House Antitrust hearing on how to break up big tech platforms is starting.
This hearing is the legislative follow-through on Congress's critical investigation into big tech. These hearings are where actual policy change occurs. @econliberties's @mh4oh will be testifying on the need for break-ups.
Now @davidcicilline is talking about Facebook as a key vector for the organizing of the riot at the Capitol. Zuckerberg said he would do nothing about it, and Cicilline says that's because of a lack of competition. He doesn't fear market repercussions.
Now Facebook/Google and the fight with Australia comes up.
Now Republican @RepKenBuck praises @davidcicilline for bipartisan, and notes that the anti-competitive practices of big tech against small businesses. And then points out these firms deplatformed Trump and Parler. All part of the same problem, he says.
Now comes @Jim_Jordan to disrupt the hearing with arguments about cancel culture. Jordan is just disguising his libertarian support for Google, Facebook, Amazon, etc.
Though he was fairly muted.
The key point of @CharlottesWWWeb's testimony is Public Knowledge's view that breaking up the platforms is a bad idea, they want regulation instead.
This is a weaker approach than regulation plus breakups. We saw GDPR in Europe fail because Facebook and Google simply oppose it.
Some strong testimony from @HalSinger. He basically calls for structural separation of big tech platforms if they keep breaking the rules.
So @HalSinger says that these platforms "may not be governable" and must be cut down to size preemptively. Points out Amazon preemptively suing @TishJames in New York, Facebook banning news in Australia, and Zuckerberg's Supreme Court.
Founder and CEO of Mapbox Eric Gundersen is talking about the gatekeeping power of Google Maps. "The gatekeeping is brazen... I need your help now."
Google is bullying customers against those who want to use Mapbox.
Gunderson points out that Ford signed a big deal with Google MPas that locks Ford into not only Google Maps but also Google's Cloud service. Lots of gatekeeping, threats, and leveraging of monopoly power into new markets.
Tad Lipsky is now testifying on how antitrust laws are perfect. You may not realize that he has been in that hearing room for four months since his last testimony, and has not stopped talking.
Lipsky essentially argues that antitrust should be worked out by judges. The conservative movement is rebelling against this judge worship. americanrestorationcenter.com/big-tech-letter
Chicago School stalwart Tad Lipsky and consumer rights liberal @CharlottesWWWeb are on the same page against stronger antitrust enforcement to break up platforms, instead seeking regulation of monopolies.
Now @econliberties Morgan Harper is testifying, asking for a traditional "regulated competition" approach to dealing with big tech. Break up big tech, and regulate the component pieces. economicliberties.us/press-release/…
So @RepSwalwell and @CharlottesWWWeb are working together at this hearing to say that antitrust law can't work against big tech platforms. This is absurd. Swalwell says the point of antitrust laws is to protect consumers from high prices.
Well well well. @RepMondaire is bringing up Tad Lipsky's funding from big tech. And now talks abut Amazon screwing their workers on Covid, and Google firing Barry Lynn from Open Markets.
"Secret corporate funding has undermined our democracy." - @RepMondaire
In response to the critique of Tad Lipsky for taking corporate $$$, @RepDanBishop asks @CharlottesWWWeb if Public Knowledge has received money from Google.
Answer: "Yes."
Bipartisanship!
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Wow Democrat @CharleneforAZ read off talking points praising the security of the iPhone and app store. There's a serious problem with progressive legislators doing whatever big tech wants. azleg.gov/videoplayer/?c…
It's amazing to see progressives @CesarChavezAZ straight up going libertarian in Arizona. The legislature, he said, shouldn't get involved in disputes between private businesses. And let's not use the term monopoly.
"The proposal calls for platforms to pay into a trust fund, which would in turn pay for news organizations to establish robust fact-checking services."
Nightmare idea. Let's address no actual problems but create lots of new ones!
A lot of media reformers are ripping off the mask and asserting they just don't want private media outlets anymore. Their view is newsgathering should be financed and fact-checked by the government.
As @RrjohnR has written extensively, advertising has been a key mechanism to prevent the control of private media by the state since the early 1800s. Are people really that naive they imagine media that is nearly all state-funded will be a check on state power?
1. This kind of response to the Australian law reminds me of John Perry Barlow and the Declaration of the Independence of Cyberspace, written at Davos in 1996. eff.org/cyberspace-ind…
2. Here's Barlow: "Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders."
3. This is the problem the Australian government is addressing. It is a crisis. And the response from tech journalists is mostly, 'how dare this government act to impose its will?!?' Highly ideological and highly anti-democratic.
1. Here's my summary of what the Australian media law does. It is not a 'link tax.' First, the bill is one result of a multi-year extremely in-depth investigation by highly respected Australian Competition and Consumer Commission head Rod Sims. mattstoller.substack.com/p/australia-st…
2. The important part is to recognize that the law only applies to digital platforms who are dominant and have a bargaining imbalance with media outlets. It is an anti-monopoly law. This graph shows the monopoly problem.
3. The bill says that the only platforms who have to bargain with publishers are those who have a "significant bargaining imbalance." And both sides must engage in good faith bargaining, recognizing the value the platform and the publisher provide. parlinfo.aph.gov.au/parlInfo/downl…
1. What happens if Congress repeals Section 230? It's a big question and no one knows the answer. Here's my guess. Section 230 lets firms avoid dealing with harm they cause by monetizing data and third party content. Social pollution would began to carry a cost to the polluter.
2. For most firm, nothing would change. Most firms don't use data to harm customers. For big firms who monetize data and have large third party user bases, they'd have to buy insurance and pay a little more attention to harm they might cause. Online products would get safer.
3. Product liability, harassment and negligence, defamation - all standard legal claims - would reemerge, and firms like Grindr and Facebook would have to stop knowingly letting people use their product for harassment and fraud.