{"id":5468,"date":"2021-01-11T18:09:10","date_gmt":"2021-01-11T23:09:10","guid":{"rendered":"http:\/\/cafe.nfshost.com\/?p=5468"},"modified":"2021-01-11T18:09:10","modified_gmt":"2021-01-11T23:09:10","slug":"parler-sues-amazon-asks-court-to-reinstate-platform","status":"publish","type":"post","link":"https:\/\/cafe.nfshost.com\/?p=5468","title":{"rendered":"Parler sues Amazon, asks court to reinstate platform"},"content":{"rendered":"\n<h1 class=\"has-text-align-center wp-block-heading\" id=\"page-title\">Parler sues Amazon, asks court to reinstate platform<\/h1>\n\n\n\n<p>By <a href=\"https:\/\/thehill.com\/author\/john-kruzel\">John Kruzel<\/a> and <a href=\"https:\/\/thehill.com\/author\/chris-mills-rodrigo\">Chris Mills Rodrigo<\/a> &#8211; 01\/11\/21 12:37 PM ES<\/p>\n\n\n\n<p>Social media company Parler sued Amazon on Monday, alleging that its suspension from Amazon&#8217;s hosting service violated antitrust law and breached the companies&#8217; contractual arrangement.<\/p>\n\n\n\n<p>In its lawsuit, Parler, which is especially popular among conservatives, asked a federal judge to order that the platform be reinstated online.<\/p>\n\n\n\n<p>The <a href=\"https:\/\/drive.google.com\/file\/d\/10N3_J2fVHxGUYeuc-xL0cRWWVPQylnoM\/view\">18-page complaint<\/a>, filed in U.S. District Court in Seattle, where Amazon is headquartered, accuses Amazon Web Services (AWS) of applying a politically motivated double standard to Parler in contrast to its treatment of the more mainstream social media giant Twitter.<\/p>\n\n\n\n<p>\u201cAWS\u2019s decision to effectively terminate Parler\u2019s account is apparently motivated by political animus,\u201d the lawsuit reads. \u201cIt is also apparently designed to reduce competition in the microblogging services market to the benefit of Twitter.\u201d<\/p>\n\n\n\n<p>Multiple legal experts told The Hill that Parler&#8217;s antitrust claim was unlikely to succeed. The lawsuit does not establish that Parler&#8217;s suspension was part of an agreement between Amazon and Twitter, the rival social media company that Parler identified as the beneficiary of its shutdown.<\/p>\n\n\n\n<p>\u201cOn the antitrust side, it&#8217;s pretty weak,\u201d said Erik Hovenkamp, a law professor at the University of Southern California. \u201cThe biggest flaw in the complaint by far is really just that it doesn\u2019t allege facts that would indicate a conspiracy between Amazon and Twitter.\u201d<\/p>\n\n\n\n<p>The lawsuit comes a day after Amazon suspended Parler, citing concerns it could not adequately screen out potentially incendiary content, including material that incites violence. It also follows Wednesday&#8217;s deadly, Trump-inspired insurrection at the U.S. Capitol that left five people dead.<\/p>\n\n\n\n<p>The app saw a massive surge in users between the mob attack at the Capitol and when it was pulled down from Amazon Web Services.<\/p>\n\n\n\n<p>Parler saw approximately 825,000 installs from the Apple and Google stores between Wednesday and Sunday, a more than 1,000 percent increase from the same period a week earlier, according to data from SensorTower shared with The Hill.<\/p>\n\n\n\n<p>Parler told the court that its newfound popularity explained part of the urgency behind its emergency request to have its suspension reversed.<\/p>\n\n\n\n<p>&#8220;It will kill Parler\u2019s business \u2014 at the very time it is set to skyrocket,&#8221; the filing states.<\/p>\n\n\n\n<p>In addition to its antitrust claim, Parler also alleged that Amazon breached their contract by not giving 30 days notice before terminating Parler\u2019s account.&nbsp;<\/p>\n\n\n\n<p>However, Amazon told The Hill that it notified Parler over the past several weeks that numerous posts on its site had promoted violence, in violation of their agreed-upon terms. According to a letter obtained by BuzzFeed, Amazon informed Parler of 98 examples of content \u201cthat clearly encourage and incite violence\u201d over that timeframe.<\/p>\n\n\n\n<p>&#8220;We made our concerns known to Parler over a number of weeks and during that time we saw a significant increase in this type of dangerous content, not a decrease, which led to our suspension of their services Sunday evening,\u201d an AWS spokesperson told The Hill.<\/p>\n\n\n\n<p>However, Amazon <a href=\"https:\/\/www.nytimes.com\/2021\/01\/09\/technology\/apple-google-parler.html\" target=\"_blank\" rel=\"noreferrer noopener\">reportedly notified Parler<\/a> over the past several weeks that numerous posts on its site had promoted violence, in violation of their agreed-upon terms. According to a letter obtained by BuzzFeed, Amazon informed Parler of 98 examples of content \u201cthat clearly encourage and incite violence\u201d over that timeframe.<\/p>\n\n\n\n<p>David Hoffman, a law professor at the University of Pennsylvania, said it would severely undercut Parler\u2019s breach of contract claim if in fact Amazon had warned the company repeatedly that it was playing host to offensive material.<\/p>\n\n\n\n<p>\u201cIt&#8217;s not simply that there&#8217;s one day of bad posts,\u201d Hoffman said, referring to Amazon\u2019s letter. \u201cThere have been repeated warnings over time about Parler\u2019s failure to comply with Amazon&#8217;s terms of use. Given those repeated warnings over time, it&#8217;s sort of rich to say, \u2018You didn\u2019t give us enough time.\u2019\u201d<\/p>\n\n\n\n<p>Hoffman also noted that Amazon&#8217;s standard policy is to resolve web-hosting disputes through an arbitration process rather than in the courts, presenting another potential legal pitfall for Parler.&nbsp; &nbsp;<\/p>\n\n\n\n<p>Amazon&#8217;s suspension of Parler came after the Apple and Google app stores \u2014 essentially the only places for Americans to download mobile apps \u2014 decided over the weekend to stop carrying Parler.<\/p>\n\n\n\n<ul><li><a href=\"https:\/\/thehill.com\/policy\/technology\/533593-parler-goes-dark-after-move-by-amazon?utm_source=thehill&amp;utm_medium=widgets&amp;utm_campaign=es_recommended_content\">Parler goes dark after move by Amazon<\/a><\/li><li><a href=\"https:\/\/thehill.com\/policy\/international\/europe\/533609-merkel-finds-twitters-block-on-trump-problematic?utm_source=thehill&amp;utm_medium=widgets&amp;utm_campaign=es_recommended_content\">Germany&#8217;s Merkel finds Twitter ban on Trump account &#8216;problematic&#8217;<\/a><\/li><\/ul>\n\n\n\n<p>The furor over the app stems from its role in facilitating last week\u2019s violent&nbsp;riot&nbsp;at the Capitol. Trump supporters and right-wing extremists used the app, which has billed itself as a haven for free speech, to coordinate and incite the demonstrations ostensibly opposing the certification of President-elect <a href=\"https:\/\/thehill.com\/people\/joe-biden\">Joe Biden<\/a>\u2019s victory.<\/p>\n\n\n\n<p>Without access to Amazon Web Services, the app <a href=\"https:\/\/thehill.com\/policy\/technology\/533593-parler-goes-dark-after-move-by-amazon\">has been dark<\/a>&nbsp;on Monday.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><a href=\"http:\/\/cafe.nfshost.com\/wp-content\/uploads\/PARLER.jpg\"><img loading=\"lazy\" decoding=\"async\" width=\"679\" height=\"382\" src=\"http:\/\/cafe.nfshost.com\/wp-content\/uploads\/PARLER.jpg\" alt=\"\" class=\"wp-image-5469\" srcset=\"https:\/\/cafe.nfshost.com\/wp-content\/uploads\/PARLER.jpg 679w, https:\/\/cafe.nfshost.com\/wp-content\/uploads\/PARLER-300x169.jpg 300w, https:\/\/cafe.nfshost.com\/wp-content\/uploads\/PARLER-500x281.jpg 500w\" sizes=\"(max-width: 679px) 100vw, 679px\" \/><\/a><\/figure>\n","protected":false},"excerpt":{"rendered":"<p>Parler sues Amazon, asks court to reinstate platform By John Kruzel and Chris Mills Rodrigo &#8211; 01\/11\/21 12:37 PM ES Social media company Parler sued Amazon on Monday, alleging that its suspension from Amazon&#8217;s hosting service violated antitrust law and &hellip; <a href=\"https:\/\/cafe.nfshost.com\/?p=5468\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[894,2968,18,2950],"_links":{"self":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/5468"}],"collection":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5468"}],"version-history":[{"count":1,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/5468\/revisions"}],"predecessor-version":[{"id":5470,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/5468\/revisions\/5470"}],"wp:attachment":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}