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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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    Trump DoJ subpoenaed Twitter over Devin Nunes parody account

    The Trump administration subpoenaed Twitter for information related to a parody account that criticized Devin Nunes, a close ally to the former president, according to federal court records released on Monday.Investigating messages related to the parody Twitter account @NunesAlt, which poses as the California representative’s mother, the Department of Justice (DoJ) sought to identify the user behind the account, according to a motion to quash the subpoena.“It appears to Twitter that the subpoena may be related to Congressman Devin Nunes’s repeated efforts to unmask individuals behind parody accounts critical of him,” the document states.In 2019, Nunes filed a $250m lawsuit that accused the media giant of defamation while profiting from abusive behavior and language. The lawsuit also sued @NunesAlt and another parody account posing as the representative’s cow, @DevinCow.Last summer, a judge ruled that the representative could not sue Twitter, citing section 230 of the Communications Decency Act, which protects sites from liability for what users may post.Twitter has not complied with the demand to share the identities. A lawyer for the site said last summer it had no intention of doing so.In the DoJ investigation, a gag order prohibiting Twitter from talking about the subpoena was issued along with the document.According to the motion to quash the subpoena, Twitter asked the justice department for an explanation regarding the criminal investigation. The government said messages by the parody account were a possible violation of a federal statute that makes it a felony to use interstate communications to threaten to injure someone – but did not point to any tweet that made a threat.A Twitter account holder would typically be notified of any legal request – such as subpoenas, court orders or other legal documents – regarding their account, according to Twitter’s rules and policies. However, in this case, prosecutors got a court order in November to keep the subpoena secret, citing a fear that its disclosure could harm the investigation.On Tuesday, a Twitter spokesperson said the company was “committed to protecting the freedom of expression for those who use our service. We have a strong track record and take seriously the trust placed in us to work to protect the private information of the people on Twitter.”The user behind @NunesAlt wrote that the release of the court records was “the closest thing I’m gonna get to a Mother’s Day card”.He or she also quoted Eric Garcia, a Democrat running against Nunes in California, who referred to Nunes’s prominent opposition to the investigation of Russian election interference and links between Trump and Moscow.“So,” Garcia wrote, “the person who claims secret courts and organizations and trying to destroy our country tried to use a secret grand jury subpoena to find the identity of @NunesAlt. How many other times did Devin use the DoJ to try and attack private citizens?”A GoFundMe campaign has been created by the user behind @DevinCow to pay for the costs related to the congressman’s lawsuit against both parody accounts.“These parodies are anonymous on Twitter, however, they are real people behind these accounts who have retained attorneys to respond and fight these allegations in court,” reads the fundraiser description.By Tuesday, the fundraiser had raised more than $146,000.Nunes has filed several defamation lawsuits, including one against the political journalist Ryan Lizza and Hearst, which owns Esquire, over a 2018 article about his family farm. The lawmaker also filed a $435m libel suit against CNN over a report about his contacts with a Ukrainian prosecutor. More

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    Antitrust: Hawley and Klobuchar on the big tech battles to come

    Antitrust is hot. In February, the Minnesota senator Amy Klobuchar introduced the Competition and Antitrust Law Enforcement Reform Act of 2021. Weeks later, the Missouri senator Josh Hawley proposed the Trust-Busting for the Twenty-First Century Act. Both bills are pending before the Senate judiciary committee.Hawley and Klobuchar have both published books. Hawley offers The Tyranny of Big Tech, and Klobuchar Antitrust. There is plenty of overlap but the substantive and stylistic differences are glaring.Hawley takes pride in owning the libs. Klobuchar criticizes the Trump administration’s lack of antitrust enforcement. His book is barbed. Hers methodical.On 6 January, Hawley gave a clench-fisted salute to pro-Trump militants and voted against certifying the 2020 presidential election. On the page, he doubles down.Two weeks after the Capitol attack, Klobuchar told the presidential inauguration: “This is the day our democracy picks itself up, brushes off the dust and does what America always does.” She remains angry with Hawley and “Flyin’” Ted Cruz for the insurrection and its aftermath.Playing to type, Hawley has also provided the sole vote against a bill to crack down on anti-Asian hate crime and opposed renaming military bases named for Confederate generals. Roy Blunt, Missouri’s senior senator and the No 4 member of GOP Senate leadership, parted ways with Hawley on both. In the civil war, Missouri was a border state. A century and a half later, it looks like Hawley has picked the losing side.In his book, he upbraids corporate America, “woke capitalism”, Amazon, Google and Facebook. He demands that Google “be forced to give up YouTube and its control of the digital advertising market”.He would also have Facebook “lose” Instagram and WhatsApp, and accuses Amazon of destroying Parler, the conservative alternative to Twitter funded by Rebekah Mercer, a Hawley donor along with her father, Robert Mercer and other Trump acolytes.Hawley’s embrace of antipathy toward big business – even that in which he invests – is not exactly new.In 2008 he published a biography of Theodore Roosevelt, subtitled Preacher of Righteousness and approving of the 26th president’s relentless support for the little guy.Almost a decade later, as Missouri attorney general, Hawley launched an antitrust investigation of Google. Shortly after that, as a Senate candidate, he told Bloomberg News: “We need to have a conversation in Missouri, and as a country, about the concentration of economic power.”But Hawley is buffeted by contradictions. He has for example feted Robert Bork as a conservative martyr, even as Bork’s legal writings have served as intellectual jet fuel for those developments in the marketplace Hawley professes to abhor.The Tyranny of Big Tech makes no mention of the professor who wrote an influential anti-antitrust book, The Antitrust Paradox, in 1978, nine years before he was blocked from the supreme court.Klobuchar, by contrast, gives Bork plenty of face time.“For Bork,” she writes, “the accumulation of wealth in the hands of a few is not a relevant consideration for antitrust law.”Bork had issues with civil rights too. In 1963, when Jim Crow was still in full force, he branded what would become the Civil Rights Act of 1964 “legislation by which the morals of the majority are self-righteously imposed upon a minority”.In The Tyranny of Big Tech, Hawley also blasts corporate abuse of personal data and data mining – all while he looks to Peter Thiel of Palantir for donor dollars.Left unstated is that Palantir was embroiled in the Cambridge Analytica data scandal. Cambridge Analytica was owned by the Mercer family and Thiel was an early funder and board member of Facebook. The circle is complete.Hawley’s book can be viewed as plutocrat-populism in print. Tucker Carlson’s praise is blurbed on the jacket. Inside, Hawley defends Rupert Murdoch’s Fox News from purported predations by Mark Zuckerberg’s Facebook. Both Murdoch and Zuckerberg are billionaires many times over.Hawley is on stronger ground when he revisits the nexus between the Obama administration, Hillary Clinton’s campaign and Google. Eric Schmidt, then head of the company, was Obama’s chief corporate ally. On election night 2016, Schmidt, wore a Clinton staff badge, having spent months advising her campaign.In her book, Klobuchar furnishes an overview of the evolution of US anti-monopoly law and a call for rebalancing the relationship between capital and labor. She condemns corporate consolidation and wealth concentration, and views lax antitrust enforcement as antithetical to democracy.In a footnote, she commends Hawley for addressing the “turf wars” between the Department of Justice and the Federal Trade Commission, and their negative impact on antitrust enforcement. Unlike Hawley, however, Klobuchar vehemently disapproves of the supreme court’s Citizens United decision and characterizes it as opening “the floodgates to dark money in our politics”.In 2016, Dave Bossie, president of Citizens United, wrote an op-ed titled: “Josh Hawley for [Missouri] Attorney General”. In his maiden Senate race, Hawley’s campaign received $10,000 from the Citizens United Political Victory Fund.Unfortunately, Klobuchar goes the extra mile and calls for a constitutional amendment to overturn that decision. Her would-be cure is worse than the disease – an attack on free speech itself.The proposed amendment would expressly confer upon “Congress and the states” broad power to curtail campaign fundraising and spending. It also provides that “nothing in this article shall be construed to grant Congress or the states the power to abridge the freedom of the press”.Not so curiously, it is silent about “abridging the freedom of speech”, an existing constitutional protection. Media barons rejoice – all others start sweating.In 2020, Klobuchar came up way short in her quest for the Democratic presidential nomination. Now, she chairs the Senate’s antitrust subcommittee, where Hawley is a member.Both senators were law review editors: she at the University of Chicago, he at Yale. If Hawley has written a sort of campaign manifesto for the Republican presidential primary in 2024, Klobuchar’s book reads at times like an application for supreme court justice. It contains hundreds of pages of footnotes and pays repeated tribute to the late justice Louis Brandeis.Klobuchar also heaps praise on Stephen Breyer, a member of the court appointed by Bill Clinton and a former Harvard Law professor who in 1982 authored Regulation and Its Reform, a counter to Bork and the “Chicago School”.Klobuchar extends an array of “thank yous”. There is one for Jake Sullivan, her former counsel, now Joe Biden’s national security adviser; another for Matt Stoller, a former staffer to Bernie Sanders on the Senate budget committee and a sometime Guardian contributor; and another for Paul Krugman of the New York Times. All three come with definite viewpoints and are strategically placed.Increased antitrust enforcement by the DoJ, the FTC and the states appears to be more likely than wholesale legislative change. A government antitrust case against Google proceeds. Furthermore, Biden has already appointed two critics of big tech to key slots at the White House and the FTC. Who will lead DoJ’s antitrust division is an open question. Finding a suitable non-conflicted pick appears difficult.Klobuchar and Hawley will be heard from. Their books matter. More

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    In space, no one will hear Bezos and Musk’s workers call for basic rights | Robert Reich

    Elon Musk’s SpaceX just won a $2.9bn Nasa contract to land astronauts on the moon, beating out Jeff Bezos.The money isn’t a big deal for either of them. Musk is worth $179.7bn. Bezos, $197.8bn. Together, that’s almost as much as the bottom 40% of Americans combined.And the moon is only their stepping stone.Musk says SpaceX will land humans on Mars by 2026 and wants to establish a colony by 2050. Its purpose, he says, will be to ensure the survival of our species.“If we make life multi-planetary, there may come a day when some plants and animals die out on Earth but are still alive on Mars,” he tweeted.Bezos is also aiming to build extraterrestrial colonies, but in space rather than on Mars. He envisions “very large structures, miles on end” that will “hold a million people or more each”.Back on our home planet, Musk is building electric cars, which will help the environment. And Bezos is allowing us to shop from home, which might save a bit on gas and thereby also help the environment.But Musk and Bezos are treating their workers like, well, dirt.Most workers won’t be able to escape into outer space. A few billionaires are already lining upLast spring, after calling government stay-at-home orders “fascist” and tweeting “FREE AMERICA NOW”, Musk reopened his Tesla factory in Fremont, California before health officials said it was safe to do so. Almost immediately, 10 workers came down with the virus. As cases mounted, Musk fired workers who took unpaid leave. Seven months later, at least 450 Tesla workers had been infected.Musk’s production assistants, as they’re called, earn $19 an hour – hardly enough to afford rent and other costs of living in northern California. Musk is virulently anti-union. A few weeks ago, the National Labor Relations Board found that Tesla illegally interrogated workers over suspected efforts to form a union, fired one and disciplined another for union-related activities, threatened workers if they unionized and barred employees from communicating with the media.Bezos isn’t treating his earthling employees much better. His warehouses impose strict production quotas and subject workers to seemingly arbitrary firings, total surveillance and 10-hour workdays with only two half-hour breaks – often not enough time to get to a bathroom and back. Bezos boasts that his workers get $15 an hour but that comes to about $31,000 a year for a full-time worker, less than half the US median family income. And no paid sick leave.Bezos has fired at least two employees who publicly complained about lack of protective equipment during the pandemic. To thwart the recent union drive in Bessemer, Alabama, Amazon required workers to attend anti-union meetings, warned they’d have to pay union dues (untrue – Alabama is a “right-to-work” state), and threatened them with lost pay and benefits.Musk and Bezos are the richest people in America and their companies are among the country’s fastest growing. They thereby exert huge influence on how other chief executives understand their obligations to employees.The gap between the compensation of CEOs and average workers is already at a record high. They inhabit different worlds.If Musk and Bezos achieve their extraterrestrial aims, these worlds could be literally different. Most workers won’t be able to escape into outer space. A few billionaires are already lining up.The super-rich have always found means of escaping the perils of everyday life. During the plagues of the 17th century, European aristocrats decamped to their country estates. During the 2020 pandemic, wealthy Americans headed to the Hamptons, their ranches in Wyoming or their yachts.The rich have also found ways to protect themselves from the rest of humanity – in fortified castles, on hillsides safely above smoke and sewage, in grand mansions far from the madding crowds. Some of today’s super rich have created doomsday bunkers in case of nuclear war or social strife.But as earthly hazards grow – not just environmental menaces but also social instability related to growing inequality – escape will become more difficult. Bunkers won’t suffice. Not even space colonies can be counted on.I’m grateful to Musk for making electric cars and to Bezos for making it easy to order stuff online. But I wish they’d set better examples for protecting and lifting the people who do the work.It’s understandable that the super wealthy might wish to escape the gravitational pull of the rest of us. But there’s really no escape. If they’re serious about survival of the species, they need to act more responsibly toward working people here on terra firma. More

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    National Archives won’t be allowed to restore Trump’s tweets on the platform

    The National Archives will not be allowed to resurrect Donald Trump’s tweets on the social network, Twitter said on Wednesday, even in its official capacity as a record-keeping organization. However the archive is working to create a separate record of the former president’s tweets on his official library website.The former president has been permanently banned from Twitter since January, when the company became the first major social media platform to eject Trump after his behavior during the Capitol insurrection.The confirmation that Trump’s tweets cannot be revived for archival purposes, first reported by Politico, highlights the ongoing debate on what should become of Trump’s digital legacy. In the weeks and months after, many free speech advocates have argued there should be a public record of what the president has said – even if it is no longer allowed on the platforms where he frequently posted controversial and hateful rhetoric.In the past the National Archives, an independent agency charged with preserving government and historical records, has maintained living records of other significant Twitter accounts by linking back to the accounts themselves from its presidential websites. That means users can interact with them, including retweeting and favoriting them.For example, National Archives maintains the Twitter account of the former first lady Melania Trump, @flotus45, as well as the former Trump administration account @whitehouse45.This will not be the case with Trump, according to the Politico report, though the National Archives is in the process of preserving tweets from the @realDonaldTrump “as is standard with any administration transition”, said Twitter spokesperson Trenton Kennedy, according to Politico.“Given that we permanently suspended @realDonaldTrump, the content from the account will not appear on Twitter as it did previously or as archived administration accounts do currently, regardless of how Nara decides to display the data it has preserved,” Kennedy said. “Administration accounts that are archived on the service are accounts that were not in violation of the Twitter Rules.”The National Archives will still be making Trump’s tweets visible, including those that Twitter has taken action against. It is working out the best way to do so, said the Nara spokesperson James Pritchett. It is possible the tweets could be saved by screenshot rather than by linking to a live account.“Twitter is solely responsible for the decision of what content is available on their platform,” Pritchett said. “Nara works closely with Twitter and other social media platforms to maintain archived social accounts from each presidential administration, but ultimately the platform owners can decline to host these accounts. Nara preserves platform independent copies of social media records and is working to make that content available to the public.”Facebook and YouTube also banned Trump after the Capitol attack. YouTube has said it would reinstate Trump after the “risk of violence has passed” and Facebook’s third-party review board is debating whether and when the former president can return. More

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    Biden plans to spend $100bn to bring affordable internet to all Americans

    Joe Biden’s massive infrastructure bill will prioritize broadband expansion as a top goal, earmarking $100bn to bring affordable internet to “all Americans” by 2029.The plan, details of which the White House released in a fact sheet on Wednesday afternoon, seeks to reach “100% high-speed broadband coverage” across the US. It will do so while prioritizing broadband networks “owned, operated by, or affiliated with local governments, non-profits, and cooperatives” in a clear rejection of partnerships with big tech firms.After Covid-19 forced many Americans to work and attend school from home, the disparities between Americans with and without reliable access to internet have become more visible, the Biden administration said, citing “a stark digital divide”.“The last year made painfully clear the cost of these disparities, particularly for students who struggled to connect while learning remotely, compounding learning loss and social isolation for those students,” the administration wrote.Biden’s $2tn plan addresses four major categories: transportation and utility grids, broadband systems, community care for seniors, and innovation research and development. The proposal would be paid for by permanently raising the corporate tax rate from 21% to 28%, according to sources cited by Politico.The administration seeks to bring broadband to the 35% of rural Americans who lack access to internet at minimally acceptable speeds, calling it the “electricity of the 21st century” and comparing it to the 1936 Rural Electrification Act, which sought to bring electricity to every home in the US.The billions in broadband funds include money set aside for building internet infrastructure on tribal lands, which will be created in consultation with tribal communities, the administration said. Civil rights and internet freedom advocates celebrated the announcement on Wednesday.“The President’s broadband announcement is a win for every family and business in America, in every part of the country,” said James P Steyer, founder and CEO of Common Sense, a nonprofit digital advocacy group. “Broadband for all is a policy whose time has come.”The $100bn dedicated to broadband dwarfs funds proposed in other bills addressing the digital divide. Earlier in March, James E Clyburn of South Carolina and Amy Klobuchar of Minnesota announced their own bill that would invest $94bn to close the digital divide. That bill was widely endorsed by human rights groups.In a statement on Wednesday, House speaker Nancy Pelosi praised the bill’s “significant” investment plan for broadband access and said she was hopeful the bill would see support from Democrats and Republicans.“Investments in infrastructure have long been bipartisan, and in that spirit, we hope to craft and pass a historic package to Build Back Better: creating jobs, justice and opportunity for all,” she said. More

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    Donald Trump uses new website to rewrite history of his presidency

    Donald Trump has launched a new website celebrating his time as US president that includes a very selective retelling of the history of his time in office.45office.com is billed as a platform for his supporters to stay in touch and a place where Trump will continue his “America first” campaign.The centrepiece of the site is an 885-word history of the Trump presidency, listing the achievements of what it describes as “the most extraordinary political movement in history”.In a hyperbolic opening paragraph, it says he dethroned political dynasties, defeated “the Washington establishment” and “overcame virtually every entrenched power structure”.The history does, however, omit several significant moments from Trump’s presidency.On the economy, the site says: “President Trump ushered in a period of unprecedented economic growth, job creation, soaring wages, and booming incomes.” Trump frequently described his administration as building “the greatest economy in the history of our country”, a claim repeatedly debunked. It also fails to note that during the pandemic last year the US economy suffered one of its worst financial crashes.The US recorded the world’s largest coronavirus death toll on Trump’s watch, but the website describes his handling of the pandemic as a success, saying: “When the coronavirus plague arrived from China, afflicting every nation around the globe, President Trump acted early and decisively.” It neglects to mention that Trump had in fact described coronavirus as a problem that’s “going to go away” five times in March 2020, even as case numbers rose.Also absent is that Trump became the first US president in history to twice face impeachment trials in Congress. And that he was the first US president in over one hundred years to lose the popular vote twice. Hillary Clinton secured 2.8m more votes than Trump in 2016, and Joe Biden’s 2020 margin of victory was even larger, at 7m votes.Nor does it mention that he became the first major world leader to be banned from social media platforms such as Facebook and Twitter while in office after they deemed he had used their sites to cite an insurrection. The Capitol riot, which led to the loss of five lives, also does not warrant a mention.The website’s homepage boasts that “the office of Donald J Trump is committed to preserving the magnificent legacy of the Trump administration, while at the same time advancing the America first agenda”.It also promises that “through civic engagement and public activism, the office of Donald J Trump will strive to inform, educate, and inspire Americans from all walks of life as we seek to build a truly great American future”.Trump retains significant influence over the Republican party despite his loss in the 2020 election and has hinted at a possible presidential run in 2024. He has also started actively backing Republican candidates who may be able to unseat fellow party members Trump feels were disloyal to him by failing to back his baseless claims of election fraud last year.In an interview with Fox News this month, Jason Miller, a former Trump campaign spokesperson, said that following his bans from Twitter and Facebook, Trump would launch his own social media platform in the next few months. More