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.
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.