Michael Bissell
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Terms of Service in lieu of Legal Governance

2021-01-10 10:30:00

I’m going to try to keep my personal feelings about the riots and what lead to them out of this post. I do need to say that what happened on January 6th, 2021 is a result of lack of balance, lack of understanding that at some point, when debate moves into lies and inciting violence a line is crossed, and we need ways to define and enforce those lines.

But as a technologist, I have a problem with leaving it in the hands of the corporations. Twitter has banned Donald Trump’s Twitter account. Facebook has "suspended" it indefinitely. Google and Apple have removed Parler from their mobile device stores, and now, AWS, the cloud hosting for well over a third of everything on the Internet, AWS has suspended Parler’s ability to host.

The reason that these companies are able to suspend the President of the United States’ accounts and remove entire platforms is because of a "violation of terms of service." Now I put that in quotes in part because those terms always have a clause that says the terms can change at any time, and that those terms are not law.

So, while I am angry, frightened and sad by what we’ve seen with the echo chambers and the misinformation and outright lying, leaving it in the hands of "terms of service" is exactly what we should not do – we need clarity, not arbitrary ToS violations.

Companies like Twitter and Facebook took so long to do anything because they are not the arbitrators of truth. They are tech companies that are pushing the boundaries of communications platforms and building new ways for human beings to connect.

Human beings, of course, are flawed creatures that don’t always connect very well, which is why we have governance. We cannot assume corporations have the good of the community first and foremost, in fact we have to assume they have the good of the shareholders first and foremost because that’s baked into corporate law.

We can be frustrated that Twitter allowed things to go as far as they did. We can be angry that AWS makes money from hosting platforms like Parler. But we have to remember that they are not the arbitrators of truth – we are.

If we really want to balance the innovation and growth we’ve seen with the Internet and cloud technology, we need to start talking about where the lines are, what questions are okay to ask, and when exploring ideas becomes lies and propaganda.

I always say we define rules so we know when we’re breaking them. It’s okay to break the rules sometimes, it’s part of civil disobedience and it’s part of growth and discovery. But we define those rules so we know when we’re breaking them. I honestly feel that a lot of people don’t realize how far beyond reasonable discourse the rhetoric has gone. And that’s because we don’t have clear rules to operate under.
A clear set of rules, that we all follow, not just one company’s Terms of Service, means small, innovative companies know where they stand when using platforms like AWS, they can reference a body of law, not constantly review the ToS for the half dozen providers they need to make their venture work.

In the vacuum of regulation, using Terms of Service violations to enforce social justice is the only option. And while I’m glad to see these companies stepping up, I’m afraid that without strong legal backing, actual rules to help us define truth and lies, debate and insurrection, these companies are stuck acting as judge and jury without true authority, and this way leads to chaos.


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  • Got Curry? And some bizarre art?
  • Web 1.0
  • Random Music and Random Life in Portland
  • To the dump, to the dump, to the dump dump dump
  • Flight Simulator
  • Cold night, hot fire, happy cat
  • Net Neutrality
  • Walking to work in the snow
  • A window into Moreland of the Past
  • Getting clever with data feeds
  • Big and Little Beirut
  • The Other Credit Crisis
  • The Broadband Inauguration
  • T-Mobile owns Magenta and Other Patent Stories
  • The Risk-takers, Doers and Makers of Things
  • The noise of 20,000+ Twitter Followers
  • Reflections on my DC Trip
  • Born Again American
  • 30,000 feet, 500 MPH Suburban Strip Mall
  • Cellphones, toilets and the Inauguration
  • The wall of pissing
  • National Treasure/National Archives
  • My trip to DC so far
  • Everyone is insane
  • Getting ready for DC
  • The End of Days (of song): Microsoft Songsmith Example
  • The Very Model of a Modern Major General
  • Browser Bigotry
  • The Death of your Soul: Microsoft Songsmith
  • Creative Development or Developing Creatively?
  • Race to Witch Mountain
  • The Myth of Wikipedia (or the Wiki-1400)
  • Online/Offline Sales -- is it really that bad?
  • Is PayPal Tacky?
  • Old School Web Design Still Works
  • Domain Squatting
  • Christmas Fire
  • Green Chri$tma$
  • QA 101
  • Portland Snow
  • Get some return on that web traffic
  • I think they have a backup...
  • I'd love to have that problem
  • The [un]importance of statistics
  • Don't be a tool of viral marketing
  • CAT Scan!
  • Follow up to the shoulder injury
  • Emails, discussions, blogs, wiki and web content
  • Ironic Injury
  • On the Santa Monica Pier
  • You Designed for Print First
  • You let someone else register your domain name
  • You figured .biz, .info, .us would work fine
  • What's after the Integrated Circuit?
  • Intelligent life is out there (but it's bugger all down here on earth)
  • Subject Matter Experts Talking Other Subject Matter
  • The Totalitarian Regime of Apple
  • Oversimplifying how people work
  • crowdSPRING
  • Creative Services for the New World
  • Reverse Anthropomorphism
  • The End of Time
  • Oil prices and birdsong
  • Watching Starship Troopers AGAIN!
  • Better Living Through Twitter
  • Lessons Learned From Apple
  • It's the Brand, Baby
  • Business Architecture vs. Web Construction
  • On Truth
  • You can't build life
  • Accidentally Drunk in Portland
  • Al Gore the Winner
  • Intelligent life is out there (but it’s bugger all down here on earth)
  • Aussie Rules Football
  • Trip to Nostalgia Land
  • I am such an idiot
  • Long day of travel
  • Miami -- as far from Portland as you can go in the US
  • Inverse Peter Principle
  • COMPLETE GEEKOUT:MD5s as database keys
  • Random Knowledge
  • I'm fascinated with modern plumbing
  • Leaving Seattle (or why you should keep your ticket close)
  • On the Rails
  • The Hive

© Michael Bissell. All rights reserved.