this post was submitted on 21 Sep 2024
80 points (90.0% liked)

Technology

59673 readers
3161 users here now

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


founded 1 year ago
MODERATORS
all 12 comments
sorted by: hot top controversial new old
[–] [email protected] 19 points 2 months ago (1 children)

WTF is first amendment anonymity?

[–] Siegfried 14 points 2 months ago (1 children)

In November 2023, the publisher of smash-hit videogame Genshin Impact obtained a DMCA subpoena hoping to identify who was behind the leak of unreleased artwork on Elon Musk's X platform. X Corp. challenged the subpoena, citing the user's anonymous speech rights under the First Amendment. In an order published this week, a district court judge denied X Corps' motion to quash, in theory exposing the alleged leaker's identity to Cognosphere.

[–] [email protected] 14 points 2 months ago (2 children)

citing the user's anonymous speech rights under the First Amendment.

Is there any validity to this theory?

I never heard anonymity being protected by 1st AM

[–] [email protected] 21 points 2 months ago

Accordingly, an author’s decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment.

US Supreme Court, McIntyre v. Ohio Elections Commission (1995)

More:

https://epic.org/issues/democracy-free-speech/anonymity/

[–] lath 13 points 2 months ago (1 children)

A quick skim says anonymity is protected under it, with exceptions. Mostly for criminal acts. Particularly here, if the leaked artwork falls under "intellectual property" then the exception applies and anonymity isn't protected.

[–] [email protected] 5 points 2 months ago (1 children)

The regime works in mysterious ways

[–] [email protected] 8 points 2 months ago

It's not mysterious, it's just capital

[–] DelightfullyDivisive 15 points 2 months ago (1 children)

Under what circumstances does the first amendment guarantee anonymity?

[–] [email protected] 14 points 2 months ago

Back in the day, journalists went to prison to protect their sources. It was considered a rite of passage or a badge of honor. I highly doubt anyone at Twitter is willing to go to prison for their sources.

[–] [email protected] 14 points 2 months ago

As much as I dislike twatter, for once I agree with them as I'm a firm believer people should be able to leak things as minor as concept art or unused game art.

[–] Badeendje 4 points 2 months ago

So are they now a publisher? It seems they want to have it both ways.. you are either a platform provider and not responsible for the content.. or you are. Want to protect people .. be a publisher with everything that comes with that.