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June 22, 2012 01:05 am

Free Speech For Computers?

snydeq writes "Law professor Tim Wu sheds light on a growing legal concern: the extent to which computers have a constitutional right to free speech. 'This may sound like a fanciful question, a matter of philosophy or science fiction. But it's become a real issue with important consequences,' Wu writes. First it was Google defending — and winning — a civil suit on grounds that search results are constitutionally protected speech. Now it is doubling down on the argument amidst greater federal scrutiny. 'Consider that Google has attracted attention from both antitrust and consumer protection officials after accusations that it has used its dominance in search to hinder competitors and in some instances has not made clear the line between advertisement and results. Consider that the "decisions" made by Facebook's computers may involve widely sharing your private information. ... Ordinarily, such practices could violate laws meant to protect consumers. But if we call computerized decisions "speech," the judiciary must consider these laws as potential censorship, making the First Amendment, for these companies, a formidable anti-regulatory tool.'"

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