Censorship and Content Moderation in the Public Square

30 Thursday Sep 2021

Posted by pnoetx in Censorship, Free Speech, Social Media

Tags

Anthony Fauci, Censorship, Clarance Thomas, Common Carrier, Communications Decency Act, Eugene Volokh, Facebook, First Amendment, Good Samaritan Provision, Hosting Function, LinkedIn, Luigi Zingales, Mark Zuckerberg, Network Externalities, Philip Hamburger, Public Accomodations, Section 230 Immunity, Sheryl Sandberg, Supreme Court, Trump Administration, Vivek Ramaswamy

I’m probably as fed up with social media as anyone, given the major platforms’ penchant for censoring on the basis of politics, scientific debate, religion, and wokeism (or I should say a lack thereof). I quit Facebook back in January and haven’t regretted it. It’s frustratingly difficult to convince others to give it up, however, and I’ve tried. Ultimately, major user defections would provide the most effective means of restraining the company’s power.

Beyond my wild fantasies of a consumer revolt, I will confess to a visceral desire to see the dominant social media platforms emasculated: broken up, regulated, or even fined for proven complaints of censorial action. That feeling is reinforced by their anti-competitive behavior, which is difficult to curb.

Are There Better Ways?

While my gut says we need drastic action by government, my head tells me … not … so … fast! These are private companies, after all. I’m an adherent of free markets and private property, so I cannot abide government intrusions to force anyone to sponsor my speech using their private facilities. At the same time, however, our free speech rights must be protected in the “public square”, and the social media companies have long claimed that their platforms offer a modern form of the public square. If they can be taken at their word, should there be some remedy available to those denied a voice based upon their point-of-view by such a business? This seems especially pertinent when access to “public accommodations” is so critical to the meaning of non-discrimination under current law (not that I personally believe businesses should be forced to accommodate the specific demands of all comers).

In a lengthy and scholarly treatment of “Treating Social Media Platforms Like Common Carriers”, Eugene Volokh states the following about U.S. Supreme Court case law (pg. 41):

“Under PruneYard and Rumsfeld, private property owners who open up their property to the public (or to some segment of the public, such as military recruiters) may be required by state or federal law to share their real estate with other speakers.”

The Common Carrier Solution

Volokh’s article is very detailed and informative. I highly recommend it to anyone hoping to gain an understanding of the complex legal issues associated with the rights of big tech firms, their users, and other interested parties. His article highlights the long-standing legal principle that so-called “common carriers” in telecommunications cannot discriminate on the basis of speech.

Volokh believes it would be reasonable and constitutional to treat the big social media platforms as common carriers. Then, the platforms would be prohibited from discriminating based on viewpoint, though free to recommend material to their users. He also puts forward a solution that would essentially permit social media firms to continue to receive protection from liability for user posts like that granted under Section 230 of the Communications Decency Act:

“… I think Congress could categorically treat platforms as common carriers, at least as to their hosting function. But Congress could also constitutionally give platforms two options as to any of their functions: (1) Claim common carrier status, which will let them be like phone companies, immune from liability but also required to host all viewpoints, or (2) be distributors like bookstores, free to pick and choose what to host but subject to liability (at least on a notice-and- takedown basis).”

Economist Luigi Zingales emphasizes the formidable network externalities that give the incumbent platforms like Facebook a dominance that is almost unshakable. Zingales essentially agrees with Volokh, but he refers to common carrier status for what he calls the “sharing function” with Section 230-like protections, while the so-called “editing function” can and should be competitive. Zingales calls recommendations of material by a platform part of the editing function which should not be granted protection from liability. In that last sense, his emphasis differs somewhat from Volokh’s. However, both seem to think an change in the law is necessary to allow protections only where they serve the “public interest”, as opposed to protecting the private interests of the platforms.

The most destructive aspect of Section 230 immunity is the so-called “Good Samaritan” clause aimed at various kinds of offensive material (“… obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”), which the social media platforms have used as “a license to censor”, as Philip Hamburger puts it. Here, Eugene Volokh and others, including Supreme Court Justice Clarence Thomas, assert that this provision should not receive a broad interpretation in determining immunity for content moderation decisions. In other words, the phrase “otherwise objectionable” in the provision must be interpreted within the context of the statute, which, after all, has to do with communications decency! (Here again, I question whether the government can legitimately authorize censorship in any form.)

Arm of Government?

Viewpoint discrimination and censorship by the platforms is bad enough, but in addition, by all appearances, there is a danger of allowing companies like Facebook to become unofficial speech control ministries in the service of various governments around the world, including the U.S. Here is Vivek Ramaswamy’s astute take on the matter:

“… Facebook likely serves increasingly as the censorship arm of the US government, just as it does for other governments around the world.

In countries like India, Israel, Thailand, and Vietnam, Facebook frequently removes posts at the behest of the government to deter regulatory reprisal. Here at home, we know that Mark Zuckerberg and Sheryl Sandberg regularly correspond with US officials, ranging from e-mail exchanges with Dr. Anthony Fauci on COVID-19 policy to discussing “problematic posts” that “spread disinformation” with the White House.

If Zuckerberg and Sandberg are also directly making decisions about which posts to censor versus permit, that makes it much more likely that they are responsive to the threats and inducements from government officials.”

Even LinkedIn has censored journalists in China who have produced stories the government finds unflattering. Money comes first, I guess! I’m all for the profit motive, but it should never take precedence over fundamental human rights like free speech.

There is no question of a First Amendment violation if Facebook or any other platform is censoring users on behalf of the U.S. government, and Section 230 immunity would be null and void under those circumstances.

Elections … Their Way

On the other hand, we also know that platforms repeatedly censored distribution of the Trump Administration’s viewpoints; like them or not, we’re talking about officials of the executive branch of the U.S. government! This raises the possibility that Section 230 immunity was (or should have been) vitiated by attempts to silence the government. And of course, there is no question that the social media platforms sought to influence the 2020 election via curation of posts, but it is not clear whether that is currently within their rights under Section 230’s Good Samaritan clause. Some would note the danger to fair elections inherent in any platform’s willingness to appease authoritarian governments around the world, or their willingness and ability to influence U.S. elections.

Pledge of Facebook Allegiance

Some of our domestic social media companies have become supra-national entities without a shred of loyalty to the U.S. This article in The Atlantic, of all places, is entitled “The Largest Autocracy on Earth“, and it has a sub-heading that says it all:

“Facebook is acting like a hostile foreign power; it’s time we treated it that way.”

The article reports that Facebook’s Mark Zuckerberg has promoted the mantra “company over country”. That should disabuse you of any notion that he cares one whit about the ideals embodied in the U.S. Constitution. He is a child consumed with dominance, control, and profit for his enterprise, and he might be a megalomaniac to boot. If he wants to host social media relationships in this country, let’s make Facebook a common carrier hosting platform.

An Internet for Users, Not Gatekeepers and Monopolists

09 Wednesday Jun 2021

Posted by pnoetx in Censorship, Social Media, Uncategorized

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Tags

Alphabet, Amazon, Anti-Trust, Biden v. Knight First Amendment Institute, Big Tech, Censor Track, Censorship, Clarence Thomas, Clubhousse, Common Carrier, Communications Decency Act, Daniel Oliver, Department of Justice, Exclusivity, Facebook, Fairness Doctrine, Gab, Google, Google Maps, Internet Accountability Project, Josh Hawley, Katherine Mangu-Ward, Media Research Center, MeWe, monopoly, Muhammadu Buhari, Murray Rothbard, My Space, Net Neutrality, Public Accommodation, Public Forum, Quillet, Right to Exclude, Ron DeSantis, Scholar, Section 230, Social Media, Statista, Street View, Telegram, TikTok, Twitter, Tying Arrangement

Factions comprising a majority of the public want to see SOMETHING done to curb the power of Big Tech, particularly Google/Alphabet, Facebook, Amazon, and Twitter. The apprehensions center around market power, censorship, and political influence, and many of us share all of those concerns. The solutions proposed thus far generally fall into the categories of antitrust action and legislative changes with the intent to protect free speech, but it is unlikely that anything meaningful will happen under the current administration. That would probably require an opposition super-majority in Congress. Meanwhile, some caution the problem is blown out of proportion and that we should not be too eager for government to intervene.

Competition

There are problems with almost every possible avenue for reining in the tech oligopolies. From a libertarian perspective, the most ideal solution to all dimensions of this problem is organic market competition. Unfortunately, the task of getting competitive platforms off the ground seems almost insurmountable. In social media, the benefits to users of a large, incumbent network are nearly overwhelming. That’s well known to anyone who’s left Facebook and found how difficult it is to gain traction on other social media platforms. Hardly anyone you know is there!

Google is the dominant search engine by far, and the reasons are not quite as wholesome as the “don’t-be-evil” mantra goes. There are plenty of other search engines, but some are merely shells using Google’s engine in the background. Others have privacy advantages and perhaps more balanced search results than Google, but with relatively few users. Google’s array of complementary offerings, such as Google Maps, Street View, and Scholar, make it hard for users to get away from it entirely.

Amazon has been very successful in gaining retail market share over the years. It now accounts for an estimated 50% of retail e-commerce sales in the U.S., according to Statista. That’s hardly a monopoly, but Amazon’s scale and ubiquity in the online retail market creates massive advantages for buyers in terms of cost, convenience, and the scope of offerings. It creates advantages for online sellers as well, as long as Amazon itself doesn’t undercut them, which it is known to do. As a buyer, you almost have to be mad at them to bother with other online retail platforms or shopping direct. I’m mad, of course, but I STILL find myself buying through Amazon more often than I’d like. But yes, Amazon has competition.

Anti-Trust

Quillette favors antitrust action against Big Tech. Amazon and Alphabet are most often mentioned in the context of anti-competitive behavior, though the others are hardly free of complaints along those lines. Amazon routinely discriminates in favor of products in which it has a direct or indirect interest, and Google discriminates in favor of its own marketplace and has had several costly run-ins with EU antitrust enforcers. Small businesses are often cited as victims of Google’s cut-throat business tactics.

The Department of Justice filed suit against Google in October, 2020 for anti-competitive and exclusionary practices in the search and search advertising businesses. The main thrust of the charges are:

Exclusivity agreements prohibiting preinstallation of other search engines;
Tying arrangements forcing preinstallation of Google and no way to delete it;
Suppressing competition in advertising;

There are two other antitrust cases filed by state attorneys general against Google alleging monopolistic practices benefitting its own services at the expense of sellers in various lines of business. All of these cases, state and federal, are likely to drag on for years and the outcomes could take any number of forms: fines, structural separation of different parts of the business, and divestiture are all possibilities. Or perhaps nothing. But I suppose one can hope that the threat of anti-trust challenges, and of prolonged battles defending against such charges, will have a way of tempering anti-competitive tendencies, that is, apart from actual efficiency and good service.

These cases illustrate the fundamental tension between our desire for successful businesses to be rewarded and antitrust. As free market economists such as Murray Rothbard have said, there is something “arbitrary and capricious” about almost any anti-trust action. Legal thought on the matter has evolved to recognize that monopoly itself cannot be viewed as a crime, but the effort to monopolize might be. But as Rothbard asserted, claims along those lines tend to be rather arbitrary, and he was quite right to insist that the only true monopoly is one granted by government. In this case, many conservatives believe Section 230 of the Communications Decency Act of 1996 was the enabling legislation. But that is something anti-trust judgements cannot rectify.

Revoking Immunity

Section 230 gives internet service providers immunity against prosecution for any content posted by users on their platforms. While this provision is troublesome (see below), it is not at all clear why it might have encouraged monopolization, especially for web search services. At the time of the Act’s passage, Larry Page and Sergey Brin had barely begun work on Backrub, the forerunner to Google. Several other search engines had already existed and others have sprung up since then with varying degrees of success. Presumably, all of them have benefitted from Section 230 immunity, as have all social media platforms: not just Facebook, but Twitter, MeWe, Gab, Telegram, and others long forgotten, like MySpace.

Nevertheless, while private companies have free speech rights of their own, Section 230 confers undeserved protection against liability for the tech giants. That protection was predicated on the absence of editorial positioning and/or viewpoint curation of content posted by users. Instead, Section 230 often seems designed to put private companies in charge of censoring the kind of speech that government might like to censor. Outright repeal has been used as a threat against these companies, but what would it accomplish? The tech giants insist it would mean even more censorship, which is likely to be the result.

Other Legislative Options

Other legislative solutions might hold the key to establishing true freedom of speech on the internet, a project that might have seemed pointless a decade ago. Justice Clarence Thomas’s concurring opinion in Biden v. Knight First Amendment Institute suggested the social media giants might be treated as common carriers or made accountable under laws on public accommodation. This seems reasonable in light of the strong network effects under which social media platforms operate as “public squares.” Common carrier law or a law designating a platform as a public accommodation would prohibit the platform from discriminating on the basis of speech.

I do not view such restrictions in the same light as so-called net neutrality, as some do. The latter requires carriers of data to treat all traffic equally in terms of priority and pricing of network resources, despite the out-sized demands created by some services. It is more of a resource allocation issue and not at all like managing traffic based on its political content.

The legislation contemplated by free speech activists with respect to big tech has to do with prohibiting viewpoint discrimination. That could be accomplished by laws asserting protections similar to those granted under the so-called Fairness Doctrine. As Daniel Oliver explains:

“A law prohibiting viewpoint discrimination (Missouri Senator Josh Hawley has introduced one such bill) would be just as constitutional as the Fairness Doctrine, an FCC policy which adjusted the overall balance of broadcast programming, or the Equal Time Rule, which first emerged in the Radio Act of 1927 and was established by the Communications Act of 1934. Under such a law, a plaintiff could sue for viewpoint discrimination. That plaintiff would be someone whose message had been suppressed by a tech company or whose account had been blocked or cancelled….”

Ron DeSantis just signed a new law giving the state of Florida or individuals the right to sue social media platforms for limiting, altering or deleting content posted by users, as well as daily fines for blocking candidates for political office. It will be interesting to see whether any other states pass similar legislation. However, the fines amount to a pittance for the tech giants, and the law will be challenged by those who say it compels speech by social media companies. That argument presupposes an implicit endorsement of all user content, which is absurd and flies in the face of the very immunity granted by Section 230.

Justice Thomas went to pains to point out that when the government restricts a platform’s “right to exclude,” the accounts of public officials can more clearly be delineated as public forums. But in an act we wouldn’t wish to emulate, the government of Nigeria just shut down Twitter for blocking President Buhari’s tweet threatening force against rebels in one part of the country. Still, any law directly restricting a platform’s editorial discretion must be enforceable, whether that involves massive financial penalties for violations or some other form of discipline.

Private Action

There are private individuals who care enough about protecting speech online to do something about it. For example, these tech executives are fighting against internet censorship. You can also complain directly to the platforms when they censor content, and there are ways to react to censored posts by following prompts — tell them the information provided on their decision was NOT helpful and why. You can follow and support groups like the Media Research Center and its Censor Track service, or the Internet Accountability Project. Complain to your state and federal legislators about censorship and tell them what kind of changes you want to see. Finally, if you are serious about weakening the grip of the Big Tech, ditch them. Close your accounts on Facebook and Twitter. Stop using Google. Cancel your Prime membership. Join networks that are speech friendly and stick it out.

Individual action and a sense of perspective are what Katherine Mangu-Ward urges in this excellent piece:

“Ousted from Facebook and Twitter, Trump has set up his own site. This is a perfectly reasonable response to being banned—a solution that is available to virtually every American with access to the internet. In fact, for all the bellyaching over the difficulty of challenging Big Tech incumbents, the video-sharing app TikTok has gone from zero users to over a billion in the last five years. The live audio app Clubhouse is growing rapidly, with 10 million weekly active users, despite being invite-only and less than a year old. Meanwhile, Facebook’s daily active users declined in the last two quarters. And it’s worth keeping in mind that only 10 percent of adults are daily users of Twitter, hardly a chokehold on American public discourse.

Every single one of these sites is entirely or primarily free to use. Yes, they make money, sometimes lots of it. But the people who are absolutely furious about the service they are receiving are, by any definition, getting much more than they paid for. The results of a laissez-faire regime on the internet have been remarkable, a flowering of innovation and bountiful consumer surplus.”

Conclusion

The fight over censorship by Big Tech will continue, but legislation will almost certainly be confined to the state level in the short-term. It might be some time before federal law ever recognizes social media platforms as the public forums most users think they should be. Federal legislation might someday call for the wholesale elimination of Section 230 or an adjustment to its language. A more direct defense of First Amendment rights would be strict prohibitions of online censorship, but that won’t happen. Instead, the debate will become mired in controversy over appropriate versus inappropriate moderation, as Mangu-Ward alludes. Antitrust action should always be viewed with suspicion, though some argue that it is necessary to establish a more competitive environment, one in which free speech and fair search-engine treatment can flourish.

Organic competition is the best outcome of all, but users must be willing to vote with their digital feet, as it were, rejecting the large tech incumbents and trying new platforms. And when you do, try to bring your friends along with you!

Note: This post also appears at The American Reveille.

On Quitting Facebook

22 Friday Jan 2021

Posted by pnoetx in Censorship, Social Media

≈ 2 Comments

Tags

Amazon, Antifa, Big Tech, BLM, Cartman, Censorship, Chinese Communist Party, Deactivation, Deplatforming, Donald Trump, Facebook, First Amendment, Gab, Google, Instagram, Market Power, Messenger, MeWe, Parler, Rumble, Sacred Cow Chips, Section 230, Shadow Bans, Signal, Telecommunications Act, Telegram, Third Reich, Twitter, Weimar Republic, WhatsApp

Cartman is awesome! Haha! But really, that kind of reaction to the dominant social media platforms is well deserved, especially given their recent behavior. Listen to this: my wife’s church held a service of hymns and prayer for “healing the nation” on Tuesday. The church’s IT administrator posted an advance notice about the service on the church’s Facebook wall. There was nothing overtly political about the notice or the service itself. Nevertheless, somehow FB deemed the notice subversive and blocked it! We are not dealing with decent or reasonable people here. They are pigs, and we don’t have to do business with them.

FaceHook

A number of years ago, a woman told me FB was “the Devil!” She was very good natured and I laughed at the time. But there are many reasons for people to wean themselves from social media, or at least from certain platforms. The web abounds with testimony on lives improved by quitting FB, for example, and there are forums for those who’ve quit or would like to. There’s also plenty of practical advice on “how to leave”, so there is definitely some interest in getting out.

Ditching FB offers a certain freedom: you can eliminate the compulsion to check your news feed and escape those feelings of obligation to “like” or comment on certain posts. These are distractions that many can do without. No more efforts to “unsee” expressions of foot fetish narcissism! Free of the pathetic virtue signals that seem to dominate the space. And quitting might be especially nice if you’re keen on cutting ties with certain “frenemies”. Almost all of us have had a few. This study found that quitting FB results in less time online (surprise!) and more time with family and friends (pre-COVID lockdowns, of course). It also found that quitting leads to less political polarization! Imagine that!

There’s no question that FB helped me make new friends and reconnect with old ones. It also led to overdue severing of ties with a few toxic individuals. I know I’m likely to lose contact with people I truly like, and that’s too bad, but in most cases I must leave it up to them to stay in touch (read on). Obviously, there are many ways to stay in contact with friends you really want to keep.

FacePurge

As for politics (and seemingly every aspect of life has been politicized), now is a very good time to quit FB if you believe in free expression, the value of diverse opinion, and a free marketplace of ideas. FB doesn’t want that. As the episode at my wife’s church demonstrates, FB has been brazenly selective in suppressing opinion, like other prominent social media platforms. It was obvious well before the presidential election, and it has become intolerable since.

How To Defacebook

There are voices that counsel patience with the tech giants. They recommend a strategy of diversification across platforms, without necessarily quitting any of them. I can understand why certain people might prefer that route. It’s well nigh impossible to migrate an extended family to another platform, for example. However, juggling several accounts can be a problem of time management. And for me, this all boils down to a matter of disgust. It’s time to stick it to FB.

This rest of this post offers some practical advice on quitting FB and more thoughts on how and why I’m doing it. This will also appear on some speech-friendly platforms, so if you see it there and you haven’t quit FB, do it! You’re already halfway there.

The first decision is whether to quit outright or deactivate. Many don’t have the fortitude to stay away if they merely deactivate, and maybe they just need a break. For others, FB has earned an enmity that can only be satisfied by leaving for good. Count me among the latter.

You should reclaim all of your data before you quit: you can download it to a zip file, which will include all of your photos, chats, “About” information, your friends’ birthdays, etc… While it’s been claimed that shutting your account will cleanse Facebook of all your data, that’s not entirely the case. For example, your friends might still retain chats in which you participated. In fact, I’m not convinced all of your data isn’t permanently in FB’s possession, if not the NSA’s, but we might never know.

You should also change your login credentials on other online accounts linked to FB. You should be able to identify some or maybe all of those by looking at the password section in “Settings”. I’m not sure whether scrolling though and checking all the apps listed in Settings will help — it didn’t help me identify anything that the password section did not.

It’s a good idea to keep Messenger up for a while in case any of your friends want to inquire or find a way to stay in touch. That’s fine, but to really rid yourself of FB, you must part with Messenger eventually. Of course, you’ll lose Instagram and WhatsApp when you quit FB. I don’t use those, so it won’t be a problem for me.

Then there are the “I’m Going To Quit!” status updates, sometimes laced with sadness or anger. I haven’t found those particularly appealing in the past… I’ve often wondered if they were merely ploys to get attention. But things have changed. I will add this post to my wall and leave it there for a few days. My *noble* intent is to help others quit, and to do my small part to foster a more competitive social media environment. Another way to communicate your departure would be to use Messenger to inform selected friends, but that’s more work. And by the way, in anticipation of my stop date, I’ve been culling my friends list more aggressively than ever.

Once you pull the trigger and click “Delete”, your account will remain active for a few days. Don’t be a sucker. Delete the app on your phone. Wait it out. Forget about it!

Not OurBook

Again, there was never a better time to dump FB. Beyond any emotionally corrosive aspects of social media, the last straw should be the selective censorship of political views, shadow bans, outright bans, and deletion of groups. Lately, it’s been like witnessing the early transition from Weimar to the Third Reich. We can only hope the full transition will remain unfulfilled.

For a company protected from liability under Section 230 of the Telecommunications Act, FB’s refusal to respect First Amendment rights and to abide diversity of opinion is shocking. Don’t tell me about fact checking! Facebook fact checkers are politically motivated hacks, and the new “oversight board” is not likely to help you and me. The presumption underlying Section 230 is that these platforms are not publishers, but having abandoned all pretense of impartiality, they should not be entitled to immunity. Moreover, they have tremendous market power, and they are colluding in an effort to consolidate political power and protect their dominant market position.

Big Tech, and not just FB, has been flagrant in this hypocrisy. These firms have deplatformed individuals who’ve questioned the legitimacy of the presidential election, and there is plenty to question. But they refuse to censor Antifa and BLM rioters, antisemites, state terrorists, and genocidal tyrants from around the world, including the Chinese Communist Party. More recently, FB and other platforms have condemned supporters of President Trump, as if that support was equivalent to endorsing those who stormed the Capital on June 6th. And even if it were, would an objective arbiter not also condemn leftist violence? How about equal condemnation of the Antifa and BLM rioters who ravaged American cities throughout last summer? Or those who rioted at the time of Trump’s inauguration?

The social media platforms won’t do that. FB is bad, but Twitter is probably the worst of them all. I quit using Google years ago due to privacy concerns, but also because it became obvious to me that it’s search results are heavily biased. Amazon pulled the rug out from under Parler, and I will quit using Amazon when my Prime membership is up for renewal unless Jeff Bezos starts singing a different tune by then. These companies are anticompetitive, but there are other ways to buy online, and there is plenty of other video programming.

Let’s Book

The power of Big Tech is not absolute. Remember, there are alternatives if you choose to quit or diversify: check out MeWe, Clouthub, Rumble (video hosting), Gab, Signal, and Telegram, for example (see this interesting story on the latter two). And Parler, of course, if it manages to find a new hosting service or wins some kind of emergency relief against Amazon.

Message me for my contact information or my identity on other platforms, or you can always find my ruminations at SacredCowChips.net. You can even share them on FB (if they’ll let you), at the risk of alienating your “woke” friends! So long.

Not My President, Not Your’s Either

24 Thursday Dec 2020

Posted by pnoetx in Censorship, Election Fraud, Leftism

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Tags

Alexandria Ocasio-Cortez, Angela Davis, Barack Obama, Bernie Sanders, Black Lives Matter, Donald Trump, Foreign Influence, Hing Kong, Hunter Biden, Joe Biden, Taiwan, Uhyger Muslims, Xi Jinping

Now why would I say such a thing? Well, 1) the presidential election was rife with fraud, as many of us feared would be the case (and see here); 2) the supposed winner, Joe “The Plagiarist” Biden, is a figurehead, and he will remain in the White House only as long as he toes the line set down by the Left; and 3) the figurehead is badly compromised by Chinese and other foreign influence: Chairman Xi Jinping of the Chinese Communist Party (CCP) is undoubtedly pleased that such a pliant American president will be taking office.

Those who deny the fraud that took place in the election keep insisting “there’s no evidence!” In fact, there is ample evidence to convince any fair-minded person that massive fraud took place across a number of states (see here, here, here and here). We knew that massive adoption of mail-in ballots was an invitation to fraud. There are many hundreds of affidavits (yes, they constitute evidence) stating that Republican election officials and poll watchers were obstructed in their attempts to observe the counting process on and after Election Day, and worse. There is video evidence of activities coincident with late-night lockouts of Republican poll watchers and outrageous, instant jumps in Biden’s vote totals. There is definitive evidence of process “shortcuts” in several states that led to a large number of unverified ballots. These shortcuts were often taken in contravention of state law. There were failed chains of custody for thousands of ballots across several states. There were dead and out-of-state voters. There were irregularities associated with vote tabulations by Dominion machines. There are hand recounts in a few counties that demonstrate miscounting of ballots. And of course, there was a willful effort to suppress this information by the news media, and outright censorship of this information by social media platforms.

No matter what has or will happen in the courts, state legislatures, or Congress, a large share of the voting public believes there was fraud in this election. In fact, a significant share of democrats believe the election was stolen from President Trump! The fraud goes beyond the electoral process as well. Polls show a substantial number of Biden voters would not have voted for him had they known about the escapades of Hunter Biden and Joe’s role as the family cash cow. The mainstream media and social media platforms also deliberately suppressed the information about Hunter Biden’s pay-for-play scandal prior to the election. And that came after months of avoiding any real scrutiny of Biden’s policy agenda and his fitness as a candidate. Instead, the media asked Joe tough questions about his favorite ice cream.

Not your president? The Hunter Biden saga creates doubt about who Joe Biden is likely to serve as President. To whom is Joe beholden for “taking care” of “the big guy’s” family? How about Hunter’s deals in the Ukraine and Russia? How heavily was the CCP involved in Hunter’s business ventures? How much is Joe compromised by these unfortunate ties? What kind of compromises might it be worth to Joe to avoid further exposure? Should the Biden Administration overlook the plight of the Uhygers? Turn the cheek on Hong Kong? Sacrifice Taiwan? Allow Chinese technology to be embedded in U.S. communications hardware? Cede international rights in the South China Sea? Perhaps Joe will be Chairman Xi’s President. And perhaps others hold cards, such as the hostile Iranian regime. Not our president.

Finally, if you *think* you voted for Joe as president, be aware that he is, even now, a doddering figurehead, a puppet of the Left whose strings might well be clipped when he demonstrates even a hint of incapacity. It might not be long. Perhaps the Left will adopt Hunter’s imbroglio as an excuse to take Joe down. It seems more than a little suspicious that the media, post-election, has finally begun to talk about Hunter’s miscues and Joe’s “possible” involvement.

But even if Joe remains in the Oval Office through a first term, just who will be in charge? Joe? No, he is captive to the interests that helped put him there. We might just as well call him “Any-Way-the-Wind-Blows Joe”. Angela Davis, former VP of the Communist Party USA, said during the primaries that she supported Biden because he:

“… can be most effectively pressured into allowing more space for the evolving anti-racist movement.”

Well, Joe better not compromise with anyone or accept any policy that Angela Davis deems “racist”.

Let’s consider a few influences expected to be paramount in pulling Joe’s strings: Barack Obama, Alexandria Ocasio-Cortez, Julian Castro, and Black Lives Matter. Bernie Sanders will also loom large, and of course Kamala Harris will be there to push the leftist agenda, and she’ll be waiting in the wings when Joe loses his tentative grip on the reins of the progressive machine. Joe better not resist these forces: he can be manipulated, and if he strays from the path, he and his presidency can be cancelled.

If you are a member of the Marxist wing of the coalition, you might have him just where you want him. If you are a member of the CCP, then he might be your president. But he is not the president of the disenfranchised voters whose majority was outstripped by the mailed ballot fraud. And if you are a centrist Democrat, you should awaken to the reality of the hard-left movement with which you’ve joined forces. Do not accept it as a legitimate governing force. No, Joe Biden will not be your president.

As I’ve noted in the past, apologists willing to look past Joe Biden’s domestic and foreign controllers and the fraudulent election are not to be trusted. Indeed, they have been willing to look past Biden’s personal status as a fraud, from his many lies about his family to his admitted plagiarism, to his denial of sexual aggression toward female staffers. In summary, I can’t put it any better than Newt Gingrich does here:

“… I have no interest in legitimizing the father of a son who Chinese Communist Party members boast about buying. Nor do I have any interest in pretending that the current result is legitimate or honorable. It is simply the final stroke of a four-year establishment-media power grab. It has been perpetrated by people who have broken the law, cheated the country of information, and smeared those of us who believe in America over China, history over revisionism, and the liberal ideal of free expression over cancel culture.”

Diversity of Thought Matters

14 Sunday Jun 2020

Posted by pnoetx in Censorship, Identity Politics, Tyranny

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ActBlue Charities, Black Lives Matter, Censorship, George Floyd, Identity Politics, Inequality, Joe Biden, Poverty, racism, STEM, Thomas Sowell, UC-Berkeley, Viewpoint Diversity, ZeroHedge

Here’s an extraordinary letter written last week by a UC-Berkeley history professor to his colleagues. I link to a reprint on ZeroHedge because it was easier to read on my phone than the original source. The letter is anonymous, but it’s authenticity has been verified by well-known colleagues of the author outside the UC system, including Thomas Sowell of Stanford. In the first instance, it is a reaction to recent departmental and university communications, but the issues are much broader. The author, a self-described person of color, is embittered by the tyranny of groupthink that has characterized the reaction to George Floyd’s murder, the “soft bigotry of low expectations’ for blacks, and the virtual beatification of a man with a long and brutal rap sheet. The letter is an ominous warning that basic freedoms are at risk, not to mention intellectual integrity. Here are some salient points from the letter:

“I could not find a single instance of substantial counter-argument or alternative narrative to explain the under-representation of black individuals in academia or their over-representation in the criminal justice system. The explanation provided in your documentation, to the near exclusion of all others, is univariate: the problems of the black community are caused by whites, or, when whites are not physically present, by the infiltration of white supremacy and white systemic racism into American brains, souls, and institutions.“
“The claim that the difficulties that the black community faces are entirely causally explained by exogenous factors in the form of white systemic racism, white supremacy, and other forms of white discrimination remains a problematic hypothesis that should be vigorously challenged by historians. Instead, it is being treated as an axiomatic and actionable truth without serious consideration of its profound flaws, or its worrying implication of total black impotence.“
“… consider the proportion of black incarcerated Americans. This proportion is often used to characterize the criminal justice system as anti-black. However, if we use the precise same methodology, we would have to conclude that the criminal justice system is even more anti-male than it is anti-black. … Would we characterize criminal justice as a systemically misandrist conspiracy against innocent American men? I hope you see that this type of reasoning is flawed, and requires a significant suspension of our rational faculties. Black people are not incarcerated at higher rates than their involvement in violent crime would predict. This fact has been demonstrated multiple times across multiple jurisdictions in multiple countries.
“I personally don’t dare speak out against the BLM narrative, and with this barrage of alleged unity being mass-produced by the administration, tenured professoriat, the UC administration, corporate America, and the media, the punishment for dissent is a clear danger at a time of widespread economic vulnerability. I am certain that if my name were attached to this email, I would lose my job and all future jobs, even though I believe in and can justify every word I type.“
“The vast majority of violence visited on the black community is committed by black people. There are virtually no marches for these invisible victims, no public silences, no heartfelt letters from the UC regents, deans, and departmental heads. The message is clear: Black lives only matter when whites take them. Black violence is expected and insoluble, while white violence requires explanation and demands solution. Please look into your hearts and see how monstrously bigoted this formulation truly is. … No discussion is permitted for nonblack victims of black violence, who proportionally outnumber black victims of nonblack violence.“
“… our department appears to have been entirely captured by the interests of the Democratic National Convention, and the Democratic Party more broadly. To explain what I mean, consider what happens if you choose to donate to Black Lives Matter, an organization UCB History has explicitly promoted in its recent mailers. All donations to the official BLM website are immediately redirected to ActBlue Charities, an organization primarily concerned with bankrolling election campaigns for Democrat candidates. Donating to BLM today is to indirectly donate to Joe Biden’s 2020 campaign.“
… our university and department has made multiple statements celebrating and eulogizing George Floyd. Floyd was a multiple felon who once held a pregnant black woman at gunpoint. He broke into her home with a gang of men and pointed a gun at her pregnant stomach. He terrorized the women in his community. He sired and abandoned multiple children, playing no part in their support or upbringing, failing one of the most basic tests of decency for a human being. He was a drug-addict and sometime drug-dealer, a swindler who preyed upon his honest and hard-working neighbors. … And yet, the regents of UC and the historians of the UCB History department are celebrating this violent criminal, elevating his name to virtual sainthood. A man who hurt women. A man who hurt black women. With the full collaboration of the UCB history department, corporate America, most mainstream media outlets, and some of the wealthiest and most privileged opinion-shaping elites of the USA, he has become a culture hero, buried in a golden casket, his (recognized) family showered with gifts and praise. Americans are being socially pressured into kneeling for this violent, abusive misogynist. A generation of black men are being coerced into identifying with George Floyd, the absolute worst specimen of our race and species.”
“My family have been personally victimized by men like Floyd. We are aware of the condescending depredations of the Democrat party against our race. The humiliating assumption that we are too stupid to do STEM, that we need special help and lower requirements to get ahead in life, is richly familiar to us. … The ever-present soft bigotry of low expectations and the permanent claim that the solutions to the plight of my people rest exclusively on the goodwill of whites rather than on our own hard work is psychologically devastating. No other group in America is systematically demoralized in this way by its alleged allies. A whole generation of black children are being taught that only by begging and weeping and screaming will they get handouts from guilt-ridden whites.“

There is much more in the letter. Some will dismiss the letter based on the author’s decision to remain anonymous, but one can hardly find fault with that in today’s suffocating intellectual environment. There are many others who remain silent because they either fear the consequences, distain the questions, or wish to be polite. My only other reservation about the letter is the author’s failure to acknowledge George Floyd’s efforts to reform, which were obviously in vain. Those efforts and his murder should not elevate Floyd to an heroic status. Nevertheless, his victimhood qualifies him as a legitimate symbol of police brutality, if not racism.

While much of academia has been swallowed whole by vapid identitarianism and scientism over science and rational thought, the history professor has managed to survive in what might be the hottest bed of leftist extremism in the country at UC-Berkeley. I hope the professor has a long and influential career.

Scorning the Language of the Left

12 Sunday Jan 2020

Posted by pnoetx in Censorship, Leftism, Political Correctness

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Abortion, Boy George, Brett Kavanaugh, Brexit, Check Your Privilege, Cisgender, Climate Change, Donald Trump, Gender, Harper's, Hate Speech, Identitarian, Israel, Lefty Lingo, LGBTQ, Lionel Shriver, Microaggession, Patriarchy, Phobic, Privilege, Progressive Speech, Pronouns, Queer, Safe Space, STFU, Sustainability

It’s hard not to ridicule some the language adopted by our lefty friends, and it can be fun! But it’s not just them. We hear it now from employers, schools, and otherwise sensible people too eager to signal their modernity and virtue. Lionel Shriver dissects some of this “Lefty Lingo” in an entertaining piece in Harper’s. It’s funny, but it aroused my contempt for the smugness of the “wokescenti” (a term Shriver attributes too Meghan Daum) and my pity for those “normals” simply desperate to project progressive sophistication.

Here are a few of Shriver’s observations:

“Privilege”: makes you incapable of understanding that which you criticize.

“Whereas a privilege can be acquired through merit—e.g., students with good grades got to go bowling with our teacher in sixth grade—privilege, sans the article, is implicitly unearned and undeserved. The designation neatly dispossesses those so stigmatized of any credit for their achievements while discounting as immaterial those hurdles an individual with a perceived leg up might still have had to overcome (an alcoholic parent, a stutter, even poverty). For privilege is a static state into which you are born, stained by original sin. Just as you can’t earn yourself into privilege, you can’t earn yourself out of it, either. … . it’s intriguing that the P-bomb is most frequently dropped by folks of European heritage, either to convey a posturing humility (“I acknowledge my privilege”) or to demonize the Bad White People, the better to distinguish themselves as the Good White People.

Meanwhile, it isn’t clear what an admission of privilege calls you to do, aside from cower. That tired injunction ‘Check your privilege’ translates simply to ‘S.T.F.U.’—and it’s telling that ‘Shut the fuck up’ is now a sufficiently commonplace imperative to have lodged in text-speak.”

“Cisgender”: “Cis-” is a linguistic shell game whereby the typical case is labelled cis-typical.

“Denoting, say, a woman born a woman who thinks she’s a woman, this freighted neologism deliberately peculiarizes being born a sex and placidly accepting your fate, and even suggests that there’s something a bit passive and conformist about complying with the arbitrary caprices of your mother’s doctor. Moreover, unless a discussion specifically regards transgenderism, in which case we might need to distinguish the rest of the population (‘non-trans’ would do nicely), we don’t really need this word, except as a banner for how gendercool we are. It’s no more necessary than words for ‘a dog that is not a cat,’ a ‘lamppost that is not a fire hydrant,’ or ‘a table that is actually a table.’ Presumably, in order to mark entities that are what they appear to be, we could append ‘cis’ to anything and everything. ‘Cisblue’ would mean blue and not yellow. ‘Cisboring’ would mean genuinely dull, and not secretly entertaining after all.”

“Microaggression“: Anything you say that bothers them, even a little.

“… a perverse concoction, implying that the offense in question is so minuscule as to be invisible to the naked eye, yet also that it’s terribly important. The word cultivates hypersensitivity.”

“_____-phobic”: the typical use of this suffix in identity politics stands “phobia” on its head. To be fair, however, it started with a presumption that people hate that which they fear. Maybe also that they fear and hate that which they don’t care for, but we’ll just focus on fear and hate. For example, there is the notion that men have deep fears about their own sexuality. Thus, the prototypical gay-basher in film is often compensating for his own repressed homosexual longings, you see. And now, the idea is that we always fear “otherness” and probably hate it too. Both assertions are tenuous. At least those narratives are rooted in “fear”, but it’s not quite the same phenomenon as hate, and yet “phobic” seems to have been redefined as odium:

“The ubiquitous ‘transphobic,’ ‘Islamophobic,’ and ‘homophobic’ are also eccentric, in that the reprobates so branded are not really being accused of fearfulness but hatred.”

“LGBTQ“: Lumping all these “types” together can be misleading, as they do not always speak in unison on public policy. But if we must, how about “Let’s Go Back To ‘Queer'”, as Shriver suggests. The LGBs I know don’t seem to mind it as a descriptor, but maybe that’s only when they say it. Not sure about the trannies. There is a great Libertarian economist who is transsexual ( Dierdre McCloskey), and somehow “queer” doesn’t seem quite right for her. Perhaps she’s just a great woman.

“The alphabet soup of ‘LGBTQ’ continues to add letters: LGBTQIAGNC, LGBTQQIP2SAA, or even LGBTIQCAPGNGFNBA. A three-year-old bashing the keyboard would produce a more functional shorthand, and we already have a simpler locution: queer.”

“Problematic”, “Troubling” and “Inappropriate”: I’m sure some of what I’ve said above is all three. I must confess I’ve used these terms myself, and they are perfectly good words. It’s just funny when the Left uses them in the following ways.

“Rare instances of left-wing understatement, ‘problematic’ and ‘troubling’ are coyly nonspecific red flags for political transgression that obviate spelling out exactly what sin has been committed (thereby eliding the argument). Similarly, the all-purpose adjectival workhorse ‘inappropriate’ presumes a shared set of social norms that in the throes of the culture wars we conspicuously lack. This euphemistic tsk-tsk projects the prim censure of a mother alarmed that her daughter’s low-cut blouse is too revealing for church. ‘Inappropriate’ is laced with disgust, while once again skipping the argument. By conceit, the appalling nature of the misbehavior at issue is glaringly obvious to everyone, so what’s wrong with it goes without saying.”

Here are a few others among my favorites:

“Patriarchy“: This serves the same function as “privilege” but is directed more specifically at the privilege enjoyed by males. Usually white, heterosexual males. It seeks to preemptively discredit any argument a male might make, and often it is used to discredit Western political and economic thought generally. That’s because so much of it was the product of the patriarchy, don’t you know! And remember, it means that males are simply incapable of understanding the plight of females … and children, let alone queers! Apparently fathers are bad, especially if they’re still straight. Mothers are good, unless they stand with the patriarchy.

“Hate Speech“: This expression contributes nothing to our understanding of speech that is not protected by the Constitution. If anything its use is intended to deny certain kinds of protected speech. Sure, originally it was targeted at such aberrations as racist or anti-gay rhetoric, assuming that always meant “hate”, but even those are protected as long as they stop short of “fighting words”. There are many kinds of opinions that now seem to qualify as “hate speech” in the eyes of the Identitarian Left, even when not truly “hateful”, such as church teachings in disapproval of homosexuality. There is also a tendency to characterize certain policy positions as “hate speech”, such as limits on immigration and opposition to “living wage” laws. Hypersensitivity, once more.

“Sustainability“: What a virtue signal! It’s now a big game to characterize whatever you do as promoting “sustainability”. But let’s get one thing straight: an activity is sustainable only if its benefits exceed its resource costs. That is the outcome sought by voluntary participants in markets, or they do not trade. Benefits and costs “estimated” by government bureaucrats without the benefit of market prices are not reliable guides to sustainability. Nor is Lefty politics a reliable guide to sustainability. Subsidies for favored activities actually undermine that goal.

There are many other Lefty catch phrases and preferred ways of speaking. We didn’t even get to “safe space”, “social justice”, and the pronoun controversy. Shriver closes with some general thoughts on the lefty lingo. I’ll close by quoting one of those points:

“The whole lexicon is of a piece. Its usage advertises that one has bought into a set menu of opinions—about race, gender, climate change, abortion, tax policy, #MeToo, Trump, Brexit, Brett Kavanaugh, probably Israel, and a great deal else. Reflexive resort to this argot therefore implies not that you think the same way as others of your political disposition but that you don’t think. You have ordered the prix fixe; you’re not in the kitchen cooking dinner for yourself.”

Snopes Attacks Satire In Ominous Self-Satirization

12 Monday Aug 2019

Posted by pnoetx in Censorship, Free Speech

≈ 1 Comment

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Babylon Bee, Censorship, Chick-Fil-A, Deplatforming, Donald Trump, Facebook, Fact-Checking, Fake News, Kim Lacapria, Linda Sue Grimes, Publix, Satire, Snopes.com, Tea Party, The Onion, The Squad

Snopes.com began as an investigator of urban legends and rumors, exposing myths in an exercise that was useful and often fascinating. More recently, despite its founder’s weak argument to the contrary, Snopes has fully revealed its bias against certain political viewpoints, along with a tendency to avoid reporting some actual facts as facts when it suits itself. Lately this has reached a pathetic level, with the site drawing amused reaction to its confusion over the satiric nature of The Babylon Bee. The Bee is a truly funny site similar to The Onion, but it bills itself as “Christian Satire”. If you find that off-putting or think it means the humor must be cornpone, think again. Of course, there is no doubt that the Bee’s humor often pokes fun at the Left, which probably explains Snopes’ motives.

Snopes itself has not been above a bit of fibbing. Its “political fact-checker”, Kim Lacapria, is a former leftist blogger, known to have maligned the Tea Party as “Teahadists”, a funny mischaracterization of the unquestionably peaceful movement as violent. She’s not exactly a person you’d trust as an impartial arbiter of political “fact”. Linda Sue Grimes wrote an informative article with several prominent examples of bias by Snopes. There have also been reports of sordid personal and financial exploits by one of Snopes’ founders, much of which stands up to scrutiny.

In its latest misadventure in fact-weaving, Snopes’ has charged that the Bee published a story “intended to deceive” readers, and it claimed the Bee had done so in the past. The story was entitled “Georgia Lawmaker Claims Chick-Fil-A Employee Told Her To Go Back To Her Country, Later Clarifies He Actually Said ‘My Pleasure“. It was inspired by an incident in which the same Georgia lawmaker apparently had too many items in the express checkout at a Publix grocery store. She claimed that an angry white man told her to “go back to where you came from”. However, the Publix clerk with whom she had the altercation, who happens to be Cuban, denies having said any such thing, though he did admit to calling her a bitch. The lawmaker’s allegation seems suspiciously coincidental, having come in the immediate wake of Donald Trump’s controversial tweet that the quartet of federal lawmakers known as “The Squad” should “go back to where they came from”.

Apparently, the humor in the Bee’s article was just a bit too subtle for Snopes, whose “woke” employees have particularly vivid imaginations. The Bee article was funny precisely because it ridiculed those who hear racial “dog whistles” everywhere. The idea that a Chinese employee working a drive-through at Chick-Fil-A would say such a thing is unlikely to say the least. Anyone who has ever visited a Chick-Fil-A knows it. Too many of those with whistles in their ears haven’t had the pleasure.

Has the Bee intended to deceive its readers in the past? Perhaps Snopes was referring to an article entitled “CNN Purchases Industrial-Sized Washing Machine to Spin News Before Publication“. Snopes went to the trouble of calling that story false and bringing it to Facebook’s attention. Facebook actually issued a warning to the Bee (for which FB later apologized). But here’s the thing, in Grimes’ words:

“Debunking a piece of satire renders the debunker as functionally illiterate, appearing too ignorant to understand that a piece of satire does not function to relay information as a news report would.”

It’s actually much worse than that. If Snopes wants to to assess the objective truth of claims, that’s one thing, but it has drifted into the assessment of literary and authorial intent. That’s ominous for the cause of free discourse, especially to the extent that social media sites rely on Snopes as a filter to deplatform certain voices or silence points of view. Snopes has no business attempting to draw distinctions between satire and “fake news” or any intent to deceive, because it’s bound to get it wrong and already has. They might as well fact-check stand-up comics whose routines might confuse a few dimwitted members of the public, and Snopes just might do so if the comic doesn’t support its preferred political narrative. Snopes’ role is not to protect the unsophisticated from satire, and apparently its fact-checkers feel no compulsion to debunk the satire produced by The Onion, for example. The Bee’s pointed satire often serves the purpose of exposing the Left for its congenital stupidity, but that is anything but an effort to deceive, as much as Snopes might wish it was so.

Behold Our Algorithmic Overlords

18 Thursday Jul 2019

Posted by pnoetx in Automation, Censorship, Discrimination, Marketplace of Ideas

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Algorithmic Governance, American Affairs, Antitrust, Behavioral Economics, Bryan Caplan, Claremont Institute, David French, Deplatforming, Facebook, Gleichschaltung, Google, Jonah Goldberg, Joseph Goebbels, Mark Zuckerberg, Matthew D. Crawford, nudge, Peeter Theil, Political Legitimacy, Populism, Private Governance, Twitter, Viewpoint Diversity

A willingness to question authority is healthy, both in private matters and in the public sphere, but having the freedom to do so is even healthier. It facilitates free inquiry, the application of the scientific method, and it lies at the heart of our constitutional system. Voluntary acceptance of authority, and trust in its legitimacy, hinges on our ability to identify its source, the rationale for its actions, and its accountability. Unaccountable authority, on the other hand, cannot be tolerated. It’s the stuff of which tyranny is made.

That’s one linchpin of a great essay by Matthew D. Crawford in American Affairs entitled “Algorithmic Governance and Political Legitimacy“. It’s a lengthy piece that covers lots of ground, and very much worth reading. Or you can read my slightly shorter take on it!

Imagine a world in which all the information you see is selected by algorithm. In addition, your success in the labor market is determined by algorithm. Your college admission and financial aid decisions are determined by algorithm. Credit applications are decisioned by algorithm. The prioritization you are assigned for various health care treatments is determined by algorithm. The list could go on and on, but many of these “use-cases” are already happening to one extent or another.

Blurring Private and Public Governance

Much of what Crawford describes has to do with the way we conduct private transactions and/or private governance. Most governance in free societies, of the kind that touches us day-to-day, is private or self-government, as Crawford calls it. With the advent of giant on-line platforms, algorithms are increasingly an aspect of that governance. Crawford notes the rising concentration of private governmental power within these organizations. While the platforms lack complete monopoly power, they are performing functions that we’d ordinarily be reluctant to grant any public form of government: they curate the information we see, conduct surveillance, exercise control over speech, and even indulge in the “deplatforming” of individuals and organizations when it suits them. Crawford quotes Facebook CEO Mark Zuckerberg:

“In a lot of ways Facebook is more like a government than a traditional company. . . . We have this large community of people, and more than other technology companies we’re really setting policies.”

At the same time, the public sector is increasingly dominated by a large administrative apparatus that is outside of the normal reach of legislative, judicial and even executive checks. Crawford worries about “… the affinities between administrative governance and algorithmic governance“. He emphasizes that neither algorithmic governance on technology platforms nor an algorithmic administrative state are what one could call representative democracy. But whether these powers have been seized or we’ve granted them voluntarily, there are already challenges to their legitimacy. And no wonder! As Crawford says, algorithms are faceless pathways of neural connections that are usually difficult to explain, and their decisions often strike those affected as arbitrary or even nonsensical.

Ministry of Wokeness

Political correctness plays a central part in this story. There is no question that the platforms are setting policies that discriminate against certain viewpoints. But Crawford goes further, asserting that algorithms have a certain bureaucratic logic to elites desiring “cutting edge enforcement of social norms“, i.e., political correctness, or “wokeness”, the term of current fashion.

“First, in the spirit of Václav Havel we might entertain the idea that the institutional workings of political correctness need to be shrouded in peremptory and opaque administrative mechanisms because its power lies precisely in the gap between what people actually think and what one is expected to say. It is in this gap that one has the experience of humiliation, of staying silent, and that is how power is exercised.

But if we put it this way, what we are really saying is not that PC needs administrative enforcement but rather the reverse: the expanding empire of bureaucrats needs PC. The conflicts created by identity politics become occasions to extend administrative authority into previously autonomous domains of activity. …

The incentive to technologize the whole drama enters thus: managers are answerable (sometimes legally) for the conflict that they also feed on. In a corporate setting, especially, some kind of ass‑covering becomes necessary. Judgments made by an algorithm (ideally one supplied by a third-party vendor) are ones that nobody has to take responsibility for. The more contentious the social and political landscape, the bigger the institutional taste for automated decision-making is likely to be.

Political correctness is a regime of institutionalized insecurity, both moral and material. Seemingly solid careers are subject to sudden reversal, along with one’s status as a decent person.”

The Tyranny of Deliberative Democracy

Crawford takes aim at several other trends in intellectual fashion that seem to complement algorithmic governance. One is “deliberative democracy”, an ironically-named theory which holds that with the proper framing conditions, people will ultimately support the “correct” set of policies. Joseph Goebbels couldn’t have put it better. As Crawford explains, the idea is to formalize those conditions so that action can be taken if people do not support the “correct” policies. And if that doesn’t sound like Gleichschaltung (enforcement of conformity), nothing does! This sort of enterprise would require:

“… a cadre of subtle dialecticians working at a meta-level on the formal conditions of thought, nudging the populace through a cognitive framing operation to be conducted beneath the threshold of explicit argument.

… the theory has proved immensely successful. By that I mean the basic assumptions and aspirations it expressed have been institutionalized in elite culture, perhaps nowhere more than at Google, in its capacity as directorate of information. The firm sees itself as ‘definer and defender of the public interest’ …“

Don’t Nudge Me

Another of Crawford’s targets is the growing field of work related to the irrationality of human behavior. This work resulted from the revolutionary development of experimental or behavioral economics, in which various hypotheses are tested regarding choice, risk aversion, an related issues. Crawford offers the following interpretation, which rings true:

“… the more psychologically informed school of behavioral economics … teaches that we need all the help we can get in the form of external ‘nudges’ and cognitive scaffolding if we are to do the rational thing. But the glee and sheer repetition with which this (needed) revision to our understanding of the human person has been trumpeted by journalists and popularizers indicates that it has some moral appeal, quite apart from its intellectual merits. Perhaps it is the old Enlightenment thrill at disabusing human beings of their pretensions to specialness, whether as made in the image of God or as ‘the rational animal.’ The effect of this anti-humanism is to make us more receptive to the work of the nudgers.”

While changes in the framing of certain decisions, such as opt-in versus opt-out rules, can often benefit individuals, most of us would rather not have nudgers cum central planners interfere with too many of our decisions, no matter how poorly they think those decisions approximate rationality. Nudge engineers cannot replicate your personal objectives or know your preference map. Indeed, externally applied nudges might well be intended to serve interests other than your own. If the political equilibrium involves widespread nudging, it is not even clear that the result will be desirable for society: the history of central planning is one of unintended consequences and abject failure. But it’s plausible that this is where the elitist technocrats in Silicon Vally and within the administrative state would like to go with algorithmic governance.

Crawford’s larger thesis is summarized fairly well by the following statements about Google’s plans for the future:

“The ideal being articulated in Mountain View is that we will integrate Google’s services into our lives so effortlessly, and the guiding presence of this beneficent entity in our lives will be so pervasive and unobtrusive, that the boundary between self and Google will blur. The firm will provide a kind of mental scaffold for us, guiding our intentions by shaping our informational context. This is to take the idea of trusteeship and install it in the infrastructure of thought.

Populism is the rejection of this.”

He closes with reflections on the attitudes of the technocratic elite toward those who reject their vision as untrustworthy. The dominance of algorithmic governance is unlikely to help them gain that trust.

What’s to be done?

Crawford seems resigned to the idea that the only way forward is an ongoing struggle for political dominance “to be won and held onto by whatever means necessary“. Like Bryan Caplan, I have always argued that we should eschew anti-trust action against the big tech platforms, largely because we still have a modicum of choice in all of the services they provide. Caplan rejects the populist arguments against the tech “monopolies” and insists that the data collection so widely feared represents a benign phenomenon. And after all, consumers continue to receive a huge surplus from the many free services offered on-line.

But the reality elucidated by Crawford is that the tech firms are much more than private companies. They are political and quasi-governmental entities. Their tentacles reach deeply into our lives and into our institutions, public and private. They are capable of great social influence, and putting their tools in the hands of government (with a monopoly on force), they are capable of exerting social control. They span international boundaries, bringing their technical skills to bear in service to foreign governments. This week Peter Theil stated that Google’s work with the Chinese military was “treasonous”. It was only a matter of time before someone prominent made that charge.

The are no real safeguards against abusive governance by the tech behemoths short of breaking them up or subjecting them to tight regulation, and neither of those is likely to turn out well for users. I would, however, support safeguards on the privacy of customer data from scrutiny by government security agencies for which the platforms might work. Firewalls between their consumer and commercial businesses and government military and intelligence interests would be perfectly fine by me.

The best safeguard of viewpoint diversity and against manipulation is competition. Of course, the seriousness of threats these companies actually face from competitors is open to question. One paradox among many is that the effectiveness of the algorithms used by these companies in delivering services might enhance their appeal to some, even as those algorithms can undermine public trust.

There is an ostensible conflict in the perspective Crawford offers with respect to the social media giants: despite the increasing sophistication of their algorithms, the complaint is really about the motives of human beings who wish to control political debate through those algorithms, or end it once and for all. Jonah Goldberg puts it thusly:

“The recent effort by Google to deny the Claremont Institute the ability to advertise its gala was ridiculous. Facebook’s blocking of Prager University videos was absurd. And I’m glad Facebook apologized.

But the fact that they apologized points to the fact that while many of these platforms clearly have biases — often encoded in bad algorithms — points to the possibility that these behemoths aren’t actually conspiring to ‘silence’ all conservatives. They’re just making boneheaded mistakes based in groupthink, bias, and ignorance.”

David French notes that the best antidote for hypocrisy in the management of user content on social media is to expose it loud and clear, which sets the stage for a “market correction“. And after all, the best competition for any social media platform is real life. Indeed, many users are dropping out of various forms of on-line interaction. Social media companies might be able to retain users and appeal to a broader population if they could demonstrate complete impartiality. French proposes that these companies adopt free speech policies fashioned on the First Amendment itself:

“…rules and regulations restricting speech must be viewpoint-neutral. Harassment, incitement, invasion of privacy, and intentional infliction of emotional distress are speech limitations with viewpoint-neutral definitions…”

In other words, the companies must demonstrate that both moderators and algorithms governing user content and interaction are neutral. That is one way for them to regain broad trust. The other crucial ingredient is a government that is steadfast in defending free speech rights and the rights of the platforms to be neutral. Among other things, that means the platforms must retain protection under Section 230 of the Telecommunications Decency Act, which assures their immunity against lawsuits for user content. However, the platforms have had that immunity since quite early in internet history, yet they have developed an aggressive preference for promoting certain viewpoints and suppressing others. The platforms should be content to ensure that their policies and algorithms provide useful tools for users without compromising the free exchange of ideas. Good governance, political legitimacy, and ultimately freedom demand it.

The EU Chokes the Free Flow of Information

14 Sunday Apr 2019

Posted by pnoetx in Censorship, Free Speech

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Brexit, Catarina Midoes, Censorship Machines, Cory Doctorow, crony capitalism, Electronic Frontier Foundation, European Copyright Directive, European Union, Facebook, Fair Use, Google, Link Tax, Mark Zuckerberg, Scott Shackford, Stan Adams, Takedown Notice, Warren Meyer

The European Union wants to force me to pay “news sites” for links with “snippets” of content I might quote on this blog, and it wants the WordPress platform to flag and censor anything that might qualify as copyright infringement. The EU also wants search engines like Google and platforms like Facebook to pay for links and “snippets” or else censor them. Most members in the EU Parliament apparently think the best way to regulate information services is to choke off the flow of information. As Warren Meyer says, if you weren’t for Brexit, this single EU action might well convert you (though British statists have their own designs on censorship, Brexit or not). And if you think government involvement won’t ruin the internet, think again.

These restrictive demands are the essence of two controversial provisions of the so-called European Copyright Directive (ECD) passed by the EU Parliament on March 26th. My summary here leaves out lots of detail, but be assured that administering the Directive will require a massive regulatory apparatus:

The Link Tax: If you link to a source and quote a “snippet” of text from that source, you will have to obtain a license from the source, or else the link you use may be blocked. Keep in mind the rule applies despite full attribution to the original source! It remains to be seen how these licenses will be negotiated, but it will almost certainly impose costs on users.

Censorship Machines: Platforms will be required to monitor and assess everything posted for possible copyright infringement. That will require the development of automated “filters” to flag and remove material that might be in violation. That’s a stark change in the treatment of speech on platforms that, heretofore, have not been required to police their users. The responsibility was on those holding copyrights to go after unauthorized use with takedown notices.

Cory Doctorow of the Electronic Frontier Foundation (EFF) wrote an informative position paper on the ECD a week before the vote. He has been an active and articulate opponent of the legislation. Here are some of his comments (his emphasis):

“… text that contains more than a ‘snippet’ from an article are covered by a new form of copyright, and must be licensed and paid by whoever quotes the text …[the ECD] has a very vague definition of ‘news site’ and leaves the definition of ‘snippet’ up to each EU country’s legislature. … no exceptions to protect small and noncommercial services, including Wikipedia but also your personal blog. The draft doesn’t just give news companies the right to charge for links to their articles—it also gives them the right to ban linking to those articles altogether, (where such a link includes a quote from the article) so sites can threaten critics writing about their articles.”

The ECD seems intended as a gift to large news organizations, but it will discourage the free exposure now given to those news sites on the internet. It’s therefore not clear that the ECD will generate much incremental cash flow for news sites or other content providers. However, collecting the new license revenue will come at some expense, so it won’t be of much help to smaller “rights holders”. Therefore, the rule is likely to benefit large platforms and news outlets disproportionately, as they are in a better position to negotiate licenses for the use of material.

As for censorship machines, perhaps rights holders prefer a shift in the burden of policing the use of copyrighted material away from themselves and to the platforms. Some might suggest that it will achieve efficiencies, but that seems unlikely. These filters are costly and are likely to suffer from an excess of false positives. Moreover, the ECD creates risks that demand conservatism on the part of the platforms, so their censorship machines will systematically side against users. There is also a reasonable possibility that filters will be used to control political speech.

All of this is contrary to the doctrine of fair use, as codified and practiced in the U.S. This involves four conditions giving fairly broad latitude to users, described at the last link by Stan Adams:

“The relevant statutory provision (17 U.S.C. § 107) describes four factors to consider when determining whether a particular use of a work is “fair”: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the work as a whole; and the effect of the use on the potential market for, or value of, the original work.”

Copyright protection has never been absolute nor intended to guarantee perfect exclusivity. Ever lend a book to a friend? Ever heard a cover band perform pop hits? Ever offered a quote to forward a written argument? All of this falls broadly under fair use, and much of it serves to promote the economic interests of rights holders, as opposed to infringing on the market for their original work. The EU, however, has no provisions for fair use in its copyright laws (though EU countries may have limitations and exclusions to copyright protection).

It’s bad enough that Europeans will suffer the consequences of this ill-considered piece of legislation, but can the platforms be counted upon to apply their censorship machines only to select geographies? Adams encapsulates the difficulties the ECD presents to users elsewhere:

“… the rest of the world must rely on private companies to ensure that the EU’s misguided copyright policies do not restrict freedoms enjoyed elsewhere in the world.”

Internet regulations in Europe and the U.S. seem to be following different cronyist disease vectors. The ECD favors large news organizations at the expense of social media platforms, and ultimately consumers and the cause of free speech. The large tech platforms are of course equipped to survive, but perhaps not small ones. In the U.S., we have Mark Zuckerberg begging for regulation of Facebook, including the regulation of speech. That’s a spectacularly bad idea for public policy. It too would disadvantage smaller competitors in the social media space. Ultimately, in Europe and the U.S, these steps will come at the expense of consumers, possibly in higher monetary costs, but definitely in restrained trade in online services and in the marketplace of ideas. So goes the cause of free speech when government has the power to regulate the flow of information.

For further reading on the ECF, see Catarina Midoes: “Is this blog post legal (under new EU copyright law)?” She discusses how different factions view the ECD, gives additional perspective on the controversial provisions, and discusses some potential unintended consequences. Also see Scott Shackford’s “Hide Those Meme’s Folks…”

Preserve the Separation of Google and State

28 Friday Sep 2018

Posted by pnoetx in Antitrust, Censorship, Privacy

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Tags

Anti-Competitive, Antitrust, Biased Search Results, China, Do the Right Thing, European Union, FICO Score, Google, Government Monopoly, J.D. Tuccille, Limited government, Liu Hu, Personal Information, Privatized Authoritarianism, Social Credit Score, Surveillance, Unenumerated Rights

Little did we suspect that Google’s collection of personal data and manipulation of search results was mere practice for the job of censoring, curating, and providing behavioral surveillance for repressive governments (more on search manipulation here and here). Actually, some of us have expressed trepidation that our own individual liberty might face such a vulnerability, with Google working in concert with our own government:

“As a firm like Google attains the status of an arm of the state, or multiple states, it could provide a mechanism whereby those authorities could manipulate behavior and coerce their citizens, making the internet into a tool of tyranny rather than liberty. ‘Don’t be evil’ is not much of a guarantee.”

Now, however, the company is working with the government of mainland China to implement a version of its search engine that meets the needs of the Communist regime. J.D. Tuccille calls this “Privatized Authoritarianism”. Search results from Google’s Chinese utility might come back blank, or certain sites might be banned, or at least banned from the first page of results (e.g., Wikipedia, the BBC).

Not only that, the Chinese government is building a system of “social credit scores” for its citizens, essentially a one-number report card like the FICO credit score in the West. This one, however, is driven by more than financial transactions; it’s intended to account for a variety of behaviors including one’s record in criminal and civil matters, anything reflecting one’s “trustworthiness”, general comportment, and alignment with official doctrine. The country is building a gargantuan network of surveillance cameras with visual recognition technology and artificial intelligence that will be used to generate inputs to the social score. And Google’s Chinese search platform?

“… users’ interest in pursuing forbidden paths of inquiry will certainly become part of their permanent record. That’s no joke in a country that’s rapidly modernizing the hoary old mechanisms of the police state with a modern ‘social credit’ system that can effectively place people under house arrest with nary a trench coat in sight.

‘A poor Chinese social credit score can lead to bans from travel, certain schools, luxury hotels, government positions, and even dating apps,’ notes the Brookings Institution. Liu Hu, an investigative journalist, incurred the Chinese government’s wrath for exposing corruption among Communist Party officials. He’s among millions who have been punished with a tanked social credit score that prevents him from easily working or even leaving his hometown.”

Political search activity is one thing. What happens if you search for information on foreign news sources? Certain medications or certain disfavored goods? Movies? Books? Sex? What are the consequences of actually clicking on a particular link in a search result? Could the governments place “honey pots” into search results? Could the system be used by the government to entrap citizens? You bet it could!

The Chinese government is everything a liberal should hate, classical or otherwise. But they do what they do. Google, which takes pride in its “do the right thing” mantra, is most certainly not doing the right thing by contributing to this intrusive effort. And it could happen here in the West. In fact, it is probably already happening here to some degree.

Google was fined $2.7 billion by the European Union in 2017 for biasing its search results in favor of its own services. That ruling was made on traditional antitrust grounds: the bias in search results was judged to have anti-competitive effects on the searched-for service markets. But apart from a direct connection to some other form of commerce, traditional antitrust arguments are difficult to make against a free search engine. The company has a high market share but by no means a monopoly over search results, at least in the U.S.

Still, a partnership between Google and government is potentially troublesome, and more so than run-of-the-mill corporatism, though there is that, too. Many individuals are blasé about managing their privacy on social media, while many others seek a level of anonymity to those outside of their social circle. The latter may be wise, but it won’t do them much good if the government gains access to their on-line behavior. The real issue is ownership of our personal information, and that is an unsettled area of the law. Google acquires that information for free in exchange for providing a free search engine. But can Google or any other company with an online platform legally use your personal data as it likes? No, at least not in principle, but that’s no guarantee that the data won’t be used in ways to which you’d object. If anyone should have rightful monopoly rights over the use of individual data, it’s the individual. But strict data privacy might mean we’ll have to pay to use the search engine.

Government has a monopoly on force, but one can hardly bring antitrust action against government, Google partnership or not. That monopoly on force is why our constitutional rights are so critical. Those rights are primarily unenumerated in the U.S. Constitution, while the powers of the federal government are explicitly limited and enumerated. Individual liberty, including the right to privacy, must be respected and protected by our institutions. That should include data privacy. As the reach of government social programs grows, however, participation requires that personal data is increasingly shared with the government. That’s another good reason to keep government small!