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	Comments on: A Short Explainer of Why California&#8217;s Mandatory Transparency Bill (AB 587) Is Terrible	</title>
	<atom:link href="https://blog.ericgoldman.org/archives/2022/08/a-short-explainer-of-why-californias-mandatory-transparency-bill-ab-587-is-terrible.htm/feed" rel="self" type="application/rss+xml" />
	<link>https://blog.ericgoldman.org/archives/2022/08/a-short-explainer-of-why-californias-mandatory-transparency-bill-ab-587-is-terrible.htm</link>
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		<title>
		By: Guitarcub		</title>
		<link>https://blog.ericgoldman.org/archives/2022/08/a-short-explainer-of-why-californias-mandatory-transparency-bill-ab-587-is-terrible.htm#comment-3401</link>

		<dc:creator><![CDATA[Guitarcub]]></dc:creator>
		<pubDate>Thu, 15 Sep 2022 15:16:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24248#comment-3401</guid>

					<description><![CDATA[So, essentially, you are saying there is nothing the government can do about hate speech on the Internet that wouldn&#039;t violate First Amendment rights.  Leave it up to the providers, and if you don&#039;t like what they are providing, go to another platform.]]></description>
			<content:encoded><![CDATA[<p>So, essentially, you are saying there is nothing the government can do about hate speech on the Internet that wouldn&#8217;t violate First Amendment rights.  Leave it up to the providers, and if you don&#8217;t like what they are providing, go to another platform.</p>
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		<title>
		By: yrba		</title>
		<link>https://blog.ericgoldman.org/archives/2022/08/a-short-explainer-of-why-californias-mandatory-transparency-bill-ab-587-is-terrible.htm#comment-3400</link>

		<dc:creator><![CDATA[yrba]]></dc:creator>
		<pubDate>Thu, 15 Sep 2022 09:52:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24248#comment-3400</guid>

					<description><![CDATA[Thank you. As a non-attorney, this bill clearly sounds censoring and a violation of the First Amendment. Ex: who decides what constitutes &quot;hate speech,&quot; and by whom, against whom? For example, under &quot;hate crime&quot; law, there are certain protected categories, such as race, and sexual orientation. However, neither &quot;sex&quot; nor &quot;women&quot; is a protected class. So if a white person rapes a person of color, and makes a racist statement at the time, there&#039;d be a hate enhancement. But if a man rapes a woman and makes a sexist statement then: no hate  enhancement. 

Further, what to do of people claiming to be who they aren&#039;t? Twitter banned a  feminist publisher for calling a man who claimed to be a woman &quot;he&quot;: a biological fact. Even his legal documents at the time still stated he was male.  Is stating biological reality &quot;hateful&quot;? Or protected freedom of thought and speech?  What about the legalities &quot;hate&quot; regarding adults who claim to be minors, and minors who claim to be  adults? Would it be &quot;hateful&quot; to say a 10 year old who claims to be 16 shouldn&#039;t be allowed to apply for a driver&#039;s license? Or to say that a 25 year old who committed murder who claims to have been 12 years old at the  time of the crime shouldn&#039;t be allowed to request being tried as a minor? What if the man &quot;hatefully&quot; referred to as &quot;he,&quot; above, was demanding access to women&#039;s and girl&#039;s locker rooms on the basis of his &quot;internally felt sense of self as a woman&quot;? And had an online history of making indecent remarks about girls in bathrooms? Who would be the &quot;hateful&quot; one here? Twitter deemed him to be the target of &quot;hate&quot; for being called &quot;he.&quot; This illustrates the problem with all legislation attempting to determine what constitutes &quot;hate&quot;: such claims are subjective, and can be used to label the victim as the perpetrator of it. Is it &quot;hateful&quot; for women to talk about misogyny? For people of color to talk about racism? For homosexuals to talk about homophobia? 

To Eric Goldman, can organizations aing on to, submit amicus briefs, or otherwise participate in legal efforts to oppose this law? 

And why would Gavin Newsom take the  political risk to support this bill given his apparent presidential aspirations? This seems like a significant misstep. I guess he calculates differently, under the demand to &quot;do something.&quot; It alsmot seems like a Sen. Weiner strategy, of raking parent&#039;s many complaints about online indoctrination of their kids by &quot;transgender&quot; activists, responding by doubling down on allowing the genderists to continue their indoctrination, with this fake form of &quot;protecting&quot; kids by instead, no doubt, protecting the indoctrinators.]]></description>
			<content:encoded><![CDATA[<p>Thank you. As a non-attorney, this bill clearly sounds censoring and a violation of the First Amendment. Ex: who decides what constitutes &#8220;hate speech,&#8221; and by whom, against whom? For example, under &#8220;hate crime&#8221; law, there are certain protected categories, such as race, and sexual orientation. However, neither &#8220;sex&#8221; nor &#8220;women&#8221; is a protected class. So if a white person rapes a person of color, and makes a racist statement at the time, there&#8217;d be a hate enhancement. But if a man rapes a woman and makes a sexist statement then: no hate  enhancement. </p>
<p>Further, what to do of people claiming to be who they aren&#8217;t? Twitter banned a  feminist publisher for calling a man who claimed to be a woman &#8220;he&#8221;: a biological fact. Even his legal documents at the time still stated he was male.  Is stating biological reality &#8220;hateful&#8221;? Or protected freedom of thought and speech?  What about the legalities &#8220;hate&#8221; regarding adults who claim to be minors, and minors who claim to be  adults? Would it be &#8220;hateful&#8221; to say a 10 year old who claims to be 16 shouldn&#8217;t be allowed to apply for a driver&#8217;s license? Or to say that a 25 year old who committed murder who claims to have been 12 years old at the  time of the crime shouldn&#8217;t be allowed to request being tried as a minor? What if the man &#8220;hatefully&#8221; referred to as &#8220;he,&#8221; above, was demanding access to women&#8217;s and girl&#8217;s locker rooms on the basis of his &#8220;internally felt sense of self as a woman&#8221;? And had an online history of making indecent remarks about girls in bathrooms? Who would be the &#8220;hateful&#8221; one here? Twitter deemed him to be the target of &#8220;hate&#8221; for being called &#8220;he.&#8221; This illustrates the problem with all legislation attempting to determine what constitutes &#8220;hate&#8221;: such claims are subjective, and can be used to label the victim as the perpetrator of it. Is it &#8220;hateful&#8221; for women to talk about misogyny? For people of color to talk about racism? For homosexuals to talk about homophobia? </p>
<p>To Eric Goldman, can organizations aing on to, submit amicus briefs, or otherwise participate in legal efforts to oppose this law? </p>
<p>And why would Gavin Newsom take the  political risk to support this bill given his apparent presidential aspirations? This seems like a significant misstep. I guess he calculates differently, under the demand to &#8220;do something.&#8221; It alsmot seems like a Sen. Weiner strategy, of raking parent&#8217;s many complaints about online indoctrination of their kids by &#8220;transgender&#8221; activists, responding by doubling down on allowing the genderists to continue their indoctrination, with this fake form of &#8220;protecting&#8221; kids by instead, no doubt, protecting the indoctrinators.</p>
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		<title>
		By: A Short Explainer of Why California&#039;s Social Media Addiction Bill (AB 2408) Is Terrible - Technology &#38; Marketing Law Blog		</title>
		<link>https://blog.ericgoldman.org/archives/2022/08/a-short-explainer-of-why-californias-mandatory-transparency-bill-ab-587-is-terrible.htm#comment-3340</link>

		<dc:creator><![CDATA[A Short Explainer of Why California&#039;s Social Media Addiction Bill (AB 2408) Is Terrible - Technology &#38; Marketing Law Blog]]></dc:creator>
		<pubDate>Wed, 10 Aug 2022 15:43:45 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24248#comment-3340</guid>

					<description><![CDATA[[&#8230;] poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law. Today, I&#8217;m covering AB 2408, a performative &#8220;protect kids online&#8221; bill that kick [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law. Today, I&#8217;m covering AB 2408, a performative &#8220;protect kids online&#8221; bill that kick [&#8230;]</p>
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