South Florida Sun-Sentinel (Sunday)

Judge denies Parler plea

Amazon won’t yet be forced to restore web service to app

- By Matt O’Brien

Amazon won’t be forced to immediatel­y restore web service to Parler after a federal judge ruled against a plea to reinstate the fast-growing social media app, which is favored by followers of former President Donald Trump.

U.S. District Judge Barbara Rothstein in Seattle said she wasn’t dismissing Parler’s “substantiv­e underlying claims” against Amazon, but said it had fallen short in demonstrat­ing the need for an injunction forcing it back online.

Amazon kicked Parler off its web-hosting service Jan. 11. In court filings, it said the suspension was undertaken as a “last resort” to block Parler from harboring violent plans to disrupt the presidenti­al transition.

The Seattle tech giant said Parler had shown an “unwillingn­ess and inability” to remove a slew of dangerous posts that called for the rape, torture and assassinat­ion of politician­s, tech executives and many others.

The app, a magnet for the far right, sued to get back online, arguing that Amazon Web Services had breached its contract and

deal with a group of French publishers paving the way for the company to make digital copyright payments. Under the agreement, Google will negotiate individual licensing deals with newspapers, with payments based on factors such as the amount published daily and monthly internet site traffic.

But Google is resisting the Australian plan because it would have less control over how much it would have to pay. Under the Australian system, if an online platform and a news business can’t agree on a price for news, an arbitratio­n panel would make a binding decision on payment.

Silva said Google was willing to pay a wide and diverse group of news publishers for the value they added, but not under the rules as proposed, which included payments for links and snippets.

She said the code’s “biased arbitratio­n model” also posed unmanageab­le financial and operationa­l risks for Google. She suggested a series of tweaks to the bill.

“We feel there is a workable path forward,” Silva said.

Asked by one senator how much tax it pays, Silva said last year it paid about $46 million on revenues of $3.7 billion.

Like in many other countries, Google dominates internet searches in

Australia. Silva told senators about 95% of searches in the nation are done through Google. Facebook also opposes the rules and has threatened to remove news stories from its site in Australia. Simon Milner, a Facebook vice president, said the sheer volume of deals it would have to strike would be unworkable.

The Australia Institute, an independen­t think tank, said lawmakers should stand firm against Google’s bullying.

“Google’s testimony today is part of a pattern of threatenin­g behavior that is chilling for anyone who values our democracy,” said Peter Lewis, the director of the institute’s Centre for Responsibl­e Technology.

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