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    Is Biden’s appointment of a pioneering young lawyer bad news for big tech? | John Naughton

    A flashback: it’s Wednesday 29 July 2020. I’m sitting glued to the US TV network C-Span, which is relaying – live – a hearing of the House of Representatives subcommittee on antitrust, commercial and administrative law. The hearing is being held following the publication of a sprawling report of a year-long investigation into the market dominance of Amazon, Apple, Facebook and Google.Arrayed on big screens before the members of the subcommittee are the four bosses of the aforementioned tech giants: Amazon’s Jeff Bezos, then midway through his Star Trek makeover; Tim Cook of Apple, looking like the clean-living lad who never understood the locker-room jokes; Facebook’s Mark Zuckerberg, wearing his trademark glued-on hairdo; and the Google boss, Sundar Pichai, every inch the scholarship boy who can’t understand why he’s been arrested by the Feds. And on the vast mahogany bench towering above these screened moguls sits David Cicilline, subcommittee chairman and the politician who has overseen the investigation.To be honest, I was watching out of duty and with low expectations. All the previous congressional interrogations of Zuckerberg and co had alternated between political grandstanding and farce. I expected much the same from this encounter. And then I noticed a young woman wearing a black mask standing behind Cicilline. She looked vaguely familiar, but it took me a few moments before I twigged that she was Lina Khan. At which point I sat up and started taking notes.I had been following her for years, ever since a paper she had published as a graduate student in the Yale Law Journal in January 2017. The title of the paper – Amazon’s Antitrust Paradox – signalled that there was something radical coming up, because since the mid-1970s US antitrust philosophy had been shaped by a landmark book by another lawyer, Robert Bork. Its title was The Antitrust Paradox and it argued that the prime focus of action against monopolies should not be corporate power, per se, but consumer harm as measured by unreasonably high prices. And since many of the products and services offered by the tech giants were “free” to their users they could hardly be accused of this; their wielding of monopoly power should not therefore be penalised by the state, for doing so would be tantamount to “penalising excellence”. Thus was shaped the legal doctrine that allowed a small number of tech companies to acquire immense power without being unduly troubled by legislators.This was the doctrine that Khan set out to demolish in her paper. She argued that Amazon was a dangerous monopoly that charged unsustainably low prices because the company knew that its shareholders would allow it to lose money for longer than its competitors. And it was also able to operate a “marketplace” that competed with the businesses that relied on it to reach customers, while amassing data on them that further entrenched its advantages. In other words, it wielded significant power for which there was no real redress.Khan’s paper lit a fuse that’s been fizzing ever since. It informed the Cicilline investigation and the subsequent report. And it’s what underpinned four of the five new bills that were unveiled last week, each one co-sponsored by Republican as well as Democratic politicians and each one targeted at monopolistic abuses identified in the report. The “Cicilline Salvo” is how the incomparable tech analyst Ben Thompson summarises them. The American innovation and choice online bill forbids platforms from giving advantages to their own products and services on marketplaces that they operate. The platform competition and opportunity bill outlaws pre-emptive acquisitions by tech giants of startups that might threaten their dominance (such as Facebook acquiring Instagram and WhatsApp, for instance). The ending platform monopolies bill bans platforms from owning any product or service that rests on top of its platform and competes with third parties in any way. And the augmenting compatibility and competition by enabling service switching bill requires tech platforms to make it easy for users to switch platforms (and take their data and social graph with them); in other words, it imposes on platforms what many jurisdictions now enforce on mobile phone operators, energy companies and other businesses.Of course, there’s many a slip ’twixt drafting and the statute book, but these are very significant pieces of legislation that go some way towards bringing tech companies under democratic control. And, to cap it all, last week also saw the announcement that Khan was to become chair of the Federal Trade Commission, the agency that, along with the US Department of Justice, has the legal muscle to enforce compliance with whatever these new laws stipulate.Which leaves us with two reflections. One is, as David Runciman pointed out in The Confidence Trap, his landmark study of the recent history of democracy, that while democracies can take a long time to awaken from their slumbers, once aroused they can be very effective. The other is a confirmation of the power of ideas, even those of a young graduate student, to change history.What I’ve been readingSituation vacant On Algorithmic Communism is a long, thoughtful review by Ian Lorrie in the LA Review of Books of Nick Srnicek’s and Alex Williams’s book, Inventing the Future, about a world without work.What’s in a phrase?There Is Nothing so Deep as the Gleaming Surface of the Aphorism is a nice – aphoristic – essay by Noreen Masud.Net costsThe Cost of Cloud: A Trillion-Dollar Paradox is a perceptive piece by Sarah Wang and Martin Casado on the expensive technology on which our networked world now depends. More

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    Watchdog investigates seizure of Democrats’ phone data by Trump DoJ

    The US justice department’s internal watchdog launched an investigation on Friday after revelations that former president Donald Trump’s administration secretly seized phone data from at least two House Democrats as part of an aggressive leaks inquiry related to the Russia investigation into Trump’s conduct.Democrats in Congress called the seizures a “shocking” abuse of power, while the White House labeled the revelations “appalling”.The announcement by the DoJ inspector general, Michael Horowitz, came shortly after the deputy attorney general, Lisa Monaco, made the request on Friday morning.Horowitz said he would examine whether the data turned over by Apple followed department policy and “whether any such uses, or the investigations, were based upon improper considerations”.It was revealed late on Thursday that the US justice department under Trump had taken data from the accounts of at least two members of the House of Representatives intelligence committee in 2018 as part of an aggressive crackdown on leaks related to the Russia investigation and other national security matters, according to a committee official and two people familiar with the investigation.Prosecutors from the previous president’s DoJ subpoenaed Apple for the data, according to the people, who were granted anonymity to discuss the secret seizures first reported by the New York Times.The records of at least 12 people connected to the intelligence panel were eventually shared, including the chairman, Adam Schiff, who was then the top Democrat on the committee.The California Democratic congressman Eric Swalwell was the second member, according to spokeswoman Natalie Edelstein. The records of aides, former aides and family members were also siezed, including one who was a minor, according to the committee official.Apple informed the committee last month that their records had been shared, but did not give extensive detail. The committee is aware, though, that metadata from the accounts was turned over, the official said.The records do not contain any other content from the devices, like photos, messages or emails, one of the other people said. The third person said that Apple complied with the subpoena, providing the information to the DoJ, and did not immediately notify the members of Congress or the committee about the disclosure.While the justice department routinely conducts investigations of leaked information, including classified intelligence, opening such an investigation into members of Congress is extraordinarily rare.Schiff tweeted: “Trump repeatedly demanded the DoJ go after his political enemies. It’s clear his demands didn’t fall on deaf ears. This baseless investigation, while now closed, is yet another example of Trump’s corrupt weaponization of justice. And how much he imperiled our democracy.”Trump repeatedly demanded the DOJ go after his political enemies.It’s clear his demands didn’t fall on deaf ears. This baseless investigation, while now closed, is yet another example of Trump’s corrupt weaponization of justice.And how much he imperiled our democracy.— Adam Schiff (@RepAdamSchiff) June 11, 2021
    The disclosures, as first reported by the New York Times, raise questions about what the department’s justification was for spying on another branch of government and whether it was done for political reasons.The Trump administration’s attempt to secretly gain access to data of individual members of Congress and others connected to the panel came as the president was fuming publicly and privately over investigations – in Congress and by the special counsel Robert Mueller – into his campaign’s ties to Russia. Trump called the probes a “witch-hunt”, regularly criticized Schiff and other Democrats on Twitter and repeatedly dismissed as “fake news” leaks he found personally harmful to his agenda. As the investigations swirled around him, he demanded loyalty from a justice department he often regarded as his personal law firm.The House speaker, Nancy Pelosi, said in a statement that “these actions appear to be yet another egregious assault on our democracy” waged by the former president.“The news about the politicization of the Trump administration justice department is harrowing,” she said.Schiff, now the panel’s chair, also confirmed in a statement on Thursday evening that the DoJ had informed the committee in May that the investigation was closed. Still, he said: “I believe more answers are needed, which is why I believe the inspector general should investigate this and other cases that suggest the weaponization of law enforcement by a corrupt president.”The justice department told the intelligence panel then that the matter had not transferred to any other entity or investigative body, the committee official said, and the department confirmed that to the committee again on Thursday.The panel has continued to seek additional information, but the department has not been forthcoming in a timely manner, including on questions such as whether the investigation was properly predicated and whether it only targeted Democrats, the committee official said.It is unclear why Trump’s justice department would have targeted a minor as part of the investigation. Another Democrat on the intelligence panel, the Illinois representative Mike Quigley, said he did not find it even “remotely surprising” that Trump went after committee members’ records during the Russia investigation.“From my first days as part of the Russia investigation, I expected that eventually, someone would attempt this – I just wasn’t sure if it would be a hostile government or my own,” Quigley said.And the Florida congresswoman Val Demings, an impeachment manager in Trump’s first Senate trial, and who is now challenging Republican Florida Senator Marco Rubio for his seat, tweeted: “It is outrageous but not surprising. We have a former president with no regard for the rule of law or for those who enforce the laws.” More

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    Apple and Parler agreement could restore rightwing platform to App Store

    Apple said it had reached an agreement with Parler, the rightwing social media app, that could lead to its reinstatement in the company’s app store. Apple kicked out Parler in January over ties to the deadly 6 January siege on the US Capitol.In a letter to two Republican lawmakers in Congress, Apple said it has been in “substantial conversations” with Parler over how the company plans to moderate content on its network. Before its removal from the App Store, Parler was a hotbed of hate speech, Nazi imagery, calls for violence (including violence against specific people) and conspiracy theories.Apple declined to comment beyond the letter, which didn’t provide details on how Parler plans to moderate such content. In the letter, Apple said Parler’s proposed changes would lead to approval of the app.Parler did not immediately respond to a message for comment. As of midday Monday, Parler was not yet available in the App Store and Apple did not give a timeline for when it would be reinstated. According to Apple’s letter, Parler proposed changes to its app and how it moderates content. Apple said the updated app incorporating those changes should be available as soon as Parler releases it.Google also banned Parler from its Google Play store in January, but Parler remains available for Android phones through third-party app stores. Apple’s closed app system means apps are only available through Apple’s own App Store. On Monday, Google reiterated its January statement that “Parler is welcome back in the Play store once it submits an app that complies with our policies”.So far, this has not happened.Parler remains banned from Amazon Web Services. Amazon said in January that Parler was unable to moderate a rise in violent content before, during and after the insurrection. Parler asked a federal judge in Seattle to force Amazon to reinstate it on the web. That effort failed, and the companies are still fighting in court.The Republican political donor Rebekah Mercer has confirmed she helped bankroll Parler and has emerged in recent months as the network’s shadow executive after its founder John Matze was ousted as CEO in February. 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