The Twitter Files and Political Exploitation of Social Media

07 Wednesday Dec 2022

Posted by Nuetzel in Censorship, Regulation, Social Media

Tags

Bari Weiss, Censorship, Common Carrier, Communications Decency Act, Content Moderation, Disinformation Governance Board, Elon Musk, Eugene Volokh, Fighting Words, First Amendment, Hunter Biden, In-Kind Campaign Contribution, James Baker, Mark Zuckerberg, Matt Taibbi, Michael Munger, Munger Test, Public Accompdation, Public Square, Section 230 Immunity, Social Media, Telecommunications Act, Trump-Russia Investigation, Twitter Files, Your Worst Enemy Test

I’ve been cheering for Elon Musk in his effort to remake Twitter into the kind of “public square” it always held the promise to be. He’s standing up for free expression, against one-party control of speech on social media, and especially against government efforts to control speech. That’s a great and significant thing, yet as Duke economist Michael Munger notes, we hear calls from the Biden Administration and congressional Democrats to “keep an eye on Twitter”, a not-so-veiled threat of future investigative actions or worse.

Your Worst Enemy Test, Public or Private

As a disclaimer, I submit that I’m not an unadulterated fan of Musk’s business ventures. His business models too often leverage wrong-headed government policy for profitability. It reeks of rent seeking behavior, whatever Musk’s ideals, and the availability of those rents, primarily subsidies, violates the test for good governance I discussed in my last post. That’s the Munger Test (the “Your Worst Enemy” Test), formally:

“You can only give the State power that you favor giving to your worst enemy.”

On the other hand, Musk’s release of the “Twitter Files” last weekend, with more to come, is certainly a refreshing development. Censorship at the behest of political organizations, foreign governments, or our own government are all controversial and possibly illegal. While we’d ordinarily hope to transact privately at arms length with free exchange being strictly an economic proposition, one might even apply the Munger Test to the perspective of a user of a social media platform: would you trust your worst enemy to exercise censorship on that platform on the basis of politics? Like Donald Trump? Or Chuck Schumer? If not, then you probably won’t be happy there! Now, add to that your worst enemy’s immunity to prosecution for any content they deem favorable!

Cloaked Government Censorship?

Censorship runs afoul of the First Amendment if government actors are involved. In an interesting twist in the case of the Twitter Files, the two independent journalists working with the files, Matt Taibbi and Bari Weiss, learned that some of the information had been redacted by one James Baker, Twitter’s Deputy General Counsel. Perhaps not coincidentally, Baker was also formerly General Counsel of the FBI and a key figure in the Trump-Russia investigation. Musk promptly fired Baker from Twitter over the weekend. We might see, very soon, just how coincidental Baker’s redactions were.

Mark Zuckerberg himself recently admitted that Facebook was pressured by the FBI to censor the Hunter Biden laptop story, which is a key part of the controversy underlying the Twitter Files. The Biden Administration had ambitious plans for working alongside social media on content moderation, but the Orwellian-sounding “Disinformation Governance Board” has been shelved, at least for now. Furthermore, activity performed for a political campaign may represent an impermissible in-kind campaign donation, and Twitter falsely denied to the FEC that it had worked with the Biden campaign.

Solutions?

What remedies exist for potential social media abuses of constitutionally-protected rights, or even politically-driven censorship? Elon Musk’s remaking of Twitter is a big win, of course, and market solutions now seem more realistic. Court challenges to social media firms are also possible, but there are statutory obstacles. Court challenges to the federal government are more likely to succeed (if its involvement can be proven).

The big social media firms have all adopted a fairly definitive political stance and have acted on it ruthlessly, contrary to their professed role in the provision of an open “public square”. For that reason, I have in the past supported eliminating social media’s immunity from prosecution for content posted on their networks. A cryptic jest by Musk might just refer to that very prospect:

“Anything anyone says will be used against me in a court of law.”

Or maybe not … even with the sort of immunity granted to social media platforms, the Twitter Files might implicate his own company in potential violations of law, and he seems to be okay with that.

Immunity was granted to social media platforms under Section 230 of the Communications Decency Act (DCA). It was something many thought “the state should do” in the 1990s in order to foster growth in the internet. And it would seem that a platform’s immunity for content shared broadly should be consistent with promoting free speech. So the issue of revoking immunity is thorny for free speech advocates.

Section 230 And Content Moderation

There have always been legal restrictions on speech related to libel and “fighting words”. In addition, the CDA, which is a part of the Telecommunications Act, restricts “obscene” or “offensive” speech and content in various ways. The problem is that social media firms seem to have used the CDA as a pretext for censoring content more generally. It’s also possible they felt as if immunity from liability made them legally impervious to objections of any sort, including aggressive political censorship and user bans on behalf of government.

The social value of granting immunity depends on the context. There are two different kinds of immunity under Section 230: subsection (c)(1) grants immunity to so-called common carriers (e.g. telephone companies) for the content of private messages or calls on their networks; subsection (c)(2) grants immunity to social media companies for content posted on their platforms as long as those companies engage in content moderation consistent with the provisions of the CDA.

Common carrier immunity is comparatively noncontroversial, but with respect to 230(c)(2), I go back to the question: would I want my worst enemy to have the power to grant this kind of immunity? Not if it meant the power to forgive political manipulation of social media content with the heavy involvement of one political party! The right to ban users is completely unlike the “must serve” legal treatment of “public accommodations” provided by most private businesses. And immunity is inconsistent with other policies. For example, if social media acts to systematically host and to amplify some viewpoints and suppress others, it suggests that they are behaving more like publishers, who are liable for material they might publish, whether produced on their own or by third-party contributors.

Still, social media firms are private companies and their user agreements generally allow them to take down content for any reason. And if content moderation decisions are colored by input from one side of the political aisle, that is within the rights of a private firm (unless its actions are held to be illegal in-kind contributions to a political campaign). Likewise, it is every consumer’s right not to join such a platform, and today there are a number of alternatives to Twitter and Facebook.

Again, political censorship exercised privately is not the worst of it. There are indications that government actors have been complicit in censorship decisions made by social media. That would be a clear violation of the First Amendment for which immunity should be out of the question. I’d probably cut a platform considerable slack, however, if they acted under threat of retaliation by government actors, if that could be proven.

Volokh’s Quid Pro Quo

Rather than simply stripping away Section 230 protection for social media firms, another solution has been suggested by Eugene Volokh in “Common Carrier Status as Quid Pro Quo for § 230(c)(1) Immunity”. He proposes the following choice for these companies:

“(1) Be common carriers 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).”

Option 2 is the very solution discussed in the last section (revoke immunity). Option 1, however, would impinge on a private company’s right to moderate content in exchange for continued immunity. Said differently, the quid pro quo offers continued rents created by immunity in exchange for status as a public utility of sorts, along with limits on the private right to moderate content. Common carriers often face other regulatory rules that bear on pricing and profits, but since basic service on social media is usually free, this is probably not at issue for the time being.

Does Volokh’s quid pro quo pass the Munger Test? Well, at least it’s a choice! For social media firms to host all viewpoints isn’t nearly as draconian as the universal service obligation imposed on local phone companies and other utilities, because the marginal cost of hosting an extra social media user is negligible.

Would I give my worst enemy the power to impose this choice? The CDA would still obligate social media firms selecting Option 1 to censor obscene or offensive content. Option 2 carries greater legal risks to firms, who might respond by exercising more aggressive content moderation. The coexistence of common carriers and more content-selective hosts might create competitive pressures for restrained content moderation (within the limits of the CDA) and a better balance for users. Therefore, Volokh’s quid pro quo option seems reasonable. The only downside is whether government might interfere with social media common carriers’ future profitability or plans to price user services. Then again, if a firm could reverse its choice at some point, that might address the concern. The CDA itself might not have passed the “Worst Enemy” Munger Test, but at least within the context of established law, I think Volokh’s quid pro quo probably does.

We’ll Know More Soon

More will be revealed as new “episodes” of the Twitter Files are released. We may well hear direct evidence of government involvement in censorship decisions. If so, it will be interesting to see the fallout in terms of legal actions against government censorship, and whether support coalesces around changes in the social media regulatory environment.

Let’s Suppress Fraudulent Votes

11 Thursday Aug 2022

Posted by Nuetzel in Corruption, Election Fraud

≈ 1 Comment

Tags

000 Mules, 2, 2020 Census Miscount, 2020 Election, Census Bureau, Center for Tech and Civic Life, Christopher Steele, Department of Justice, Donald Trump, Drop Boxes, Election Fraud, Election Supervisors, FBI, FISA Court, Fulton County Georgia, George Soros, Gretchen Windmere, Hillary Clinton, Mar-a-Lago, Maricopa County Arizona, Mark Zuckerberg, Matt Margolis, Priscilla Chan, Robert Mueller, Robert Zimmerman, Russia Hoax, Sandy Berger, Zuck Bucks, Zuckerbucks

No matter how you feel about the 2020 presidential election, whether you think it was conducted fairly or that it was “stolen” from Donald Trump, you should at least come to grips with the reality that our electoral process is quite vulnerable to manipulation. Most voters agree that election fraud is a problem. A recent poll found that 56% of likely voters agree that “every state should require that ballots be available immediately after elections for bipartisan voter reviews to enhance election confidence and transparency. Only 23% are against ballot reviews…”. So these respondents also agree that compromises to the integrity of elections should be addressed.

Local Fraud, National Scope

There is plenty of evidence that the 2020 election was manipulated by agents both inside and outside the government, if only the mainstream press could be bothered to look at it. Nuts and bolts election fraud is largely a local phenomenon, though there is likely some coordination at higher levels. Robert Zimmerman provides this summary of the election fraud in the 2020 election in Fulton County (Atlanta), Georgia:

Fulton County and its elections are controlled by democrats, much as in other large cities. Localized fraud in deep blue urban centers doesn’t have much if any effect on local races, but it throws statewide and national races into doubt. Of these deep blue enclaves, Zimmerman says:

“… the government is essentially a one-party Democrat operation. Many election districts in these cities have no Republican election judges at all. If the Democrats wish to commit election fraud, there is no one looking over their shoulder to question them, with some districts actually taking aggressive action in 2020 to illegally keep Republican poll watchers out. … Thus we saw strong evidence in all of these cities of pro-Democrat ballot-stuffing, of all types, from fake ballots to ballots counted multiple times to evidence the votes on the ballots themselves were changed by computer.”

In Wisconsin, the State Supreme Court finally ruled last month that the placement of hundreds of drop boxes in its largest cities was illegal. Those unsupervised drop boxes made it a simple matter for hundreds of “mules” to deposit stacks of fraudulent ballots, not to mention enabling other kinds of ballot harvesting on a massive scale. This was not limited to Wisconsin. Zimmerman also discusses Arizona’s Maricopa County (Phoenix), where there were a host of different issues casting doubt on the legitimacy of the 2020 election results. The race in Arizona was very close, and this kind of vote tampering likely threw the state into Biden’s column:

If you doubt the ease with which “mishaps” occur when ballots are counted, take a look at the following tweet from three weeks ago:

The point is that it’s amazingly easy for fraud to occur given the lax standards of accountability often seen in elections, particularly in one-party jurisdictions.

The New Front

Will the Left seize control of elections or leverage that control more aggressively, particularly in deep blue areas? With that control, they can reinforce their ability to swing elections for statewide offices and electoral votes, and they are certainly trying. The link just above describes some well-funded organizations channeling funds to support progressive candidates running for down-ballot positions with supervisory authority over local elections and their procedures. Charities founded by billionaire George Soros, Hilary Clinton, and Mark Zuckerberg are just some of the players involved. This activity has its parallel in Soros’ successful efforts to fund the campaigns of radical leftists for prosecutor jobs in many cities.

There is also the matter of private grants to local election offices, ostensibly to support the “health” of voters and election workers, but mostly used to “get out the vote”. This was the approach used by the activist group funded by Zuckerberg and his wife, Priscilla Chan:

“In 2020, the Chan Zuckerberg Initiative gave $350 million to the Center for Tech and Civic Life, a left-leaning group that distributed grants to mostly Democrat-dominated precincts, driving up the vote. The Zuckerbergs’ grants, dubbed Zuckerbucks, helped finance drop boxes and expanded mail-in balloting, among other activities.”

Pennsylvania recently prohibited private election grants in order to reduce outside influence on elections, a wise response to the violations of state law that occurred in the 2020 election. The ban covers nonprofits like the Center for Tech and Civic Life. Zuckerberg asserts that the organization distributed more grants to Republican jurisdictions (anywhere Trump won in 2020) than elsewhere, but that claim is dubious based on the amounts of those donations:

“… Republican jurisdictions were far more likely to receive grants of less than $50,000, which would likely not be enough to materially change election practices in the recipient jurisdiction.”

Pennsylvania is not alone in its bid to restore integrity by banning these grants. At least 20 states have passed similar laws since the 2020 election, with varying degrees of stringency. That’s good news, but it won’t stop tampering by officials elected with the aid of organizations intent on controlling election procedures.

Corrupting Federal Institutions

There have been, and still are, machinations at levels much higher than local election authorities. The FBI engaged in election sabotage in 2020 to destroy Donald Trump, a sitting U.S. President. This occurred on at least two fronts. There was the staged plot to kidnap Michigan Governor Gretchen Windmere in October 2020, with all hands attempting to implicate Trump and his supporters. Trump’s prospects fell in Michigan after the announcement of this foiled “kidnapping”, which was subsequently discovered to be a plot by the FBI to entrap a few rubes. Equally disturbing was the flagrant attempt by the Justice Department before the election to discount evidence that Hunter Biden had been engaged in influence peddling for years. That discounting continues to this day, of course.

These maneuvers followed the FBI’s complicity in the Russia Hoax, which was conceived in opposition research by Hillary Clinton’s campaign in 2016. The agency made use of a dossier compiled by ex-British spy Christopher Steele on behalf of a Clinton campaign contractor. Despite strong suspicions that the dossier was fabricated as well as politically motivated, it was used to obtain clearance from a FISA Court to surveil Trump’s presidential campaign. The FBI continued its misrepresentation of the Steele dossier throughout the Mueller investigation, which ultimately found no evidence of collusion between the Trump campaign and Russia

Today, we know the FBI and the Department of Justice are still at it. Their attempts to destroy Trump, just 80 days ahead of the 2022 midterms, are transparently motivated by politics, culminating in the raid on Trump’s private residence at Mar-a-Lago in search of “classified documents”. It is also likely a fishing expedition that they hope might turn up evidence of a “planned insurrection”. Note that neither Hillary Clinton nor Sandy Berger (President Clinton’s National Security Advisor) had their private residences raided despite personal and illegal possession of classified documents. The hypocrisy is jaw dropping, but it seems clear the Mar-a-Lago raid was another example of efforts within federal law enforcement to influence elections.

Another recent example of likely election influencing within a federal institution is how the Census Bureau managed to “significantly” miscount the populations of 14 states in the 2020 Census. Five of the six undercounted states were “red” states. Six of the eight over-counted states were “blue” states, including New York. The admission of the miscount by the Census Bureau occurred after redistricting took place, a process that surely would have been impacted by the count. So the Democrats picked up congressional seats by virtue of the miscounting. In addition, according to Matt Margolis, the miscounts will give the next democrat presidential candidate nine extra votes in the Electoral College.

Efforts to wholly eliminate the Electoral College are another example of the Left’s efforts to seize control of the Executive Branch, once and for all. The popular vote would be replaced and control ceded to a group of highly populated coastal states. As I’ve written before, the Electoral College was an arrangement necessary to obtain the agreement of all states to join the union. There is no doubt that many states would insist upon a similar arrangement today if we were to do it all over again.

Conclusion

There is very real potential for ongoing election tampering and vote fraud in elections, and the Left has demonstrated a wholehearted willingness to engage in this effort. Much of this activity takes place at the local level in jurisdictions in which election supervision is controlled by one party. The looser the rules, the greater potential there is for abuse. This also explains the motivation to pour resources into electing certain candidates to offices with supervisory power over elections. Also disturbing is the complicity of federal law enforcement in attempts to influence presidential elections. Our Republic cannot withstand the unbridled partisanship we’ve witnessed in the election process. Addressing these problems is likely to require a major clean-up and reorganization of the FBI and possibly the DOJ, but restoring the integrity of those institutions will probably require significant election successes for Republicans in 2022 and 2024. Yes, there really is a deep state!

Censorship and Content Moderation in the Public Square

30 Thursday Sep 2021

Posted by Nuetzel in Censorship, Free Speech, Social Media

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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.

Woke Activist Inroads In School Books & “Charities”

05 Thursday Aug 2021

Posted by Nuetzel in Campaign Finance, Election Fraud, Leftism

≈ 1 Comment

Tags

#DisruptTexts, Absentee Ballots, Accreditation, Antiracist Baby, Atticus Finch, Cairn University, Chalkboard Review, Council on Social Work Education, Critical Race Theory, Election Integrity, George Soros, Hayden Ludwig, Intersectionality, Jack Dorsey, LGBTQIA Activism, Mark Zuckerberg, Silicon Valley Community Foundation, To Kill a Mockingbird, Tom Knighton, Tom Steyer, Tony Kinnett, Woke Activism, Woke Middlemen

Not long ago I wrote about the “woke middlemen” who are corrupting our institutions, especially education. A few related and disturbing stories have come to my attention since then, upon which I’ll elaborate below.

Lefty School Books

One of these stories has to do with the most obvious of educational middlemen: book publishers. Some of them have joined forces with the #DisruptTexts movement among leftist teachers, helping it to gain headway. These teachers are eliminating great literature from the curriculum on the thin pretext that those books are “too white” or involve “white saviors”, like Atticus Finch of “To Kill a Mockingbird”. The publishers are only too happy to help, offering Zoom seminars on teaching “anti-bias literacy” for a fee and selling new texts for the classroom and guidebooks for teachers that promise to help them make the transition to a curriculum focusing on “advocacy”. That includes a fat dollop of “LGBTQIA” advocacy. One example:

“… replacing ‘The Great Gatsby’ with ‘Juliet Takes a Breath’–a book about a ‘queer Latinx woman’ interning under a feminist writer in Portland.”

Tony Kinnett, co-founder of The Chalkboard Review, is quoted extensively at the link above. He says:

“Take all the racial stuff and set it aside. The Western canon is just objectively better literature. It is a higher form of language. It requires you to think. The plots aren’t spoon-fed to you. The moral of the story isn’t so black and white that it’s like watching a PBS after-school special. … In the #DisruptTexts movement, the big thing you’re going to see is ‘Culturally Relevant Pedagogy’, which is, at best, a pandering concept, and at worst, a horribly racist concept”

This is not confined to middle or high school. The idea is to inculcate “woke activism” from K-12 and beyond. To put it bluntly, the #DisruptTexts crowd promotes activist dumb-assery to our children to the exclusion of traditional lessons and the great writers of the past.

As Tom Knighton warns, the effort to get critical race theory (CRT) into schools is sometimes made with a cunning, as if designed to escape parents’ attention. It might be called by names other than CRT, but it is a danger to your child’s education and well being.

Not on Our Backs

Better news came in a recent article about a college that thumbed its nose at an accrediting association by simply eliminating a social work program, rather than complying with requirements that compromised the school’s values. Cairn University, a Christian school near Philadelphia, rejected the demands for accreditation by the Council on Social Work Education (CSWE). Accreditors like CSWE are middlemen organizations that sometimes attempt to leverage educational institutions as tools for advocacy. A statement from Cairn explained that the CSWE standards are objectionable because they embody:

“… a set of critical theory and intersectionality assumptions and values inconsistent with our biblical view of humanity, human nature, and the world.”

In May, the CSWE claimed that Cairn’s president was exaggerating the changes in the Council’s requirements, and noted that it was aware of efforts in various states to limit education in “racism, diversity, and equity”. Apparently, Cairn’s response was SO WHAT? The new standards are what they are, as noted at the link above. Good for Cairn U!

Big Charity

Finally, I previously overlooked another obvious set of “woke middlemen”: the charitable establishment, which often serves to promote and fund leftist causes, including election activism. The article at the link, by Hayden Ludwig, focuses primarily on the Silicon Valley Community Foundation (SVCF), which he describes as a 501(c)(3) “pass-through” philanthropy. It is funded by still other donor-funded vehicles and supported by such Big Tech luminaries as Mark Zuckerberg and Jack Dorsey, among others. And to whom does SVCF “pass” these tax-privileged funds? According to Ludwig, some of the recipient organizations are local universities and arts organizations. However, billions of dollars have been awarded to the likes of the following left-wing nonprofits:

Voter Turnout

Voter Participation Center (nationwide pre-filled absentee ballot applications)
Center for Voter Information (same)
Voter Registration Project, which in turn funds:
- State Voices
- New Florida Majority
- Florida Immigrant Coalition
- Georgia Coalition for the People’s Agenda
- Blueprint North Carolina
- Mi Familia Vota
Texas Organizing Project (BLM)
National Redistricting Foundation (Eric Holder)

Political Dark Money

Other Leftist Political Grants

Ludwig rightly warns about the potential that large donors can alter election results by providing funds to activist organizations like these, quite apart from the pernicious leftist influence of their social media, news, or other business organizations:

“Those are just the seven-figure grants from a single year, from a single organization. The left has dozens of mega-funders just like it, feeding hundreds of activist groups. Can the right boast the same? In my experience, the answer is a resounding ‘no.’ … Too few realize that the professional left in this country is the best-funded, most well-coordinated political machine in the world, thanks to its weaponization of America’s generous nonprofit sector.”

These days, leftist mega-donors like George Soros and Tom Steyer are even helping to field “fake-Rs” in Republican primaries in districts that Dems could never win. Fortunately, they haven’t prevailed … yet!

Conclusion

The kinds of “woke middlemen” I’ve discussed here and previously are too easy to overlook, often flying “under the radar” of both libertarians and conservatives. Unfortunately, they are highly effective and extremely dangerous to the education of our children and the information available to potential voters. They are a threat to our election process, and ultimately to all of our political institutions, not to mention individual freedom. Our republic’s saving grace is that the people often recognize when elites are pushing bad ideas or trying to gaslight them. But ultimately, the fight to preserve election integrity, educational balance, free speech, and individual rights is likely to require greater firepower.

Behold Our Algorithmic Overlords

18 Thursday Jul 2019

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

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Tags

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 Nuetzel 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…”

Social Media and the Antitrust Reflex

10 Tuesday Apr 2018

Posted by Nuetzel in Antitrust, Regulation, Social Media

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Anticompetitive Behavior, Antitrust, Brendan KIrby, Cambridge Analytica, Data Privacy, EconTalk, Facebook, Fact-Checking, Geoffrey A. Fowler, Information Fiduciary, John O. McGinnis, Jonathan Zittrain, Judicial Restraint, Mark Zuckerberg, Matt Stoller, MeWe, Navneet Alang, Predatory Pricing, Social Media, Trust- Busting

Facebook is under fire for weak privacy protections, its exploitation of users’ data, and the dangers it is said to pose to Americans’ free speech rights. Last week, Mark Zuckerberg, who controls all of the voting stock in Facebook, attempted to address those issues before a joint hearing of the Senate Judiciary and Commerce Committees. It represented a major event in the history of the social media company, and it happened at a time when discussion of antitrust action against social media conglomerates like Facebook, Google, and Amazon is gaining support in some quarters. I hope this intervention does not come to pass.

The Threat

At the heart of the current uproar are Facebook’s data privacy policy and a significant data breach. The recent scandal involving Cambridge Analytica arose because Facebook, at one time, allowed application developers to access user data, and the practice continued for a few developers. Unfortunately, at least one didn’t keep the data to himself. There have been accusations that the company has violated privacy laws in the European Union (EU) and privacy laws in some states. Facebook has also raised ire among privacy advocates by lobbying against stronger privacy laws in some states, but it is within its legal rights to do so. Violations of privacy laws must be adjudicated, but antitrust laws were not intended to address such a threat. Rather, they were intended to prevent dominant producers from monopolizing or restraining trade in a market and harming consumers in the process.

Matt Stoller, in an interview with Russ Roberts on EconTalk, says antitrust action against social media companies may be necessary because they are so pervasive in our lives, have built such dominant market positions, and have made a practice of buying nascent competitors over the years. Steps must be taken to “oxygenate” the market, according to Stoller, promoting competition and protecting new entrants.

Tim Wu, the attorney who coined the misleading term “network neutrality”, is a critic of Facebook, though Wu is more skeptical of the promise of antitrust or regulatory action:

“In Facebook’s case, we are not speaking of a few missteps here and there, the misbehavior of a few aberrant employees. The problems are central and structural, the predicted consequences of its business model. From the day it first sought revenue, Facebook prioritized growth over any other possible goal, maximizing the harvest of data and human attention. Its promises to investors have demanded an ever-improving ability to spy on and manipulate large populations of people. Facebook, at its core, is a surveillance machine, and to expect that to change is misplaced optimism.”

Google has already been subject to antitrust action in the EU due to the alleged anti-competitive nature of its search algorithm, and Facebook’s data privacy policy is under fire there. But the prospect of traditional antitrust action against a social media company like Facebook seems rather odd, as acknowledged by the author at the first link above, Navneet Alang:

“… Facebook specifically doesn’t appear to be doing anything that actively violates traditional antitrust rules. Instead, it’s relying on network effects, that tendency of digital networks to have their own kind of inertia where the more people get on them the more incentive there is to stay. It’s also hard to suggest that Facebook has a monopoly on advertising dollars when Google is also raking in billions of dollars.“

Competition

The size of Facebook’s user base gives it a massive advantage over most of the other platforms in terms of network effects. I offer myself as an example of the inertia described by Alang: I’ve been on Facebook for a number of years. I use it to keep in touch with friends and as a vehicle for attracting readers to my blog. As I contemplated this post, I experimented by opening a MeWe account, where I joined a few user groups. It has a different “feel” than Facebook and is more oriented toward group chats. I like it and I have probably spent as much time on MeWe in the last week as Facebook. I sent MeWe invitations to about 20 of my friends, nearly all of whom have Facebook accounts, and a few days later I posted a link to MeWe on my Facebook wall. Thus far, however, only three of my friends have joined MeWe. Of course, none of us has deactivated our Facebook account, and I speculate that none of us will any time soon. This behavior is consistent with “platform inertia” described by Alang. Facebook users are largely a captive market.

But Facebook is not a monopoly and it is not a necessity. Neither is Google. Neither is Amazon. All of these firms have direct competitors for both users and advertising dollars. It’s been falsely claimed that Google and Facebook together control 90% of online ad revenue, but the correct figure for 2017 is estimated at less than 57%. That’s down a bit from 2016, and another decline is expected in 2018. There are many social media platforms. Zuckerberg claims that the average American already uses eight different platforms, which may include Facebook, Google+, Instagram, LinkedIn, MeWe, Reddit, Spotify, Tinder, Tumblr, Twitter, and many others (also see here). Some of these serve specialized interests such as professional networking, older adults, hook-ups, and shopping. Significant alternatives for users exist, some offering privacy protections that might have more appeal now than ever.

Antitrust vs. Popular, Low-Priced Service Providers

Facebook’s business model does not fit comfortably into the domain of traditional antitrust policy. The company’s users pay a price, but one that is not easily calculated or even perceived: the value of the personal data they give away on a daily basis. Facebook is monetizing that data by allowing advertisers to target individuals who meet specific criteria. Needless to say, many observers are uncomfortable with the arrangement. The company must maintain a position of trust among its users befitting such a sensitive role. No doubt many have given Facebook access to their data out of ignorance of the full consequences of their sacrifice. Many others have done so voluntarily and with full awareness. Perhaps they view participation in social media to be worth such a price. It is also plausible that users benefit from the kind of targeted advertising that Facebook facilitates.

Does Facebook’s business model allow it to engage in an ongoing practice of predatory pricing? It is far from clear that its pricing qualifies as “anti-competitive behavior”, and courts have been difficult to persuade that low prices run afoul of U.S. antitrust law:

“Predatory pricing occurs when companies price their products or services below cost with the purpose of removing competitors from the market. … the courts use a two part test to determine whether they have occurred: (1) the violating company’s production costs must be higher than the market price of the good or service and (2) there must be a ‘dangerous probability’ that the violating company will recover the loss …”

Applying this test to Facebook is troublesome because as we have seen, users exchange something of value for their use of the platform, which Facebook then exploits to cover costs quite easily. Fee-based competitors who might complain that Facebook’s pricing is “unfair” would be better-advised to preach the benefits of privacy and data control, and some of them do just that as part of their value proposition.

More Antitrust Skepticism

John O. McGinnis praises the judicial restraint that has characterized antitrust law over the past 30 years. This practice recognizes that it is not always a good thing for consumers when the government denies a merger, for example, or busts up a firm deemed by authorities to possess “too much power”. An innovative firm might well bring new value to its products by integrating them with features possessed by another firm’s products. Or a growing firm may be able to create economies of scale and scope that are passed along to consumers. Antitrust action, however, too often presumes that a larger market share, however defined, is unequivocally bad beyond some point. Intervention on those grounds can have a chilling effect on innovation and on the value such firms bring to the market and to society.

There are more fundamental reasons to view antitrust enforcement skeptically. For one thing, a product market can be defined in various ways. The more specific the definition, the greater the appearance of market dominance by larger firms. Or worse, the availability of real alternatives is ignored. For example, would an airline be a monopolist if it were the only carrier serving a particular airport or market? In a narrow sense, yes, but that airline would not hold a monopoly over intercity transportation, for which many alternatives exist. Is an internet service provider (ISP) a monopoly if it is the only ISP offering a 400+ Mbs download speed in a certain vicinity? In a very narrow sense, yes, but there may be other ISPs offering slower speeds that most consumers view as adequate. And in all cases, consumers always have one very basic alternative: not buying. Even so-called natural monopolies, such as certain public utilities, offer services for which there are broad alternatives. In those cases, however, a grant of a monopoly franchise is typically seen as a good solution if exchanged for public oversight and regulation, so antitrust is generally not at issue.

One other basic objection that can be made to antitrust is that it violates private property rights. A business that enjoys market dominance usually gets that way by pleasing customers. It’s rewards for excellent performance are the rightful property of its owners, or should be. Antitrust action then becomes a form of confiscation by punishing such a firm and its owners for success.

Political Bias

Another major complaint against Facebook is political bias. It is accused of selectively censoring users and their content and manipulating user news feeds to favor particular points of view. Promises to employ fact-check mechanisms are of little comfort, since the concern involves matters of opinion. Any person or organization held to be in possession of the unadulterated truth on issues of public debate should be regarded with suspicion.

Last Tuesday at the joint session, Zuckerberg acted as if such a bias was quite natural, given that Facebook’s employee base is concentrated in the San Francisco Bay area. But his nonchalance over the matter partly reflects the fact that Facebook is, after all, a private company. It is free to host whatever views it chooses, and that freedom is for the better. Facebook is not like a public square. Instead, the scope of a user’s speech is largely discretionary: users select their own network of friends; they can choose to limit access to their posts to that group or to a broader group of “friends of friends”; they can limit posts to subgroups of friends; or they can allow the entire population of users to see their posts, if interested. No matter how many users it has, Facebook is still a private community. If its “community standards” or their enforcement are objectionable, then users can and should find alternative outlets. And again, as a private company, Facebook can choose to feature particular news sources and censor others without running afoul of the First Amendment.

Revisiting Facebook’s Business Model

The greatest immediate challenge for Facebook is data privacy. Trust among users has been eroded by the improprieties in Facebook’s exploitation of data. It’s as if everyone in the U.S. has suddenly awoken to the simple facts of its business model and the leveraging of user data it requires. But it is not of great concern to some users, who will be happy to continue to use the platform as they have in the past. Zuckerberg did not indicate a willingness to yield on the question of Facebook’s business model in his congressional testimony, but there is a threat that regulation will require steps to protect data that might be inconsistent with the business model. If users opt-out of data sharing in droves, then Facebook’s ability to collect revenue from advertisers will be diminished.

As Jonathan Zittrain points out, Facebook might find new opportunity as an information fiduciary for users. That would require a choice between paying a monthly fee or allowing Facebook to continue targeted advertising on one’s news feed. Geoffrey A. Fowler writes that the idea of paying for Facebook is not an outrageous proposition:

“Facebook collected $82 in advertising for each member in North America last year. Across the world, it’s about $20 per member. … Netflix costs $11 and Amazon Prime is $13 per month. Facebook would need $7 per month from everyone in North America to maintain its current revenue from targeted advertising.”

Given a choice, not everyone would choose to pay, and I doubt that a fee of $7 per month would cost Facebook much in terms of membership anyway. It could probably charge slightly more for regular memberships and price discriminate to attract students and seniors. Fowler contends that a user-paid Facebook would be a better product. It might sharpen the focus on user-provided and user-linked content, rather than content provided by advertisers. As Tim Wu says, “… payment better aligns the incentives of the platform with those of its users.” Fowler also asserts that regulatory headaches would be less likely for the social network because it would not be reliant on exploiting user data.

A noteworthy aspect of Zuckerberg’s testimony at the congressional hearing was his stated willingness to consider regulatory solutions: the “right regulations“, as he put it. That might cover any number of issues, including privacy and political advertising. But as Brendan Kirby warns, regulating Facebook might not be a great idea. Established incumbents are often capable of bending regulatory bodies to their will, ultimately using them to gain a stronger market position. A partnership between the data-rich Facebook and an agency of the government is not one that I’d particularly like to see. Tim Wu believes that what we really need are competitive alternatives to Facebook: he floats a few ideas about how a Facebook competitor might be structured, most prominently the fee-based alternative.

Let It Evolve

Like many others, I’m possessed by an anxiety about the security of my data on social media, an irritation with the political bias that pervades social media firms, and a suspicion that certain points of view are favored over others on their platforms. But I do not favor government intervention against these firms. Neither antitrust action nor regulation is likely to improve the available platforms or their services, and instead might do quite a bit of damage. “Trust-busting” of social media platforms would present technological challenges, but even worse, it would disrupt millions of complex relationships between firms and users and attempt to replace them with even more numerous and complex relationships, all dictated by central authorities rather than market forces. Significant mergers and acquisitions will continue to be reviewed by the DOJ and the FTC, preferably tempered by judicial restraint. I also oppose the regulatory option. Compliance is costly, of course, but even worse, the social media giants can afford it and will manipulate it. Those costs would inevitably present barriers to market entry by upstart competitors. The best regulation is imposed by customers, who should assert their sovereignty and exercise caution in the relationships they establish with social media platforms … and remember that nothing comes for free.

Mr. Musk Often Goes To Washington

31 Monday Jul 2017

Posted by Nuetzel in Automation, Labor Markets, Technology

≈ 1 Comment

Tags

Absolute Advantage, Comparative advantage, DeepMind, Elon Musk, Eric Schmidt, Facebook, Gigafactory, Google, Mark Zuckerberg, OpenAI, rent seeking, Ronald Bailey, SpaceX, Tesla

Elon Musk says we should be very scared of artificial intelligence (AI). He believes it poses an “existential risk” to humanity and calls for “proactive regulation” of AI to limit its destructive potential. His argument encompasses “killer robots”: “A.I. & The Art of Machine War” is a good read and is consistent with Musk’s message. Military applications already involve autonomous machine decisions to terminate human life, but the Pentagon is weighing whether decisions to kill should be made only by humans. Musk also focuses on more subtle threats from machine intelligence: It could be used to disrupt power and communication systems, to manipulate human opinion in dangerous ways, and even to sow panic via cascades of “fake robot news”, leading to a breakdown in civil order. Musk has also expressed a fear that AI could have disastrous consequences in commercial applications with runaway competition for resources. He sounds like a businessmen who really dislikes competition! After all, market competition is self-regulating and self-limiting. The most “destructive” effects occur only when competitors come crying to the state for relief!

Several prominent tech leaders and AI experts have disputed Musk’s pessimistic view of AI, including Mark Zuckerberg of Facebook and Eric Schmidt, chairman of Google’s parent company, Alphabet, Inc. Schmidt says:

“My question to you is: don’t you think the humans would notice this, and start turning off the computers? We’d have a race between humans turning off computers, and the AI relocating itself to other computers, in this mad race to the last computer, and we can’t turn it off, and that’s a movie. It’s a movie. The state of the earth currently does not support any of these scenarios.“

Along those lines, Google’s AI lab known as “DeepMind” has developed an AI off-switch, otherwise known as the “big red button“. Obviously, this is based on human supervision of AI processes and on ensuring the interruptibility of AI processes.

Another obvious point is that AI, ideally, would operate under an explicit objective function(s). This is the machine’s “reward system”, as it were. Could that reward system always be linked to human intent? To a highly likely non-negative human assessment of outcomes? Improved well-being? That’s not straightforward in a world of uncertainty, but it is at least clear that a relatively high probability of harm to humans should impose a large negative effect on any intelligent machine’s objective function.

Those kinds of steps can be regarded as regulatory recommendations, which is what Musk has advocated. Musk has outlined a role for regulators as gatekeepers who would review and ensure the safety of any new AI application. Ronald Bailey reveals the big problem with this approach:

“This may sound reasonable. But Musk is, perhaps unknowingly, recommending that AI researchers be saddled with the precautionary principle. According to one definition, that’s ‘the precept that an action should not be taken if the consequences are uncertain and potentially dangerous.’ Or as I have summarized it: ‘Never do anything for the first time.’“

Regulation is the enemy of innovation, and there are many ways in which current and future AI applications can improve human welfare. Musk knows this. He is the consummate innovator and big thinker, but he is also skilled at leveraging the power of government to bring his ideas to fruition. All of his major initiatives, from Tesla to SpaceX, to Hyperloop, battery technology and solar roofing material, have gained viability via subsidies.

But another hallmark of crony capitalists is a willingness to use regulation to their advantage. Could proposed regulation be part of a hidden agenda for Musk? For example, what does Musk mean when he says, “There’s only one AI company that worries me” in the context of dangerous AI? His own company(ies)? Or another? One he does not own?

Musk’s startup OpenAI is a non-profit engaged in developing open-source AI technology. Musk and his partners in this venture argue that widespread, free availability of AI code and applications would prevent malicious use of AI. Musk knows that his companies can use AI to good effect as well as anyone. And he also knows that open-source AI can neutralize potential advantages for competitors like Google and Facebook. Perhaps he hopes that his first-mover advantage in many new industries will lead to entrenched market positions just in time for the AI regulatory agenda to stifle competitive innovation within his business space, providing him with ongoing rents. Well played, cronyman!

Any threat that AI will have catastrophic consequences for humanity is way down the road, if ever. In the meantime, there are multiple efforts underway within the machine learning community (which is not large) to prevent or at least mitigate potential dangers from AI. This is taking place independent of any government action, and so it should remain. That will help to maximize the potential for beneficial innovation.

Musk also asserts that robots will someday be able to do “everything better than us”, thus threatening the ability of the private sector to provide income to individuals across a broad range of society. This is not at all realistic. There are many detailed and nuanced tasks to which robots will not be able to attend without human collaboration. Creativity and the “human touch” will always have value and will always compete in input markets. Even if robots can do everything better than humans someday, an absolute advantage is not determinative. Those who use robot-intensive production process will still find it advantageous to use labor, or to trade with those utilizing more labor-intensive production processes. Such are the proven outcomes of the law of comparative advantage.

The Renewable Energy Jobs Hoax

30 Tuesday May 2017

Posted by Nuetzel in Renewable Energy, Subsidies, Uncategorized

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Fossil fuels, Government Subsidies, infrastructure, James Taylor, Job Creation, Jobs Objective, Marginal cost, Mark Zuckerberg, Renewable energy, Renewable Energy Subsidies, Tariffs, Tim Worstall

James Taylor at Forbes reveals the dishonest math behind the claim that renewable energy generates more jobs than “conventional energy”, i.e., fossil fuels. It’s a simple trick, as Taylor explains:

“… renewable energy advocates create the broadest possible definition of workers ‘supported’ by the solar power industry, falsely claim that the solar power industry ’employed’ all these workers, and then compare that to the narrowest possible definition of just a single segment of workers ‘directly’ employed in the ‘extraction’ component of the much larger natural gas industry.“

Taylor notes that, “In reality, renewable energy isn’t even in the same universe of job creation as conventional energy.” He goes on to cite the report on which these claims are based and picks it apart. The renewable energy job assertions are obviously self-intereseted, as rent seeking lobbyists know that the political class is dominated by easy marks for renewable energy wonder-stories.

Of course Taylor is correct that the claims about renewable energy jobs are false in the aggregate sense. However, it might or might not be true in the marginal sense, and that’s clearly the sense in which the claim is intended to be taken, despite the fact that the data used is not marginal in nature. If true, it’s not a selling point for renewable energy subsidies because “more jobs” represents a greater marginal cost.

And that brings us to an even more critical issue missed by Taylor: public policy should not be based on the objective of direct job creation. Jobs are a cost, not a benefit. We value the finished goods, not the inputs required to produce them. If you don’t quite get that, imagine two bids for the construction of new kitchen in your home. Same plans, same completion date, similarly brilliant customer reviews of the competing contractors. Without knowing the actual bids, if one contractor tells you it’s a three-man job and the other says it’s a four-man job, you’ll be pretty certain which bid you’ll want to accept.

Ah, but you say, that’s not a fair comparison, because I’m paying for it. Yes you are, just as taxpayers (and more generally society) must pay for the subsidies that lobbyists wheedle out of politicians. Or you say, Ah, but we want more renewable jobs because we want renewable energy, ’cause it’s just right. Maybe, maybe not, but if that’s so, then the idea that the cost is higher because more jobs are required per unit of energy is not a good rationale.

It’s often the case that public policy aimed at “creating jobs” is not accompanied by higher output, lower prices, or even… more jobs! For example, tariffs on foreign goods give an advantage to American producers, but at the cost of job losses in import industries and higher domestic prices that harm consumers more broadly, and thereby reduce jobs. When certain industries or firms are subsidized by the government, the taxpayer is harmed directly, not to mention suppliers of alternatives. This is true at the local and national levels: politicians love to talk about job creation when they offer incentives for new facilities or relocations to their jurisdictions, but these subsidies may put other local firms at a competitive disadvantage and leave taxpayers holding the bag for public services supplied to the recipient firm. When government undertakes large taxpayer-funded infrastructure projects, which might or might not boost productivity, the taxes are damaging and the projects are often poorly planned and lack effective cost controls. Jobs are not a reason to support such projects.

Similar points have been discussed in the past here on Sacred Cow Chips, with links to articles emphasizing the distinction between direct jobs created and economic welfare like this one. “Jobs” should never be a policy objective in and of itself. As Tim Worstall explains in a brief review of Mark Zuckerberg’s recent commencement address at Harvard, jobs simply are not the point! Policy must have a better rationale than the high cost of the labor input!

Fake News and Fake Virtue

28 Monday Nov 2016

Posted by Nuetzel in Free Speech, Propaganda

≈ 2 Comments

Tags

A. Barton Hinkle, Censorship, Donald Trump, Dumb News, Edward Morrissey, Facebook, Fake News, Fidel Castro, Free Speech, Hamilton, Hate Speech, Mark Zuckerberg, Melissa Zimdars, Mike Pence, Noah Rothman, Propaganda, Roger Simon, Scott Shackford

Suddenly, since the election, “fake news” has become all the rage. Not that it’s a new phenomenon. All of us have come across it on social media. Most of us think we know it when we see it, and the recent election probably sensitized a great many of us to its cheap seduction. Some of it is satire, some is sincerely-held conspiracy theory, some is cooked-up, milli-penny click bait, and some of it is intended to drive an agenda.

Those forms of “fake news” are only the most obvious. I believe, for example, that the dangers of positively fake news are no greater than those posed by omission or demotion of news. It was rather obvious during the recent election campaign that news networks often ignored important stories that did not favor their own points of view. And since the death of the tyrant Fidel Castro, we’ve heard pronouncements that he was a “great leader” from a variety of sources who should know better; we’ve heard very little from them about his oppressive and murderous regime.

News as reported, and not reported, is often manipulated or mischaracterized to suit particular agendas. Reporters have their sources, and sources usually have agendas and stratagems in mind, which include rewarding reporters to get the coverage they desire. The manipulation even extends to news about science: grant-hungry and media-savvy members of the scientific community, and the pop-science community, know how to leverage it to their advantage.

Given the universal human capacity for bias, Roger Simon asks, only half in jest, whether all news is fake news. You can rely on so-called fact-checkers in an attempt to verify stories you find suspicious, but choose your fact checkers wisely because they are no better than the biases they bring to their duties. Let’s face it: facts are not always as clear-cut as we’d like. Simon makes his advisory on bias in reporting in the context of Mark Zuckerberg’s new-found passion to identify “fake news” and purveyors of “fake news”, and potentially to ban them from Facebook. No doubt his concern stems from accusations from angry Hillary Clinton supporters that Facebook failed to control the flow of “fake news” during the presidential campaign. He wants users to “flag” fake stories, but he knows that won’t always yield definitive conclusions. Simon quotes the Wall Street Journal:

“Facebook is turning to outside groups for help in fact-checking… It is also exploring a product that would label stories as false if they have been flagged as such by third-parties or users, and then show warnings to users who read or share the articles.

‘The problems here are complex, both technically and philosophically,’ [Zuckerberg] wrote. ‘We believe in giving people a voice, which means erring on the side of letting people share what they want whenever possible.’“

Well, that’s a relief! But what kind of chilling effect might be inflicted when the fact priests assign their marks? And what kind of fact-check/flagging escalation might be engendered among users? In the end, users and third-party “authorities” have biases. You can’t take any proscriptive action that will please them all. Better for hosts to keep their fingers off the scale, avoid censorship, and let users please themselves!

Zuckerberg should know better than to think that “facts” are always easily discerned, that “fake” news is solely the province of crank blogs and flakey “new media” organizations, or that “fake news” has any political affiliation. Consider the following examples offered by A. Barton Hinkle at Reason.com:

“The [New York] Times’ record for disseminating agitprop dates back at least to the early 1930s, when Walter Duranty won a Pulitzer for his reporting that denied the existence of famines in Soviet Russia—during a period when millions were dying of starvation.

More recently, The Times has given the nation the Jayson Blair fabrications—which it followed up with the infamous 2004 story, ‘Memos on Bush Are Fake But Accurate, Typist Says.’ It followed that up four years later with a story implying that GOP presidential candidate John McCain had had an affair with a lobbyist. (The lobbyist sued, and reached a settlement with the paper.)

Over the years other pillars of the media also have fallen on their faces. NBC News had to confess that it rigged GM trucks with incendiary devices for an explosive Dateline segment. The Washington Post gave up a Pulitzer after learning that Janet Cooke’s reporting about an 8-year-old heroin addict was false. In 1998 the Cincinnati Enquirer renounced its own series alleging dark doings by the Chiquita banana company. That same year, CNN retracted its story alleging ‘that the U.S. military used nerve gas in a mission to kill American defectors in Laos during the Vietnam War.’ The San Jose Mercury News had to denounce its own series alleging that the CIA was to blame for the crack cocaine epidemic. Rolling Stone just got hit with a big libel judgment for its now-retracted story about a rape at U.Va. And so on.“

Retractions are good, of course, but they aren’t always forthcoming, and they often receive little notice after the big splash of an initial report. The damage cannot be fully undone. Yet no one proposes to censor “the paper of record” or, with the exception of Fox News, the major television networks.

Edward Morrissey, writing at The Week, notes that the Trump election represented such a total breakdown in the accepted political wisdom that the identification of scapegoats was inevitable:

“Over the past week, the consensus Unified Theory from the media is this: Blame fake news. This explanation started with BuzzFeed’s analysis of Facebook over the past three months, which claimed that the top 20 best-performing ‘fake news’ articles got more engagement than the top 20 ‘mainstream news’ stories. …

There are also serious problems with the evidence BuzzFeed presents. As Timothy Carney points out at the Washington Examiner, the “real news” that Silverman uses for comparison are, in many cases, opinion pieces from liberal columnists. The top ‘real’ stories — which BuzzFeed presented in a graphic to compare against the top ‘fake’ stories — consist of four anti-Trump opinion pieces and a racy exposé of Melania Trump’s nude modeling from two decades ago.“

In Reason, Scott Shackford considers a proposed list of “fake news” sources compiled by a communications professor. Shackford says:

“… [Professor] Zimdars’ list is awful. It includes not just fake or parody sites; it includes sites with heavily ideological slants like Breitbart, LewRockwell.com, Liberty Unyielding, and Red State. These are not “fake news” sites. They are blogs that—much like Reason—have a mix of opinion and news content designed to advance a particular point of view. Red State has linked to pieces from Reason on multiple occasions, and years ago I wrote a guest commentary for Breitbart attempting to make a conservative case to support gay marriage recognition.“

Warren Meyer rightfully identifies the “fake news” outrage as an exercise in idealogical speech suppression, much like the left’s cavalier use of the term “hate speech”:

“The reason it is such a dangerous term for free speech is that there is no useful definition of hate speech, meaning that in practice it often comes to mean, ‘confrontational speech that I disagree with.’“

Worries about “fake” news are one thing, but perhaps we should be just as concerned about the “scourge of dumb news“, and the way it often supplants emphasis on more serious developments. Did the fracas over the Hamilton cast’s treatment of Mike Pence distract the media, and the public, from stories about Donald Trump’s potential conflicts of interest around the globe, which broke at about the same time? Here are some other examples of “dumb” news offered by Noah Rothman, the author of the last link:

“Colin Kaepernick, the Black Lives Matter movement, college-age adults devolving into their childlike selves, or pretentious celebrities politicizing otherwise apolitical events; for the right, these and other similar stories masquerade as and suffice for intellectual stimulation and political engagement. The left is similarly plagued by mock controversies. The faces printed on American currency notes, minority representation in film adaptations of comic books, and astrophysicists insensitive enough to announce feats of human engineering while wearing shirts with cartoon depictions of scantily clad women on them. This isn’t politics but, for many, it’s close enough.“

Okay, so what? We all choose news sources we prefer or discern to be reliable, interesting, or entertaining, and that’s wonderful. No one should presume to question the degree to which news and entertainment ought to intersect. I do not want protection from “fake news”, “dumb news”, or any news source that I prefer, least of all from the government. After all, if there is any entity that might wish to “control the narrative” it’s the government, or anyone who stands to gain from it’s power to coerce.