Entrusting our speech to multiple different corporate actors is always risky. Yet given how most of the internet is currently structured, our online expression largely depends on a set of private companies ranging from our direct Internet service providers and platforms, to upstream ISPs (sometimes...
There is a middle ground. The FDA shouldn’t have the power to ban a product from the market. They should be able to publish their recommendations, however, and people who trust them can choose to follow those recommendations. Others should be free to publish their own recommendations, and some people will choose to follow those instead.
Applied to online content: Rather than having no filter at all, or relying on a controversial, centralized content policy, users would subscribe to “reputation servers” which would score content based on where it comes from. Anyone could participate in moderation and their moderation actions (positive or negative) would be shared publicly; servers would weight each action according to their own policies to determine an overall score to present to their followers. Users could choose a third-party reputation server to suit their own preferences or run their own, either from scratch or blending recommendations from one or more other servers.
That isn’t a middle ground. You’re just saying the state can publish a recommendation, which it always has been able to. That’s absolutely in the “unregulated” / “no safety nets” camp. It’s caveat emptor as a status quo and takes us back to the gilded age.
To put it another way: The middle ground between “the state has no authority here” and “the state can regulate away a product” isn’t “the state can suggest we don’t buy it.” It still puts the burden on the consumer in an unreasonable way. We can’t assess literally everything we consume. If I go to a grocery store and buy apples, I can reasonably assume they won’t poison me. Without basic regulations this is not possible. You can’t feed 8 billion people without some rules.
Let me be clear, I agree with the EFF on this particular issue. ISP’s should not regulate speech and what sites I browse. But it’s not the same as having the FDA. For starters, ISP’s are private corporations.
You misunderstood. It’s not a middle ground between “can regulate” and “cannot regulate”. That would indeed be idiotic. It’s a middle ground between “must judge everything for yourself” and “someone else determines what you have access to”. Someone else does the evaluation and tells you whether they think it’s worthwhile, but you choose whose recommendations to listen to (or ignore, if you please).
So you want a society based on “caveat emptor” and want to ignore the reality that people can’t possibly make fully informed decisions about everything they do daily, resulting in needless deaths and a collective shrug from society?
“Privilege” doesn’t even begin to describe your stance.
That’s putting too much responsibility on the average person, who doesn’t have the time to become educated enough in biology and pharmacology to understand what every potentially harmful product may do to them. What if they never even hear the FDA recommendation?
Also, though you’d like to think this would only harm the individual in question who purchases a harmful product, there are many ways innocent third parties could be harmed through this. Teratogens are just one example.
This kind of laissez-faire attitude just doesn’t work in the real world. There’s a reason we ban overtly harmful substances.
Then the FDA isn’t doing a very good job, are they? Ensuring that people hear their recommendations (and trust them) would be among their core goals.
The rare fringe cases where someone is affected indirectly without personally having choosen to purchase the product can be dealt with through the courts. There is no need for preemptive bans.
I am ok with preemptive bans on mercury in products we make contact with. Are you not?
No, I am not okay with bans like that. You should be able to knowingly buy products with mercury in them. Obviously if someone is selling products containing mercury and not disclosing that fact, passing them off as safe to handle, that would be a problem and they would be liable for any harm that resulted from that. But it doesn’t justify a preemptive ban.
How? We have no bans or restrictions on it. Who is enforcing this and how? Who is determining the acceptable amount of mercury in our food when you don’t want the FDA around to do that? You’re just assuming these things will happen without any apparatus for knowledge or enforcement.
Victim: “they put too much mercury in this product.”
Vendor: “others have mercury too you can’t possibly say this was all my fault or even to what degree.”
Society: shrugs
If you knowingly sell me a car with an engine about to fail, you are in no way accountable. Are you going to seriously expect every single American to become a mechanic overnight? To be able to diagnose the condition of a modern engine in 2023?
It is not reasonable to ask everybody to become experts with everything they use or need. We don’t live in rural communities in the 1500s. The breadth and depth of knowledge you need now is exponentially more burdensome. Hence why we have specialized so much.