IS the social credit system. Maybe i should get out of the internet?


That sounds like "social credit score" to me.


> The company said users will be able to report such behaviors but it may also investigate cases proactively, for instance if there is a verified news report that a user has been arrested.

> ...

> The new standards will apply even if the target of the offline behaviors is not a Twitch user or if the perpetrator was not a user when they committed the acts. Perpetrators would also be banned from registering a Twitch account, it said.

> Twitch said it would take action only when there was evidence, such as screen shots, videos of off-Twitch behavior or police filings, verified by its internal team or third-party investigators. Users who submit a large amount of frivolous reports will face suspension.

If you are accused of a crime you will be banned from Twitch?


The point which is sometimes missing is that it does not matter if you believe a user (i.e. Donald Trump or anyone to whom these policies may apply) deserves to be banned or not.

What matters IMO is that a certain individual lost access to a service or product based on a ToS (not the democratic law) of a company which may change at any time to reflect the corporation's interest (morally or otherwise). Also, these companies happen to intertwine with today's social fabric.

There are no checks or balances on the amount of power these companies hold. Even if you believe, for example, Donald Trump deserved to be banned, you might think for yourself what will stop them to come for you next? Do you believe companies play a moral rule book?

Imagine you lose access to your important email address, or your phone number (which is perhaps operated by a private corporation). Do you also have a podium in your house to fix it?

Now you see where I am going with this. I don't want to take a side in a political argument. That's not the point here.

With all that said, it's hard to not address the elephant in the room. Which is the "free market". Unfortunately, this is a difficult problem to solve which I don't have the expertise to propose a solution for. But what I can observe is that this phenomenon is not new and not exclusive to tech companies. Take banks, for example, you get a credit score that is shared between banks and you can be denied service. If you make insurance claims your premium may go up even if you switch providers. You can be denied coverage with a pre-existing condition. An airliner can deny you service based on a policy exclusive to them, a company abuses your private data, etc.

In most of the instances I (an individual), have been denied service from a powerful minority and they decide to do so following their interest (fair or unfair).

While there are a ton of arguments by different political, philosophical, and sociological views for these examples pro/against, I wonder if this problem can be solved in the current system without some fundamental changes/enhancements?


There are only two positions on free speech. You are either for, or against it. Twitch has made it clear which one they hold.


Imagine 50 years from today, how will we look back on the 2020s?

How culture, free speech, and big tech are intertwined may be the most significant. Covid and Trump will just be quaint "when I was your age" stories by comparison.

The decisions we make today about how we communicate with each other, how the channels of communication are controlled, and standards of behavior (for enforcers as well as transgressors) will have the real lasting impact.


tough times for those who like political discourse and cat boys.

twitch is a cesspit, with money. all of the streamers will just keep up with boobystreaming and accidental nudes and avoid anything too tawdry offline. got to keep the tens of dollars coming in.


I'd be fine with this if they would strip companies like this from having section 230 protections and allowed anybody to sue for liable for anything on their platform. The banning for conduct off the platform should be seen for what it is, namely discrimination that will not be applied equally to everyone. If you are a right wing person, the bar will be low for bans, but if you are an active Antifa type the bar for being banned with be much higher.


Coming from the perspective of someone that was an admin of a medium-large forum back in the vBulletin heyday of the early 2000s, I’m somewhat amused by people getting angry at moderation decisions.

The rules were pretty clear: This is my website. I pay the bills and maintain it. Here are some clear rules that if you break them, you will be punished with a ban/suspension/shadow an/redirect to goatse upon login/etc. at my/the admin team’s discretion.

I can also ban you if I don’t like you. Or if I think it’s funny, or really any other reason.

I was happy, my mods and admins were happy and the users (aside from some banned grumps) were happy.

This is literally how the internet has worked forever. There are users, mods and admins on websites. Twitch is a website.

People getting into deep nuanced discussions about moral good and government over/underreach as an outlet for being angry at the mods never changes.

Note: I am not affiliated with twitch, nor have I ever been a user.


To add a little extra context to what other people are giving you: large, million-dollar digital tournaments stream on Twitch because they have no other choice if they want to reach viewers. ESL signed a deal with Facebook streaming that destroyed their viewership numbers because people go to Twitch to watch, not the website for the tournament. Organizers have clearly seen this and will not move their stream to another provider unless a large amount of money changes hands (like Facebook sponsoring ESL).

Additionally, Twitch will not allow banned users to appear on other streams including tournament streams. There was a kerfluffle recently where a Twitch-banned player was also banned from a tournament they tried to compete in, solely because the tournament organizer didn't want to jeopardize their streamability.

I hope I've impressed upon you that a Twitch ban is effectively a ban on all opportunities that involve money in the esports scene. There are incredibly few esports careers that could survive a Twitch ban, and not a single one would be unaffected.


> no other choice if they want to reach viewers

> are incredibly few esports careers that could survive a Twitch ban

(emphasis mine)

People have never been entitled to a sports career, or to celebrity status by reaching viewers on someone else's platform. These platforms have democratized the "rags to riches" story, but whether it was the '30s or the '60s or the '90s, you've always had to play by the rules of the prevailing media empire. This is no different.

Companies are generally allowed to set arbitrary criteria for who they're willing to work with. There are some very specific exceptions around discrimination against a very short list of protected classes. Other than that, rules restricting conduct are usually legal. Note that I'm not claiming that rules like these are moral, I'm just pointing out that they're usually found to be legal when challenged.

The fact that you can sign up for an account in your bedroom in pajamas instead of signing documents at a lawyer's office in Hollywood doesn't magically make this a public square subject to a different set of rules.


No, it just means your eligibility for a professional career may come down to whether or not a random mod on a streaming platform simply thinks it's "funny" to ban you.


Then maybe you should reconsider your choice of professional careers if that's a risk factor and your risk tolerance isn't high enough.


Imagine this response in the context of a sport like the NBA. If the ref is secretly racist and bans you from the sport because it's "funny" as their excuse, would you react this way? The nature of videogames doesn't make the professional sport of them juvenile and less worthy of rigorous standards for inclusion.


The NBA is an organization who's job it is to set rules that teams, athletes, and referees can participate in. They can choose to fire refs who behave this way, and they would because they make more money if the refs aren't racists (especially now that they're getting more into racial activism)

Twitch is basically the NBA of their streaming platform, as in they set rules for how streamers, viewers, and moderators interact. Twitch can create whatever arbitrary rules it wants to maximize their revenue. If advertisers stopped caring about controversy, or if Twitch suddenly found a better revenue source, they would surely pursue it.


The irony of your comment is that once upon a time, these professional sports leagues made more money by being actively racist and excluding people of color from their leagues lest they upset their white fan base.


I don't know how long ago "once upon a time is" but they seem to have increasing revenue very successfully since the 80s at the least based on some googling. Maybe before then, but I don't know if we can find any data to support that.


Your analogy is wrong, and so was mine. It is not the refs banning players, it would be the television sports broadcasters. Makes even less sense.


Pretend Harvey Weinstein is talking to you. And that he's reading the top-most comment (by newbie789) on this story: that he owns the company, so he can ban you at his discretion. Or gaslight you. Or show you shock porn. That this is fine, because it's how its always worked here.

I'll tentatively assume you got some of the same visceral recoil I got from that mental image. And that we agree that following everything Hollywood does is probably not for the best. So I'll ask you: if you could solve this however you'd like (by passing laws, let's say), how would you do it?


FWIW, I agree with you about the visceral recoil, thoughts about Hollywood practices not being ideal, etc. I'm not trying to claim that this state of affairs is good, just that it's basically identical to what we've had previously, and that the relevant laws don't appear to be affected by unprecedented scale or automation.

Passing laws to address this might work, but I think it would be difficult, and I would expect them to be challenged mercilessly. In order to actually work, I think this would require "Civil Rights Act" or "Equal Employment Opportunity Act" caliber landmark legislation, and I'm skeptical that this would be politically tenable any time soon.


I wholeheartedly disagree about the current state of affairs. Our relationship to the internet has profoundly changed. It’s deeply entwined in our daily life, inescapably so, in exactly the same way that forums were not.


But it does elevate Twitch bans far above the "this is just like a forum admin doing as he pleases, move along" of the original comment.


I can't stand comments like this that obviously miss the overall point being made and tbh it is entirely done disingenuously.

The terms of service are not in anyway enforced consistently or fairly. The way the terms and service is written is that they can basically boot you for any reason. It is well known that the "tiddie streamers" regularly get away with ToS violations, where some dude wearing a red hat will get a ban (and I mean a red hat, because that exactly what happened to one guy, he didn't even have a MAGA hat).

"Behaviour off platform" can mean anything and will be like the current Terms of Service be not be enforced in any manner that is consistent or fair.

Twitch is a monopoly in this space and it is abusing its position. This combined with the fact that the mobile phone platforms can remove an App for any reason it wants means that there is no open market where a competitor that has a different ToS can reasonably become competitive.


> a Twitch ban is effectively a ban on all opportunities that involve money in the esports scene.

I suggest you ask Colin Kaepernick about how it is in the non-'E' sports world.

(Edit: misspelled name)


The dude who landed a big advertising campaign with Nike based on his high-profile activism?


In other words, he changed his line of work from a "sports athlete" to a "marketing guy".

The esports guys should take note at what happens to sports athletes who behave "badly". They typically don't get to participate in sports anymore.


This is what I don't understand?

People are complaining about something that has been happening since literally forever. Long before Gopher and Mosaic were even released. Why is it "bad" now? The answer is that it is not bad, it's just that it now affects them.

Here's the thing though, waiting until it affects you, is a very poor strategy for changing what you consider to be a "wrong". This has all been litigated at this point. Now your only recourse is a wholesale change of the laws, which is not going to happen.


I assume you mean Colin Kaepernick.


Thanks.


Plenty of major streamers would tell you them switch to YouTube did more good for their careers than twitch.

ValkyRae, CourageJD, DrDisrespect, Anish Giri are some just off the top of my head.


In a way you have affirmed parent’s point: it’s the shareholders’ website, and they can mod it as they wish.


You just completely missed the point. Everyone knows who's website it is and that they "can" mod it as they wish. But at a certain scale some moral and ethical questions come into play.


Isn’t this just like other sports, where a star is pilloried for some indiscretion outside of their sport which can result in them being dropped from a team etc?


That is up to the team though. This is closer to a TV station banning somebody so now they can't compete in a sport that will be broadcast on that station, forcing the team to kick them off.


Shouldn’t a TV station be able to decide whether they want to promote a pedophile?


That is sort of the start of a strawman argument because Twitch bans for a lot of things, not just being a convicted pedophile. But even in that case I don't think it is fair to completely disallow somebody from appearing on a TV network. That also isn't what I would consider "promotion".


I don’t know if it’s a straw man when the actual policy this article is about mentions it

> The company is currently defining “serious offenses” as incidents of violent extremism, credible threats of mass violence, membership in a known hate group, sexual exploitation of children, and nonconsensual sexual activities, among others.


That is for actions off of Twitch. You can get banned for actions on Twitch that are not bad at all or completely accidental


Which effectively can also happen now. In fact the athlete is likely wealthy and will be ok despite his career crashing. This could in fact happen to the guy who waits on tables down town.

If he became internet infamous and the tv station covers it the business he works at might be obliged to fire him.


>This is closer to a TV station banning somebody

So the FCC won't let me be, or let me be me, so let me see...

Yeah, TV stations (like MTV) have been banning people in the past too.


Like how Lance Armstrong was banned for from professional sport for life for "not a crime"?


That was up to the sporting agencies though right? Not some third party network


USADA is the definition of a third party is it not? He was banned from ALL sports, not just cycling. So it would be like Twitch banning you from YouTube as well.


Like I said it is a sporting agency. Not some TV network or something. Sports aren't forced to cooperate with USADA but they do it for the good of the sport. That doesn't apply with Twitch at all.


I didn’t miss the point, I just have a different opinion.


Well, then eSports stars are getting to be just like regular sports stars.


I'm okay with that. I think sports approaches this with the appropriate level of maturity. Has any sports exec said something to the effect of

> I can also ban you if I don’t like you. Or if I think it’s funny, or really any other reason.


If they weren't dealing with dozens of 7- and 8-figure contracts, and earning millions themselves, but were instead moderating some piddly little forum nobody's ever heard for approximately $0 a year, they probably would have said almost exactly that.


The significant difference is I (assume) no one depended on your forum for earning a significant part of their income. Once you set yourself as a place where you want people come and earn money, then banning them, and thus depriving them of something of real monetary value, takes on and entire different set of nuances.


I don't think there really are "nuances" about what the owners can and cannot legally do. There are nuances about the decisions about people that are willing to participate in the website however.

Say I own twitch, can't I just shut it down? Maybe I mismanaged it, maybe it isn't profitable, maybe it isn't profitable enough to make it worth the trouble, maybe I want to make a statement, maybe I am bored, maybe I am sick. The point is the effect on the users would be the same. If you can't make it illegal for me to shut it down (on the premises that it would risk my users' livelihood) then you can't make it illegal for me to kick users out (on the same premise). So yes, people depending on MY service to earn a living has a lot of thinking and diversifying to do, it is not as risk-free as it seems, and there are nuances around that. In the end though, the owner(s) do and should have the last word.


> If you can't make it illegal for me to shut it down (on the premises that it would risk my users' livelihood) then you can't make it illegal for me to kick users out (on the same premise)

> In the end though, the owner(s) do and should have the last word.

Thats not exactly true. A relevant counter example would be to look at other major communication services. For example, take telecom. A telephone company cannot just kick users off of the platform, for any reason. They have to follow common carrier laws.

Obviously, the law would have to be changed, in order for these laws to apply to these new platforms.

But, unrelated to any specific moderation policy, I think that there is a very nuanced and interesting discussion to be had, about how common carrier laws have not really kept up to date with some of the many new internet platforms these days.


How different is that from at-will employment though? You can be fired at any time and for more or less any non-federally-protected reason (and can quit any time too). That seems pretty uncontroversial in the US at least.


There are thousands of other employers you can apply to and work for. You'll be unemployed in the short term, but getting fired isn't catastrophic long-term, for the most part.

The parallel doesn't really exist for Twitch. Other than perhaps YouTube, are there any platforms that would get you anywhere close to the pool of potential users on Twitch?


It's a good thing that there are 10.75 million employers in the United States.

It has a little something for everyone.


Twitch has reasonable competition - YouTube and to a significantly lesser extent Facebook Gaming.

But let’s take a step back here - no one is entitled to be a Full time professional streamer. Say you do something egregious (or not) and get banned from all streaming sites - just go get another job? Twitch doesn’t have a monopoly on employment.


In most cases there are multiple employers for any job who pay similar wages so one can go work for some other employer if one fires them.

But in the Twitch, YouTube, Amazon, etc. cases there is no other platform that pays the same.


But in the Twitch, YouTube, Amazon, etc. cases there is no other platform that pays the same.

Did you not just enumerate 3 different organizations in your comment?


For three different “jobs”, though.


I don't know man?

Do "Twitch Streamer" and "YouTube Streamer" really constitute different "jobs"?

(I mean, to the extent that they are "jobs" at all, I consider them the same "job".)


Amazon: author

YouTube: Youtuber

Twitch (as discussed elsewhere in the thread): eSports tournament competitors


Building your business on someone else's property subjects you to a material risk that the owner may someday kick you out. Being a responsible business owner means you recognize that risk and mitigate it as needed for business continuity, and have contingency plans in the event that it happens.


Sure, but the more important factor in these sorts of relationships is that there is in fact usually a binding contract. Twitch refers to these as "Partners" who they have extended a contract to. While I am sure Twitch has the ability to sever that contract essentially at will, it doesn't mean they are exempt from legal repercussions of doing so.


I believe there's precedent for them severing a massive partner at will, in the case of Dr Disrespect.


Yes, but it's always always better to have a policy in place than to make one-off decisions.


This isn't always feasible or practical. People can't always foresee the future (otherwise gambling wouldn't be a thing). So we can't assume that a policy can cover every possible scenario that might occur. Things happen that practically nobody thought might happen. This is why "escape hatch" clauses were invented--to give parties a way out in the event that the unforeseen occurs.


I think the idea is what once the unforseen does happen, that you encode the decision you made into the rules.


Yeah that would be better, people should be able to know in advance what they're not allowed to do. I was just pointing out that they've done it before.


kind of agree with this statement in a free market sense, but the problem with these winner-take-most markets is there are often no reasonable alternatives.


I'm struggling to understand both sides of this argument, so I need help grokking all these positions. I need more information before I know if I can support your position.

If I work for a large company, and I go out and do something that may not even be all that bad. Say, publicly berating an Uber driver like that woman doctor in Miami, my organization will fire me. Just as her organization fired her. Especially if people start publicly connecting me to them. This has happened forever, no internet need be involved.

The difference here, at least one side claims, is that the large organization paying your living exists on the internet, and so should be viewed differently than any other large organization. Since those other large organizations are not internet-based? I find myself unpersuaded though, I'm honestly not really seeing much of a difference.

So just so I understand what you're saying, is your position that no large organization should be able to separate themselves from that lady doctor in Miami for instance? Or is your position that only large internet-based organizations should be precluded from separating themselves from her?

(Dr in Miami that berated the Uber driver is just the most analogous offline example I could think of. Large organization with enormous market power paying her living. They fire her, no one else will touch her. I'm sure there are many many more.)


But nobody owes you a market stall. And if you do have one, then you have to balance your business witht he extracurricular activities. If the latter gets you in trouble or attracts sufficient attention that it reflects poorly on your industry, your brand might suffer and other industry participants will do whatever they need to avoid contagion.


So just like at will employment then? Anyone can fire you for wearing a shirt they didn’t like that day - this is your problem, not theirs.


Absolutely. Platforms like Twitch, Facebook, Twitter, or other giants, reap enormous benefits from being a "platform" which contains the majority (or a huge chunk) of the sectors they play in. It's time they also pay their due price for the benefits they reap.


Oh look, another "but it's a private company" defence of this behaviour.

Imagine a town with a single supermarket. The closest next town is a 10 hour drive away. A certain individual commits a crime, and is punished for it by the local authorities. The supermarket then decides that they are going to ban this individual from their store because of "severe misconduct" in the community. Is this fair?

Obviously, Twitch is not the "only" platform online for streaming, but in the past few years we've seen rapid siloing of content and serviced around a few platforms. Defending the actions of these platforms simply further entrenches their roles as the de facto platform for their particular service, making competition even harder.


That's not an argument against moderation. That's an argument against monopolies and oligopolies. Banning a guy from the store isn't even in the top 10 worst things that will be going wrong in that scenario.


Okay, that's another way to fix the problem then: break Twitch up into 100 baby Twitches, and don't let anyone have ownership/stake/control of more than one of them. If all 100 decide to ban someone, they probably deserve to be banned, and if they don't, then the person can keep streaming on one that didn't.


No because the same social and economic pressures may apply to all of them. That's exactly what used to happen to black tenants when all of the "100 baby landlords" decided to ban them. It doesn't mean they probably deserved to be banned, it's that there was a systemic problem that couldn't be fixed simply by having competition. We already see this with politically unpopular people being banned from all popular social media sites, despite them being separate companies with different owners.


I think it's hilarious that you're using the suffering of black people to give weight to your fears about what's happening the sort of people who are in fact fond of or indifferent to the suffering of black people.

Back here in reality, a poster child for "politically unpopular people being banned" was Milo Yiannopoulous, who was banned for leading a wave of anti-black abuse: https://www.vox.com/2016/7/20/12226070/milo-yiannopoulus-twi...

One could argue that Milo is the one who started the shift we've seen over the last 5 years in social media moderation decisions. He still has a platform, of course. There are approximately infinite platforms, and some of them are happy enough to host open racists. So we aren't at the "100 baby landlords decided to ban" stage yet. As you say, he's just been booted off the popular platforms. Because it turns out a lot of people are no longer interested in supporting open racists.

And it seems like that's where things will stay: Users and companies have unimpinged freedom of association. Racists, etc, have the freedom to build sites that support racists, which are mostly ignored by everybody else. This seems like a fine outcome to me. If it doesn't to you, maybe think about why.


Of course that supermarket should be entitled to ban the misbehaving person from their store.

To turn the story around, why should a business that takes it on itself to provide for a remote community be punished for it by forcing them to accept unruly customers?


The point is that they're banning people for things not done in the store.

What if there's a single major provider of groceries in a state and they decide to ban everyone convicted of a felony for life. Would that be ok?


In the case of the supermarket, the person who is banned could pay somebody else to buy stuff for them. In an extreme case, that somebody would have to be the government preventing the person from starving.

In general I think private businesses should be allowed to decide who they want to do business with.

In the case of Twitch, the question to me is what is the contract the users enter with Twitch - what promise does Twitch make? If it doesn't promise anything, users invest at their own risk.


I had no problem with hosts kicking off Parler, and I don't really have a problem with this Twitch policy, but those are very different things than the grocery example. Social media companies, webhosts, etc. are directly enabling speech as a core part of their product. As was mentioned above it would be against the principle of not coercing speech to force one of these companies to continue serving a customer.

But I really do not think allowing someone to buy lettuce should be considered a form of speech, or even an "association". Banning someone from using a grocery store - or perhaps more relevant to this example Amazon.com - for actions completely unrelated to the service is wrong IMO, even if it were somehow restricted to 100% accuracy rate of only blocking very bad people.

I haven't seen it happen yet, but if it becomes in vogue to worry that selling a random material good to a customer is some kind of endorsement of that customer, that will lead to a very concerning situation down the line. It is now all too easy to gather information on people, potentially dating back decades. I don't see any reason grocery stores should know anything about their customers outside of what can be observed when shopping.


>medium-large forum

That's the key. You were not operating a massive media platform with a significant marketshare that many people use to make a living with.


Exactly. The difference is a platform that controls 0.001% of the market and a platform which controls 90% of the market.


> Here are some clear rules

That will change arbitrarily and become more and more vague over time as the people you ideologically disagree with become better at obeying the "letter of the law".

But you're right, it's your website, and (at least for now) somebody else is free to start up a competing website that picks up the users you're throwing away.


I think that works up to a certain scale but it's insufficient if you're Facebook or Twitter.

Now - is Twitch more like those or is it more like "Bob's Forum"?


There is no bright line between Facebook and Bob’s Forum.


There's no bright line between a wheelbarrow and a bulk freighter but even Hellen Keller could tell you they're very different.


There are several bright lines like having an engine.


That's not a really bright line

https://www.homedepot.com/p/YARDMAX-Powered-Wheelbarrow-YD41...

Having a crew isn't a bright line either since two people will often manhandle a single heavy wheelbarrow.

The brightest line is probably that a bulk freighter floats. Still it's a series of small incremental changes all the way from wheelbarrow to mining dump truck (then there's some lines you cross before you get to a bulk freighter) though which IMO still illustrates my point.

We're kind of nit picking here though.


> The brightest line is probably that a bulk freighter floats.

Some wheelbarrows will float just because they weigh little enough compared to how much water their bucket displaces. Also, I don't think it stops being a wheelbarrow if you strap a couple of empty barrels to the side (I've done that, when hauling junk across a river).

To head off the obvious rebuttal, you could totally attach wheels (or maybe caterpillar treads) to the bottom of bulk freighter, even if nobody has (probably) bothered to build such thing yet.


Computer is a job not an object.

English reuses terms, but thus that’s not a wheelbarrow anymore than there are wheelbarrows in a wheelbarrow race. https://en.wikipedia.org/wiki/Wheelbarrow_race

“A wheelbarrow is a small hand-propelled vehicle...” https://en.wikipedia.org/wiki/Wheelbarrow while also saying “Power assisted wheelbarrows are now widely available from a number of different manufacturers.”

TLDR; That’s not yet a wheelbarrow, but it might eventually become one.


When discussing enumerated rights, judicial “strict scrutiny” (to wit: bright line) applies.



What do you mean "bright line"?

The difference is plainly obvious, Bob's forum has <100 users, FB has > 2,800,000,000 users


When discussing enumerated rights, judicial “strict scrutiny” (to wit: bright line) applies. For this case, you must explain why FB gets treated differently just because there are more users. I appreciate the “well duh” but that doesn’t justify adjudicating a suppression of rights for FB.


But it's railroad tycoon discussing these tracks belong to me and rules are simple to a man who built a driveway. Your vbulletin and big megacorp websites don't compare on any level.


At some point a website stops being just a website and becomes a social institution in itself. And with great power comes great responsibility.


That's a easy statement to make until you actually try to define what "some point" actually means.


We agree that kids become adults at 18 and no one has a big problem with this. I don’t believe demarcating this “some point” is far more complicated.


> We agree that kids become adults at 18 and no one has a big problem with this.

We don’t, though. Can’t drink until 21. Rental cars and credit cards have extra restrictions until 25. Etc.


We don’t what? Do you see many people who say that 6 year old kids should vote? Do you see many people who advocate that driving should be banned until 40? Do you think that credit card restrictions undermine the concept of the age of majority? No. We can put an arbitrary delimiter at first and argue about specifics later.


> Do you see many people who say that 6 year old kids should vote?

There are indeed disagreements on the appropriate voting age.

https://www.washingtonpost.com/local/takoma-park-grants-16-y...

https://lieu.house.gov/media-center/in-the-news/125-democrat...

> We can put an arbitrary delimiter at first and argue about specifics later.

We're in specifics territory, though.


> There are indeed disagreements on the appropriate voting age.

Sure, but my question was about 6 year olds, not 16 year olds.

> We're in specifics territory, though.

Exactly. The first thing to do is to make sure that 6 year olds don’t kill anyone driving recklessly and 30 year olds can vote. The rest is specifics we can argue about. The same thing with the social responsibility of companies.


Please do it then. What is this mark? 80% of TAM? Revenue over $250k/yr/employee? 10000 users?


We can start with companies with a market cap over $1bln for example. And tinker the policy based on empirical data.


Sure, 1 million users.

You're free to quibble with the specifics, but there's your magical mark.


While that’s true, you’re speaking to an earlier time in the internet.

Today, the internet has evolved into a two layered system, where a centralized “social” layer (for lack of a better term) sits on top of the underlying decentralized layer.

Today, anything of consequence happens on the top layer. You can still run a forum on your own, just like you did in the 90’s. Barely anyone will join.

Yes, Twitch is a private company and can do what it wants. Of course they can. But it only takes a few platforms to completely erase a person from any significant social digital interaction. It’s not a good thing.


> I can also ban you if I don’t like you. Or if I think it’s funny, or really any other reason.

Yeah, just like a game server admin that banned you simply because he lost to you in a game. Everyone loved them. Just because you can abuse your powers doesn't mean you should.

If social media that are influencing the outcome of the elections (reminder that we're in the middle of Covid lockdowns) are not aware that they shouldn't abuse their powers then it's time for the government to step in.


Does it ("social media influencing elections->government should step in") also apply to traditional media ?


Both "social media" and "traditional media" are called "media", but it's not really the same thing. I assume by traditional media you mean something like newspapers or whatever, but social media is more akin to a telephone company, as it's a mean of communication between people. If a telephone company was just censoring anything they don't like then my answer would be yes. But to take your question literally, no, I don't think it's necessary.


It’s not just some site when you have no credible alternative because it killed all the competition years ago. The network effects are too strong


YouTube Live exists. DLive exists.

Sure, these don't have anywhere near the same reach when it comes to live streaming but people have been banned from twitch before and maintained an audience on other sites like these. There's also no "right to livestream".

We'll see how liberally twitch applies this new policy. All sites are literally allowed to do these things already, the only difference is they made it explicit. You can have a "common carrier" argument about regulation of private companies, but there's nothing in this announcement itself that makes twitch any different from others.


Would it be okay to like segregate the misconduct accounts under a domain like shitbirds.twitch.tv?

Then everybody would know that they were only providing them service under threat of government force.


If they did that all the popular streamers would end up there pretty fast for microagressions. Lets not pretend this isnt political. I dont think billionaires should decide what is socially acceptable and what isnt.


Being an administrator/moderator is a big responsibly. Sure, if it's a small time forum, maybe nothing really bad would happen if someone gets banned,well you know, because you wanted that way. However, different platforms can have a detrimental impact on ones life, including employment, status in the society and so on. The worst part? You don't start measuring the throne of power immediately, you gradually descend into it. You start normalizing things you couldn't just a few months ago. I know from my own work that ultimate access and control of everything can poison most. You get these little challenges every now and then and you get tested, and eventually, depending on one's nature, you either say 'screw this,I'm not doing it' or you become a despot.


If companies policies and media bites were as clear as a forum moderators, we wouldn't see the same backlash. But because they all subscribe to the corporate koolaid, they make claims about being inclusive and a bastion of free speech - they're shooting themselves in the foot.

If Twitch came out and said "I pay the bills, I facilitate your ad revenue - if I don't want you on the platform it's my decision to kick you off and I'll do it whenever I want" .. People would be up in arms and they'd be attacked, but they also wouldn't have to keep up this charade. People getting banned wouldn't have an avenue to complain.

But I guess being a US company there's also litigious reasons they have to worry about that some rinky dink forum wouldn't need to..


Getting banned from Twitch can have serious career consequences for streamers and potential streamers. I think the real issue is being banned and not having a reliable appeals process to go through. The appeals process takes long enough that it can tank your viewership.


This attitude doesn't translate to market conditions governed by power law winner-takes-all dynamics.


> This is literally how the internet has worked forever.

I don't know what specific fallacy is this, but stating that how it always worked does not mean it should have worked that way or that it should never change.

Twitch would not exists without content creators. Neither would exist without the other.

In that relationship Twitch has the last word on everything.

I would argue that it shouldn't be this way or at least not this one sided. Content creators should have a say on Twitch's decisions.


Why though?

They don't own Twitch. They didn't take any of the economic risk to start it. They're not on the hook for covering its server bills if revenue craters. If they wanted to put their money where their mouth is and buy a piece of the company proper, the current owners might be open to that, who knows.

But you don't typically get to run a company you didn't start, haven't invested a dime in, and can walk away from at any moment, unless you're willing to take on some of the risk. Risk is what gets you the rewards.


> They don't own Twitch. They didn't take any of the economic risk to start it. They're not on the hook for covering its server bills if revenue craters.

And yet with all the money in the World Twitch will close doors if all streamers stop streaming. Twitch is literally nothing without the streamers.


Which they are free to do, but how does that entitle them to an ownership stake?


It entitles them to a say on how things should go and a share of profits.


For people who are saying "but losing Twitch kills your career":

In the entertainment industry in general, facing repercussions (including being unable to get any gigs whatsoever) for your actions outside of direct involvement in entertainment has long been the norm. There are several recent examples that people attribute to cancel culture, but the problem goes all the way back at least as far as the 1940s (see the Hollywood blacklist during McCarthyism).

Why should people who stream on Twitch be immune to pressures that those who work for Hollywood have to endure?


You are using the mcarthy blacklist as precedent for banning peoples ability to participate in a social setting. As far as im concerned, since forever that has been used as a reason to question and challenge censorship.


I own Twitch. Can't I just shut it down if I wanted? Or should I be forced to stay open after becoming really popular because shutting it down would prevent millions of people's participation in a social setting?


If you shut it down, competitors would immediately spring up and become way more popular. If you "just" ban someone you don't like, that won't happen.


It's not only entertainment.

You behave badly in a bar or restaurant as a doctor for instance, your hospital or clinic will fire you and good luck getting a job anywhere else.


Such an advocate for neo McCarthyism.


>medium-large forum back in the vBulletin heyday of the early 2000

how many people were on such a forum, and how many of such forums were there out there to get on?


Quantity has a quality all its own.

You had, what, 0.01% of the market? It's a lot different when you have >50% (or, well, used to be).


If, instead of being a streaming platform, twitch instead baked cakes. Would you still say they can exclude anyone they want for any reason? Or would you say that you’re limited in the choices you can make once you engage in public commerce like most every other type of business.


We really need a public utility alternative for electronic discussion and multimedia sharing. There's no argument that internet is an essential service so where's the internet post office?


This is what open protocols were for, but those stopped being viable when trapping users to spy on them became more valuable than selling good services and software.


You want government-run Internet or a government myspace? No, thank you.


I agree, once it's stated clearly, well it's clear and you are free to decide. The problem was the double standards, which should also be stated clearly.


Same with Apple and its policies regarding closed platform (walled garden). But with such analogy people will go mad. Hypocrisy at its best.


medium-large is not the same as dominant, where users don't have a choice but to engage, e.g. to be competitive in their industry.


It's becoming a big issue because there are people trying to actually make a living being superstars and/or trolls on these platforms, and because they've become a vehicle for large scale political propaganda. There's money and power involved now, and that changes everything.

That being said I agree that the argument is disingenuous. Freedom of speech is a human right. The use of someone else's platform on which to speak is not.


The problem with this for Twitch, specifically, is that Twitch involves money. Many people make streaming a career, and Twitch actively encourages this sort of behavior.

At a normal workplace, while people _can_ simply be fired, they typically aren't. That sort of thing kills morale and may even result in protest resignations.


I would say that many (not all) things Twitch has banned users would not be so far fetched as reasons for terminating employment. Aside from obvious non-comparable things that only pertain to online interactions, there is probably a great overlap between ”would I get warned/banned from Twitch” and ”would I get warned/fired at my job”.


Everyone feels entitled to host their content on others platforms for free.


This isn’t comparable. You weren’t one of five or so corporations that control the majority of communication on the entire web.

Oligopoly changes the equation and requires more oversight, just as your backyard garden might not require regulation like an industrial food producer would.


There is only one Twitch.tv.

There were thousands of fourms. I ran one. Ezboard and other platforms made it easy to host one without even paying server bills.

But there's only one Twitch, and when they ban you, you're gone. Your audience is too.

This is what we get with platform monopolies.


> They're essentially a public utility.

No, they're a website owned by a private company.

If you want there to be a public utility that provides the same service Twitch does, write to your representatives.


Why stop at websites? Why shouldn't airlines, hotels, banks, apartments, stores, and private universities ban whoever they like? How about creating a rule banning people who dye their hair blue?


There is - of course - rules around this. Certain qualities like race and sex are protected classes against which you cannot discriminate. To your example - a nightclub very well might discriminate against someone with blue hair.


Political speech is not a protected class.


This is correct.


I have to ask, what is the point you are trying to argue? That it shouldn't ever be possible to enforce rules on internet communities?


You should not have rules for behavior outside your community. Second, your rules should be restricted to actions that have an effect on your community.


> redirect to goatse upon login

Okay, that is actually a great idea


> redirect to goatse upon login

That's a rather shitty thing to do. I understand it has a warning now or doesn't exist or whatever, but no one should have to see it without their consent


The freedom of the press does not include freedom to use another’s press.

This is a hard lesson when a private press takes on near-monopoly scale by choice of clientele.


It's funny how many people here suddenly want to control the means of production when the boss wants to ban Nazis or pedos instead of unions.

(If you think I'm exaggerating, Twitch has had a huge run of prominent streamers outed for raping minors, grooming, and the like, and much of the terrible behavior has happened via Discord. Which will be why Twitch are keen to make it clear that you can't say "oh I was grooming on Discord, none of your business.)


Please stop posting ideological flamewar comments to HN. You've been doing it repeatedly and it's not what this site is for, regardless of what ideology you favor. We've warned you about this repeatedly. We ban accounts that ignore such requests. If you'd please review https://news.ycombinator.com/newsguidelines.html and fix this, we'd appreciate it.


Are corporations the new government? New form of legal or justice system?


That's of course a stretch, no corporations aren't governments and aren't a new form of legal system. They are still subject to regulation. But I get your sentiment. I see an interesting point here: corporations like Twitch, while registered in a specific country (here the US) have a global reach. But their culture and set of rules is generally uniform, and heavily influenced by the country the company is from. Twitch is a US company, their way to analyze cultural/moral issues is with an American point of view and framing, but they are applied globally.

In some ways that extends the reach of US systems in a way even the US government cannot do, unless Twitch starts to create versions of their platform siloed by country.


> They are still subject to regulation

Not according to Section 230.


I presume you're unfamiliar with the East India Company.


> Twitch said it would rely more heavily on law enforcement in “off-service” cases and is partnering with an investigative law firm to support its internal team. It declined to name the firm.

So they're hiring investigation firms to spy on their users. Thank you Twitch, very cool.


[flagged]


Twitch has a reasonably thorough "community guidelines", a few pages https://www.twitch.tv/p/en/legal/community-guidelines/


Amazon wants to inflict thought control just as it does on employees engaging in lawful activities outside of work. They’re not the only ones either. We need to boycott companies that adopt such policies for either their customers or employees. Otherwise institutions, which are run by a few people and can be subverted by activist ideologues as well (https://en.m.wikipedia.org/wiki/The_long_march_through_the_i...), will become tyrants that control and restrict others’ thoughts and actions. We are already most of the way there. For my part, I’m stopping my use of Twitch right away and cancelling Prime.


[flagged]


Whether or not you agree with at-will employment, almost nobody would agree your private employer is, in general, obligated to employ you.

So why would a service provider be obligated to continue to provide a service that you can profit from?

Another example: if you found a net profitable bet against the house at a casino, is the casino obligated to continue to offer that bet?


You started a wretched nationalistic flamewar and then perpetuated it. Please see https://news.ycombinator.com/item?id=26742264 and don't do this again.

We detached this subthread from https://news.ycombinator.com/item?id=26731595.


As a software engineer, I fully support at-will employment.

If I were say, a barista or a warehouse worker (any job that is low-skill relative to white-collar careers and easily replaceable) I would disagree.


I’m not sure why Americans care? Europe makes a different, worse tradeoff.


I doubt they would agree. Money != everything.


Well, it’s not just money. By lowering the taxes and regulatory environment, you increase individual freedoms. That’s worth a lot to Americans.


[flagged]


You've broken the site guidelines badly in this thread and you've been breaking them badly elsewhere too.

If you keep this up, we're going to have to ban you. Would you mind reviewing ;https://news.ycombinator.com/newsguidelines.html and using HN in the intended spirit? Nationalistic flamewar and other flamewar is off topic here, and personal attacks (e.g. in https://news.ycombinator.com/item?id=26623262) are not welcome either.


This is a strawman, we are talking about workers right in the US, not healthcare or gun control. You may disagree with the way work is regulated in the US, but at least attack those regulations instead of trying to derail into two other, highly nuanced and emotional, subject matters.


>This is a strawman, we are talking about workers right in the US, not healthcare or gun control.

Thats not what strawman means and the parent comment was talking about taxes, regulation and "individual freedom." Not wanting to die in a mass shooting or go bankrupt due to medical costs are certainly not highly nuanced...


Sure, have all your money taken without a say to be given crap, rationed care, or most likely die waiting in line.

And on top of that have no way defend yourself or your friends if a new dictator comes to town to send you off to a new summer camp.


>Sure, have all your money taken without a say to be given crap, rationed care, or most likely die waiting in line.

Talk about strawman. By any objective measure the US healthcare system is the worst in the developed world.


You know, except for outcomes, research, etc.

Also good luck when Uncle Adolf comes to town.


You've been posting a lot of flamewar comments to HN. We ban that sort of account, and we've warned you before.

You've also been using HN primarily for political and ideological battle, and we ban that sort of account too, regardless of which ideology you're for or against, as explained here: https://hn.algolia.com/?sort=byDate&dateRange=all&type=comme.... I had to scroll back months in your account history to notice even one comment that wasn't ideological battle. That's seriously not cool—it's basically vandalism, if not arson.

Since you've ignored our previous requests not to do this, I've banned the account. If you don't want to be banned, you're welcome to email hn@ycombinator.com and give us reason to believe that you'll follow the rules in the future. They're here: https://news.ycombinator.com/newsguidelines.html.


Let's be honest here. If Adolf came to your town carrying a US Flag and a Bible you would be first in line to cheer at his rally.


Ok, that's enough—I've banned this account. Please don't create accounts to break HN's rules with.

https://news.ycombinator.com/newsguidelines.html


And that's why nobody in the world wants to immigrate to the US.


Please don't perpetuate flamewars on HN. It makes the threads even worse.

https://news.ycombinator.com/newsguidelines.html


Certainly very few people from the EU are.


Should be easy to check by comparing applications for immigration.


> Most Europeans would be horrified by this concept

But they'd be really happy to earn the same level of income.


There are a few bubbles in the US,where people make way more than in Europe: SV, Some finance jobs on the Wall Street, maybe the oil industry. That's about it. Outside of those, it's more or less the same like in Europe, minus safety net and holiday. There are pros and cons on each side of the pond,no doubt, but in my opinion, the US is probably better suited for those with a very high income,while an average person is better off in Europe.


My company employs people in Europe, and across the US. The highest paid Europeans still make less than any of our associates in the midwest.

And we have unlimited vacation & sick time, so I'm not sure what advantage the 28 holiday thing is.

I completely agree that the U.S. is better suited for high income earners.


As always,it depends. I guess by mentioning midwest,you go with a notion that it's not a hcol area. The unlimited vacation & sick time probably also means a pretty decent white collar job.

It's difficult to compare with Europe,as one unit, as it's as varied as the US is. There are quite a few countries in Europe, where I'd happily take whatever your the associates are making at your firm and I'd have amazing,high quality life with very little to worry about. Alternatively, if I go to London,or Zurich, most salaries would feel like pocket change.

The other aspect,what in my opinion keeps tab on salaries in Europe, is the sheer volume of available quality candidates for jobs. There are tons of people with exceptional education. Not so long time ago, we used to have a running joke back home that why would anyone hire a cleaner without a masters degree?It also used to be a default option to only hire secretaries that only had double masters.


Advantage of 28 days is that company can't stop or fire you from using them. And will be punished for not allowing it.


Geez, I’m glad I live in a society where that’s not seen as necessary. I don’t need to invoke the power of the state to take a vacation.


You'd be surprised. For 99% of people such legislation is beneficial+ it came to be like that not without good reasons. Here,in the UK, I sometimes have to interact with our customers who can't get a few days off whenever they need and usually need to plan many months ahead, just because their employees can't organise work better. Imagine how much holiday these people would have,if such legislation is removed all together.


When speaking about SV tech salaries maybe. But for majority of people, most definitely not.


Even in the midwest, tech people earn a lot more in the US than in almost any European country. Sure, for the lower income levels it might be a different story, but I live in the HN bubble like everyone else here.


I don’t think that the people most affected by at-will employment necessarily earn more in the US

Just one a bit dated example I could find quickly. https://www.bloomberg.com/news/articles/2012-01-09/which-cou...


[flagged]


I make a lot more than 100K, I have unlimited vacation, unlimited sick leave. Only 12 weeks of FMLA, so there's that. And healthcare isn't free anywhere in the world, just financed differently. I pay for my insurance from my paycheck, but the paycheck is so much larger that it works out fine. My deductible is zero, out-of-pocket maximum is zero, so it's not effectively much different than 'free' healthcare.

I am well aware of how much Europeans hate America. It's readily apparent on HN.


Please do not post nationalistic flamewar comments or other flamewar comments to HN. Your comment would have been fine without the last paragraph.

Btw, people's generalized ideas of the community are hopelessly dominated by cognitive bias: the bad (what you dislike) stands out more than the good (what you like), so you are far more likely to notice it and weight it more heavily. Everyone is subject to this bias, and nearly every dataless generalization people make about HN is an expression of it.

https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...


[flagged]


> Unlimited paid sick leave?

Yep. And unlimited paid vacation, too.


So if you said "I'm taking Jan-March off to go skiing" you just get to go chill in the alps for 3 month with full pay? Where are you working? Are they hiring?


Unlimited vacation as a perk at US tech companies and startups in particular is a total illusion. I'm sure they never use 4 weeks a year that most Europeans are legally entitled to and if they tried would probably find that it is not nearly as "unlimited" as advertised.


I don't know why you're getting downvoted, it's exactly true. In EU if you have 28 days of paid leave, the company has to give you that time off, no exceptions. In US companies with "unlimited" vacation time it's not really unlimited because most places would really not like if you took 28 days off a year(and promptly exercise their right to at will employment) and a lot of companies would say ok, you can have unlimited leave but you have to be on call. In Germany it's literally illegal for employees to bother employees while they are on holiday.


If a lot more than 100k is 150k you make more than 92% of Americans. At 180k it's more than 95% of Americans.

We are all really happy for you but most people aren't in the same boat comparing Europe and America based on how well it works out for the wealthy doesn't seem useful.


Also - if you have the power to demand that much payment, you have the power to negotiate a contract which protects you.

At-will employment doesn't apply here.


By severe misconduct, they mean having political views anywhere to the right of 'free market capitalism'.


Being shunned is the oldest, most effective social strategy for enforcing conformance that's worked for thousands of years. It's lost a lot of teeth recently as everyone can now find supportive communities for whatever dumb ass opinions they come to support and a lack of need for communal support to literally survive.

I tend not to buy into slippery slope arguments. I'm not going to bat an eye here.


What I find weird is why does anyone think ANY of these companies are meant to uphold free speech in the American sense?

Does Abercrombie and Fitch (or most fashion companies) make clothes of all sizes? No? Because what they produce is part of their brand as much as their marketing. They don't want overweight people wearing their stuff, it makes the brand not what they want it to be. Whether that is good or not is another debate.

Same with Twitch, Twitter, Facebook, Google, Parler or ANY other media platform. What they show publicly is part of their brand, along with their marketing etc.

The real issue is that society has come to see these brand platforms as being an inherent part of their ability to communicate. But they are borrowed megaphones at best.


See SCOTUS justice Clarence Thomas’ comments on why this such an alarming problem. (Was on HN front page recently)

https://www.protocol.com/bulletins/thomas-scotus-twitter-tru... and https://assets.documentcloud.org/documents/20579870/order-li...


The problem that I see in the logic is that Twitch is kicking people off of the platform that were at one point of their lives too fat to fit into an Abercrombie and Fitch T-shirt. If they are no longer fat, they still cant be part of the community or buy the t-shirt if it was up to Twitch.


Companies do dumb stuff to their branding ALL the time. See the Wix article where they shoot themselves in their own foot. (https://news.ycombinator.com/item?id=26728471)

I am NOT saying Twitch is doing a good job. But it is the company's platform, not society's, and they can do whatever stupid thing they want with it.




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