Jason Kint Profile picture
Aug 27, 2019 8 tweets 6 min read Read on X
Don't miss this podcast @karaswisher in conversation with three others on CDA230. I think everyone can agree with @mmasnick analogy/point phone company shouldn't be liable for a phone call in which there is a false bomb scare. /1 podcasts.apple.com/podcast/id1011… stitcher.com/podcast/vox/re…
However, I think that misses unique role of social media which often accelerates providing reach and velocity for problematic, harmful material thru the content it creates to drive up engagement. We know approaching 80% of YouTube engagement comes from their recommendations? /2
So I question the panel suggesting politicians have different issues with CDA230. If you step up a level, I think you'll find common concern as to responsibility over their algorithms. It's either a liability issue or an antitrust issue or both. It's dangerous if it's neither? /3
We've heard conservatives in US, Canada, UK often fairly express concerns over what content gets left up or taken down (one argued Pelosi video should have been taken down), worried about the coding decisions of unavoidably biased set of humans. /4
We've heard progressives in US, Canada, UK also fairly express concerns around algorithm decisions, who gets targeted by content and whether self-assessments are done to examine harm to groups from changes. /5
These are all reasonable questions and I hear them asked smartly by lawmakers from all parties (eg @HawleyMO @DamianCollins @bobzimmermp @beynate @JoStevensLabour @davidcicilline). So I just return to ? of who is responsible for experiences driven by recommendation engines? /6
@HawleyMO @DamianCollins @bobzimmermp @beynate @JoStevensLabour @davidcicilline It's not the content itself. If it's legal, please don't censor. And please keep govt out of these decisions. But at the same time, the reach and velocity from social media is where they make their profits. That fake Pelosi video shouldn't have taken 24hrs to be decelerated. /7
@HawleyMO @DamianCollins @bobzimmermp @beynate @JoStevensLabour @davidcicilline So point being it's not as simple as phone company not being responsible for the content of a phone call when the phone company is listening to call, profiting from the call and spreading it faster than history could have ever imagined in order to generate profit from it. /end

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More from @jason_kint

Nov 21
Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1 Image
As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2 Image
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Revenue sharing for search default and/or preferential treatment - dead. Google's tens of billions to Apple - dead (last I saw it's about 15% of Apple's profits). Reminder, this all needs to be argued and approved by Court and then will get appealed. Still far off. /3 Image
Read 11 tweets
Nov 18
KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3 Image
This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3 Image
Here is the full report from Bloomberg who consistent with the entire trial showed up every day, did the hard work, and now got the massive scoop ahead of Wed filing. 3/3 bloomberg.com/news/articles/…
Read 5 tweets
Nov 6
throwback time at Supreme Court today. Remember when Facebook looked away while data was harvested and sold to Cambridge Analytica (and other firms) ahead of 2016 election then covered it up? Topic finally hit SCOTUS - 10am (Kavanaugh not recusing would be outrageous). 1/3
basically facebook is trying to argue why it didn't need to disclose the "breach" despite never confirming it (2015-2018 which included elections) ahead of scandal going global in 2018. They've since somewhat successfully rewritten history on what happened thru soft press. 2/3
here is a link to oral arguments (supremecourt.gov/oral_arguments…) and a thread into more info. Justice Kavanaugh is best buds with a Facebook exec who was at center of scandal and cover-up. One hour of arguments (US Solicitor General, too). 3/3 x.com/jason_kint/sta…
Read 9 tweets
Nov 5
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3 Image
Read 9 tweets
Oct 23
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2 Image
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
Read 13 tweets
Oct 9
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1 Image
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2 Image
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3 Image
Read 8 tweets

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