Why overcapture is rational
A platform that fails to report a legally defined abuse case may face penalties, public scandal, or prosecution. A platform that overreports an innocent user often faces little immediate cost. That asymmetry drives overcapture.
The same dynamic appears in schools, workplaces, payment processors, cloud hosts, search engines, model providers, and social platforms. They do not need to hate speech. They only need to fear being blamed for insufficient vigilance.
The private-state fusion problem
When the state mandates or strongly pressures private platforms to detect and report topic categories, private infrastructure becomes an arm of public power without the same transparency, warrant discipline, open records, adversarial process, or constitutional culture.
This creates a soft-state problem. The user is not governed by a statute they can read and challenge; they are governed by a classifier, a trust-and-safety escalation policy, a content integrity standard, a vendor risk model, and an account action notice too vague to rebut.