Why Facebook Is Not a Common Carrier (Featured Blog)

The ever-entertaining Fifth Circuit has recently upheld a strange Texas law that forbids most kinds of social media moderation. (Techdirt explains many of the reasons the court is wrong, so I won't try.) This brings us to the trendy question of whether Facebook, Twitter, et al. should be treated as common carriers. You can make a good argument to separate the point-to-point data transport from the ISP and make the former common carriage. More...