Quotulatiousness

August 24, 2023

“Facebook has made a calculated business decision about the value of its fucks. These fucks are expensive. So they won’t give any.”

Filed under: Cancon, Media, Politics, Technology — Tags: , , , , , , — Nicholas @ 05:00

In The Line, Jen Gerson fought the good fight as long as she could, but finally had to load up the old shotgun and share both barrels with the participants in the ongoing clusterfarce over the Online News Act (the artist formerly known as Bill C-18):

Look, I’ve largely said my piece on the Online News Act: it’s poorly conceived legislation that risked terrible outcomes. It’s pointless, now, with those terrible outcomes unfolding, to say “I told you so”.

But the response to the news that Meta has decided to continue blocking news — even in the face of devastating wildfires in B.C. and the Northwest Territories — has been such disingenuous dumbfuckery from every corner that I have failed to bestill my cursed fingertips.

Let’s start with this quote from Prime Minister Justin Trudeau, who at a recent press conference, said: “Right now in an emergency situation where up-to-date local information is more important than ever, Facebook’s putting corporate profits ahead of people’s safety, ahead of supporting quality local journalism … This is not the time for that”.

Wait, a major global corporation that has been labelled as actually literally evil by both progressives and conservatives in recent years is putting its own profits and self-interest ahead of the priorities and values of politicians and pundits?

Sir, surely thou art in jest.

Is this government only now figuring out that major global corporations exist to extract profits; that whatever social corporate responsibility roles they may choose to enact, they aren’t a public service? Is Trudeau shocked — shocked, I say! — to just this very moment discover that Meta isn’t actually some combination of the Red Cross and Reuters?

I mean … welcome to the adult world, I guess, and please leave your copy of Adbusters near the coat check at the door.

But if Meta is as evil as all that, why did so few politicos or pundits anticipate that the company would follow through on its explicit threat to block news if C-18 were passed? This is like watching an Allied general who says: “I think these Nazi fellows are the baddies!” and then gets flustered when the guys with skulls on their caps pull out their guns and start shooting in the midst of afternoon trench tea. “Well, I never. That’s hardly sporting!” This is some Black Adder comedy, friends, and we may be on the side of the angels, but our angels also happen to be a little slow in the head.

Oh, but surely Meta wouldn’t block news to put their own self interest “ahead of people’s safety”, hmmmm?

With advance apologies, but is our antipathy toward Meta so intense that we’re going to straight-face pretend that AM radio, FM radio, emergency text alerts and broadcasts, municipal and provincial emergency websites, formal and informal social media networks and chat groups, and local news broadcasts with websites that can be accessed directly through web browsers all just ceased to exist, simultaneously, the very moment that CBC stopped being able to post news links to Instagram?

If Facebook is actually putting lives in danger, that’s an admission of impotence and incompetence from our entire communications infrastructure, including government, private and public media. It is an incredible and embarrassing self-own.

August 22, 2023

With Bill C-18 about to come into effect, there is zero sense for the “tech giants” to start negotiating

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , , — Nicholas @ 05:00

Michael Geist explains why there are no incentives for Google and Meta to begin any kind of negotiations with the Canadian government over the ruthlessly self-destructive Online News Act:

The rhetoric around Bill C-18 has escalated in recent days in light of the awful wildfires in NWT and British Columbia. In my view, the issues associated with these tragic events have little to do with Meta blocking news links and the attempt to bring it into the conversation is a transparent attempt to score political points (the connectivity issues with some NWT communities completely taken offline for days is somehow never mentioned). The reality is that Meta was asked about just this scenario at committee and it made it clear that it would not block any non-news outlet links. That is precisely what has been happening and the government’s legislative choices should be the starting point for understanding why compliance with the law involves blocking a very broad range of news links that extend beyond even those sources that are defined as “eligible news outlets”.

The government and supporters of Bill C-18 talking points now emphasize two things in relation to Meta blocking news links: the law has yet to take effect and there is room to address their concerns in the regulation-making process. Both of these claims are incredibly deceptive, relying on the assumption that most won’t bother to read the actual legislation. If they did, they would see that (1) the law has received royal assent and can take effect anytime and (2) the regulation making process addresses only a small subset of Bill C-18 issues with most of the core issues finalized. In other words, the time to shape the law and address many of the key concerns was before the government repeatedly cut off debate in order to ensure it that received royal assent before the summer break.

Start with when the law takes effect. As noted above, the law has been passed and received royal assent. It is the law of the land and there is no scope for changes or amendments without a new bill that must be passed by Parliament. Section 93 establishes when the provisions come into force. The law initially envisioned a staged approach whereby certain sections would be proclaimed in effect by the government in stage one, followed by four additional stages, some of which were contingent on certain regulations coming into force. Yet at the last minute the government approved a Senate amendment that basically discarded the entire approach. Section 93(6) states:

    (6) Despite subsections (1) to (5), any provision of this Act that does not come into force by order before the 180th day following the day on which this Act receives royal assent comes into force 180 days after the day on which this Act receives royal assent.

The entire law therefore takes effect no later than 180 days after royal assent, which is December 19, 2023. This change was included at the urging of the Canadian media sector (specifically Quebecor) which lobbied to have it take effect as soon as possible. Under this approach, the law can take effect at any time as the government need only issue the relevant Orders-in-Council. There is now little wiggle room. As of today’s post, the latest the law will take effect is in 120 days but it could happen well before that.

Once the law takes effect, the clock on negotiations and potential mediation and arbitration begins. The timelines are fixed in Section 19(1) of the law: 90 days to negotiate and 120 days for mediation. If there is no agreement and no request to the CRTC to extend the deadlines, the issue can go to final offer arbitration. To be clear, none of these timelines are subject to the regulation making process. They are fixed and they create obvious urgency for anyone facing compliance requirements.

The government threatened Meta and Google with mandated payment to Canadian news sources if their online services merely linked to articles or videos from those news sources. Meta and Google rationally decided that the tiny little Canadian market wasn’t worth the cost of paying CBC and other Canadian news outlets for the privilege of sending them readers and are in the process of obeying the letter of the new law and blocking such links on their respective platforms. They told the Canadian government that this is what they’d do if the law was passed in its current form, yet the government is pretending to be shocked and surprised that Meta and Google are going to obey the law.

After all, there’s no real risk that lives might be endangered because so many Canadians are used to getting their news by way of Facebook or Google, is there?

August 13, 2023

Don’t worry about losing all your news links, citizen! The Liberal government’s Ministry of Propaganda will tell you everything you need to know!

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , — Nicholas @ 05:00

The federal government still seems shocked and a little bit hurt that the “tech giants” are carefully obeying the letter of their new Online News Act instead of pumping millions of dollars into government-favoured media outlets. How dare Alphabet and Meta obey the law we wrote? We wanted to soak them for bribes subsidies to give to legacy corporations who can be depended upon to cheerlead our agenda!

Blocking of news links on Facebook and Instagram in Canada has becomes increasingly widespread in recent days, leading to a growing number of public comments from media outlets and reporters expressing surprise or shock about the scope of the link blocking. Indeed, outlets with blocked links include university student newspapers, radio stations, and foreign news outlets. While there may have been some errors (Facebook has a page to seek review of any blocked link decision), the inclusion of a very wide range of Canadian and foreign news outlets is no accident. Rather, it reflects the government’s Bill C-18 approach, which effectively covers all news outlets worldwide whose links are accessed in Canada. The Canadian government could have adopted a more targeted approach – for example, limiting the scope to news links from those news outlets eligible to negotiate agreements with Internet platforms under the law – but it instead went for the broadest possible approach that includes foreign news outlets with little or no connection to Canada.

Understanding why Bill C-18 covers news links from outlets who are not “eligible news businesses” under the law requires unpacking several provisions. First, start with the definition of a “digital news intermediary”, which states:

    digital news intermediary means an online communications platform, including a search engine or social media service, that is subject to the legislative authority of Parliament and that makes news content produced by news outlets available to persons in Canada. It does not include an online communications platform that is a messaging service the primary purpose of which is to allow persons to communicate with each other privately.‍ 

This definition is critical since the only companies that are subject to Bill C-18’s requirement to negotiate agreements with news outlets are (1) those that qualify as DNIs under this definition and (2) meet the requirements found in Section 6 on a significant bargaining power imbalance. The absence of significant bargaining power imbalance is why companies such as Twitter, Microsoft or Apple are not subject to the law. That leaves Google and Meta, provided that they qualify as DNIs. The key phrase in the qualification requirement is that the companies “make news content produced by news outlets available to persons in Canada”. If the companies do not make news content produced by news outlets available to persons in Canada they are not DNIs and are not subject to the law.

[…]

… the government’s choice was to try to bring Meta and Google into the scope of the law by virtue of any news links to any news outlet anywhere in the world, even if those outlets have nothing to do with Canada or with the Bill C-18 system. Given Meta’s stated goal of complying with Bill C-18 by removing links to news content that would render it a DNI, the government’s legislative choice of covering all news links from all news outlets therefore effectively requires it to block all of those news links.

It takes a lot to make Google, of all companies, a sympathetic victim … yet Canada’s awesomely awful Liberal government aced it. Bananada strikes again!

August 6, 2023

What’s in a (tech) name?

Filed under: Business, Media, Technology, USA — Tags: , , , , , — Nicholas @ 03:00

Ted Gioia isn’t a fan of all the recent rebrandings of social media platforms, and tries to explain “why web platforms keep changing their names like criminals in the Witness Protection Program”:

“Automotive Social Media Marketing” by socialautomotive is licensed under CC BY 2.0

When I first heard that Twitter was renaming itself as X, I thought it was a joke.

Not a funny joke, just a goofy one. Elon Musk has a taste for schoolboy humor — and on many occasions has posted something undignified for a laugh. I assumed X was another example of this.

Who could take that name seriously?

Just consider the significations of X:

  • The crossbones you put in front of a skull on a bottle of poison;
  • A mistake on a test, marked by the teacher in red;
  • How you sign your name if you can’t read or write;
  • Something you haven’t figured out in algebra;
  • A movie that’s dirty, raunchy, or offensive in some manner;
  • A mark on a map where stolen wealth has been buried by pirates or criminals;
  • The street name for an illegal drug (MDMA) with various adverse long-term effects — including depression, anxiety, and impairments of cognition, memory, and learning;
  • A symbol of betrayal (i.e., a double cross);
  • In marketing language, an inferior product, as in “Brand X”;
  • A radioactive ray so dangerous that it killed the people who invented and developed it.

Given these associations, nobody in their right mind would replace a familiar, proven brand name with X. Mr. Musk must be joking again. Or so I thought.

But I thought wrong.

If this were an isolated event, I would dismiss it as just one more quirk on the part of an eccentric CEO. But these horrible rebrands are now standard practice in Silicon Valley, especially among dominant Internet platforms.

Why did Google change its corporate name to Alphabet? Why did Facebook change its corporate name to Meta? These were two of the best known brand names in the history of capitalism. Why get rid of them?

And consider this bizarre coincidence. The very same month that Twitter became X, Instagram launched its own text posting option. But it refused to use the familiar Instagram name, instead calling this new feature Threads.

Threads is another word that has all sorts of negative connotations. It refers to something old and torn. It’s associated with poverty and an embarrassing appearance.

What gives?

Do you remember the carefree early days of the web? Brand names were innocent and playful — they sounded like something from a nursery rhyme: Yahoo, Google, Tumblr. Twitter was one of those cutesy names.

Its symbol was a chirping bird. So sweet. So innocent.

But nowadays, web platforms take on names straight out of an H.P. Lovecraft horror story — Threads, X, Ghost, Twitch, Discord, etc.

Today’s writing prompt: Use all of those words in the opening lines of a story. Then send it off to an editor at Weird Tales.

Current day techno bro vibe

August 3, 2023

“Tech giants” obey the law and block access to Canadian news sites to Canadian users

Filed under: Cancon, Government, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 03:00

For some reason — despite a clamour of warnings from sensible observers — the Canadian government still seems shocked and surprised that the much-reviled “tech giants” have chosen to obey the new Online News Act and are actively blocking links to Canadian media outlets just as the law requires:

For months, supporters of Bill C-18, the Online News Act, assured the government that Meta and Google were bluffing when they warned that a bill based on mandated payments for links was unworkable and they would comply with it by removing links to news from their platforms. However, what has been readily apparent for months became reality yesterday: Meta is now actively blocking news links and sharing on its Facebook and Instagram platforms. The announcement does not reference Threads, but it would not surprise if news links are ultimately blocked on that platform as well. The company says that the blocking will take several weeks to fully roll out to all users, suggesting that it has learned from the over-blocking mistakes made in Australia and is proceeding more cautiously in Canada. By the end of the month, the world’s largest social media platform will become a news desert in Canada, with links to all news – both Canadian and foreign – blocked on the platform.

It is worth revisiting that it was only a couple of months ago that some industry leaders, lobbyists, and academics were assuring the Senate that the Meta threat was just a bluff. Kevin Desjardins of the Canadian Association of Broadcasters, referenced the Australian experience, and told the Senate committee studying the bill that “when legislated to do so, they will come to the table”. Sylvain Poisson of Hebdos Quebec confidently said “they made those threats in Australia and elsewhere and every time they back down”. Chris Pedigo of the U.S.-based Digital Context Next assured the committee “it’s important to understand what happens when these bills become law. In Australia, they moved quickly to secure deals. They have done similar work in Europe, and I expect it would happen quickly in Canada as well.” And Carleton professor Dwayne Winseck said “I am not worried. The threats they are making, they are doing this all around the world.”

Despite the assurances, the company was true to its word and blocking news links is now here. If this is a negotiation tactic, it’s a pretty strange one given that reports indicate the company is not talking to the government about potential changes to a law that has already received royal assent. Indeed, while the new Heritage Minister Pascale St-Onge urged the company to participate in the regulatory process, there is nothing in the regulations that could alter the fundamental principle in the bill of mandated payments for links. At best, the government could toss aside its commitment to stay out of negotiations by using the regulations to dictate to the supposedly independent CRTC how much needs to be spent in order to avoid Bill C-18’s final offer arbitration provisions. Government negotiating total payment value and eviscerating the CRTC’s independence does not inspire confidence and Meta reasonably wants no part of it, since the time to fix Bill C-18 was before it received royal assent, not after.

Bolded section mine: I didn’t realize that it wasn’t just Canadian media links that were being blocked … it’s all news sites in the world being hidden from Canadian users. That’s an escalation from what I’d originally understood. I don’t blame the “tech giants” at all, but it will be tough on older Canadians who’ve been depending on social media to keep them up-to-date on domestic and foreign news.

July 4, 2023

It’s not “bullying” for corporations to act in their own (and their shareholders’) best interests

Filed under: Business, Cancon, Government, Media, Technology — Tags: , , , — Nicholas @ 03:00

The weekly round-up from The Line editors wasn’t happy reading for fans of the Canadian mainstream media:

The Canadian government approached this as if it was “Big Tech” who were reaping all the rewards … when in fact it was the Canadian media companies getting most of the benefit from the arrangement. No wonder “Big Tech” chose to take their bat and ball and go home.

There are two major items up for consideration, and we’ll deal with each in turn. The first is a proposed merger between Postmedia and the Torstar/Metroland newspapers. The second, and most significant, news item, is that following on Meta/Facebook’s decision to stop featuring news on its feeds, Google is promising to drop the Google News Showcase feature, and to stop surfacing Canadian news links on its search feeds. All of this is in response to C-18, the Online News Act.

This law is trying to force Facebook and Google to compensate news organizations for the links that appear on their platforms; so the companies reacted in an entirely predictable way after the bill received Royal Assent last week — they announced they are going to absent themselves from the scope of the bill by no longer providing those links.

The government, its supporters, and many in the media itself reacted to this announcement with the same inane bluster that has come to dominate the conversation around this byzantine and poorly conceived bill. The Liberals promised to stand up to “Big Tech”; and the media organizations that pinned their survival on milking this new revenue stream are now accusing Google et al. of “bullying”. We at The Line don’t consider this rhetoric to be rational or in good faith. We are annoyed — we are horrified — by these companies’ decisions, but we understand them.

Both Facebook and Google made it clear that C-18 was untenable from a business point of view; they both warned that they would consider pulling news links in response. From Big Tech’s perspective, the decision-making tree is real simple here: does the revenue generated by news outweigh the potential uncapped financial liability that C-18 would present? Further, would complying with C-18 in Canada present a greater risk to the company globally if the bill were replicated in larger media markets? Or are the companies better off to withdraw from a low-priority market pour encourager les autres. We can scream about the evils of Big Tech all we want, but ultimately, these are just math conversations.

No one ought to be surprised that the math didn’t go our way. But almost everyone was. Because — and there’s no nice way to say this — this country’s media industry is both painfully parochial and embarrassingly self-important. For people whose job it is to understand and explain the world to Canadians, it often astonishes us at how incompetent we are at understanding and explaining that world to ourselves. Canadian journalists have an unshakeable faith in our vocation; we genuinely believe that our work is a vital service to democracy. Therefore the fruits of that labour — the news content — must be valuable to the digital platforms that we now depend upon to distribute it. This is why many in the industry were so unshakeably convinced that Facebook and Google were bluffing during the course of C-18. Incredibly, many seem to remain convinced that Big Tech will capitulate to their demands for capital, even now. To quote this old gem: “It is difficult to get a man to understand something, when his salary depends on his not understanding it”.

The flaw in this reasoning ought to be apparent, yet the industry lacks the digital savvy to understand the risk it is courting. “What about Bing, amiright?” Denial and self-importance are now sucking Canadian journalism straight into the maw of an existential crisis. To lose Facebook is a major set back; to lose Google is death.

The thing our colleagues and peers need to come to terms with is that Canadian journalism just isn’t that important in the global scheme of things. Facebook and Google aren’t out to get us — they are indifferent to us. Canadian news comprises a small and un-lucrative segment of even Canadian traffic flows. And Canada is a mid-tier market, at best. Optics aside, global tech oligopolies simply don’t lose very much by cutting us off. Facebook and Google are in the business of advertising, not journalism. They share neither our self regard, nor our democratic mandate; as a result, there is no internally coherent reason for them to take losses in order to save our industry. We just don’t matter to them.

On her Substack, Tasha Kheiriddin doesn’t blame Google for the impending destruction of what’s left of mainstream Canadian media:

The funeral has begun. The pyres are lit; the mourners are weeping. RIP, Canadian media industry, we hardly knew ye. Between mergers, acquisitions, closures, and layoffs, you didn’t stand a chance. And then came Bill C-18.

The legislation, passed last week, compels internet behemoths Meta and Google to compensate Canadian news outlets in exchange for featuring links to their content. Bill C-18 is modeled on an Australian law that saw the two tech giants enter into financial arrangements with media outlets in that country. Here in Canada, the Parliamentary Budget Office estimates similar deals could produce annual revenues of $329 million, a juicy sum for the cash-strapped news business.

Instead, Meta and Google announced that they would no longer include Canadian news links. Rather than reap a profit, Canadian media companies now face the prospect of far fewer eyeballs on screens – and the decimation of their ad revenue. Meta also cut its funding to CN2i, the Coopérative nationale de l’information indépendante, which supports six print publications, including La Presse, further damaging media companies’ bottom line.

Cue the sound of “Taps” and political outrage. Heritage Minister Pablo Rodriguez had this to say:

    Big tech would rather spend money to change their platforms to block Canadians from accessing good quality and local news instead of paying their fair share to news organizations … This shows how deeply irresponsible and out of touch they are, especially when they make billions of dollars off of Canadian users.

No, this shows how deeply out of touch the government is with the business model of these companies – and with internet technology in general.

July 1, 2023

The Trudeau plan to eliminate Canada from the internet is going great!

Filed under: Bureaucracy, Business, Cancon, Government, Media, Technology — Tags: , , , , , — Nicholas @ 04:00

Wait, you mean that wasn’t the plan? It must have been, if you judge the plan by the amazing results:

The damage caused by the government’s Bill C-18 continues to grow as Meta has started to cancel its existing agreements with Canadian publishers. The move should not as a surprise since any deals that involve facilitating access to news content would bring the company into the legislative framework and mandate payments for links. Indeed, Meta said earlier this week that its 18 existing deals “did not have much of a future“. When this is coupled with a reported “impasse” between the government and Google over its approach to Bill C-18, the risks to the Canadian media sector look increasingly dire.

This was entirely foreseeable, yet Canadian Heritage Minister Pablo Rodriguez never seemed to take the risks seriously. It raises the question of whether the government developed estimates of the cost of its legislation if Meta and Google chose to comply by stopping news sharing or linking. While there were estimates for the benefits of new deals that ran into the hundreds of millions of dollars, did it conduct a risk assessment of the economic costs that would come from Internet companies exiting the news market in Canada?

There are obviously costs that extend far beyond the economics that include reduced access to news, increased prominence of low quality news sources, harm to the Canadian Internet, and the reputational damage to a government that handled this about as incompetently as possible. But from a pure economic perspective, the risks were always understated as they extended beyond just the value of increased traffic to publishers from the links they were themselves posting. Both Google and Meta have deals with Canadian publishers reportedly worth millions of dollars. As Meta’s step to begin cancelling deals suggests, those agreements are unlikely to survive the decision to exit news in Canada.

And of course, Google doesn’t want to set any kind of precedent by accepting a shakedown from any two-bit hoodlum country like Canada:

The worst case scenario for Canadian Heritage Minister Pablo Rodriguez, the Canadian news sector, and the Canadian public has come to pass: Google has announced that it will block news links in Canada in response to the mandated payment for links approach established in Bill C-18. The decision, which the company says will be implemented before the law takes effect, will cover search, Google News, and Google Discover. The decision – which government seemingly tried to avoid with last minute discussions with Google executives after it became apparent that the risks of exit were real – will have lasting and enormously damaging consequences for Canadians and represents a remarkable own-goal by Rodriguez who has managed to take millions away from the news sector and left everyone in a far worse position than if he had done nothing at all.

If you’re in any way interested in Canadian government … machinations … when it comes to digital policy, you really should be following Michael Geist‘s reporting. He’s been doing a great job and deserves the support.

June 24, 2023

Canada’s Online News Act already impacting news delivery for smaller outlets

Filed under: Business, Cancon, Law, Media — Tags: , , , — Nicholas @ 04:00

A local site I use regularly has already begun to feel the negative effects of the federal government’s Online News Act (aka Bill C-18):

Durham Radio News (DRN) doesn’t normally post editorial content, but when local news is being attacked we refuse to stay silent.

Bill C-18 is now law and will have a very negative impact on local independent newsrooms such as DRN.

The bill forces major tech companies such as Google and Meta to pay news outlets for content.

The vast majority of referrals to our DRN site come from Facebook and Google.

Both platforms have been instrumental in growing our audience.

Despite multiple warnings from Meta and Google that they would block news, the Liberal government proceeded with Bill C-18.

It’s now law and in a statement Meta says news will no longer be available on Facebook and Instagram.

Google is expected to follow suit.

Both tech giants have publicly said they don’t make much money off links to news stories so it doesn’t make financial sense for them to pay news providers.

Prime Minister Justin Trudeau called their threats to remove news a bullying tactic and said it will not work with his government.

It really appears the Liberals thought they were bluffing, we now know they were not.

DRN has been trying to get our voices heard for months on the negative impact this bill would have on our business.

We were drowned out by larger media outlets who would stand to benefit from this bill.

We will not be naming other outlets and we don’t begrudge the financial help they are already receiving.

Meta provides funding through fellowships with some media partners, and it is these outlets that became greedy and were asking for more.

For them it doesn’t matter if they get kicked off social media platforms.

For us it will make a huge impact.

March 20, 2023

“It amounts to nothing less than a declaration of all-out war between the government and the Big Tech companies”

Filed under: Business, Cancon, Government, Liberty, Media, Politics, Technology — Tags: , , , — Nicholas @ 05:00

The editors of The Line have strong opinions on the federal government’s decision to batter Google, Facebook, and other online “giants” over their opposition to the proposed internet legislation in bills C-11 and C-18:

As a result of C-18, both Google and Meta have considered dropping news distribution from their platforms, or have outright promised to do so. To which we have responded: “Well, no shit, Sherlocks.” We have, in fact, warned all of the parties involved with this misguided bill that that’s exactly what was going to happen.

Nonetheless, the dim-witted government officials and corporate media barons who have pinned their hopes of survival to the apparent money spigot of Big Tech didn’t believe us. So when Meta came right out and said it would drop news last week, the ashen-faced Minister of Heritage accused them of using “intimidation and subversion” tactics. And, thus, these demands for private correspondence appear to have been drafted.

It amounts to nothing less than a declaration of all-out war between the government and the Big Tech companies — and, by extension, the many independent media creators like ourselves.

Well. Okey Dokey then.

*cracks knuckles*

Let’s start with two very obvious points: firstly, we at The Line don’t object to forcing these tech companies to disclose funding to third parties for the purpose of opposing C-18 et al. That is perfectly reasonable, in our minds. Further, if these companies are being accused of anything illegal, by all means, investigate away — after you get a warrant.

The rest of these demands are nothing short of banana crackers; it’s an extraordinary interpretation of the committee’s mandate. It’s the kind of overbroad dragnet that will necessarily create privacy breaches for the unknown numbers of ordinary citizens, dissidents and journalists who have corresponded with these companies about these bills.

We will remind the government that private citizens and private companies do not owe the government a full accounting of their private business or communications. The government is subject to this kind of transparency and disclosure because the government works for us. Not the other way around.

We will also point out the irony. The government is demanding years worth of correspondence from private entities within a very short time frame: this is a level of transparency that no government department would subject itself to. Don’t believe us? Just try to draft a similar ATIP request to any ministry; it would take years to get such a request fulfilled, and half if it would come back redacted.

March 19, 2023

Disagree with the Canadian government’s attempt to take over significant parts of the internet? Get ready for administrative punishment, citizens!

Filed under: Business, Cancon, Government, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 03:00

Michael Geist, who often seems like the only person paying close attention to the Canadian government’s growing authoritarian attitudes to Canadians’ internet usage, shows the utter hypocrisy of the feds demanding access to a vast array of private and corporate information on a two-week deadline, when it can take literally years for them to respond to a request for access to government information:

Senator Joe McCarthy would be in awe of the Canadian government’s audacious power grab.
Library of Congress photo via Wikimedia Commons.

The government plans to introduce a motion next week requiring Google and Facebook to turn over years of private third-party communication involving any Canadian regulation. The move represents more than just a remarkable escalation of its battle against the two tech companies for opposing Bill C-18 and considering blocking news sharing or linking in light of demands for hundreds of millions in payments. The motion – to be introduced by the Parliamentary Secretary to the Minister of Canadian Heritage (yes, that guy) – calls for a series of hearings on what it describes as “current and ongoing use of intimidation and subversion tactics to avoid regulation in Canada”. In the context of Bill C-18, those tactics amount to little more than making the business choice that Heritage Minister Pablo Rodriguez made clear was a function of his bill: if you link to content, you fall within the scope of the law and must pay. If you don’t link, you are out of scope.

While the same committee initially blocked Facebook from even appearing on Bill C-18 (Liberal MP Anthony Housefather said he was ready for clause-by-clause review after just four hearings and no Facebook invitation), bringing the companies to committee to investigate the implications of their plans is a reasonable approach. But the motion isn’t just about calling executives before committee to answer questions from what will no doubt be a hostile group of MPs. The same motion sweeps in the private communications of thousands of Canadians, which is a stunning disregard for privacy and which could have a dangerous chilling effect on public participation. Indeed, the intent seems fairly clear: guilt by association for anyone who dares to communicate with these companies with an attempt to undermine critics by casting doubt on their motivations. Note that this approach is only aimed at those that criticize government legislation. There has been a painfully obvious lobbying campaign in support of the bill within some Canadian media outlets, but there are no efforts to uncover potential bias or funding for those that speak out in favour of Bill C-18, Bill C-11, or other digital policy initiatives.

It is hard to overstate the broad scope of the disclosure demands. Canadian digital creators concerned with Bill C-11 who wrote to Youtube would find their correspondence disclosed to the committee. So would researchers who sought access to data from Google or Facebook on issues such as police access to social media records or anti-hate groups who contacted Facebook regarding the government’s online harms proposal for automated reports to law enforcement. Privacy advocates focused on how Google administers the right to be forgotten in Canada would ironically find their correspondence disclosed as would independent media sites that wrote to Facebook about the implications of Bill C-18.

March 1, 2023

Our modern age of “squishy totalitarianism”

Filed under: Media, Politics, USA — Tags: , , , , , — Nicholas @ 05:00

Chris Bray on the odd controlling habits of our “great and good”, our “moral and intellectual superiors” to urge us to follow their directives “for our own good” (or else):

The anarchist philosopher Crispin Sartwell describes our political culture as one of “squishy totalitarianism”, a term I like quite a bit. (See the third page of this document.) You can disagree and refuse to comply, and the secret police won’t show up at your door (with maybe a growing list of exceptions). We don’t have a gulag. We don’t have the “culture of the disappeared“. You just … maybe find yourself with fewer friends, and some family that stops talking to you, and maybe your employer lets you know that hey, you know what, this doesn’t seem to be working out.

It’s not the Great Terror, it’s just a kind of low-grade grind of social decredentialing that lets you know you’re not making the right choices. We need to rethink Thanksgiving this year, because we’re very disappointed in you. (Don’t you want to be safe?) The way Google searches are working these days is a pretty good example of squishy totalitarianism: Oh, I’m sorry, we have no results for that widely known piece of wrongthink, but here are some results that debunk the conspiracy theory you’re searching for. Wouldn’t you prefer to read a correct search result?

[…]

We can debate the origins and the motive force behind the constant parade of error that has plagued us over the last three years: useless mask mandates, aggressively harmful school closures, insanely damaging vaccine mandates, ludicrous closures of beaches and parks, the pearl clutching over all those conspiracy theories about a lab leak.

You know the terms of the debate: Is the world led by idiots who are screwing it all up, or is this a plan that they’re executing on purpose?

But whichever answer turns out to be correct, one thing that seems extremely clear to me is that this perpetual reign of error couldn’t possibly go on without the unthinking enforcement activity of a distributed commissariat, the slogan-repeating upper-middle-class-aligned cultural apparatus that endlessly lawn signs their compliance. No one has to tell journalists to scold Woody Harrelson: they already know. The moment the Woodster engaged in crimethink, the Rolling Stone writer Marlow Stern started salivating like a trained dog hearing a bell. Vast armies of professors and HR specialists and marketing executives and bureaucrats and Hollywood functionaries and school board wokescolds and on and on and on already know their roles without being assigned to them. It is not correct for you to fail to comply with Current Thing; you are spewing conspiracy theories.

    Doctor, the symptoms began shortly after I received the second dose of the Covid vaccine.

    No, that is not possible, vaccines do not cause injuries. Let us not discuss this conspiracy theory any further. Here are some pills.

We have an enforcement apparatus made up of people who volunteered for the job. In terms of social class, we have the lower class, the lower-middle-class, the middle class, the Stasi, and the upper class.

February 26, 2023

Politicians who ignored warnings now demanding to know why nobody warned them

Filed under: Business, Cancon, Government — Tags: , , — Nicholas @ 03:00

The Canadian government is moving to pass a new law to force “Big Tech” companies like Google and Facebook to pay Canadian broadcasters and newspapers whenever they post a link to one of those sites. The government was told many times that this law wouldn’t produce a cornucopia of new funding for Canadian companies, but would instead get them nothing — in fact, worse than nothing — as Big Tech firms would just ignore Canadian news altogether (possibly even blocking their own users from posting those links). Despite that, now that Google announced they were testing their ability to shut off linking to Canadian sites, the PM and the minister responsible for the new bill are acting as though it’s Google and the other tech firms making threats:

The report that Google is conducting a national test that removes links to Canadian news sites for a small percentage of users sparked a predictable reaction as politicians who were warned that Bill C-18 could lead to this, now want to know how it could happen. None of this week’s developments should come as a surprise. Bill C-18 presents Google and Facebook with a choice: pay hundreds of millions of dollars primarily to Canadian broadcasters for links to news articles or stop linking. Both companies are doing precisely what they said they would do, namely considering stopping linking (Google conducted the same tests in Australia several years ago). Indeed, strip away the hyperbole and the bottom line is this: the costs of Bill C-18 are enormous (the government’s Senate representative suggesting the bill could result in revenues to cover 35% of news expenditures of every news outlet in Canada) and the revenues from news for the platforms are not (Facebook says news only constitutes 3 percent of posts and Google does not even run ads on its Google News product). As some have noted, the government says the companies are stealing content if they link and blocking content if they don’t.

Canadian Heritage Minister Pablo Rodriguez has blithely ignored the risks associated with Bill C-18 for months. By mandating payments for links, the bill creates a real threat to the free flow of information online. It also raises press independence concerns, may violate Canada’s international copyright obligations, harm the competitiveness of independent media, and open the door to trade retaliation by the United States. But as the Google test demonstrates, everyone loses with the current bill. Trust in Google is undermined when it secretly degrades its own service, news organizations won’t see new revenues if the companies stop linking and they will also lose the benefits of the links, and Canadians will find that the bill is an own-goal by the government that undermines the foundation of the Internet.

No one likes to get called on their assertions that Google and Facebook were bluffing when they warned that the prospect of removing news sharing or search results was real, but it is telling that Rodriguez and the bill’s supporters continue to rely on misleading claims about the bill instead of making the case for its actual impact. For example, consider yesterday’s Rodriguez’s tweet:

Leaving aside the fact that Google is blocking links to news sites, not the news sites themselves, Rodriguez continues to falsely claim that the premise of the bill is for the tech companies to “compensate journalists when they use their work.” This just isn’t what the bill does. First, it now includes hundreds of broadcasters that do not even produce news, yet still qualify for compensation. That isn’t compensating for use, it is payment based on holding a CRTC licence. Second, the bill does not require compensation based on use. The standard in Bill C-18 is making news content available, which is defined as:

    For the purposes of this Act, news content is made available if

    (a) the news content, or any portion of it, is reproduced; or
    (b) access to the news content, or any portion of it, is facilitated by any means, including an index, aggregation or ranking of news content.

Google and Facebook don’t typically reproduce the news. Rather, they link to it and thereby send the user to the publisher’s own platform where the publisher benefits from increased traffic and potential ad revenue. Therefore, the key provision is (b), which covers facilitating access to the news, better known as linking to it. That is not how most Canadians would conceive of use and why officials typically avoid acknowledging that the bill is about payment for links.

I tapered off linking to Canadian newspapers the last time this idea was being tossed around, and clearly I’ll need to omit ever linking to Canadian broadcasters and newspapers in future … but given that easily 90% of my readers aren’t Canadian, it’s not going to be too much of a sacrifice.

December 30, 2022

QotD: If AT&T had used the Google model

Filed under: Business, Quotations, Technology, USA — Tags: , , — Nicholas @ 01:00

I’ve written elsewhere of how much we would have suffered if AT&T had run the phone network with a Google strategy. You wouldn’t be able to talk on the phone until you heard a bunch of advertisements first. The restaurant you call for a dinner reservation would have to kickback a share of your meal tab to the phone company. Everything you did on your phone would be more cumbersome and less efficient.

Guess what? That still may happen. The only reason Apple hasn’t already started force-feeding ads on your iPhone is a fear that competitors may not do the same — and they might lose a few market share points. But all it takes is one backroom meeting of dubious legality between smartphone providers, and you will soon start hearing a pitch from the GEICO gecko before you even say hello.

Ted Gioia, “YouTube May Force You to Watch 10 (or More) Unskippable Ads in a Row”, The Honest Broker, 2022-09-19.

December 16, 2022

The Online News [Shakedown] Act passes the House of Commons

Filed under: Business, Cancon, Government, Media — Tags: , , , , , , , , — Nicholas @ 03:00

Michael Geist summarizes the farcical progress of Justin Trudeau’s legalized theft from the “tech giants”:

Later today, the House of Commons will vote to approve Bill C-18, the Online News Act, sending it to the Senate just prior to breaking for the holidays. While Canadian Heritage Minister Pablo Rodriguez and media lobbyists will no doubt celebrate the milestone, it should not go unremarked that the legislative process for this bill has been an utter embarrassment with an already bad bill made far worse. The government cut off debate at second reading, actively excluded dozens of potential witnesses, expanded the bill to hundreds of broadcasters that may not even produce news, denigrated online news services as “not real news”, and shrugged off violations of international copyright law. All the while, it acknowledged that mandated payments for links are the foundation of the bill with officials stating that individual Facebook posts accompanied by a link to a news story would be caught by the law. As for the purported financial benefits, the government’s own estimates are less than half those of the Parliamentary Budget Officer, who also concluded that more than 75% of the revenues will go to broadcasters such as Bell, Rogers, and the CBC. The end result is a bill that will undermine competition and pose a threat to freedom of expression, while potentially leading Facebook to block news sharing in Canada and Google to cancel dozens of existing agreements with Canadian news outlets.

As I’ve chronicled for months, Bill C-18 is the product of an intense lobbying campaign from some of Canada’s largest media companies. While the Globe and Mail broke from the pack at the last minute, years of one-sided editorials — even devoting full front pages to the issue — had its effect. Indeed, Canadian newspapers would be exhibit #1 for how government intervention in the media space has a direct impact on an independent press. From the moment of its introduction, the consequences were immediately obvious as payments for links serves as the foundation for a law that treats “facilitating access to news” as compensable. Canadians can be forgiven for thinking the bill is about compensating for reproduction of news stories. It is not, since the platforms don’t do that. Instead, it is about requiring payments for links, indexing or otherwise directing traffic to the news organizations who are often the source of the link itself. In most circumstances, recipients pay for the benefits that come from referral traffic. With Bill C-18, the entities providing the referrals pay for doing so.

Further, the bill is about far more than struggling Canadian newspapers as it expands eligibility into broadcasters such as the CBC, foreign news outlets such as the New York Times, and hundreds of broadcasters licensed by the CRTC that are not even required to produce news. The end goal is negotiated payments for links, backed by the threat of a one-sided arbitration process overseen by the CRTC in which the arbitration panel can simply reject offers if it believes it fails to meet the government’s policy objectives. That isn’t a commercial deal, it is a shakedown.

I’ve been operating on the assumption that the government is betting that the big internet companies won’t do the obvious and ban linking to any Canadian media outlet on their respective platforms, but the feds don’t have a great track record of predictions in recent years …

In a later post, Michael Geist illustrated the literal misinformation that was pushed by government MPs during Bill C-18’s path through to final reading by quoting some of Liberal MP Lisa Hepfner’s contributions:

Last month, Liberal MP Lisa Hepfner shocked Canadian online news outlets by stating that “they’re not news. They’re not gathering news. They’re publishing opinion only.” The comments sparked instant criticism from news outlets across the country, leading Hepfner to issue a quick apology. In the aftermath of the comments, Hepfner said nothing for weeks at Heritage committee studying Bill C-18. That bill passed third reading yesterday – I posted on the embarrassing legislative review – and Hepfner was back at it. Rather than criticizing online news outlets, this time she targeted the Internet platforms, saying the bill would make it “harder for big digital platforms like Facebook and Google to steal local journalists’ articles and repost them without credit.” 

[…]

Hepfner’s comment not only provide a troubling example of an MP engaging in misinformation about links who has effectively labelled her own Facebook posts as theft, but strikes at the heart of the problem with Bill C-18. As government officials have acknowledged, the entire foundation of the bill is based on paying for links. In fact, when a proposal to remove links from the bill was raised at committee, government MPs described the change as a loophole and voted against it. In the case of the CBC links, the government confirmed that Hepfner could write about the availability of children’s medications (ie. “Great news! CBC reports a million bottles of pain medication are on the way”) but once she added a link to provide a source for the claim, Bill C-18 is triggered.

These examples highlight the absurdity of a law that treats links as compensable and MPs who equate those links to theft. To be clear, there is nothing wrong with Hepfner or anyone else providing a link to a story on greater availability of children’s medicine. In fact, the CBC story has effectively already been paid for by the public and should be shared widely without the government creating barriers to sharing that information. What is wrong that is ill-informed MPs have voted for Bill C-18, creating a framework in which the government is imposing a mandatory payment scheme for some platforms for hosting links. The bill is now headed to the Senate which will hopefully make the necessary amendments to set Hepfner’s mind at ease that her own Facebook posts do not make her an accomplice to theft.

November 8, 2022

The inevitable next act of the media subsidy game – “Before long we will be back for more”

Filed under: Business, Cancon, Government, Media, Technology — Tags: , , , , , , — Nicholas @ 05:00

In The Line, Peter Menzies outlines the state of play in the continued efforts of the federal government to pass C-18, a bill that will massively benefit certain media outlets … or convince the “tech giants” to pull out of the Canadian market altogether rather than pay the blackmail:

News Media Canada’s persistent campaigning finally produced its Holy Grail — Bill C-18. All might have been well for Torstar, Postmedia and Le Devoir except that once the flesh was thrown on the bones of the Act, broadcasters that aren’t facing economic peril heard the dinner bell and came running.

The result, according to the Parliamentary Budget Officer, is that Bill C-18 is expected to produce $329 million in annual revenue for Canadian media (for context, that’s less than the Calgary Herald, Edmonton Journal, Edmonton Sun and Calgary Sun were bringing in between them 20 years ago). Of that, $249 million will go to broadcasters, few of whom are on a fiscal ledge and a good many of whom have contributed to the demise of local newspapers. Remarkably, the CBC, already receiving $1 billion in taxpayer funding, will get the most of that cash, followed by CTV (Bell), Rogers, Videotron and others. The newspapers and start ups will have $80 million (a little more than what the Edmonton Journal and Edmonton Sun used to make in combined annual profit) to fight over.

And very few of those previously mentioned startups — run by mostly young and often female innovators — trying to find a sustainable business model for good journalism can expect anything more than a token pay off. No. They will have to go to the little kids table and see what they can find on the children’s menu of subsidies.

It is distressingly obvious that while so many were tricked into believing this was the most progressive Canadian government ever, it is in fact, a slave to the status quo; as staunch a defender of the corporate establishment as the Toronto Club could wish for. With the 21st century and all its opportunities staring it in the face, Justin Trudeau’s government has not only turned its back on innovation, it has put its thumb on the scale in favour of failed business models that long ago ran out of ideas.

Yet there may be a final twist in this tale.

Bill C-18’s particulars are, as Meta/Facebook’s Kevin Chan put it to a Parliamentary committee last week “globally unprecedented”. For all its sins — and for all we know there are a few more skeletons rattling around in its closet — Meta is unlikely to pay up. Sure, it can cover the Canadian shakedown; what it can’t afford though is to pay every other country in the world that makes the same demand. So Meta says it may simply stop serving up news links which, when you think about it, is a better idea in the long run than permanently entrenching its dominant market position

So while the publishers of those blank pages appear to have bullied even the Conservatives into supporting this travesty, they are still left to ponder:

“Imagine if Facebook wasn’t there.”

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