There should be a high barrier for any company seeking to interfere with the marketplace of ideas in which the right of free correspondence is practiced.
Critics of regulating dot com monopolies have made valid points.
Regulating Google or Facebook as a public utility is dangerous. And their argument that giving government the power to control content on these platforms would backfire is sensible.
Any solution to the problem should not be based on expanding government control.
But there are two answers.
First, companies that engage in viewpoint discrimination in response to government pressure are acting as government agents. When a pattern of viewpoint discrimination manifests itself on the platform controlled by a monopoly, a civil rights investigation should examine what role government officials played in instigating the suppression of a particular point of view.
Liberals have abandoned the Public Forum Doctrine, once a popular ACLU theme, while embracing censorship. But if the Doctrine could apply to a shopping mall, it certainly applies to the internet.
In Packingham v. North Carolina, the Supreme Court’s decision found that, “A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen.”
The Packingham case dealt with government interference, but when monopolies silence conservatives on behalf of government actors, they are fulfilling the same role as an ISP that suspends a customer in response to a law.
When dot com monopolies get so big that being banned from their platforms effectively neutralizes political activity, press activity and political speech, then they’re public forums.
Second, rights are threatened by any sufficiently large organization or entity, not just government. Government has traditionally been the most powerful such organization, but the natural rights that our country was founded on are equally immune to every organization. Governments, as the Declaration of Independence asserts, exist as part of a social contract to secure these rights for its citizens.
Government secures these rights, first and foremost, against itself. (Our system effectively exists to answer the question of who watches the watchers.) But it also secures them against foreign powers, a crisis that the Declaration of Independence was written to meet, and against domestic organizations, criminal or political, whether it’s the Communist Party or ISIS, that seek to rob Americans of their rights.
A country in which freedom of speech effectively did not exist, even though it remained a technical right, would not be America. A government that allowed such a thing would have no right to exist.
Only a government whose citizens enjoy the rights of free men legally justifies is existence.
If a private company took control of all the roads and closed them to conservatives every Election Day, elections would become a mockery and the resulting government would be an illegitimate tyranny.
That’s the crisis that conservatives face with the internet.
Daniel Greenfield, “Americans Paid for the Internet, We Deserve Free Speech On It”, Sultan Knish, 2019-05-16.
May 22, 2019
April 11, 2019
What happens if you block access to all of Google’s IP addresses?
The answer is … not a lot, or at least not quickly. So many companies use Google’s services in the background that even if you can get a particular site to work for you, it’ll very likely be as slow as a mid-90’s dial-up connection. Stephen Green reports on someone’s live experiment with a Google-less internet:
Behind the scenes, [Gizmodo’s Kashmir] Hill’s specialty VPN blocked her devices from trying to ping Google’s servers more than 15,000 times — in just the first few hours. After a week, it had stopped more than 100,000 attempts to share data with Google. And to repeat, this is after Hill had stopped using any of Google’s apps or services. The company has its tendrils all throughout the internet.
As Hill describes the process in her report to Gizmodo:
I migrate my browser bookmarks over to Firefox (made by Mozilla).
I change the default search engine on Firefox and my iPhone from Google — a privilege for which Google reportedly pays Apple up to $9 billion per year — to privacy-respecting DuckDuckGo, a search engine that also makes money off ads but doesn’t keep track of users’ searches.
I download Apple Maps and the Mapquest app to my phone…
I switch to Apple’s calendar app.
I create new email addresses on Protonmail and Riseup.net (for work and personal email, respectively) and direct people to them via autoreplies in Gmail.
Hill did literally everything an internet-connected human being can do to disconnect themselves from Google. But you don’t have to be a Google customer in order to have the company garner 100,000 little bits of data about you every single week. Or as Hill herself says, “Google, like Amazon, is woven deeply into the infrastructure of online services and other companies’ offerings, which is frustrating to all the connected devices in my house.”
The fact is, you aren’t Google’s customer: You and your data are Google’s product, served up on an electronic platter to advertisers and God-Only-Knows-Who-Else… even if, like me, you’ve boycotted all of the company’s little data-sniffing products.
As a libertarian, I have philosophical issues with the whole idea of antitrust. But when a company grows so big and so pervasive that you can’t avoid becoming its tool — even when going to the extreme lengths Hill went through — then I can draw only one conclusion, expressed in three words.
Break. Them. Up.
April 4, 2019
March 30, 2019
The EU’s copyright regulation is a stalking horse for online censorship and control
To the amazement of many non-EU observers, the European Parliament passed blatantly authoritarian and corporatist changes to the rules on copyrights that will have potentially vast impact on the internet across the world, not just inside the EU. At City A.M., Kate Andrews explains why this is such bad news for all internet users:
The two most controversial points in the law – Article 11 and Article 13 – are almost certain to stifle digital activity, and interfere with the free way that people currently use online platforms.
Article 11, known as the “link tax”, would make online platforms compensate press publishers for links and article content posted on their sites.
As my colleague Victoria Hewson highlighted in her latest briefing, this approach has been “widely criticised as a distortive measure that seeks to prop up a declining industry”.
As many local and national newspapers decline in readership and revenue, governments have become increasingly protectionist in their attempts to “rebalance” the sector, by cracking down on online platforms.
The link tax has little merit, even if rebalancing is the goal. News outlets which require payment for readership already have logins and paywalls to protect their content from free access.
[…]
Article 13 will also be distortive to the market, as it makes online platforms increasingly liable for copyright infringement.
As Hewson’s briefing notes, major online platforms already have routine screening processes for content that violates copyright law or their own rules. But the new regulations “remove the protection for platforms previously available if they removed violating content promptly on receiving notice of it, and contravene fundamental rights such as free expression and freedom from monitoring”.
The Directive claims that safeguards – including pastiche, parody, and quotations – will be protected, and that meme content has been excluded.
But the algorithms which these platforms will have to implement to adhere to Article 13 are going to struggle to see the difference between infringement and fair use when comparing uploads to content that is registered as copyrighted.
March 20, 2019
A Supreme Court case that created huge sales tax problems for online firms
Eric Boehm explains why an obscure US Supreme Court ruling is making life extremely complicated for thousands and thousands of online businesses:
… Until last year, that meant Heitman was responsible for collecting and paying sales taxes to exactly one place: the Wisconsin Department of Revenue. But thanks to an under-the-radar ruling from the U.S. Supreme Court in June, he’s now receiving letters, phone calls, and emails from revenue officials across the country, each wanting a piece of his business.
The source of Heitman’s frustrations is Wayfair v. South Dakota, which allowed states to collect sales taxes from online businesses located beyond their borders. Many states view the Wayfair ruling as a potential tax revenue windfall in which the taxes are paid by non-residents who can’t vote against them. That’s why businesses like Heitman’s are now facing the chilling prospect of owing taxes in dozens, and possibly hundreds, of different jurisdictions — while being hounded by out-of-state tax collectors.
Since the Supreme Court issued its ruling in June, Heitman has been scrambling to become compliant with tax commissions and revenue departments from coast to coast. He’s spent thousands of dollars on new software to help navigate the complexities of state sales tax law, but that’s only been so much help. “It almost seems like I have another full time job dumped on me with this sales tax thing,” he says. “It’s burning me out.”
As the 2019 tax season begins, states are ramping up efforts to squeeze extra revenue out of remote retailers like Heitman, putting an expensive new burden on businesses that have found broad customer bases online. The burden is particularly large in the five U.S. states that charge no sales tax, where entrepreneurs could now be charged with paying a tax they have never had to pay before, to a government over which they have no voice. And while Congress could clean up the Supreme Court’s mess, it’s far from certain that it will.
Warren Meyer points out that it’s not just the individual states who are taking advantage of this windfall opportunity to collect taxes from non-residents:
Like most writers, Mr. Boehm actually understates the problem. Because the potential exists not to have 50 new taxing authorities for every sales, but thousands. I have to deal with this every day. I wrote a while back:
Take Arizona, which seems from my experience to be roughly average. The sales tax rate table is 18 pages long in a small font. There are 29 separate rate categories which each have different rates in each of Arizona’s 15 counties. My business is in 6 counties and we have 3 rate categories that apply, or 4 if you consider items with no tax as another rate category. This is 24 different state/county sales tax rates we charge. But that is the easy part. Because then there are, in addition to county taxes, 92 different towns and cities that have their own rate tables with up to 29 different rate categories that add to the base state/county rate. Other states such as Washington (rule of thumb — if the state has no income tax then it has a LABYRINTHIAN sales and business tax systems) have additional overlay taxes such as for transit and stadium districts.
When my company opens a new location, we have to spend hours on the Internet and with maps trying to figure out what sales taxes to collect, and even with good due diligence we sometimes get it wrong and find in an audit we are actually just inside or outside some line where the rate changes (we once had a location 30 miles outside of Seattle on a long dirt road where we found we had to collect the Seattle Rapid Transit tax). Thatcher, AZ is a town of like 4000 people but has its own special sales tax rates — do you know where the town line is? Well neither do they, because last time I checked they did not have any sort of online lookup system to tell one automatically if the address is inside or outside the town and its sales tax district…
But even after registering in all 50 states, you are STILL not done, because many states don’t have a fully unified sales tax collection system. In Arizona, for example, the larger cities require their own registration and monthly reporting.
Meyer is operating a company that has physical assets and employees in each of the states and lesser jurisdictions to which taxes are due. Internet businesses generally only have physical assets in a single state, yet an expansive reading of the Wayfair ruling (the type of reading most jurisdictions will prefer) makes them liable for taxes almost everywhere.
February 28, 2019
February 20, 2019
February 14, 2019
QotD: Knowing how to find out is an essential skill
The thing is, you don’t have to be an expert on everything. Simply knowing the basics and the relevance is enough in many cases. You have the entirety of human knowledge at your fingertips so knowing how to look things up is more important than memorization. Einstein allegedly said he had no reason to memorize how many feet were in a mile because he could find in any book. Today, you can find the details off your phone or laptop in seconds. What you need is an understanding of how to find it.
That’s the first thing a modern person needs to know. How to look things up on-line is an essential skill in the modern age. Working with young interns years ago, I was surprised to discover that none of them knew how to be curious. I had to teach them how to find things on-line. They had no idea how to discover the world by inference. What I ended up telling them is always ask what a thing is, not where a thing is. What is its nature, what does it do. Who thinks it is important. Enter those things in a search engine and you will get close to what you seek.
This is probably obvious to most reading this, but there is a reason browsers have bookmarks and there are services that let you synchronize your bookmarks on all of your devices. Most people store knowledge and then remember where they left it. That has its place, but when searching for things on-line, you may, whether you realize it or not, be looking for unknown unknowns. By thinking about what a thing or event is, you will find things like it or related to it that you never considered or simply did not know existed.
This will no doubt strike some as pedantic, but in the modern age, the ability to quickly acquire necessary information is probably the most valuable skill and therefore, the most essential of knowledge. All of us have at our fingertips the totality of human understanding. Knowing how to quickly dig through it to find what it is you need is vastly more useful and important than the ability to remember how many feet are in a mile or where the book you learned it is on your book shelf.
The Z Man, “Essential Knowledge Part I”, The Z Blog, 2017-01-13.
February 7, 2019
Cultural nationalism versus cultural imperialism at the CBC
Andrew Coyne reflects on the odd musings of CBC president Catherine Tait:
“There was a time,” Catherine Tait was saying, “when cultural imperialism was absolutely accepted.”
The CBC president was musing, at an industry conference in Ottawa last week, about the heyday of the British and French Empires, when if “you were the viceroy of India you would feel that you were doing only good for the people of India.” Or, “if you were in French Africa, you would think ‘I’m educating them, I’m bringing their resources to the world, and I’m helping them.’ ”
The comments have since come back to bite her, not because many people have a kind word for imperialism these days but because she was comparing those colonial empires, which invaded and conquered territory by force of arms, to the “new empire” of Netflix. As more than one commentator has objected, none of the six million Canadians who subscribe to Netflix was made to do so at the point of a gun.
Neither is it evident what comparable “damage” is done by a service that gives willing viewers in this country access to well-made television programs from around the world. It was, in short, an altogether silly line of argument.
And yet it seems wrong to heap such particular scorn on Tait. For in truth she was only giving voice to the sort of thinking typical of her generation and class: middle-aged cultural bureaucrat/subsidized private producer, of a kind found in particular abundance in the Montreal-Toronto corridor. The same defensive attitudes, what is more, have for decades formed the foundation of much government policy on culture, even if they are largely incomprehensible to a generation raised on Netflix and YouTube.
There was a time, that is, when cultural nationalism was absolutely accepted — when it was taken as a given among the educated classes that it was the responsibility of government to protect and defend Canadian culture, if necessary from Canadians themselves. Hence the whole apparatus of CanCon, most of which is still with us today.
February 3, 2019
The CBC, Netflix, and the questionable role of mandatory “CanCon”
Chris Selley explains why the CBC’s own shows are appearing on Netflix and how this undermines the raison d’être for government-funded CBC television:
To the vast majority of Canadians, including those who support the CBC, the idea that Netflix represents any kind of threat — and should thus be taxed or forced to carry minimum amounts of Canadian content or otherwise regulated, as various groups urge — will just seem irretrievably bizarre. Whether or not it’s a good idea, CanCon only works in a restricted market where channels broadcast specific things at specific times. Back in the day you might just find yourself bored enough to watch or listen to something you didn’t really want to, and it might just be Canadian.
No one watches anything on Netflix that they don’t want to — no one single, anyway — so there’s no earthly reason to put stuff there if people don’t want it. The irony, though, is that there’s a ton of Canadian content on Netflix, precisely because people want to watch it. And as University of Ottawa professor Michael Geist explained in a blog post on Friday, Netflix makes it very easy to find: Not only are there direct links to Canadian TV shows and films, but it algorithmically detects a user’s preference for CanCon and recommends other titles.
Goodness, just look at all the Canuck shows: Baroness Von Sketch Show, Workin’ Moms, Mr. D, Kim’s Convenience, Schitt’s Creek, Intelligence … hang on a tic, those are all CBC shows! How did those imperialist Silicon Valley pigdogs get their filthy hands on it? Because as more and more Canadians cut the cord, Netflix is a perfectly logical place for CBC and the production companies it works with to showcase their work — not just to Canada but to the world. In short, there doesn’t seem to be any problem or threat here at all, to anyone — just success, and the opportunity for more.
We cut the cord about six months ago, and haven’t missed broadcast TV in the slightest (so I hear … I wasn’t watching much TV even before then). I watch Minnesota Vikings games on DAZN and The Grand Tour on Amazon Prime, and that’s just about all my screen time (YouTube and other online video sources more than compensate).
January 31, 2019
Coming soon for Canadians – mandatory maple-flavoured search results
Michael Geist relates the ongoing efforts of ACTRA to get the federal government to mandate high visibility for Canadian content in search engines:
The escalating battle being waged for new Internet taxes to fund Canadian content does not stop with proposals for new fees on Internet access and online video services. Cultural groups also want to increase the “discoverability” of Canadian content by mandating its inclusion in search results. According to the ACTRA submission to the broadcast and telecom legislative review panel, it has been calling for search engine regulation for the past 20 years:
ACTRA stated during the 1999 CRTC process that Internet search engines would become the gateway for consumers to access the vast array of entertainment and information now available from around the world. We argued then the CRTC should regulate them.
It now argues for mandated inclusion of Canadian content in search results for cultural content under threat of economic sanction:
Regulating search engines would be difficult, but ACTRA recommends the government approach search engines like Google, Bing and others, and request they ensure Canadians are offered some Canadian choices in their search results. While it is neither possible nor appropriate to interfere in the final selection made by individuals, Canadian consumers should have a real choice, including Canadian films, television programs and music. We expect companies would concur with the government’s reasonable request to be seen as good corporate citizens. If a particular search engine does not agree to this request, the government should impose an appropriate regulatory constraint or burden, such as amending the Income Tax Act to discourage Canadians from advertising on search engines that fail to comply.
January 29, 2019
Bell Canada wants the feds to crack down on Virtual Private Networks
Michael Geist discusses some revelations from Bell’s communications with the federal government during the NAFTA negotiations:
Just days after Bell spoke directly with a CRTC commissioner in the summer of 2017 seeking to present on its site blocking proposal to the full commission, it asked Canadian Foreign Affairs Minister Chrystia Freeland to target VPNs as Canada’s key copyright demand in the trade talks. Its submission to the government stated:
The Canadian cultural industry has long been significantly harmed by the use of virtual-private-network (VPN) services, which facilitate the circumvention of technological protection measures put in place to respect copyright ownership in other jurisdictions such as Canada…When the ability to enforce rights in national markets breaks down it inevitably favours the largest markets (which become the de facto “global” market) at the expense of smaller open economies like Canada. This harms Canada both economically and culturally.
Canada should seek rules in NAFTA that require each party to explicitly make it unlawful to offer a VPN service used for the purpose of circumventing copyright, to allow rightsholders from the other parties to enforce this rule, and to confirm that is a violation of copyright if a service effectively makes content widely available in territories in which it does not own the copyright due to an ineffective or insufficiently robust geo-gating system.
This is precisely the concern that was raised in the context of the Bell coalition blocking system given fears it would expand to multi-use services such as VPNs just as a growing number of Internet users are turning to the technology to better safeguard their privacy and prevent online tracking.
In fact, the Bell submission went even further than just VPNs, urging the government to consider additional legal requirements on ISPs to enforce copyright rules:
Notice-and-notice has been a very incomplete solution to the problem of widespread digital piracy. While we do not believe it should be eliminated, the Government should explore other ways to secure the cooperation of service providers whose services are used for piracy (such as the site-blocking regimes required in Europe and also in place in many other countries throughout the world).
January 10, 2019
Patreon’s changing role
At Quillette, Uri Harris outlines how Patreon has changed over the last year or so and what those changes mean for both content creators and financial supporters:
On December 6, crowdfunding service Patreon removed the account of popular YouTuber Carl Benjamin, who is better known by his YouTube moniker Sargon of Akkad. In a statement, Patreon explained that Benjamin was removed for exposing hate speech under its community guidelines, which prohibit: “serious attacks, or even negative generalizations, of people based on their race [and] sexual orientation.” The incident in question was an appearance on another YouTube channel where Benjamin used racial and homosexual slurs during an emotional outburst. (The outburst was transcribed and included for reference as part of Patreon’s statement.)
Patreon’s reaction sparked immediate accusations of political bias from many centrists and conservatives, as Benjamin—who identifies as a classical liberal—is a frequent and outspoken critic of contemporary progressivism, receiving hundreds of thousands of views on many of his videos. The fact that Benjamin was removed from Patreon for an outburst on another YouTube channel almost a year ago, when he produces hours of content every week on his own channels and appears regularly on many others, suggested that this was a targeted attempt to remove him due to his politics, either by Patreon employees themselves or as a response to outside pressure.
This belief was bolstered by the fact that Patreon’s CEO Jack Conte had appeared on popular YouTube talk show “The Rubin Report” last year to explain the removal of conservative YouTube personality Lauren Southern, where he seemed to suggest that Patreon’s content policy had three sections and that hate speech was in the first section, meaning that it only applied to content uploaded to Patreon’s own platform. (Southern was removed for off-platform activity because she had “crossed the line between speech and action,” Conte maintained, which he implied was covered by the more severe second and third sections of their content policy.)
There’s nothing unusual about a company revising its content policy, of course, but it seemed suspicious that Benjamin was being removed for a different set of rules than those Patreon’s CEO had previously articulated. In fact, several people pointed out the prevalence of similar slurs on Patreon’s own platform as further indication that Benjamin was specifically targeted for his political views.
January 1, 2019
Blog traffic in 2018
As I try to remember to do every New Year, here’s a snapshot of the blog statistics gathered for me by the CyStats WordPress plug-in from 1 January to mid-morning 31 December (click to embiggenate):
As you can tell if you compare this to last year, CyStats have updated their UI so that relevant bits aren’t quite as easy to screencap.
Overall, the numbers are down a bit from 2017, but I still feel it’s worthwhile to carry on…
October 26, 2018
QotD: Mis-using statistics
You’re like that crazy hobo on the subway demanding everyone justify the moon ferrets. But moon ferrets aren’t real, so why waste a bunch of time explaining that to a stinky hobo. But I’ll try, because I’m a retired accountant, and when people like you try to use stats it is like watching a monkey humping a football. So amusing, but kind of sad.
Larry Correia, “Run Forrest Run!”, Monster Hunter Nation, 2014-11-05.