The ban follows a long-running battle between Brazil’s supreme court and Elon Musk. It shows the country will no longer tolerate tech giants ignoring the rule of law.
An argument being made in another social media case (involving TikTok) is that algorithmic feeds of other users' content are effectively new content, created by the platform. So if Twitter does anything other than a chronological sorting, it could be considered to be making its own, deliberately-produced content, since they're now in control of what you see and when you see it. Depending on how the TikTok argument gets interpreted in the courts, it could possibly affect how Twitter can operate in the future.
Let’s say this goes through, how is a company going to prove it is not using an “algorithmic feed” unless they open source their code and/or provide some public interface to test and validate feed content?
Plus, even without an “algorithmic feed”, couldn’t some third party using bots control a simple chronological or upvote/like-based feed? And then those third parties, via contracts and agreements, would manipulate the content rather than the social media owner itself.
unless they open source their code and/or provide some public interface to test and validate feed content
This honestly seems like a good idea. I think one of the ways to mitigate the harm of algorithmically driven content feeds is openness and transparency.
The complexity and contradictions were illustrated by Tim Begbie, the lawyer representing the eSafety Commissioner in court. He said that in other cases X had chosen of its own accord to remove content, but that it resisted the order from the Australian government.
“X says [..] global removal is reasonable when X does it because X wants to do it, but it becomes unreasonable when it is told to do it by the laws of Australia,” Begbie told the court.
They retain authority by having some air of legitimacy. They can't just change laws, there has to be a due process just changing laws without a process is literally a dictatorship.