#big new tech

[nachobra]

tinkering around tiwht the new twitter ai bot, testing out its epic roasting feature. i think it's pretty impressive for such an early build

[reasonsforhope]

Article | Paywall Free

"A bid to break up Alphabet Inc.’s Google is one of the options being considered by the Justice Department after a landmark court ruling found that the company monopolized the online search market, according to people with knowledge of the deliberations.

The move would be Washington’s first push to dismantle a company for illegal monopolization since unsuccessful efforts to break up Microsoft Corp. two decades ago. Less severe options include forcing Google to share more data with competitors and measures to prevent it from gaining an unfair advantage in AI products, said the people, who asked not to be identified discussing private conversations.

Regardless, the government will likely seek a ban on the type of exclusive contracts that were at the center of its case against Google. If the Justice Department pushes ahead with a breakup plan, the most likely units for divestment are the Android operating system and Google’s web browser Chrome, said the people. Officials are also looking at trying to force a possible sale of AdWords, the platform the company uses to sell text advertising, one of the people said.

The Justice Department discussions have intensified in the wake of Judge Amit Mehta’s Aug. 5 ruling that Google illegally monopolized the markets of online search and search text ads. Google has said it will appeal that decision, but Mehta has ordered both sides to begin plans for the second phase of the case, which will involve the government’s proposals for restoring competition, including a possible breakup request.

The US plan will need to be accepted by Mehta, who would direct the company to comply. A forced breakup of Google would be the biggest of a US company since AT&T was dismantled in the 1980s."

-via Bloomberg, August 13, 2024

[mostlysignssomeportents]

How to shatter the class solidarity of the ruling class

I'm touring my new, nationally bestselling novel The Bezzle! Catch me WEDNESDAY (Apr 11) at UCLA, then Chicago (Apr 17), Torino (Apr 21) Marin County (Apr 27), Winnipeg (May 2), Calgary (May 3), Vancouver (May 4), and beyond!

Audre Lorde counsels us that "The Master's Tools Will Never Dismantle the Master's House," while MLK said "the law cannot make a man love me, but it can restrain him from lynching me." Somewhere between replacing the system and using the system lies a pragmatic – if easily derailed – course.

Lorde is telling us that a rotten system can't be redeemed by using its own chosen reform mechanisms. King's telling us that unless we live, we can't fight – so anything within the system that makes it easier for your comrades to fight on can hasten the end of the system.

Take the problems of journalism. One old model of journalism funding involved wealthy newspaper families profiting handsomely by selling local appliance store owners the right to reach the townspeople who wanted to read sports-scores. These families expressed their patrician love of their town by peeling off some of those profits to pay reporters to sit through municipal council meetings or even travel overseas and get shot at.

In retrospect, this wasn't ever going to be a stable arrangement. It relied on both the inconstant generosity of newspaper barons and the absence of a superior way to show washing-machine ads to people who might want to buy washing machines. Neither of these were good long-term bets. Not only were newspaper barons easily distracted from their sense of patrician duty (especially when their own power was called into question), but there were lots of better ways to connect buyers and sellers lurking in potentia.

All of this was grossly exacerbated by tech monopolies. Tech barons aren't smarter or more evil than newspaper barons, but they have better tools, and so now they take 51 cents out of every ad dollar and 30 cents out of ever subscriber dollar and they refuse to deliver the news to users who explicitly requested it, unless the news company pays them a bribe to "boost" their posts:

https://www.eff.org/deeplinks/2023/04/saving-news-big-tech

The news is important, and people sign up to make, digest, and discuss the news for many non-economic reasons, which means that the news continues to struggle along, despite all the economic impediments and the vulture capitalists and tech monopolists who fight one another for which one will get to take the biggest bite out of the press. We've got outstanding nonprofit news outlets like Propublica, journalist-owned outlets like 404 Media, and crowdfunded reporters like Molly White (and winner-take-all outlets like the New York Times).

But as Hamilton Nolan points out, "that pot of money…is only large enough to produce a small fraction of the journalism that was being produced in past generations":

https://www.hamiltonnolan.com/p/what-will-replace-advertising-revenue

For Nolan, "public funding of journalism is the only way to fix this…If we accept that journalism is not just a business or a form of entertainment but a public good, then funding it with public money makes perfect sense":

https://www.hamiltonnolan.com/p/public-funding-of-journalism-is-the

Having grown up in Canada – under the CBC – and then lived for a quarter of my life in the UK – under the BBC – I am very enthusiastic about Nolan's solution. There are obvious problems with publicly funded journalism, like the politicization of news coverage:

https://www.theguardian.com/media/2023/jan/24/panel-approving-richard-sharp-as-bbc-chair-included-tory-party-donor

And the transformation of the funding into a cheap political football:

https://www.cbc.ca/news/politics/poilievre-defund-cbc-change-law-1.6810434

But the worst version of those problems is still better than the best version of the private-equity-funded model of news production.

But Nolan notes the emergence of a new form of hedge fund news, one that is awfully promising, and also terribly fraught: Hunterbrook Media, an investigative news outlet owned by short-sellers who pay journalists to research and publish damning reports on companies they hold a short position on:

https://hntrbrk.com/

For those of you who are blissfully distant from the machinations of the financial markets, "short selling" is a wager that a company's stock price will go down. A gambler who takes a short position on a company's stock can make a lot of money if the company stumbles or fails altogether (but if the company does well, the short can suffer literally unlimited losses).

Shorts have historically paid analysts to dig into companies and uncover the sins hidden on their balance-sheets, but as Matt Levine points out, journalists work for a fraction of the price of analysts and are at least as good at uncovering dirt as MBAs are:

https://www.bloomberg.com/opinion/articles/2024-04-02/a-hedge-fund-that-s-also-a-newspaper

What's more, shorts who discover dirt on a company still need to convince journalists to publicize their findings and trigger the sell-off that makes their short position pay off. Shorts who own a muckraking journalistic operation can skip this step: they are the journalists.

There's a way in which this is sheer genius. Well-funded shorts who don't care about the news per se can still be motivated into funding freely available, high-quality investigative journalism about corporate malfeasance (notoriously, one of the least attractive forms of journalism for advertisers). They can pay journalists top dollar – even bid against each other for the most talented journalists – and supply them with all the tools they need to ply their trade. A short won't ever try the kind of bullshit the owners of Vice pulled, paying themselves millions while their journalists lose access to Lexisnexis or the PACER database:

https://pluralistic.net/2024/02/24/anti-posse/#when-you-absolutely-positively-dont-give-a-solitary-single-fuck

The shorts whose journalists are best equipped stand to make the most money. What's not to like?

Well, the issue here is whether the ruling class's sense of solidarity is stronger than its greed. The wealthy have historically oscillated between real solidarity (think of the ultrawealthy lobbying to support bipartisan votes for tax cuts and bailouts) and "war of all against all" (as when wealthy colonizers dragged their countries into WWI after the supply of countries to steal ran out).

After all, the reason companies engage in the scams that shorts reveal is that they are profitable. "Behind every great fortune is a great crime," and that's just great. You don't win the game when you get into heaven, you win it when you get into the Forbes Rich List.

Take monopolies: investors like the upside of backing an upstart company that gobbles up some staid industry's margins – Amazon vs publishing, say, or Uber vs taxis. But while there's a lot of upside in that move, there's also a lot of risk: most companies that set out to "disrupt" an industry sink, taking their investors' capital down with them.

Contrast that with monopolies: backing a company that merges with its rivals and buys every small company that might someday grow large is a sure thing. Shriven of "wasteful competition," a company can lower quality, raise prices, capture its regulators, screw its workers and suppliers and laugh all the way to Davos. A big enough company can ignore the complaints of those workers, customers and regulators. They're not just too big to fail. They're not just too big to jail. They're too big to care:

https://pluralistic.net/2024/04/04/teach-me-how-to-shruggie/#kagi

Would-be monopolists are stuck in a high-stakes Prisoner's Dilemma. If they cooperate, they can screw over everyone else and get unimaginably rich. But if one party defects, they can raid the monopolist's margins, short its stock, and snitch to its regulators.

It's true that there's a clear incentive for hedge-fund managers to fund investigative journalism into other hedge-fund managers' portfolio companies. But it would be even more profitable for both of those hedgies to join forces and collude to screw the rest of us over. So long as they mistrust each other, we might see some benefit from that adversarial relationship. But the point of the 0.1% is that there aren't very many of them. The Aspen Institute can rent a hall that will hold an appreciable fraction of that crowd. They buy their private jets and bespoke suits and powdered rhino horn from the same exclusive sellers. Their kids go to the same elite schools. They know each other, and they have every opportunity to get drunk together at a charity ball or a society wedding and cook up a plan to join forces.

This is the problem at the core of "mechanism design" grounded in "rational self-interest." If you try to create a system where people do the right thing because they're selfish assholes, you normalize being a selfish asshole. Eventually, the selfish assholes form a cozy little League of Selfish Assholes and turn on the rest of us.

Appeals to morality don't work on unethical people, but appeals to immorality crowds out ethics. Take the ancient split between "free software" (software that is designed to maximize the freedom of the people who use it) and "open source software" (identical to free software, but promoted as a better way to make robust code through transparency and peer review).

Over the years, open source – an appeal to your own selfish need for better code – triumphed over free software, and its appeal to the ethics of a world of "software freedom." But it turns out that while the difference between "open" and "free" was once mere semantics, it's fully possible to decouple the two. Today, we have lots of "open source": you can see the code that Google, Microsoft, Apple and Facebook uses, and even contribute your labor to it for free. But you can't actually decide how the software you write works, because it all takes a loop through Google, Microsoft, Apple or Facebook's servers, and only those trillion-dollar tech monopolists have the software freedom to determine how those servers work:

https://pluralistic.net/2020/05/04/which-side-are-you-on/#tivoization-and-beyond

That's ruling class solidarity. The Big Tech firms have hidden a myriad of sins beneath their bafflegab and balance-sheets. These (as yet) undiscovered scams constitute a "bezzle," which JK Galbraith defined as "the magic interval when a confidence trickster knows he has the money he has appropriated but the victim does not yet understand that he has lost it."

The purpose of Hunterbrook is to discover and destroy bezzles, hastening the moment of realization that the wealth we all feel in a world of seemingly orderly technology is really an illusion. Hunterbrook certainly has its pick of bezzles to choose from, because we are living in a Golden Age of the Bezzle.

Which is why I titled my new novel The Bezzle. It's a tale of high-tech finance scams, starring my two-fisted forensic accountant Marty Hench, and in this volume, Hench is called upon to unwind a predatory prison-tech scam that victimizes the most vulnerable people in America – our army of prisoners – and their families:

https://us.macmillan.com/books/9781250865878/thebezzle

The scheme I fictionalize in The Bezzle is very real. Prison-tech monopolists like Securus and Viapath bribe prison officials to abolish calls, in-person visits, mail and parcels, then they supply prisoners with "free" tablets where they pay hugely inflated rates to receive mail, speak to their families, and access ebooks, distance education and other electronic media:

https://pluralistic.net/2024/04/02/captive-customers/#guillotine-watch

But a group of activists have cornered these high-tech predators, run them to ground and driven them to the brink of extinction, and they've done it using "the master's tools" – with appeals to regulators and the finance sector itself.

Writing for The Appeal, Dana Floberg and Morgan Duckett describe the campaign they waged with Worth Rises to bankrupt the prison-tech sector:

https://theappeal.org/securus-bankruptcy-prison-telecom-industry/

Here's the headline figure: Securus is $1.8 billion in debt, and it has eight months to find a financier or it will go bust. What's more, all the creditors it might reasonably approach have rejected its overtures, and its bonds have been downrated to junk status. It's a dead duck.

Even better is how this happened. Securus's debt problems started with its acquisition, a leveraged buyout by Platinum Equity, who borrowed heavily against the firm and then looted it with bogus "management fees" that meant that the debt continued to grow, despite Securus's $700m in annual revenue from America's prisoners. Platinum was just the last in a long line of PE companies that loaded up Securus with debt and merged it with its competitors, who were also mortgaged to make profits for other private equity funds.

For years, Securus and Platinum were able to service their debt and roll it over when it came due. But after Worth Rises got NYC to pass a law making jail calls free, creditors started to back away from Securus. It's one thing for Securus to charge $18 for a local call from a prison when it's splitting the money with the city jail system. But when that $18 needs to be paid by the city, they're going to demand much lower prices. To make things worse for Securus, prison reformers got similar laws passed in San Francisco and in Connecticut.

Securus tried to outrun its problems by gobbling up one of its major rivals, Icsolutions, but Worth Rises and its coalition convinced regulators at the FCC to block the merger. Securus abandoned the deal:

https://worthrises.org/blogpost/securusmerger

Then, Worth Rises targeted Platinum Equity, going after the pension funds and other investors whose capital Platinum used to keep Securus going. The massive negative press campaign led to eight-figure disinvestments:

https://www.latimes.com/business/story/2019-09-05/la-fi-tom-gores-securus-prison-phone-mass-incarceration

Now, Securus's debt became "distressed," trading at $0.47 on the dollar. A brief, covid-fueled reprieve gave Securus a temporary lifeline, as prisoners' families were barred from in-person visits and had to pay Securus's rates to talk to their incarcerated loved ones. But after lockdown, Securus's troubles picked up right where they left off.

They targeted Platinum's founder, Tom Gores, who papered over his bloody fortune by styling himself as a philanthropist and sports-team owner. After a campaign by Worth Rises and Color of Change, Gores was kicked off the Los Angeles County Museum of Art board. When Gores tried to flip Securus to a SPAC – the same scam Trump pulled with Truth Social – the negative publicity about Securus's unsound morals and financials killed the deal:

https://twitter.com/WorthRises/status/1578034977828384769

Meanwhile, more states and cities are making prisoners' communications free, further worsening Securus's finances:

https://pluralistic.net/2024/02/14/minnesota-nice/#shitty-technology-adoption-curve

Congress passed the Martha Wright-Reed Just and Reasonable Communications Act, giving the FCC the power to regulate the price of federal prisoners' communications. Securus's debt prices tumbled further:

https://www.govtrack.us/congress/bills/117/s1541

Securus's debts were coming due: it owes $1.3b in 2024, and hundreds of millions more in 2025. Platinum has promised a $400m cash infusion, but that didn't sway S&P Global, a bond-rating agency that re-rated Securus's bonds as "CCC" (compare with "AAA"). Moody's concurred. Now, Securus is stuck selling junk-bonds:

https://www.govtrack.us/congress/bills/117/s1541

The company's creditors have given Securus an eight-month runway to find a new lender before they force it into bankruptcy. The company's debt is trading at $0.08 on the dollar.

Securus's major competitor is Viapath (prison tech is a duopoly). Viapath is also debt-burdened and desperate, thanks to a parallel campaign by Worth Rises, and has tried all of Securus's tricks, and failed:

https://pestakeholder.org/news/american-securities-fails-to-sell-prison-telecom-company-viapath/

Viapath's debts are due next year, and if Securus tanks, no one in their right mind will give Viapath a dime. They're the walking dead.

Worth Rise's brilliant guerrilla warfare against prison-tech and its private equity backers are a master class in using the master's tools to dismantle the master's house. The finance sector isn't a friend of justice or working people, but sometimes it can be used tactically against financialization itself. To paraphrase MLK, "finance can't make a corporation love you, but it can stop a corporation from destroying you."

Yes, the ruling class finds solidarity at the most unexpected moments, and yes, it's easy for appeals to greed to institutionalize greediness. But whether it's funding unbezzling journalism through short selling, or freeing prisons by brandishing their cooked balance-sheets in the faces of bond-rating agencies, there's a lot of good we can do on the way to dismantling the system.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/04/08/money-talks/#bullshit-walks

Image: KMJ (modified) https://commons.wikimedia.org/wiki/File:Boerse_01_KMJ.jpg

CC BY-SA 3.0 https://creativecommons.org/licenses/by-sa/3.0/deed.en

[destiel-news-network]

(Apple source, Google source)

Note: technically the Apple "fine" is an order to pay back taxes.

[tiana-martinez]

Makin waves 🌊

[univac1219]

Does your 1219 have a nickname?

Also, I was wondering if you have any fun stories surrounding it! Strange quirks it has or anything like that.

I'd love to see more photos if you're allowed to post them!

Thanks for the question! These are my favorite part about my blog by far.

Not exactly, the UNIVAC 1219 doesn’t have a nickname. I did realize recently that I should specify the pronunciation (Twelve-Nineteen), but it doesn’t have any nicknames. Apart from ‘the 1219’, it’s also regularly referred to as the CPU or just ‘the computer’.

Fun stories or weird quirks? Boy, I could fill a book with this machine’s weird quirks (or as we say, intermittent issues), but I’ll try to blitz through the most common ones:

Sometimes the computer will stop running and enter a WAIT mode. No reason, it just needs a break. We can’t fix it, it just has to decide to go back into operating mode.

The computer will often start attempting to communicate on IO channel 13. We’re not telling it to talk to anything, it just decides to try to.

One of our teletypes (the Kleinshmidt) stamps ink splotches into the paper rather than characters most of the time. However, this weekend it worked for the first time in 10 months! We didn’t change anything, it just had an extra cup of coffee or something.

The Digital Data Recorder, or the tape drive, has the most gremlins out of any of our units. The top handler works fairly well, but the bottom handler won’t properly read data, write data, move the tape forward, initialize the tape, or any number of other issues.

There’s more but hopefully this satisfies your curiosity.

Fun stories? Well, I can’t name any specific ones, but I can say it’s a very endearing machine. It’s the very last of its kind and being one of three individuals in the world responsible for it makes every issue that more frustrating. There is no real forum for it, the subject matter experts sit next to me and are often just as exasperated as I am.

But the unique nature of this situation make every successful diagnostic test that much sweeter. Every new addition (5.25” floppy drive via serial) that much cooler. I have an IBM PC-XT clone at home, but I thank my lucky stars every day that this big iron is what I get to specialize in.

As for more photos, I have none that are as grandiose as you would probably expect. I do have my working photos though. I took all my photos when I first started working on it and now I am more dedicated to fixes than photo-ops.

This is a photo of our finicky Kleinshmidt teletype. Still has blotches but it actually printed!

This is the back of the bottom handler. Pictured is the vacuum pump in the bottom left (so sudden stops just yank magnetic tape slack rather than ripping tape). The big cylinder in the center is a motor for running the magnetic tape handler itself. The big black ‘hose’ of wires coming out of the steel plate contains all the cables that come right off the handler’s head for reading and writing data!

This is the forward pinch roller of the bottom handler. It was replaced after this photo was taken as you can see the rubber has deteriorated in the 55 years this machine has been operating.

As for being allowed to post photos, that’s not an issue. The last 1219 was decommissioned in 2014 and now you can find all of its documentation online at http://www.bitsavers.org/pdf/univac/military/1219/

[relaxedstyles]

[volcanicsleep]

rottmnt/gotham dream drawings as promised lmao

[archivewriter1ont]

[listen-to-the-inner-walrus]

If I could be arsed to learn how to edit videos and had some kind of mic, I would 110% make a two part video essay series on the politics of Jurassic World because MY GOD, there's so much to dissect.

The first part would be about how the park is the epitome of neoliberal futurism for techbros, including the way the park so easily falls apart though I doubt that aspect is purposeful. Everything is aesthetic first and function second, and we can't possibly use any of the reliable infrastructure we've already come up with because a train is not gonna get us to Mars, but a monorail might.

And the second would be about the buckwild terrible gender politics going on. The movie is deeply unsympathetic to Claire seemingly because she's a woman who prioritised her career as it's both centre to her character arc and also an inciting event of one of the plots. Not to mention the whole Zara thing or the Owen and Claire thing or the stupid "him, I meant him, line. The movie is rife with misogyny, but it feels like that specific misogyny was isekaied over from backlash to second wave feminism.

I could talk about it all for so long because in a way, it feels like a perfect time capsule for 2015. Back when people took Claire running in heels to be this feminist statement to be made fun of and not just a deeply misogynistic movie trying to sell you feminism. And back when Elon Musk managed to get away with his "I'm the real life Iron Man" shit, and people believed he was smart and all his plans would come to fruition. 2015 was a great time to be a tech bro in Silicon Valley with people just throwing money at all your fake promises.

Yeah. See. This is what I mean when I say I could talk about it forever.

[ganondoodle]

the more time goes on the more negative i feel about totk, its got lots of reasons but aside from me thinking about what else they could have easily done instead of what we got its more and more bc its so put on a pedestal like its the best zelda ever and also its affecting botw in retrospect, not just by the lore, but the fact that people have been saying even shortly after totks release that theres 'no point playing botw' anymore, and will see botw as nothing but totks "bad" prototype is just SO infuriating to me

you know when you initially feel neutral (or ignorable dislike) about a character but then the fandom for some reason gets so insanely obsessed with them that you just start disliking them more and more over time ... yeah

[disease]

a relatively concise explanation for any of those confused about decentralized social platforms. [ie: Mastodon, diaspora*, Friendica, Pixelfed, PeerTube, Lemmy, Bluesky, etc.]

[reasonsforhope]

"The California state government has passed a landmark law that obligates technology companies to provide parts and manuals for repairing smartphones for seven years after their market release.

Senate Bill 244 passed 65-0 in the Assembly, and 38-0 in the Senate, and made California, the seat of so much of American technological hardware and software, the third state in the union to pass this so-called “right to repair” legislation.

On a more granular level, the bill guarantees consumers’ rights to replacement parts for three years’ time in the case of devices costing between $50 and $99, and seven years in the case of devices costing more than $100, with the bill retroactively affecting devices made and sold in 2021.

Similar laws have been passed in Minnesota and New York, but none with such a long-term period as California.

“Accessible, affordable, widely available repair benefits everyone,” said Kyle Wiens, the CEO of advocacy group iFixit, in a statement. “We’re especially thrilled to see this bill pass in the state where iFixit is headquartered, which also happens to be Big Tech’s backyard. Since Right to Repair can pass here, expect it to be on its way to a backyard near you.” ...

One of the reasons Wiens is cheering this on is because large manufacturers, from John Deere to Apple, have previously lobbied heavily against right-to-repair legislation for two reasons. One, it allows them to corner the repair and maintenance markets, and two, it [allegedly] protects their intellectual property and trade secrets from knock-offs or competition.

However, a byproduct of the difficulty of repairing modern electronics is that most people just throw them away.

...Wien added in the statement that he believes the California bill is a watershed that will cause a landslide of this legislation to come in the near future."

-via Good News Network, October 16, 2023

[mostlysignssomeportents]

UK publishers suing Google for $17.4b over rigged ad markets

THIS WEEKEND (June 7–9), I'm in AMHERST, NEW YORK to keynote the 25th Annual Media Ecology Association Convention and accept the Neil Postman Award for Career Achievement in Public Intellectual Activity.

Look, no one wants to kick Big Tech to the curb more than I do, but, also: it's good that Google indexes the news so people can find it, and it's good that Facebook provides forums where people can talk about the news.

It's not news if you can't find it. It's not news if you can't talk about it. We don't call information you can't find or discuss "news" – we call it "secrets."

And yet, the most popular – and widely deployed – anti-Big Tech tactic promulgated by the news industry and supported by many of my fellow trustbusters is premised on making Big Tech pay to index the news and/or provide a forum to discuss news articles. These "news bargaining codes" (or, less charitably, "link taxes") have been mooted or introduced in the EU, France, Spain, Australia, and Canada. There are proposals to introduce these in the US (through the JCPA) and in California (the CJPA).

These US bills are probably dead on arrival, for reasons that can be easily understood by the Canadian experience with them. After Canada introduced Bill C-18 – its own news bargaining code – Meta did exactly what it had done in many other places where this had been tried: blocked all news from Facebook, Instagram, Threads, and other Meta properties.

This has been a disaster for the news industry and a disaster for Canadians' ability to discuss the news. Oh, it makes Meta look like assholes, too, but Meta is the poster child for "too big to care" and is palpably indifferent to the PR costs of this boycott.

Frustrated lawmakers are now trying to figure out what to do next. The most common proposal is to order Meta to carry the news. Canadians should be worried about this, because the next government will almost certainly be helmed by the far-right conspiratorialist culture warrior Pierre Poilievre, who will doubtless use this power to order Facebook to platform "news sites" to give prominence to Canada's rotten bushel of crypto-fascist (and openly fascist) "news" sites.

Americans should worry about this too. A Donald Trump 2028 presidency combined with a must-carry rule for news would see Trump's cabinet appointees deciding what is (and is not) news, and ordering large social media platforms to cram the Daily Caller (or, you know, the Daily Stormer) into our eyeballs.

But there's another, more fundamental reason that must-carry is incompatible with the American system: the First Amendment. The government simply can't issue a blanket legal order to platforms requiring them to carry certain speech. They can strongly encourage it. A court can order limited compelled speech (say, a retraction following a finding of libel). Under emergency conditions, the government might be able to compel the transmission of urgent messages. But there's just no way the First Amendment can be squared with a blanket, ongoing order issued by the government to communications platforms requiring them to reproduce, and make available, everything published by some collection of their favorite news outlets.

This might also be illegal in Canada, but it's harder to be definitive. The Canadian Charter of Rights and Freedoms was enshrined in 1982, and Canada's Supreme Court is still figuring out what it means. Section Two of the Charter enshrines a free expression right, but it's worded in less absolute terms than the First Amendment, and that's deliberate. During the debate over the wording of the Charter, Canadian scholars and policymakers specifically invoked problems with First Amendment absolutism and tried to chart a middle course between strong protections for free expression and problems with the First Amendment's brook-no-exceptions language.

So maybe Canada's Supreme Court would find a must-carry order to Meta to be a violation of the Charter, but it's hard to say for sure. The Charter is both young and ambiguous, so it's harder to be definitive about what it would say about this hypothetical. But when it comes to the US and the First Amendment, that's categorically untrue. The US Constitution is centuries older than the Canadian Charter, and the First Amendment is extremely definitive, and there are reams of precedent interpreting it. The JPCA and CJPA are totally incompatible with the US Constitution. Passing them isn't as silly as passing a law declaring that Pi equals three or that water isn't wet, but it's in the neighborhood.

But all that isn't to say that the news industry shouldn't be attacking Big Tech. Far from it. Big Tech compulsively steals from the news!

But what Big Tech steals from the news isn't content.

It's money.

Big Tech steals money from the news. Take social media: when a news outlet invests in building a subscriber base on a social media platform, they're giving that platform a stick to beat them with. The more subscribers you have on social media, the more you'll be willing to pay to reach those subscribers, and the more incentive there is for the platform to suppress the reach of your articles unless you pay to "boost" your content.

This is plainly fraudulent. When I sign up to follow a news outlet on a social media site, I'm telling the platform to show me the things the news outlet publishes. When the platform uses that subscription as the basis for a blackmail plot, holding my desire to read the news to ransom, they are breaking their implied promise to me to show me the things I asked to see:

https://www.eff.org/deeplinks/2023/06/save-news-we-need-end-end-web

This is stealing money from the news. It's the definition of an "unfair method of competition." Article 5 of the Federal Trade Commission Act gives the FTC the power to step in and ban this practice, and they should:

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

Big Tech also steals money from the news via the App Tax: the 30% rake that the mobile OS duopoly (Apple/Google) requires for every in-app purchase (Apple/Google also have policies that punish app vendors who take you to the web to make payments without paying the App Tax). 30% out of every subscriber dollar sent via an app is highway robbery! By contrast, the hyperconcentrated, price-gouging payment processing cartel charges 2-5% – about a tenth of the Big Tech tax. This is Big Tech stealing money from the news:

https://www.eff.org/deeplinks/2023/06/save-news-we-must-open-app-stores

Finally, Big Tech steals money by monopolizing the ad market. The Google-Meta ad duopoly takes 51% out of every ad-dollar spent. The historic share going to advertising "intermediaries" is 10-15%. In other words, Google/Meta cornered the market on ads and then tripled the bite they were taking out of publishers' advertising revenue. They even have an illegal, collusive arrangement to rig this market, codenamed "Jedi Blue":

https://en.wikipedia.org/wiki/Jedi_Blue

There's two ways to unrig the ad market, and we should do both of them.

First, we should trustbust both Google and Meta and force them to sell off parts of their advertising businesses. Currently, both Google and Meta operate a "full stack" of ad services. They have an arm that represents advertisers buying space for ads. Another arm represents publishers selling space to advertisers. A third arm operates the marketplace where these sales take place. All three arms collect fees. On top of that: Google/Meta are both publishers and advertisers, competing with their own customers!

This is as if you were in court for a divorce and you discovered that the same lawyer representing your soon-to-be ex was also representing you…while serving as the judge…and trying to match with you both on Tinder. It shouldn't surprise you if at the end of that divorce, the court ruled that the family home should go to the lawyer.

So yeah, we should break up ad-tech:

https://www.eff.org/deeplinks/2023/05/save-news-we-must-shatter-ad-tech

Also: we should ban surveillance advertising. Surveillance advertising gives ad-tech companies a permanent advantage over publishers. Ad-tech will always know more about readers' behavior than publishers do, because Big Tech engages in continuous, highly invasive surveillance of every internet user in the world. Surveillance ads perform a little better than "content-based ads" (ads sold based on the content of a web-page, not the behavior of the person looking at the page), but publishers will always know more about their content than ad-tech does. That means that even if content-based ads command a slightly lower price than surveillance ads, a much larger share of that payment will go to publishers:

https://www.eff.org/deeplinks/2023/05/save-news-we-must-ban-surveillance-advertising

Banning surveillance advertising isn't just good business, it's good politics. The potential coalition for banning surveillance ads is everyone who is harmed by commercial surveillance. That's a coalition that's orders of magnitude larger than the pool of people who merely care about fairness in the ad/news industries. It's everyone who's worried about their grandparents being brainwashed on Facebook, or their teens becoming anorexic because of Instagram. It includes people angry about deepfake porn, and people angry about Black Lives Matter protesters' identities being handed to the cops by Google (see also: Jan 6 insurrectionists).

It also includes everyone who discovers that they're paying higher prices because a vendor is using surveillance data to determine how much they'll pay – like when McDonald's raises the price of your "meal deal" on your payday, based on the assumption that you will spend more when your bank account is at its highest monthly level:

https://pluralistic.net/2024/06/05/your-price-named/#privacy-first-again

Attacking Big Tech for stealing money is much smarter than pretending that the problem is Big Tech stealing content. We want Big Tech to make the news easy to find and discuss. We just want them to stop pocketing 30 cents out of every subscriber dollar and 51 cents out of ever ad dollar, and ransoming subscribers' social media subscriptions to extort publishers.

And there's amazing news on this front: a consortium of UK web-publishers called Ad Tech Collective Action has just triumphed in a high-stakes proceeding, and can now go ahead with a suit against Google, seeking damages of GBP13.6b ($17.4b) for the rigged ad-tech market:

https://www.reuters.com/technology/17-bln-uk-adtech-lawsuit-against-google-can-go-ahead-tribunal-rules-2024-06-05/

The ruling, from the Competition Appeal Tribunal, paves the way for a frontal assault on the thing Big Tech actually steals from publishers: money, not content.

This is exactly what publishing should be doing. Targeting the method by which tech steals from the news is a benefit to all kinds of news organizations, including the independent, journalist-owned publishers that are doing the best news work today. These independents do not have the same interests as corporate news, which is dominated by hedge funds and private equity raiders, who have spent decades buying up and hollowing out news outlets, and blaming the resulting decline in readership and profits on Craiglist.

You can read more about Big Finance's raid on the news in Margot Susca's Hedged: How Private Investment Funds Helped Destroy American Newspapers and Undermine Democracy:

https://www.press.uillinois.edu/books/?id=p087561

You can also watch/listen to Adam Conover's excellent interview with Susca:

https://www.youtube.com/watch?v=N21YfWy0-bA

Frankly, the looters and billionaires who bought and gutted our great papers are no more interested in the health of the news industry or democracy than Big Tech is. We should care about the news and the workers who produce the news, not the profits of the hedge-funds that own the news. An assault on Big Tech's monetary theft levels the playing field, making it easier for news workers and indies to compete directly with financialized news outlets and billionaire playthings, by letting indies keep more of every ad-dollar and more of every subscriber-dollar – and to reach their subscribers without paying ransom to social media.

Ending monetary theft – rather than licensing news search and discussion – is something that workers are far more interested in than their bosses. Any time you see workers and their bosses on the same side as a fight against Big Tech, you should look more closely. Bosses are not on their workers' side. If bosses get more money out of Big Tech, they will not share those gains with workers unless someone forces them to.

That's where antitrust comes in. Antitrust is designed to strike at power, and enforcers have broad authority to blunt the power of corporate juggernauts. Remember Article 5 of the FTC Act, the one that lets the FTC block "unfair methods of competition?" FTC Chair Lina Khan has proposed using it to regulate training AI, specifically to craft rules that address the labor and privacy issues with AI:

https://www.youtube.com/watch?v=3mh8Z5pcJpg

This is an approach that can put creative workers where they belong, in a coalition with other workers, rather than with their bosses. The copyright approach to curbing AI training is beloved of the same media companies that are eagerly screwing their workers. If we manage to make copyright – a transferrable right that a worker can be forced to turn over their employer – into the system that regulates AI training, it won't stop training. It'll just trigger every entertainment company changing their boilerplate contract so that creative workers have to sign over their AI rights or be shown the door:

https://pluralistic.net/2024/05/13/spooky-action-at-a-close-up/#invisible-hand

Then those same entertainment and news companies will train AI models and try to fire most of their workers and slash the pay of the remainder using those models' output. Using copyright to regulate AI training makes changes to who gets to benefit from workers' misery, shifting some of our stolen wages from AI companies to entertainment companies. But it won't stop them from ruining our lives.

By contrast, focusing on actual labor rights – say, through an FTCA 5 rulemaking – has the potential to protect those rights from all parties, and puts us on the same side as call-center workers, train drivers, radiologists and anyone else whose wages are being targeted by AI companies and their customers.

Policy fights are a recurring monkey's paw nightmare in which we try to do something to fight corruption and bullying, only to be outmaneuvered by corrupt bullies. Making good policy is no guarantee of a good outcome, but it sure helps – and good policy starts with targeting the thing you want to fix. If we're worried that news is being financially starved by Big Tech, then we should go after the money, not the links.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/06/06/stealing-money-not-content/#content-free

[beescake]

on a casual note i don't see why anybody on tumblr would want their posts getting sucked into the ai stream

so please tick 'prevent third-party sharing' for each of your blogs, and remind each other to do so as well

[chaos-bringer-13]

My brain just hit an old hyperfixation (is this what it's called? I hope I used the word right) and oh dear am I losing my mind now. I need to write a story I think. About this one old guy. He's unhinged. There's so much information about him and yet not enough. I want to explore his character so much. He's definitely a criminal - at least he was one - and I'm 95% sure he can do actual real magic, and he's a musician and an artist and an actor and a magician and a philosopher and a traveler and a conman and so much more and also I think he's some kind of immortal. Maybe he just has a VERY long life. It's strongly implied he was a pirate at some point of his life. He started a cult by accident several times. My conspiracy theories about him include him being a secret god.

He's also a freaking round blue raven. Someone save me from my mind.