Online platforms such as Google Photos and DropBox search user accounts for harmful content, such as child pornography and inappropriate chats with minors. While they are permitted to search accounts for harmful materials to comply with federal laws and maintain their platform’s integrity, sometimes their efforts to do so can infringe on user rights (despite their purported goal of protecting users), or you may be accused of a crime you did not commit as a result of their search. A criminal defense attorney can evaluate your circumstances and defend you against criminal charges.
What Is The Legal Basis For Monitoring?
Section 230 of the Communications Act of 1934 was enacted as part of the Communications Decency Act of 1996. Section 230 offers providers and users of their platforms limited federal immunity related to inappropriate online content. Specifically, the statute generally prevents providers and users from being held liable for online content provided by another person. However, it does not preclude them from being held legally responsible “for information that they have developed or for activities unrelated to third-party content.” In other words, the providers or users remain responsible for the content they generate. What is the practical application of this law? Courts have interpreted Section 230 to allow social media companies to take down harmful content generated by their users without liability to the user.
Why Is Increased Monitoring Necessary?
Increased monitoring is necessary to limit harmful online content. Platforms actively work to find and remove harmful and illegal content such as hate speech, child exploitation, and cyberbullying. While platforms want to maintain a safe online experience and prevent harm to their users, they likewise wish to avoid damage to their reputations. As such, they sometimes fail to follow their policies and remove arguably appropriate content that did not warrant removal from the site.
What Are The Legal Implications of Such Monitoring?
Although online platforms aim to protect users (and themselves) from liability by searching accounts for harmful content, specific freedoms must be balanced, primarily free speech. Moderating the content of platform users means balancing an individual’s right to free speech and protecting others, including children, from harm.
As technology advances and online platforms develop unique search functions for content moderation, they must be transparent about their processes. And, if someone’s content requires removal, the platforms must provide users with sufficient explanations and an appeal process.
What Monitoring Policies Do Online Platforms Have?
Online platforms typically provide policies on their website so users can understand how the platform will monitor their online activity and protect against objectionable material. These policies are usually found in their terms of service, which often outline the specific prohibited content and how the platform will address violations of its terms.
The platforms also typically describe their monitoring processes. For example, in its content policy, Google states that it “uses automated systems to discover content from the web and other sources” to help protect against the presence of objectionable content. The policy also shows that it “may manually remove content that goes against Google’s content policies, after a case-by-case review from [their] trained experts.”
Contact Frank & Juengel Law Group P.C.
If you have been charged with a crime related to online conduct in Missouri or Illinois, call an experienced criminal defense attorney at Frank & Juengel Law Group P.C. today. Our attorneys have received the highest rating AV by Martindale Hubble. When you hire our firm, you will benefit from over fifty years of experience, including the insight and knowledge from a former prosecutor and military attorney. Contact us for a free phone consultation when you need criminal defense representation.