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Factiness EU Style: A Dedicated Group of Like Minded People Carpet Bombs The European Parliament

July 17, 2018 Comments off

ALEX

Viddy well, little brother. Viddy well.

from A Clockwork Orange, written by Stanley Kubrick based on the novel by Anthony Burgess

As we noted in Fair Copyright Canada and 100,000 Voters Who Don’t Exist back in 2009, the legitimate desire by governments to use the Internet to engage with the governed is to be admired.  But there have been incredible and probably illegal uses of the Internet to overwhelm elected officials with faux communications that reek of Google-style misinformation and central planning in the hive mind of the Googleplex.

We saw this again with the Article 13 vote in Europe last week with what clearly seems to be a Google-backed attack on the European Parliament for the purpose of policy intimidation.  That’s right–an American-based multinational corporation is trying to intimidate the very same European government that is currently investigating them for anticompetitive behavior and is staring down a multi-billion dollar fine.

Vindictive much?

Advocacy against Google’s interests on artist rights and copyright issues (not to mention human trafficking, advertising illegal drugs and counterfeit goods) can no longer be just about making a good argument to policy makers.  It has to anticipate that Google will pull these DDOS-type stunts capitalizing on what seems to be the element of surprise.

Except there shouldn’t be any surprise.

There is a real problem with policy-by-DDOS governing.  For example, Cass Sunstein, then the Administrator of the Obama Office of Management and Budget, issued a memo in 2010 to the heads of executive branch departments and regulatory agencies which dealt with the use of social media and web-based interactive technologies.

Specifically, the Sunstein memo warned that “[b]ecause, in general, the results of online rankings, ratings, and tagging (e.g., number of votes or top rank) are not statistically generalizable, they should not be used as the basis for policy or planning.”  Sunstein called for exercising caution with public consultations:

To engage the public, Federal agencies are expanding their use of social media and web- based interactive technologies. For example, agencies are increasingly using web-based technologies, such as blogs, wikis, and social networks, as a means of “publishing” solicitations for public comment and for conducting virtual public meetings.

The European Parliament would do well to take a page from Sunstein’s thinking and limit the amount of anonymous contact that anyone can have with MEPs when the European Parliament is suffering a DDOS-style attack.

But the most important thing for the European Commission to take into account is that a company that is the target of multiple investigations is using the very market place monopoly that caused the competition investigations to intimidate the European government into bending to its will on Article 13.  (That, of course, is the biggest difference between the Europeans and Article 13 and the Americans and SOPA–the US government had dropped the US antitrust investigation into Google and it had unparalleled access to the White House.  So the two are really nothing alike at all.)

The European Commission needs to launch a full-blown criminal investigation into exactly what happened on Article 13, particularly since there is another vote on the same subject coming in September.  Properly authorized law enforcement acting swiftly can set sufficient digital snares to track the next attack which surely is coming while they forensically try to figure out what happened.

Advocates need to understand that Google is a deadly force and this is the endless war.  Good arguments are clearly not enough anymore, particularly as long as the government and law enforcement do nothing to protect democratic values from bully boy tactics.

All the Royalty Deadbeats: Chairman @RepGoodlatte Holds Hearing on Google, Twitter and Facebook Monopolies and Filtering Practices

July 17, 2018 Comments off

Thank you Chairman Goodlatte!

PRESS RELEASE:

Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) today delivered the following statement during the House Judiciary Committee’s hearing on “Facebook, Google, and Twitter: Examining the Content Filtering Practices of Social Media Giants.”

Chairman Goodlatte: Today, we continue to examine how social media companies filter content on their platforms. At our last hearing, which we held April, this Committee heard from Members of Congress, social media personalities, legal experts, and a representative of the news media industry to better understand the concerns surrounding content filtering. Despite our invitations, Facebook, Google, and Twitter declined to send witnesses. Today, we finally have them here.

Since our last hearing, we’ve seen numerous efforts by these companies to improve transparency. Conversely, we’ve also seen numerous stories in the news of content that’s still being unfairly restricted. Just before July Fourth, for example, Facebook automatically blocked a post from a Texas newspaper that it claimed contained hate speech. Facebook then asked the paper to “review the contents of its page and remove anything that does not comply with Facebook’s policies.” The text at issue was the Declaration of Independence.

Think about that for a moment. If Thomas Jefferson had written the Declaration of Independence on Facebook, that document would have never seen the light of day. No one would be able to see his words because an algorithm automatically flagged it—or at least some portion of it—as hate speech. It was only after public outcry that Facebook noticed this issue and unblocked the post.

Facebook may be embarrassed about this example—this Committee has the opportunity today to ask—but Facebook also may be inclined to mitigate its responsibility in part because it was likely software, not a human being, that raised an objection to our founding document. Indeed, given the scale of Facebook and other social media platforms, a large portion of their content filtering is performed by algorithms without the need of human assistance.

And Facebook is largely free to moderate content on its platform as it sees fit. This is in part because, over twenty years ago, Congress exempted online platforms from liability for harms occurring over their services. In 1996, the Internet was just taking shape. Congress intended to protect it to spur its growth. It worked because the vibrant Internet of today is no doubt a result of Congress’s foresight.

But the Internet of today is almost nothing like the Internet of 1996. Today, we see that the most successful ideas have blossomed into some of the largest companies on Earth. These companies dominate their markets, and perhaps rightfully so given the quality of their products. However, this begs another question—are these companies using their market power to push the envelope on filtering decisions to favor the content the companies prefer?

Congress must evaluate our laws to ensure that they are achieving their intended purpose. The online environment is becoming more polarized—not less; and there are concerns that discourse is being squelched—not facilitated. Moreover, society as a whole is finding it difficult to define what these social media platforms are and what they do. For example, some would like to think of them as government actors, as public utilities, as advertising agencies, or as media publishers—each with its own set of legal implications and potential shortfalls.

It’s clear, however, that the platforms need to do a better job explaining how they make decisions to filter content and the rationale for why they do so.

I look forward to the witnesses’ testimony.

@helienne Lindvall on MMA Safe Harbor

July 16, 2018 Comments off

It must be said that Music Modernization Act safe harbor was released the same time as CISAC released an economic impact study of the DMCA safe harbor.  We think of DMCA as being worse because we’ve lived with it for decades–in decades how will we feel about the MMA safe harbor and is anyone feeling lucky?

@vahn16: Popular Twitch Streamers Temporarily Banned For Playing Copyrighted Music — Artist Rights Watch

July 13, 2018 Comments off

[Editor Charlie sez: It’s about time that these royalty deadbeats began understanding the meaning of “repeat infringer policy” which Twitch (owned by Amazon) does not seem to have in place at all.]

If you’ve watched any Twitch streams at all in your life ever, this might come as a surprise to you. After all, pretty much everybody on Twitch uses music. Sometimes it’s royalty-free, but it’s not uncommon to hear familiar hits during big streamers’ shows. Some streamers have playlists going in the background for the entirety of multi-hour streams. Others—Kotaku’s own channel included—put on some chill music before a stream is about to start, to let viewers know it’s time to tune in. To account for this, sometimes Twitch auto-mutes audio in portions of stream archives. Otherwise, people don’t usually get in trouble for it.

That doesn’t mean they can’t get in trouble for it, though.

via @vahn16: Popular Twitch Streamers Temporarily Banned For Playing Copyrighted Music — Artist Rights Watch

Are Data Centers The New Cornhusker Kickback and the Facebook Fakeout?

July 9, 2018 Comments off

In case you were scratching your head about why Nebraska Senator Ben Sasse decided to stick his beak into trying to continue discrimination against recording artists who had the misfortune to record before 1972–here’s a possible explanation.  Maybe he was just getting his beak wet?

Remember, Senator Sasse introduced an amendment to the Music Modernization Act in the dead of night the day before the markup of MMA in the Senate Judiciary Committee.  While Senator Ron Wyden–another data center beneficiary of Amazon, Facebook and Google–was at least trying to dress up his complicity in a Chanel suit and Louboutin shoes.  Senator Sasse went the more direct route:

Sasse Amendement

Now why might he be so interested, particuarly given Nebraska’s musical history?  It turns out that there is quite the competition between Nebraska and Iowa for Silicon Valley’s data center business, particularly given the rewewable energy profile of each state (wind is 37% of Iowa’s electricity production and about 20% of Nebraska (including hydro).  That checks the box for Silicon Valley.

Of course, as we see from Senator Sasse’s tone deaf foray into copyright lobbying, Silicon Valley thinks they can play the rubes in return for building data centers in their state, just like they did with Senator Ron Wyden and the people of Oregon.  What does stiffing pre-72 artists have to do with data centers?  Nothing.  What does it have to do with playing footsie with royalty deadbeats like Google and Facebook?

Everything.

And rumor has it that there is a deal in the wings for a new Google data center in Nebraska.  Which also explains a lot.

But somehow, Facebook knows that its Silicon Valleyness may not be that popular with the rubes.

According to Data Center Dynamics, Facebook has been going to great lengths to hide its involvement in massive data centers being built in Nebraska, which gives “Cornhusker Kickback” a whole new meaning:

Operating under the alias Raven Northbrook, Facebook has its eyes on Nebraska, DCDcan exclusively reveal

Late last year, local council officials granted approval for a large data center project in Sarpy County, Nebraska, but the company behind the huge facility was kept a secret.

Now, DCD can confirm that the corporation hoping to build four 610,000 square foot (56,670 sq m) data center halls at the Sarpy Power Park is Facebook.

You can run servers, but you cannot hide them

SHOW FULLSCREEN

Raven Northbrook, certificate of authority, Facebook

Source: Nebraska Secretary of State

Sarpy County documents reveal that the company, which is publicly represented by infrastructure engineering and design solutions company Olsson Associates, goes by the name Raven Northbrook.

Read the post on Data Center Dynamics

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