Some of my favorite responses to the "Facebook Files" coverage, in no particular order. 1/
Hands down winner is @persily with not only a concrete proposal for better research transparency, but actual draft legislation to get it done. washingtonpost.com/outlook/2021/1…
2/
@Klonick brings calm and sanity, and rightly emphasizes the very serious issues the FB Files reveal for users outside major markets, who are getting a much less safe version of the product. nytimes.com/2021/10/01/opi…
3/
@Klonick God bless @kevinroose for looking at the FB Files like a businessperson. What he sees is a company that is struggling for audience and relevance. nytimes.com/2021/10/04/tec…
4/
@mmasnick's "banality of hubris" coverage probably has the best headline, its insights about FB execs buying into the myth of their own brilliance sounds right to me. techdirt.com/articles/20210…
5/
@mmasnick @mmasnick also takes some potshots at the WSJ reporting, which, I agree, spun things in the worst possible way at basically every opportunity. (Criticizing FB for being too motivated by PR crises, while creating a new PR crisis and public pressure for change, is my favorite.) 6/
I'm sure there's more, apologies to whomever I missed. I have actively tried to avoid reading about this, and look how much I read anyway. Maintaining intellectual discipline in the midst of a news firestorm is hard... 7/7

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More from @daphnehk

17 Sep
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.
Read 6 tweets
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

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