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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.

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.

@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?

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