I'm in court right now, at a motion hearing in Fields v. Twitter.
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This is a motion to dismiss hearing.
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Right off the bat, Judge Orrick began the hearing with, "I'm inclined to grant the motion."
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"The idea of holding a company—that’s opened millions of accounts—as a terrorist organization… that seems like a problem to me."
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Former US Solicitor General Seth Waxman is representing Twitter in court. https://en.wikipedia.org/wiki/Seth_P._Waxman …
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(If you're thinking, "That doesn't seem like a thing you should be able to sue Twitter for," the law agrees with you.)
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Plaintiff's attorney is talking and judge is very skeptical.
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He came to a stopping point and Orrick literally says, "...kay. I disagree with you, but go ahead."
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The theory of the case is that Twitter is materially supporting terrorism.
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This is the same judge that presided over the PETA monkey selfie copyright case. He seems *more* skeptical in this hearing.
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I mean I guess he was secretly delighted by the monkey case, he seems kind of frustrated by this one.
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With respect to the ISIS fighter responsible for the attack: "You haven't even alleged that he ever used Twitter."
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Waxman (for Twitter) is now talking.
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Plaintiff is trying to dodge CDA 230 by saying they're holding Twitter responsible for allowing ISIS members to *open accounts,*
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rather than for the content of the tweets.
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Waxman says that's bullshit.
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He says complaint wouldn't make any sense if they alleged Twitter was allowing ISIS to open accounts "to send cat videos to each other."
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Seth Waxman says that he opened an account on Twitter on Saturday and now people are following him even though he's never tweeted lmao
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I don't know what this has to do with anything but Orrick is is asking clarifying questions like, "Just because you used your name?"
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Seth Waxman in court like
#nevertweet -
Waxman: “The act of opening an account is an act of providing content."
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What up
@sethpwaxman -
#ff@sethpwaxman, former Solicitor General of the United States of America and Twitter egg -
lol he had 4 followers before I tweeted that. He's going to be so surprised when he checks his Twitter again in a year
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Waxman says another material support for terrorism lawsuit was filed against Twitter and Facebook just yesterday.
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Waxman says that material support statute doesn't have an intentionality or causation requirement when government prosecutes.
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(????????)
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However he says that it's different when talking about the civil remedy.
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Waxman points out that federal law enforcement have never gone after online platforms for material support to terrorism.
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"These platforms have been around for a long time and the material support statute dates back to 1998."
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"No one in federal law enforcement has ever suggested that Facebook or Youtube or Twitter or Apple (????)..."
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