There is always a cat-and-mouse game between (1) makers of ranking algorithms and (2) content providers who profit from high rankings.
That background fact should inform every analysis of algorithms and amplification.
Sometimes we call that "spam." Sometimes it's "content farms" or "inauthentic behavior." Sometimes it overlaps with clear societal harms, other times it just degrades service quality. But it is always there, and it always shapes the available choices for platforms and regulators.
Will someone *please* write about this for a policy/news reporter audience? There is literally an entire industry of experts who could easily explain it. SEO conferences and publications like searchengineland.com talk about it all the time.
It's also one of the reasons "neutral" or "authentic" or "just chronological" rankings can be such a mess. **Because bad actors are always messing with them.** There is no edenic state of nature to get back to, and there hasn't been since at least 1978. en.wikipedia.org/wiki/History_o…
For a more detailed discussion (and one in which I contain my irritation slightly better), see the section on "Chronological Order and Design Defaults" here.

knightcolumbia.org/content/amplif…
Also @evelyndouek has written on this, and on the undefinable nature of "inauthentic" user behavior. But we need more people, and louder ones. Failing to get this should be embarrassing.

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More from @daphnehk

8 Sep
I finally read Øe’s Opinion in the CJEU’s pending case about Article 17 filtering/fundamental rights, and it is amazing. Here comes a long thread about what stood out to me. curia.europa.eu/juris/document…
Of course, I don’t like the upshot: Article 17 stands. Øe reconciles that with users' rights by, as @bjjuette and @giuliapriora put it, confining the law in a “tight corset of conditions to safeguard compliance with EU fundamental rights.” copyrightblog.kluweriplaw.com/2021/07/20/on-…
@bjjuette @giuliapriora (That blog post is a great overall explainer of the issue and the Opinion, BTW, with lots of useful links.)
Read 28 tweets
30 Jul
Something terrible is happening in Canadian Internet law, and the people who care in the rest of the world are mostly stretched too thin to pay attention. We’re counting on people like @mgeist, @EmilyLaidlaw, @tamir_i, and @vivekdotca to somehow fix it. 1/
@mgeist @EmilyLaidlaw @tamir_i @vivekdotca This is a thread listing some of the law’s problems as identified by @mgeist, and flagging a few resources showing the law’s major human rights problems. Others who know of more that might be useful for those working on this in Canada, please add on. 2/
Many of @mgeist's recent posts are about the rushed and secretive lawmaking process. This latest one lays out the current proposals. michaelgeist.ca/2021/07/online…
3/
Read 26 tweets
20 Jul
Heads up, people who don’t follow GDPR news: This case is a big deal. It’s basically asking the CJEU to rule that FB’s whole ads system violates the GDPR.
My (very speculative) crystal ball says: Expect a ruling that messes up the ads business model at the margins in ways that sort of track real world privacy values and sort of track how the tech works, but that fall short on both fronts in confusing ways.
No disrespect to the CJEU intended here, BTW. The materials they review often lack any well-developed factual record or amicus/intervenor briefs from independent experts or NGOs to explain key legal issues. And then they have to reach a consensus position. That’s a rough set-up.
Read 7 tweets
7 Jul
Trump's de-platforming lawsuit turns on the idea that Twitter and others took down content under pressure from Dem politicians, thus becoming state actors who can be sued under the First Amendment. 1/
That's... not how state action works. But politicians pressuring platforms to take down lawful speech is problematic. This practice is called "jawboning," and @dbambauer wrote a useful article about it. I also discuss it in Who Do You Sue. 2/
The irony (OK, one of many) is that Trump was Jawboner in Chief. He tried his best to strongarm platforms into adopting *his* preferred speech policies. So much so that @CenDemTech sued him. (When the President does stuff, that really is state action & can violate the 1st Am) 3/
Read 4 tweets
1 Jul
A few more musings on the ruling striking down the Florida platform law. storage.courtlistener.com/recap/gov.usco…

1/
(1) Same lesson as the Facebook antitrust ruling earlier this week: Norms and assumptions change faster in the political sphere, but more slowly in courts. Slowing down and setting forth your factual, legal, logical justification matters.
2/
In other words, don’t get high on your own supply (of rhetoric).
3/
Read 13 tweets
30 Jun
Are there Democrats in Congress who simultaneously
(1) want platforms to act against things like electoral and Covid disinformation and
(2) support Rep. @davidcicilline's antitrust bill with Sect. 2(a)(3) intact?

I see a serious conflict there.
As I read it, that part of the Cicilline bill opens the door to Infowars, Breitbart, The Daily Stormer et al bringing must-carry claims against platforms, or demanding higher ranking.
Here's what that part of the bill prohibits. The first two are about self-dealing by platforms, which is totally appropriate for antitrust/competition law. The third one opens the floodgates to litigation about speech and content moderation -- and bad outcomes.
Read 5 tweets

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