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    McDonald's spies on union activists – that's how scared they are of workers' rights | Indigo Olivier

    On 24 February, Vice reported that McDonald’s has, for years, spied on activists and employees engaged in labor organizing and the Fight for $15 campaign. Internal McDonald’s corporate documents obtained by Vice confirmed that the company has been concerned with gathering “strategic intelligence” on workers involved in efforts to secure higher wages, better working conditions and a union. This includes using data collection software to monitor employees and their networks through social media and “a team of intelligence analysts in the Chicago and London offices”.
    This comes after years of reporting on similar efforts by Amazon to prevent the unionization of their own employees. Job postings for intelligence analysts to monitor and report on “labor organizing threats”; social media monitoring; interactive “heat mapping” tools to anticipate and pre-empt strikes or union drives; Pinkerton operatives; and, most recently, coordinated efforts with county officials to change the traffic lights outside Amazon’s facility in Bessemer, Alabama to prevent organizers from speaking to workers during shift changes – all have been deployed to secure the company’s bottom line.
    As Vice points out, surveillance against labor organizers is nothing new. What’s new is the use of technology to aid in these efforts, which may also be in violation of federal labor law.
    The surveillance and intimidation of workers is a feature, not a bug, and one that has come to define American capitalism at home and abroad. As Vox noted last June, “the creation of urban police forces was largely spurred by a desire to contain union activism and protest.” While police in southern cities are largely a vestigial outgrowth of slave patrols, in northern cities like Chicago, elite businessmen pushed for the development of municipal police forces to suppress labor organizing around demands like an eight-hour workday. The concept of policing as “public safety” came later.
    There is no evidence to suggest government involvement in the surveillance of workers at either Amazon or McDonald’s. Yet the failure on the part of past administrations to condemn these egregious labor violations – or condemn the yawning wealth gap between megacorporations and the underpaid workers whose labor they depend on – amount to tacit approval of business-as-usual by any means necessary.
    This Sunday, Biden broke this awful trend by releasing a surprisingly strong statement in support of unions. While he stopped short of calling out Amazon by name, his video address was directed at “workers in Alabama” and represents the strongest pro-union statement of any president in modern US history.
    “You should remember that the National Labor Relations Act didn’t just say that unions are allowed to exist, it said we should encourage unions,” Biden said. “There should be no intimidation, no coercion, no threats, no anti-union propaganda. Every worker should have a free and fair choice to join a union. The law guarantees that choice.”
    Under an economic system that enriches CEOs by underpaying workers for the value of their time and pocketing the profits, there is a direct connection between the dystopian anti-labor tactics used by the likes of McDonald’s and Amazon and the $1.3tn transfer of wealth to the country’s 664 billionaires over the course of the pandemic. Bezos’s path to becoming the world’s first trillionaire is precisely because of his successful efforts at preventing unions from taking hold in his private empire.
    As Marx put it: capital is dead labor, which, vampire-like, lives only by sucking living labor, and lives the more, the more labor it sucks.
    Biden now has a choice to make: Amazon or unions. He can’t fight for both.
    On the campaign trail, Biden sent conflicting messages by cultivating the image of a blue-collar union man and simultaneously promising a room full of corporate donors that under his presidency “no one’s standard of living will change, nothing will fundamentally change.”
    Biden adopted a $15 minimum wage as one of his few concessions to the left, in an effort to win over Bernie Sanders supporters, and later changed his tone by saying he didn’t believe the provision would last in the most recent Covid-19 stimulus package. The statement amounted to a shrugging off of one among a number of campaign promises that look less likely to be fulfilled by the day. Democrats are now dishonestly pointing the blame at a single and little-known Senate parliamentarian, though Kamala Harris could easily overrule the decision and lift nearly a million people out of poverty.
    We can and should give credit to Biden for his recent statement on unions while also recognizing that words alone are not enough. Biden has the power to immediately pass a federal $15 minimum wage, raise corporate taxes, call on the National Labor Relations Board to investigate companies like McDonald’s and Amazon which unlawfully spy on their employees, and take a trip to Bessemer to show support for the facility’s 5,800 workers.
    This is a David-versus-Goliath fight and the stakes are simply too high to stop short of executive action. Until he proves otherwise, we need to remember Biden’s message to corporate America: nothing will fundamentally change.
    Indigo Olivier is a 2020-2021 Leonard C Goodman investigative reporting fellow at In These Times magazine More

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    All I want for 2021 is to see Mark Zuckerberg up in court | John Naughton

    It’s always risky making predictions about the tech industry, but this year looks like being different, at least in the sense that there are two safe bets. One is that the attempts to regulate the tech giants that began last year will intensify; the second that we will be increasingly deluged by sanctimonious cant from Facebook & co as they seek to avoid democratic curbing of their unaccountable power.On the regulation front, last year in the US, Alphabet, Google’s corporate owner, found itself facing major antitrust suits from 38 states as well as from the Department of Justice. On this side of the pond, there are preparations for a Digital Markets Unit with statutory powers that will be able to neatly sidestep the tricky definitional questions of what constitutes a monopoly in a digital age. Instead, the unit will decide on a case-by-case basis whether a particular tech company has “strategic market status” if it possesses “substantial, entrenched market power in at least one digital activity” or if it acts as an online “gateway” for other businesses. And if a company is judged to have this status, then penalties and regulations will be imposed on it.Over in Brussels, the European Union has come up with a new two-pronged legal framework for curbing digital power – the Digital Markets Act and the Digital Services Act. The Digital Markets Act is aimed at curbing anti-competitive practices in the tech industry (like buying up potential competitors before they can scale up) and will include fines of 10% of global revenues for infringers. The Digital Services Act, for its part, will oblige social media platforms to take more responsibility for illegal content on their platforms – scams, terrorist content, images of abuse, etc – for which they could face fines of up to 6% of global revenue if they fail to police content adequately. So the US and UK approach focuses on corporate behaviour; the EU approach focuses on defining what is allowed legally.All of this action has been a long time coming and while it’s difficult to say exactly how it will play out, the bottom line is that the tech industry is – finally – going to become a regulated one. Its law-free bonanza is going to come to an end.Joe Biden’s choices for top staff in his administration include a depressing proportion of former tech company stalwartsThe big question, though, is: when? Antitrust actions proceed at a glacial pace because of the complexity of the issues and the bottomless legal budgets of the companies involved. The judge in one of the big American antitrust cases against Google has said that he expects the case to get to court only in late 2023 and then it could run for several years (as the Microsoft case did in the 1990s).The problem with that, as the veteran anti-monopoly campaigner Matt Stoller has pointed out, is that the longer monopolistic behaviour goes on, the more damage (eg, to advertisers whose revenue is being stolen and other businesses whose property is being appropriated) is being done. Google had $170bn in revenue last year and is growing on average at 10-20% a year. On a conservative estimate of 10% growth, the company will add another $100bn to its revenue by 2025, when the case will still be in the court. Facebook, says Stoller, “is at $80bn of revenue this year, but it is growing faster, so the net increase of revenue is a roughly similar amount. In other words, if the claims of the government are credible, then the lengthy case, while perhaps necessary, is also enabling these monopolists to steal an additional $100bn apiece.”What could speed up bringing these monopolists to account? A key factor is the vigour with which the US Department of Justice prosecutes its case(s). In the run-up to the 2020 election, the Democrats in Congress displayed an encouraging enthusiasm for tackling tech monopolies, but Joe Biden’s choices for top staff in his administration include a depressing proportion of former tech company stalwarts. And his vice-president-elect, Kamala Harris, consistently turned a blind eye to the anti-competitive acquisitions of the Silicon Valley giants throughout her time as California’s attorney general. So if people are hoping for antitrust zeal from the new US government, they may be in for disappointment.Interestingly, Stoller suggests that another approach (inspired by the way trust-busters in the US acted in the 1930s) could have useful leverage on corporate behaviour from now on. Monopolisation isn’t just illegal, he points out, “it is in fact a crime, an appropriation of the rights and property of others by a dominant actor. The lengthy trial is essentially akin to saying that bank robbers getting to keep robbing banks until they are convicted and can probably keep the additional loot.”Since a basic principle of the rule of law is that crime shouldn’t pay, an addition of the possibility of criminal charges to the antitrust actions might, like the prospect of being hanged in the morning (pace Dr Johnson), concentrate minds in Facebook, Google, Amazon and Apple. As an eternal optimist, I cannot think of a nicer prospect for 2021 than the sight of Mark Zuckerberg and Sundar Pichai in the dock – with Nick Clegg in attendance, taking notes. Happy new year!What I’ve been readingWho knew?What We Want Doesn’t Always Make Us Happy is a great Bloomberg column by Noah Smith.Far outIntriguing piece on how investors are using real-time satellite images to predict retailers’ sales (Stock Picks From Space), by Frank Partnoy on the Atlantic website.An American dream Lovely meditation on Nora Ephron’s New York, by Carrie Courogen on the Bright Wall/Dark Room website. More

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    If you think Biden's administration would rein in big tech, think again | John Naughton

    Before the US presidential election I wondered aloud if Mark Zuckerberg had concluded that the re-election of Trump might be better for Facebook than a Biden victory. There were several reasons for thinking this. One was the strange way Zuckerberg appeared to be sucking up to Trump: at least one private dinner in the White House; the way he jumped on to Fox News when Twitter first placed a warning on a Trump tweet to say that Facebook would not be doing stuff like that; and the majority report of the House subcommittee on tech monopolies, in which it was clear that the Democrats had it in for the companies.But the most significant piece of evidence for the belief that a Biden administration would finally tackle the tech giants, and Facebook in particular, came in the long interview Biden gave last January to the New York Times, in which he was highly critical of the company.“I’ve never been a big Zuckerberg fan,” Biden said. “I think he’s a real problem … I’ve been in the view that not only should we be worrying about the concentration of power, we should be worried about the lack of privacy and them being exempt, which you’re not exempt. [The New York Times] can’t write something you know to be false and be exempt from being sued. But he can. The idea that it’s a tech company is that Section 230 should be revoked, immediately should be revoked, number one. For Zuckerberg and other platforms.” As readers of this column know only too well, section 230 of the 1996 US Telecommunications Act is the clause that exempts tech platforms from legal liability for anything that users post on their platforms. It’s the nearest thing social media has to a kill switch. Pull it and their business models evaporate. Trump had been threatening to pull it before the election, but he lacked the attention span to be able to do anything about it. Biden, on the other hand, had already talked about it in January and would have people around him who knew what they were doing. So maybe we were going to get some real progress in getting tech giants under control.And then he gets elected and what do we find? Biden’s transition eam is packed with tech industry insiders. Tom Sullivan, from Amazon, is earmarked for the Department of State. Mark Schwartz, also from Amazon, is heading for the Office of Management and Budget, as are Divya Kumaraiah from Airbnb and Brandon Belford from Lyft, the ride-hailing company. The US Treasury gets Nicole Isaac from LinkedIn, Microsoft’s department of spam, and Will Fields, who was Sidewalk Labs’ senior development associate. (Sidewalk Labs was the organiser of Google’s attempt – eventually cancelled – to turn Toronto’s waterfront into a data-geyser for surveillance capitalism.) The Environmental Protection Agency, a body that Trump looted and sidelined, gets Ann Dunkin, who is Dell’s chief technology officer. And so on.Well, I thought, perusing this sordid list, at least there’s nobody from Facebook on it. How innocent can you be? Politico reveals that the joint chair of Biden’s transition team, Jeff Zients, is a former Facebook board member. Another former board member is an adviser. And two others, one who was a Facebook director and another who was a company lobbyist, have, according to Politico “taken leadership roles”. And then, to cap it all, it turns out that Biden himself has a friendly relationship with a guy called Nick Clegg, who was once a serious politician and now doubles as Mark Zuckerberg’s bagman and representative on Earth.Truly, you couldn’t make this up. And just to add a touch of satire to it, the woman who is now a heartbeat away from the presidency, Kamala Harris, has a career-long record of cosying up to Silicon Valley. She participated, for example, in the marketing campaign for Lean In, Sheryl Sandberg’s anthem of capitalist feminism, even though at the time Harris was California’s law enforcement official most responsible for overseeing Facebook. As the state’s attorney general, she took a semi-comatose view of the way the big tech companies were allowed to gobble up potential rivals and bulldoze their way into new industries. Facebook’s controversial acquisitions of WhatsApp and Instagram, perhaps the most obvious anti-competitive mergers in the short history of the tech industry, happened on her watch and triggered no regulatory reflex. If Silicon Valley could be said to have a darling, then Ms Harris is it. And all those campaign donations from tech companies and moguls may turn out to have been a shrewd investment after all.Given these sobering circumstances, how should we calculate the odds of a Biden administration taking on the power of the tech giants? The answer: slightly better than those of a snowball staying cool in hell. But only slightly.What I’ve been readingIs 2020 just a taster?Graeme Wood has written a riveting essay, titled The Next Decade Could Be Even Worse, on the work of Peter Turchin, a quantitative historian who believes he has discovered iron laws that predict the rise and fall of societies.Birth of an iNationWhat if we viewed tech giants as countries? A thoughtful essay in Tortoise Media considers Apple as a one-party state as secretive as China. But more liberal. Phew!Is less Moore?I enjoyed a lovely post by Venkatesh Rao on the Ribbonfarm blog, about the mindset induced by living in a world governed by Moore’s Law. More

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    Amazon removes shirts with derogatory slogan about Kamala Harris

    Amazon has removed a clothing line emblazoned with an offensive slogan referring to Kamala Harris from its website after complaints from Twitter users who branded it “unacceptable”.The T-shirts, tank tops and hoodies which had the words “Joe and the hoe” written in red, white and blue in the style of Democratic presidential nominee Joe Biden and his running mate Harris’s campaign logo, were on sale for between $24.99 and $42.99.The derogatory phrase was also recently adopted by the conservative radio host and friend of Donald Trump Rush Limbaugh, who has a history of making abusive comments about the senator.The removal of the items followed pressure from Twitter users who urged people to complain to the retail giant.“Let @amazon know this is unacceptable,” wrote @LesaPamplin, a criminal defence attorney from Texas, with a screengrab of the clothing. “We are not sitting idly by and taking this bullshit.”An Amazon spokesperson said on Wednesday that the products had been removed, adding: “All sellers must follow our selling guidelines and those who do not will be subject to action including potential removal of their account.”While the products appear to have been removed, the seller, “The Oxygen Bandit”, still seems to be active on the site with a range of politically themed garments including a “Byedon 2020” hoodie and “Kamala smelled best” and “I’m an AmeriKaren” T-shirts.Later on Wednesday Harris is due to make US history as the first woman of colour on a major party ticket when she accepts her party’s vice-president nomination at the Democratic national convention. More

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    Who will choose the next US president – the American people, or Facebook? | Jonathan Freedland

    The social media titans are more powerful than politicians. But it doesn’t have to be this wayThis week, in a hearing on Capitol Hill, you could gaze upon the men with the power to determine November’s presidential election and the future of American democracy – but the men in question were not politicians. Rather they were the four tech titans who appeared by Zoom before a congressional committee. Even via video link, the power radiated from them: the heads of Facebook, Google, Amazon and Apple loomed from the monitors as veritable masters of the universe, their elected questioners mere earthlings.That hardly exaggerates their might. Between them, and with their users numbered in the billions, Facebook and Google determine much of what the human race sees, reads and knows. Mark Zuckerberg’s writ runs across the planet, no single government is able to constrain him: he is an emperor of knowledge, a minister of information for the entire world. A mere tweak of an algorithm by Facebook can decide whether lies, hate and conspiracy theories spread or shrivel. Continue reading… More

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    'Too much power': key moments as tech CEOs face historic US hearing – video

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    Top US tech bosses are told they are censoring political speech, spreading fake news and ‘killing’ the engines of the US economy in a combative and historic congressional hearing.
    Jeff Bezos of Amazon, Tim Cook of Apple, Mark Zuckerberg of Facebook and Sundar Pichai of Google’s parent company, Alphabet, appeared before members of the house judiciary’s antitrust subcommittee and faced intense questioning on everything from market dominance and data surveillance to military contracts and political censorship.
    ‘Too much power’: Congress grills top tech CEOs in combative antitrust hearing

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    Amazon

    Apple

    Google

    Facebook

    US Congress

    Jeff Bezos

    Mark Zuckerberg More