Google Case Heads to Supreme Court With Powerful Internet Shield Law at Stake
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Google Case Heads to Supreme Court With Powerful Internet Shield Law at Stake

Company’s defence against liability in 2015 Paris terrorist attack invokes ‘Magna Carta of the internet’

By JOHN D. MCKINNON
Tue, Feb 21, 2023 8:33amGrey Clock 4 min

WASHINGTON—Google goes before the U.S. Supreme Court this week to defend what is widely regarded as a pillar of the online economy—and one that is also being blamed for a proliferation of harmful content.

The law at issue, known as Section 230, gives internet platforms legal immunity for almost all third-party content hosted on their sites. A decision to limit that immunity could scramble the business models of the internet’s biggest companies—especially social media platforms such as Instagram, TikTok and Google’s YouTube that rely heavily on recommendation algorithms.

“Unless they reaffirm the status quo, they’re going to cause a huge disruption,” said Alan Rozenshtein, a University of Minnesota law professor, at a Brookings Institution panel discussion about the case last week, where he described Section 230 as “the Magna Carta of the internet.”

There is widespread support in Congress for overhauling Section 230, but legislative efforts to do so have stalled amid partisan disagreements over the diagnosis and the cure.

Lawmakers in both parties worry that the immunity law has helped spread promotion of harmful content to vulnerable groups such as children. Democrats also say the immunity has allowed companies to ignore false and dangerous information spreading online, while Republicans say it has enabled liberal-leaning tech companies to block conservative viewpoints.

That has put the Supreme Court in position to potentially rewrite a legal cornerstone of the internet. The case, Gonzalez v. Google, was brought by the family of an American college student, Nohemi Gonzalez, who was among more than 100 people killed during the 2015 Paris terrorist attacks.

The plaintiffs allege that YouTube failed to take down some ISIS terrorist videos and even recommended them to users. They say that makes Google liable for damages under the Anti-Terrorism Act, although they haven’t presented evidence that the terrorists involved saw those videos. In essence, the plaintiffs and their allies argue that Section 230 protection shouldn’t apply to platforms’ algorithmic recommendations of harmful content.

Google, a unit of Alphabet Inc., prevailed in lower courts by arguing that it is protected by Section 230 of the 1996 Communications Decency Act. The law is often known as a shield because it prevents platforms from being sued for hosting harmful user posts, a measure that has been credited with paving the way for internet platforms to prosper economically.

Section 230 also shields platforms from suits for blocking objectionable content. Lawmakers at the time hoped this would encourage internet companies to block harmful content such as sexual images of children, but detractors say tech platforms have used it to censor conservative viewpoints.

Groups supporting the plaintiffs, including some child-safety advocates and conservative free-speech proponents, say the case is a long-overdue chance to right a fundamental legal imbalance that has given the online platforms an unhealthy amount of power and influence.

They say the internet ecosystem has become a breeding ground for a range of social ills, from hate speech to eating disorders, largely because of the 1996 immunity shield for online platforms.

In friend-of-the-court briefs, several allies of the plaintiffs focused on the potential harms done to children online by algorithmic recommendation systems that aim to maximize minors’ engagement.

“We’ve all woken up 20 years later and the internet’s not great,” said Hany Farid, a computer science professor at the University of California, Berkeley, at the recent Brookings panel. “And maybe it’s time to start thinking about how to make the internet a more civilised place.”

But the prospect that Section 230 could be scaled back by the high court has caused a wave of worry in the internet industry.

Companies and others filing friend-of-the-court briefs in support of Google include Meta Platforms Inc., owner of Instagram and Facebook, and NetChoice, a trade group that includes TikTok, which is owned by China’s ByteDance Ltd.

Microsoft Corp. also took Google’s side, saying that platforms “inevitably will have to dramatically cut down on the content they allow on their services—even content they have no reason to believe falls afoul of any law.”

A number of conservative pro-business groups have sided with Google, along with the American Civil Liberties Union and the Progressive Policy Institute.

Limiting Section 230 would stifle the internet’s creative ferment by making platforms wary about recommending personalised content—the technology that has made platforms such as TikTok and Instagram so popular, said Jeff Kosseff, author of “The Twenty Six Words That Created the Internet,” a book about the Section 230 immunity law.

Also filing a brief in support of Section 230 were the sponsors of Section 230, Sen. Ron Wyden (D., Ore.) and former Rep. Christopher Cox (R., Calif.).

A ruling against Google “would subject platforms to liability for all of their decisions to present or not present particular third-party content—the very actions that Congress intended to protect,” the two wrote.

But in a worrisome development for internet companies, the Biden administration argues that expansive readings of the federal immunity law threaten to erode other legal protections.

“An overly broad reading of [the immunity law] would undermine the enforcement of other important federal statutes by both private plaintiffs and federal agencies,” the U.S. Solicitor General wrote in a friend-of-the-court brief.

The Supreme Court decided last fall to hear the case. Many legal scholars believe that Justice Clarence Thomas likely led the push to review the Gonzalez case, since he had previously suggested in court statements and opinions that the federal courts’ current interpretation of Section 230 could be too broad.

The case is scheduled for oral arguments before the court Tuesday, with a decision expected by the end of the high court’s term in late June or early July.

Some scholars believe that the justices could yet stop short of deciding the Gonzalez case. That is because the plaintiffs’ underlying claims under the Anti-Terrorism Act could be rejected by the justices in a similar case, Twitter Inc. v. Taamneh, which is set for arguments Wednesday.

The Twitter case was brought by family members of Nawras Alassaf, who was killed in an ISIS attack at an Istanbul nightclub in 2017. Mr. Alassaf’s relatives allege that Twitter, Google and Meta provided material support to ISIS and are “the vehicle of choice in spreading propaganda.”

Lawyers for Twitter, Google and Facebook have said in court filings that they have made extensive efforts to remove ISIS content and that there is no direct causal link between the websites and the Paris and Istanbul attacks.



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The Longevity Vacation: Poolside Lounging With an IV Drip

The latest trend in wellness travel is somewhere between a spa trip and a doctor’s appointment

By ALEX JANIN
Tue, Apr 16, 2024 4 min

For some vacationers, the ideal getaway involves $1,200 ozone therapy or an $1,800 early-detection cancer test.

Call it the longevity vacation. People who are fixated on optimising their personal health are pursuing travel activities that they hope will help them stay healthier for longer. It is part of a broader interest in longevity that often extends beyond traditional medicine . These costly trips and treatments are rising in popularity as money pours into the global wellness travel market.

At high-end resorts, guests can now find biological age testing, poolside vitamin IV drips, and stem-cell therapy. Prices can range from hundreds of dollars for shots and drips to tens of thousands for more invasive procedures, which go well beyond standard wellness offerings like yoga, massages or facials.

Some longevity-inspired trips focus on treatments, while others focus more on social and lifestyle changes. This includes programs that promise to teach travellers the secrets of centenarians .

Mark Blaskovich, 66 years old, spent $4,500 on a five-night trip last year centred on lessons from the world’s “Blue Zones,” places including Sardinia, Italy, and Okinawa, Japan, where a high number of people live for at least 100 years. Blaskovich says he wanted to get on a healthier path as he started to feel the effects of ageing.

He chose a retreat at Modern Elder Academy in Mexico, where he attended workshops detailing the power of supportive relationships, embracing a plant-based diet and incorporating natural movement into his daily life.

“I’ve been interested in longevity and trying to figure out how to live longer and live healthier,” says Blaskovich.

Vitamins and ozone

When Christy Menzies noticed nurses behind a curtained-off area at the Four Seasons Resort Maui in Hawaii on a family vacation in 2022, she assumed it might be Covid-19 testing. They were actually injecting guests with vitamin B12.

Menzies, 40, who runs a travel agency, escaped to the longevity clinic between trips to the beach, pool and kids’ club, where she reclined in a leather chair, and received a 30-minute vitamin IV infusion.

“You’re making investments in your wellness, your health, your body,” says Menzies, who adds that she felt more energised afterward.

The resort has been expanding its offerings since opening a longevity centre in 2021. A multi-day treatment package including ozone therapy, stem-cell therapy and a “fountain of youth” infusion, costs $44,000. Roughly half a dozen guests have shelled out for that package since it made its debut last year, according to Pat Makozak, the resort’s senior spa director. Guests can also opt for an early-detection cancer blood test for $1,800.

The ozone therapy, which involves withdrawing blood, dissolving ozone gas into it, and reintroducing it into the body through an IV, is particularly popular, says Makozak. The procedure is typically administered by a registered nurse, takes upward of an hour and costs $1,200.

Longevity vacationers are helping to fuel the global wellness tourism market, which is expected to surpass $1 trillion in 2024, up from $439 billion in 2012, according to the nonprofit Global Wellness Institute. About 13% of U.S. travellers took part in spa or wellness activities while traveling in the past 12 months, according to a 2023 survey from market-research group Phocuswright.

Canyon Ranch, which has multiple wellness resorts across the country, earlier this year introduced a five-night “Longevity Life” program, starting at $6,750, that includes health-span coaching, bone-density scans and longevity-focused sessions on spirituality and nutrition.

The idea is that people will return for an evaluation regularly to monitor progress, says Mark Kovacs, the vice president of health and performance.

What doctors say

Doctors preach caution, noting many of these treatments are unlikely to have been approved by the Food and Drug Administration, producing a placebo effect at best and carrying the potential for harm at worst. Procedures that involve puncturing the skin, such as ozone therapy or an IV drip, risk possible infection, contamination and drug interactions.

“Right now there isn’t a single proven treatment that would prolong the life of someone who’s already healthy,” says Dr. Mark Loafman, a family-medicine doctor in Chicago. “If it sounds too good to be true, it probably is.”

Some studies on certain noninvasive wellness treatments, like saunas or cold plunges do suggest they may help people feel less stressed, or provide some temporary pain relief or sleep improvement.

Linda True, a policy analyst in San Francisco, spent a day at RAKxa, a wellness retreat on a visit to family in Thailand in February. True, 46, declined the more medical-sounding offerings, like an IV drip, and opted for a traditional style of Thai massage that involved fire and is touted as a “detoxification therapy.”

“People want to spend money on things that they feel might be doing good,” says Dr. Tamsin Lewis, medical adviser at RoseBar Longevity at Six Senses Ibiza, a longevity club that opened last year, whose menu includes offerings such as cryotherapy, infrared sauna and a “Longevity Boost” IV.

RoseBar says there is good evidence that reducing stress contributes to longevity, and Lewis says she doesn’t offer false promises about treatments’ efficacy . Kovacs says Canyon Ranch uses the latest science and personal data to help make evidence-based recommendations.

Jaclyn Sienna India owns a membership-based, ultra luxury travel company that serves people whose net worth exceeds $100 million, many of whom give priority to longevity, she says. She has planned trips for clients to Blue Zones, where there are a large number of centenarians. On one in February, her company arranged a $250,000 weeklong stay for a family of three to Okinawa that included daily meditation, therapeutic massages and cooking classes, she says.

India says keeping up with a longevity-focused lifestyle requires more than one treatment and is cost-prohibitive for most people.

Doctors say travellers may be more likely to glean health benefits from focusing on a common vacation goal : just relaxing.

Dr. Karen Studer, a physician and assistant professor of preventive medicine at Loma Linda University Health says lowering your stress levels is linked to myriad short- and long-term health benefits.

“It may be what you’re getting from these expensive treatments is just a natural effect of going on vacation, decreasing stress, eating better and exercising more.”

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