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Google’s European Campaign Contributions on Article 13

August 24, 2018 Comments off

RITTER

They want what every first term administration wants…a second term.

From A Clear and Present Danger, written by Tom Clancy (novel), screenplay by Donald Stewart, Steven Saillian and John Milius.

MTP readers will recall that both the Times of London and Frankfurter Allgemeine Zeitung have confirmed the efforts by Google to influence the vote on copyright reform in the European Union.  We called for that investigation on MTP and were mocked for doing so by the usual suspects.

Getting mocked by the usual suspects is how you know you’re onto something big, by the way.

But we owe a big thanks to the really stellar investigative work of Volker Rieck and David Lowery that exposed how Google uses astroturf front groups to “push its views” and for which it no doubt pays well.

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There is, of course, a political dimension to this exposé that has not been examined thoroughly yet.  It’s an important dimenstion because the Members of the European Parliament must stand for election next year, less than a year away.  And the Member of the European Parliament who certainly appears to be as close to Google as 1 is to 2 is the lone Pirate Party representative.

The Pirate Party is a creature of proportional representation, an interesting practice in Europe (and other places) that allows political parties with very small constitutencies to field candidates and sometimes get elected to legislative bodies such as the European Parliament.  The Pirate Party has one European Parliament representative elected from Germany, which is interesting because Google has also dropped a pile of influence-peddling cash in Germany according to the Google Transparency Project.

First, Google’s academic influence program in Europe has gone beyond funding existing academic institutions, as it does in the United States, to helping create entirely new institutes and think-tanks in key countries like Germany, France and the United Kingdom. In those countries, executives from Google’s lobbying operation have helped conceive research groups and covered most, or all, of their budgets for years after launch.

Google policy executives have acted as liaisons to steer their research priorities and host public events with policymakers.

For example, Google has paid at least €9 million to help set up the Alexander von Humboldt Institute for Internet and Society (HIIG) at Berlin’s Humboldt University. The new group launched in 2011, after German policymakers voiced growing concerns over Google’s accumulated power.

The Institute has so far published more than 240 scholarly papers on internet policy issues, many on issues of central importance to Google’s bottom line. HIIG also runs a Google-funded journal, with which several Google-funded scholars are affiliated, to publish such research.

The Institute’s reach extends beyond Germany, or even Europe. HIIG previously managed, and still participates, in a global Network of Internet and Society Research Centers [Silicon Valley’s answer to the Confucious Institutes] to coordinate internet policy scholarship. Many are in emerging markets where Google is trying to expand its footprint, such as India and Brazil.

So it must be said that when Google was caught with its hand in the cookie jar on Article 13, that astroturf effort must be viewed as part of a larger Google policy laundering operation that may include influencing elections.  Certainly in a post-Cambridge Analytica world, one cannot simply ignore these dots and all are worthy of investigation for compliance with Europe’s campaign finance laws if nothing else.

For a minority political party representative of one in need of a message in the face of an imminent election, it simply cannot be ignored that garnering the finanical support of Google and Facebook’s astroturf operation for a campaign that directly or indirectly benefits a candidate may be welcome.

Getting Silicon Valley’s billions focused on motiviating the electorate around a particular issue of benefit to such a multinational bloc of monopolists might help motivate voters and guide them to the “right” candidate.  As one of the usual suspects noted:

When the European Commission announced its plans to modernize EU copyright law two years ago, the public barely paid attention. This changed significantly in recent months.

Which was perhaps one of the electoral objects of the astroturf exercise.

Considering that political campaigns in Europe are typically of quite limited duration compared to the US (sometimes as short as 25 days before polling day), coming up with a an issue campaign that a political candidate–especially an incumbent–can leverage to increase their profile has got to be golden–particularly if that campaign may not rise to the level of a restricted political contribution or electioneering has got to be disclosed.

If that issue campaign can draw funding and support from U.S. based multinational corporations like Google and Facebook leveraging their user networks and advertising clout, all the better for a vulnerable candidate.

Because in the end, what every incumbent wants is another term.  The Pirate Party already faces declining relevance and may lose the one seat they have in the European Parliament elections in a few months time.  Especially if the the Pirate Party already struggles to field a winner.  Faced with such an existential threat, who knows what compromises may get made and who knows what in-kind donations may surface.

Undisclosed compromises and in-kind donations.

Hey Alexa, Regift Yourself: Google Overtakes Amazon in Biometric Data Acquisition Tools — Artist Rights Watch

August 20, 2018 Comments off

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According to the Canalys research outfit, Google has taken the lead over Amazon for the first time in the acquisition of biometric identifying data–aka “smart speakers”.  It should come as no surprise that Google is vastly more interested in acquiring “phonemes” by which to identify users and track them through a variety of means.

The “smart speaker” is the latest step in government contractor Google’s long running campaign to track users and build speech-to-text and speech recognition tools.

The program goes back to at least 2007 when Marissa Meyer said of “GOOG-411”:

The speech recognition experts that we have say: If you want us to build a really robust speech model, we need a lot of phonemes, which is a syllable as spoken by a particular voice with a particular intonation. So we need a lot of people talking, saying things so that we can ultimately train off of that.

So who do you think the customers are for speech-to-text and speech recognition tools to whom government contractors like Google and Amazon might be selling your biometric data?  The biometrics harvesting tools allows Big Tech to connect your voice print and maybe your fingerprints to all the other data that they have already harvested about you from other means.  And of course when you add in facial recognition or iris recognition it’s game, set and match.

Think about that when you enable your fingerprint, iris or facial recognition authentication or talk to Alexa or your Google Home Mini.   Or you could just ask the Shoe Gazer at the Internet Association.

“Hey Alexa, re-gift yourself.”

 

Thank You Senator @MarkWarner, but Senator @RonWyden is the Perfect Leader in the Fight Against Behavioral Addiction

August 13, 2018 Comments off

Senator Mark Warner has released (or leaked) a comprehensive plan to combat fake news and foreign manipulation of the American electorate through Silicon Valley.  Unfortunately, however appealing or appalling some of Senator Warner’s proposals are, it’s likely that he may just be expanding the game of whack-a-mole that Silicon Valley loves so much.  We’ve seen the whack-a-mole movie before and we know how it ends.  They won’t help, you spend money to fight them, and if you ever look like you might be winning, they outspend you on lobbying to create a new safe harbor.

Senator Wyden Can Help Solve the Fundamental Problem With Social Media

There is a more fundamental problem with Silicon Valley that the Congress is actually well-suited to address, probably needs no new laws, and if fixed would go a long way to addressing some of Senator Warner’s issues—the problem of addiction and how Silicon Valley profits from creating that behavioral addiction to smartphones, likes, views, retweets and other fakery that turns the science of addiction on its head.

And the really good news is that there is one currently serving U.S. Senator who is the perfect person to take on this issue, one Senator who has shown his chutzpah in the past, and one Senator who above all others is well suited to deal with the problem of behavior addiction for corporate profit—Senator Ron Wyden from Oregon.

It was Senator Wyden who created that classic exchange in 1994 between the heads of the Big Tobacco companies which you’ve probably seen where Senator Wyden got each of them to say that nicotine was not addictive, only to discover that these companies used biological and behavioral research to make their product as addictive as possible (see The Insider, a film about Big Tobacco whistleblower Jeffrey Wigand portrayed by Russell Crowe).  

The tobacco class actions resulted in a $3.4 billion payment over 25 years–in 1997 dollars.  We know how much Big Tech hates real class actions they don’t control, but face it–a comparable settlement today would be chump change for the most valuable companies in commercial history.

This is why Ron Wyden is the perfect Senator to reprise his role of champion of public health by holding Silicon Valley’s feet to the fire.  And let’s face it—there’s lots of material to work with in the business of social media that is founded on fakery, well beyond Senator Warner’s recommendations.

YouTube’s Fakery on Display Again

It’s not surprising that fake YouTube views are again in the news in what is becoming a series of exposes on the fakery in social media.  The latest deep dive into the skullduggery behind fake views is by Michael H. Keller in the New York Times and is recommended reading by Artist Rights Watch.

Everyone in the record business who has been paying attention has seen a version of this story play out many, many times for many, many years.  Remember the radio promotion exec who always seems to get the same adds at that same stations for a few weeks?  And when the plays stop, the exec says “the record is not reacting”?  Fake YouTube views are essentially the same scam—with two exceptions. The scale is vastly bigger at YouTube and no DJ has the motto “don’t be evil.”

Mr. Keller’s post ends with this provocative conclusion:

View-selling sites continue to advertise with apparent impunity. A post on the YouTube Creator Blog warning users against fake views has numerous comments linking to view-selling sites.

“The only way YouTube could eliminate this is if they removed the view counter altogether,” said Mr. Vassilev, the fake-view seller. “But that would defeat the purpose of YouTube.”

That’s an interesting proposition.  Why would removing the view counter defeat the purpose of YouTube?  Aren’t we told that artists can’t reach an audience without YouTube?  So isn’t the purpose of YouTube to reach an audience rather than produce public views information?  Granted, the person making that assertion is a fake view seller and not a YouTube representative, but a YouTube representative would likely never say such a thing even if they knew it to be true.  Why not?

Behavioral Addiction Additives 

One reason might be that the view counter, friend counters, the likes, the retweets, the various measurements that demonstrate the re-enforcement of acceptance by “friends”, are an important component of what makes YouTube addictive, just like tobacco companies added ammonia and other chemicals to tobacco to increase its addictive powers.  And the evidence is starting to come in suggesting that it is that addiction that is the real purpose of YouTube and other social media sites.

One source of that evidence is from Professor Adam Alter of the NYU Stern School of Business whose book Irresistible: The Rise of Addictive Technology and the Business of Keeping Us Hooked describes in shocking detail just how devious sites like YouTube and Facebook are in delivering the dopamine fix to our brains, and worse yet to our children’s brains.  As Professor Alter told the New York Times:

Today, we’re checking our social media constantly, which disrupts work and everyday life. We’ve become obsessed with how many “likes” our Instagram photos are getting instead of where we are walking and whom we are talking to….

We are engineered in such a way that as long as an experience hits the right buttons, our brains will release the neurotransmitter dopamine. We’ll get a flood of dopamine that makes us feel wonderful in the short term, though in the long term you build a tolerance and want more.

And of course those buttons include YouTube subscriber and view counts, Facebook friends and likes and the various other feedback mechanisms that enforce a measurement of popularity.  So far, social media is good business as Spotify billionaire Sean Parker tells us:

“It’s a social-validation feedback loop … exactly the kind of thing that a hacker like myself would come up with, because you’re exploiting a vulnerability in human psychology.” 

“God only knows what it’s doing to our children’s brains,” Parker said.

Of course, as one Silicon Valley entrepreneur who also survived the Dot Bomb Implosion once told me, there’s something really wrong about a world in which Sean Parker is a billionaire.

Do Fake Views Produce Fake News?

Here’s a couple thoughts about the fake view issue.  First, why doesn’t Google refund the sums spent on fake views?  Maybe not to the repeat user PR firms but at least to the individuals who were lured in by the promise of fake views who didn’t know any better?  Or would they prefer to put together one of their pre-packaged fake class actions that funnels money to their favorite shills in cy pres awards?

But going forward, what is so unusual about getting rid of view counters, friend counters, like counters, follower counters, and so on?  Twitter did something similar when they stopped the counter on Twitter linking buttons.  If YouTube is really such a great tool for consumer engagement, do we think fans are going to stop watching videos of the artists they love just because they don’t have a counter telling them what’s popular when there’s a better than 50/50 chance the counter is a fraud to begin with?

Let’s face it—one reason YouTube music videos are popular is because artists and labels drive traffic to YouTube.  That helps the view count as much as anything else.

Also, it’s not like there’s no ranking going on.  Google can rank YouTube videos in search with no problem.  Of course, they’re so good at ranking in the background that they are being fined for it by the European Commission. 

Senator Wyden, Where Art Thou?

While I appreciate Senator Warner’s effort, the real rock star in taking on Silicon Valley could be Senator Ron Wyden.  The addiction issue would be a perfect opportunity for his consumer protection legacy with tobacco addiction to enter the digital age.

And You Know It Makes Me Wonder What’s Going On: @theDavidCrosby’s Streaming Royalties

August 6, 2018 Comments off

David Crosby was in this band called The Byrds which covered “Mr. Tambourine Man” aka Bob Dylan’s first #1 hit as a songwriter.  Then he was in another band called Crosby Stills Nash & Young.  He’s done a lot of other things, too, but I mention those two bands because each of those bands were inducted into the Rock Hall.  That’s right–David Crosby was inducted into the Rock & Roll Hall of Fame twice.  And, one more thing–he is a pre-72 artist for many of his classic recordings and songs.

So here’s his reality.  Oh, and PS Spotify closed at $175.50.

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Guest Post: How Amazon’s Twitch.tv Cheats Music Creators

August 1, 2018 1 comment

Guest post* by Erin M. Jacobson, Esq.

[This article was first posted on Forbes.com and previously on themusicindustrylawyer.com.]

Music creators (songwriters and performing artists) and rights’ owners (music publishers and record labels) are not collecting a new and substantial source of income – and most of them are not aware they are not collecting it. Enter Twitch, the website exploiting creators and owners without paying for a single cent of music usage.

What is Twitch

Twitch, a subsidiary of Amazon, is a live-streaming video platform that has “over two million broadcasters and 15 million daily active users.” Anyone can become a Twitch “broadcaster,” meaning users set up their own channels and live-stream various content, which includes, but is not limited to, video-game play, card games, pranks, craft tutorials and more.

The broadcasts start out as live streams and are saved on the channel for re-broadcasts and on-demand watching. Watching videos and channels on Twitch is free and publicly accessible to anyone with an Internet connection. Anyone can become a Twitch broadcaster for free and earn money directly from viewers. Broadcasters that contract with Twitch to become a partner or affiliate will earn money from Twitch directly, as well as from viewers. All revenue streams are described in the next two sections.

Income Earned by Twitch and Twitch Partners/Affiliates

  1. Ad Revenue: Twitch serves ads on all video content, which includes video-on-demand and pre-rolls, and collects ad revenue from showing these ads.
  2. Subscriptions: Viewers can subscribe to a particular broadcaster’s channel at pricing tiers of $4.99, $9.99, and $24.99, with these charges recurring monthly. These subscriptions allow viewers to support broadcasters and use special emotes (chat icons like emojis) that are accessible only to subscribers of a particular broadcaster’s channel.
  3. Bits: Viewers can contribute “bits” to a broadcaster during a stream. Bits are a digital currency within Twitch bought by users for real money, and contributing these bits to a broadcaster is basically like adding money to that broadcaster’s tip jar.
  4. Amazon Prime: Because Twitch is owned by Amazon, Prime members can use “tokens” from their Prime membership to subscribe to broadcaster channels on Twitch. Tokens renew every month, so a Prime member can re-subscribe to a broadcaster’s channel on a monthly basis using Prime tokens.

Twitch and the broadcaster split all income from subscriptions, bits, and Prime tokens, usually on at least a 50/50 basis.

Income Earned Directly by Broadcasters

  1. Donations: Viewers can contribute money directly to a broadcaster through third party services like StreamLabs, Muxy or StreamElements without buying bits.
  2. Media Share: Viewers can make “media share requests” through StreamLabs  and StreamElements, meaning viewers can request a broadcaster to play a certain song, YouTube video, or other media within a live stream (hereinafter “Media Share(s)”). Prices for Media Shares are set by the broadcaster, and some broadcasters will start their pricing at $5 per request.

A Twitch Broadcaster’s Earnings

Twitch’s most popular broadcaster is 26-year old Tyler Blevins, known on Twitch as “Ninja.” Ninja reportedly earns over $500,000 per month on Twitch revenue alone, not counting his recent sponsorship deals by Red Bull and Uber. A recent Forbes article reported Ninja’s earnings calculation: “160,000 subscribers at a higher $3.50 rate per sub means he’s pulling in $560,000 a month from that revenue stream alone. Not counting Twitch bits. Not counting donations. Not counting 4 million YouTube subscribers.”

Ninja and most other broadcasters also use music in their streams. None of this music is licensed and none of this money is going to the music creators or rights’ owners.

Music Licenses Required

Platforms with user-generated audiovisual content require performance licenses for the compositions from performance rights organizations ASCAP, BMI, SESAC and GMR. Music users must obtain synchronization and master use licenses from the music publishers and record labels, respectively, along with paying negotiated fees to “synchronize” the audio with the visual elements. Also, rights’ owners may share in ad revenue in addition to or in lieu of those fees.

It should also be considered whether a broadcaster who repeatedly uses a particular song as a theme song or channel staple (like when Ninja does a victory dance at every game win to the song, “Pon Pon Pon”, performed by Kyary Pamyu Pamyu) is implying an association with or (false) endorsement by an artist, similar to when political candidates use certain songs in their campaigns.

First, there is no evidence that Twitch has valid performance licenses in place from ASCAP, BMI, SESAC, or GMR (although they may be working on it). Therefore, Twitch is not paying for the repeated performances of music to audiences of millions.

Second, it is not known that any broadcaster using music on Twitch obtains synchronization or master use licenses, or pays any fees for the use of music. Also, neither Twitch nor the broadcasters are sharing ad revenue with rights’ owners.

Third, Twitch does not have its own content ID system like YouTube to track and claim uses of music. Twitch leverages Audible Magic to track audio uses after a live stream is over and will mute infringing content in the on-demand re-broadcasts, but not all content is recognized and removed. Also, there is no system to flag these infringing uses or mute them during a live stream.

All of the money earned by Twitch and its partner/affiliate broadcasters for subscriptions, bits, and Prime membership is retained entirely by Twitch and its partners/affiliates, and money earned from donations and Media Share song requests is kept entirely by the broadcasters. None of these funds are allocated to music creators and rights’ owners whose music is being used in these broadcasts.

Current State of Affairs

On June 22, 2018, the Twitch community received a shock when a group of its most popular broadcasters were banned from Twitch for playing a leaked version of a new song by rapper Juice Wrld that was initiated via Media Share song requests. Interscope Records issued DMCA takedown notices, and per Twitch policy, each infringer was banned for 24-hours.

This incident has shed a light on the use of uncleared music by Twitch broadcasters, but many have either continued with playing uncleared content or will not include certain music in the broadcasts. Ninja has turned off music content so he can then repost videos to YouTube in order to avoid YouTube claims by rights’ owners and keep his YouTube ad revenue. Ninja has publicly stated, “I’ve already reached out about getting rights to music … you can still get screwed over for playing music that doesn’t belong to you. … It’s such a nightmare, that it’s just not worth it.”

Interscope later supposedly stated the DMCA takedowns were an accident and Juice Wrld apologized to the Twitch broadcasters, saying “I will do what I can to prevent it from happening again.”

The National Music Publisher’s Association (NMPA) is rumored to be in negotiations with Twitch for licensing, but has not confirmed or commented as to the details.

Furthermore, Twitch isn’t the only site on the market. There are other, similar sites such as Mixer (owned by Microsoft), Facebook Gaming, YouTube Gaming, and Caffeine. There are also other music-centric sites, like Smule, using music in audiovisual content purportedly without permission or payment. More of these websites, as well as phone apps, with user-generated content, continue to emerge and the rate at which more new platforms are introduced is unlikely to slow due to the prevalence of streaming.

The Real Problems

First, rights’ owners are not enforcing their rights and making sure they receive payment for uses of their content. As stated at the beginning of this article, many creators and rights’ owners do not even know about these infringements. Those rights owners’ that are aware, like Interscope, have allowed the rumors of “accidental” takedowns to be the last word on the subject instead of taking a stand to protect their rights.

Second, Juice Wrld is an example of at least one artist condoning the Twitch broadcasters’ unauthorized use of his work instead of getting paid. Artists and songwriters can and should benefit from these uses, and condoning the infringing behavior allows for more of it, as well as a further loss of income to the creators and rights’ owners.

Third, streamers are often ignorant of how to obtain permission. Noah Downs, a video game lawyer at McDonald, Sutton & DuVal in Richmond, VA observes, “Some broadcasters reach out to artists directly, thinking that if the artist tweets ‘Sure, use my music!’ then it must be okay to use. It does not matter if a broadcaster has that kind of permission from the artist – generally the decision is up to the label.”

Fourth, many streamers feel entitled to play music without permission under the belief they are actually helping artists by giving them exposure. Famous artists and songs do not need free promotion from Twitch broadcasters – they are already famous. While exposure might be helpful for new artists to gain fans, it still doesn’t need to be for free. For example, music service Pretzel Rocks and music company Monstercat have agreements with artists allowing music to be played legally on Twitch broadcasts with compensation being paid to the artists and songwriters.

In an ironic twist, Twitch viewers and broadcasters frequently use and repurpose clips of other Twitch broadcasters’ content without permission. The broadcasters complain about this practice and will submit content claims when their content is used without permission, but they fail to realize that they are doing the same thing to music creators and rights’ owners. Downs agrees, stating, “In many ways, broadcasters and musical artists are the same, and both deserve to be paid fairly.”

The bottom line is that all creators and rights’ owners need to be properly compensated for uses of their work. Rather than ignoring or condoning infringing behavior, creators and rights’ owners need to keep up with new uses of music and take a stand to protect the value of their music and their livelihoods.

It’s time creators stopped feeling entitled to steal from and deprive each other of the fruits of their labor. It’s time people realized that using music without permission or payment not only cheats the creator or performer, but also impacts everyone that works for them or with them. It’s time the culture of all creators shifts to one of respecting one’s own work enough to get paid for it and respecting the work of others enough to get the proper permissions and pay the proper compensation. It’s time that everyone gets serious about valuing music.

*This article does not constitute legal advice.

Erin M. Jacobson is a practicing attorney, experienced deal negotiator, and a seasoned advisor of intellectual property rights who protects musicians, songwriters, music publishers, and other music professionals.   Ms. Jacobson’s clients include Grammy and Emmy Award winners, legacy artists, and independent artists and companies. She handles all types of music industry agreements, with an emphasis on music publishing.

Ms. Jacobson also frequently represents legacy clients and catalogues, as her knowledge of both classic music and current industry practices places her in a unique position to protect and maximize opportunities for older catalogues.  She is a frequent author and speaker, and has been featured in Forbes and Music Connection.  Ms. Jacobson has also been named a Super Lawyers Rising Star and one of the Top Women Attorneys in Southern California.

For more information, visit www.themusicindustrylawyer.com.

 

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.

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