The feed is the content
… the essential content of social media is now the feeds produced by the platforms, not the individual messages posted by users. Go to Instagram and scroll through your feed. It’s obvious that what you’re experiencing is not discrete bits of user-generated content. It’s an elaborate, finely tuned media production manufactured by Instagram for an audience of one: you. The same goes for YouTube, X, TikTok, Facebook, Snapchat, Substack Notes, and, with a few exceptions, all the rest.
The feed is the content, and the social media company is its publisher. Period.
The question of whether social media companies should be held liable for harming people is a legally complex one, which would best be answered through courts of law. And that’s what should happen. Let the plaintiffs make their case, and let the defendants defend themselves. Section 230’s safe harbor doesn’t apply. Social media companies are, like other media companies, in the content-production business, and they’re responsible for their programming.
I totally agree.
The capabilities of “mere conduit” digital infrastructure remain practical and useful; versions of this include, e.g., domain registrars and compute providers. Snag a domain on Gandi, spin up a worker on Cloudflare, and nobody will ever know about it unless you take some other action, under your own steam, to circulate what you’d made.
As Nick says, the big platforms are totally different: way beyond infrastructure.
Like I wrote in my most recent newsletter:
To the blog home pageIt’s only with abstraction that the trouble begins; only when connections become impersonal and automatic; when the owners and operators of internet systems reject the responsibility of standing behind the material they transmit and, especially, promote.