“Every other business is subject to negligence claims in court if they do something unreasonable. Brick-and-mortar companies are subject to a duty of care. If they act unreasonably, they can be sued. But with the same service now offered online by a platform, the platform is not subject to the duty of care and can’t be sued for negligence. So we have negligent or worse behavior by platforms being immunized while their rivals still can be sued.
“That has two consequences. One, I would argue it makes people less safe online. As more of our economy moves online, we’re essentially taking people from a place where they’re protected from negligence related to third-party conduct to one where no such protection exists. Second, it also creates a competitive disparity where brick-and-mortar firms who will remain subject to the standard duty of care have a harder time competing against platforms who can, as the saying goes, ‘move fast and break things.’”
“There’s some common ground between industry and advocates over the removal of illegal content from platforms, DigitalFrontiers Advocacy Principal Neil Fried told us. The goal should be for platforms to take ‘reasonable’ actions when moderating illegal content, he said. Both Fried and DelBianco agreed the First Amendment protects ‘lawful but awful’ content.”
“Measures that focus on consensus goals such as reducing harm to children or suppressing illegal content may have the best chance of success. ‘That seems to be where the real momentum is,’ says Neil Fried, former counsel on the House Committee on Energy and Commerce. ‘There’s a lot of people that are concerned about hate speech and bias and fake news, but those I think are going to take longer to sort out.’”
“‘Although the U.S. government does not take many such actions, those they do can have a greater deterrent effect than civil suits because criminal cases bring more attention, along with the possibility of jail time for convicted culprits,’ Fried notes.
“‘Indeed, a 2012 U.S. action against Megaupload—then the largest piracy ‘cyberlocker,’ accounting for 4 percent of all internet traffic—increased lawful digital sales by 6.5 to 8.5 percent for three major studios in 12 countries,’ he adds, citing an academic study from an MPAA funded research group.”
“‘Compounding matters is the lack of accountability of some major online platforms for their failure to prevent content theft and other illicit conduct over their services,’ the MPAA’s Senior Vice President Neil Fried writes.
“In its submission, the MPAA highlights that there are some voluntary agreements in place, with payment services and advertisers for example, but that’s not enough. Other platforms and intermediaries should follow suit, they argue.”
“To begin, Neil Fried, senior vice president of federal advocacy and regulatory affairs at the Motion Picture Association of America (MPAA), emphasized that the creative community has embraced the Internet because it provides so much access to content. However, those who work in the film industry are hurt by these easily accessible illegal streaming sites. To illustrate their accessibility, Fried pulled out a “pirate box” and played several live cable channels and films, including The Devil Wears Prada and Forrest Gump, two movies produced by co-panelist Wendy Finerman, an independent film and television producer.”
“WASHINGTON- The Motion Picture Association of America, Inc.(MPAA) today announced that Neil Fried has joined the organization as a Senior Vice President, Government and Regulatory Affairs. In this capacity, Fried will oversee all of the Association’s Federal and Regulatory Affairs efforts in Washington.”
“One of the few must-do pieces of legislation this year is the yearlong extension of the payroll tax cut, probably while also extending jobless benefits and the current Medicare payment rate for doctors.
“None of those is a technology issue, but Fried will be a player in the deal-making nonetheless because the negotiators are eager to find ways to offset the package’s cost and are eyeing $6 billion to $16 billion from auctioning slices of the broadcast spectrum to wireless Internet service providers.”