Tumblr, Porn, and Internet Intermediaries

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3 Responses

  1. Bruce Boyden says:

    Bill, interesting post. It sort of suggests that the perception of the immunity is more important than the actual immunity.

  2. PrometheeFeu says:

    Of course, relying upon proprietorial discretion presents very serious problems. It basically means that the government can blackmail those who have come to rely upon that proprietorial discretion. Some day, the government will want something from Yahoo and when Yahoo says no, the government will able point to tumblr and ask managers, employees or execs if they’re ready to go to jail.

  3. William McGeveran says:

    Clearly, prosecutorial discretion is not reliable protection. Look no further than CFAA prosecutions like the Aaron Swartz case. But lawyers rely on it all the time when assessing realistic risk, and that appears to be Yahoo!’s approach here.