Why Do We Share Fake News?

The underlying premise of this blog—indeed its title—is a rejection of the tech-utopian pursuit of more as a virtue unto itself.  It is true that the presumed benefit of more access to more content happens to be one of the commonly-alleged rationales for mass copyright infringement, but the destructive power of more goes far beyond the interests of authors of creative works. And we’re watching this destruction happen in real time.

That the current President of the United States can get away with labeling news he does not like as “fake news” is one consequence of our misguided faith in more—arguably the most prominent and acutely-negative result of information democratization. By contrast, the very subtle moment that inspired this blog was the day a friend of mine—well-educated and liberal—shared a story in 2011 that I knew to be false.  When I pointed out the inaccuracy, he countered that he cared more about the point of view being advocated than the legitimacy of the article.  Then, when I discovered how many places this same article had been re-published online, the name The Illusion of More became a thing.

But why do people share fake news? Why was my otherwise-reasonable friend unwilling to temper his eagerness to share a story that was simply untrue? “When someone chooses to share a fake news story on Facebook, Twitter, via text message, or on Whatsapp; when they post a conservative meme to their wall; or when they ‘like’ a YouTube video about a pro-Trump conspiracy theory, they may well be doing it to signal their identity and affiliate themselves with like-minded others,” writes Alice E. Marwick in a new academic paper titled Why Do People Share Fake News? A Sociotechnical Model of Media Effects.

An assistant professor in the Department of Communication at the University of North Carolina, Marwick does not fully answer her titular question, acknowledging that she and her colleagues are far from those conclusions. Instead, she describes the complexity of the fake news problem, recommending avenues for further research and a language for more accurately discussing the issues.

The term “fake news” itself is simultaneously too broad and too narrow,” says Marwick, who advocates the more general term problematic information to encompass the complex universe of “hoaxes, memes, YouTube videos, conspiracy theories, and hyper-partisan news sites,” which all contribute in different ways to the fun-house mirror version of contemporary society we see via social media. At the same time, she describes political news as “one ingredient in a bouillabaisse of photographs, personal stories, advertisements, movie trailers, celebrity gossip, sports news…,” asserting that “In social spaces, the traditional journalistic value of objectivity no longer makes sense: virtually every story is augmented with someone’s opinion.”

The literal meaning of “fake news” is typically an enterprise in which the creator of a spoof has no agenda other than to chum the waters of social media with click-bait in order to generate ad revenue. Often, these “stories” are polysemous, says Marwick, meaning they can be interpreted in divergent ways and, therefore, shared for opposing reasons. She writes the following about one of these false stories: “‘White Baseball Players Kneel in the 50’s [sic] to Protest Black Lynchings,’ could be interpreted in support of NFL player Colin Kaepernick’s position on Black Lives Matter, or it could be a refutation of the history of White racism.”

The polysemy of this untrue story might mean more revenue for the fake news-maker, but it certainly means more reinforcement of competing, phantom narratives driving potentially reasonable citizens further apart.  Or if the story was created by a malicious actor, like a Russian agent, then the division it sows is the intent of the spoof. Regardless, the lack of truth in the story does not stop its being shared by people for divergent reasons, and Marwick wants to better understand why this is the case.

Opening the Overton Window

At present, Marwick notes that the data does reveal that Republicans are swimming in a larger pond of problematic information than Democrats, but there is “still a plethora of false content that appeals to people with left-wing sensibilities.” By democratizing news (meaning anybody gets to produce it), we have widened the Overton window, “the range of political viewpoints that are socially acceptable in American society,” thereby fostering what Marwick describes as an often subtle correspondence between problematic information online and more mainstream outlets that will encode extremist views into moderate sounding reportage or messaging.

A good example of this occurred recently in my congressional district in Upstate New York. The white, Republican incumbent employed a rhetorical attack on his Black, Democratic challenger that likely would not have been attempted as recently as two years ago. Although the Democratic candidate is a pro-business attorney and Rhodes Scholar (qualities that might normally invite labels like “elitist”), the fact that he briefly dabbled in rap music early in his career inspired the incumbent Republican to assert that a “former rapper does not represent our rural values.”

The coded “former rapper” standing in for “Black man” cannot be seen as simply a consequence of Trumpism because Trump’s presidency itself is a manifestation of our having thrown open that Overton window long before he announced his candidacy. Instead, Marwick would likely identify the Republican’s rhetorical strategy as tapping into a “deep story,” in which the interests of rural Americans have allegedly been moved to the “back of the line” behind immigrants, refugees, people of color, etc. at the urging of liberal urbanites.

While this particular narrative may be grounded in the fact that, indeed, city-centric politics often do overlook the interests of rural citizens, the crazy, racist, and divisive aspects of this deep story have been reinvigorated and amplified by the diverse range of problematic information fed non-stop via internet platforms. The Illusion of More effect kicks in as consensus builds around repeated themes shared by like-minded people; and no amount of fact-checking, or even platform moderation per se, is going to dislodge misinformation from someone committed to finding evidence for his deep story.

And this folly knows no political loyalty. The “sudden” appearance of QAnon—a collective of conspiracy-minded Trump zealots who coalesced on chat boards like 4Chan—comprises both “right” and “left” identity types, but who share a common belief in a “deep state” conspiracy to which they imagine Trump stands in opposition. QAnon may be the main act in the center ring at the moment, but they are hardly the only clowns in the circus believing and spreading fake news. In fact, it would be a serious mistake—not to mention an arrogant one—to believe that disinformation is only aimed at, or effective upon, these caricatures. Take for example this statement:

“Morals, values, and identity will always defeat facts, reason, logic, and self-interest.”

If you think that reads like something out of a training manual for cult indoctrination or the Tao of authoritarianism, it actually comes from a slide deck created by Open Media to instruct its activists in the proper way to “frame” issues in support of—get this—digital rights! Think about that for a moment …

The fundamental premise of “digital rights” is that an “open internet” must thoroughly democratize speech and information because more information is inherently good for democratic society.  But Open Media states that the ideal way to evangelize these principles is to appeal to people’s emotions, because emotion will always defeat reason, thus contradicting the presumed value of information in the first place.

Intent of the Fakers Less Important Than the Effect of the Fakes

“…the networked nature of the internet and the ability to replicate and remix images, text, and video makes it impossible to determine where a particular idea, image, or meme originated, let alone pinpoint the intent of the author. This is particularly true considering the dominance of irony as an expressive and affective force in native internet content.”

To me, this statement by Marwick alludes to one of the most difficult problems in addressing the fake news disease—the often subtle correlation between the harmlessly entertaining and the poisonously effective. All those ironic, political memes (and I’ve shared a few) can have the tangible effect of eroding basic reason, even if the meme-maker was just going for laughs. “…messaging is reinforced through repetition; the more people see fake news headlines, the more likely they are to think they are accurate,” writes Marwick. “This is true even if the story is repeated in order to debunk it.”

In the seminal example of my friend sharing fake news in 2011, there was no way of knowing who had cut and paste the original “story” just like there is no way to know whether that political meme you just shared was made by some kid amusing himself or by a Russian hacker paid to make mischief or by some guy taking the wrong medication. But if we are indeed all steadily eroding our capacity for reason and widening the Overton window, Marwick warns that fact-checking is probably not the answer …

“Fact-checking is predicated on the assumption that people will change their mind [sic] when confronted with correct information,” writes Marwick, “which implies a very passive model of the audience … [but] this ignores a wide variety of social and cultural factors, and is not supported by empirical evidence. In fact, fact-checking may have the opposite effect of making stories ‘more sticky.’”

It is true that trying to get someone to reconsider a statement based on evidence alone is like trying to flick that nagging ball of Scotch tape from the end of your fingertips. The assumption that fact-checking is the antidote to fake news is derivative of the original, mistaken assumption that more information is the only solution to bad information. Marwick’s paper casts considerable doubt on the rhetoric that a society networked by information systems is inherently self-correcting, and it provides a conversation-starter that seeks a holistic approach to understanding why people share so much utter nonsense.

The why is important because it is largely a sociological or psychological inquiry rather than a purely technological—let alone legal—one.  As much as I advocate more platform responsibility in specific contexts, the fake news problem is not one we can blame solely on Facebook et al, or certainly expect these companies to solve for us. To the contrary, if Marwick’s line of inquiry is on the right track, it suggests that the question why is something most of us should constantly be asking ourselves.


Photo by NomadSoul1

In the News: Sarah Jeong, “Fake News”, & Fair-Use

It’s another one of those weeks when there’s stuff happening faster than I can write about any one thing. So, here’s a summary of a few items of note …

Anti-Copyright Ideologue Named Tech Writer at NYT

Twitter lit up yesterday with accusations that The New York Times has named a “racist” to its editorial board, citing anti-white tweets made by technology writer Sarah Jeong, who is Asian. These complaints read like a lot of whinging nonsense, taking Jeong’s comments out of the context in which she was apparently responding (albeit ill-advisedly) to racist or sexist remarks directed at her. (God, I love Twitter for the way it brings out our better angels.)

What is notable about Jeong as the Times’s new “lead writer on technology” is that she is an anti-copyright ideologue, who has written various articles and posts in a familiar, ill-informed style akin to Cory Doctorow. In February of 2016, I wrote a fairly extensive response to several errors she made in a Motherboard editorial predicting that copyright law might enable the Chinese government to disappear the famous “Tank Man” photograph from the internet.  It’s still online of course.

So, while I truly doubt Sarah Jeong is a racist and think the people labeling her as one should get a grip, I am equally skeptical that future NYT editorials on the intersection of technology and copyright will be well-balanced—or even accurate.

New Paper on Why People Share “Fake News”

Related to the above, I notice that the National Review site has two top stories featuring Sarah Jeong, the second of which is headlined “Yes, Anti-White Racism Exists.” This dumb and bogus narrative is what academic Alice E. Marwick would identify as a “deep story” in her new paper titled Why Do People Share Fake News? A Sociotechnical Model of Media Effects. Unable to fully answer that question yet, Marwick provides a complex nuanced framework for further discussion, identifying socio-cultural factors that cannot be overpowered by solutions like fact-checking.

Although the volume of what Marwick calls problematic information is greater among the contemporary “right” at present, the contemporary “left” is by no means immune to the underlying reasons why people are apt to believe and spread “fake news,” hoaxes, and other forms of disinformation. I’m working on a longer post summarizing Marwick’s paper, but for those interested, her full paper is here.

TVEyes Files for Cert at Supreme Court

Filing a petition for Supreme Court hearing in its ongoing litigation with FOX News, TVEyes hopes to get another shot at presenting arguments that failed in the Second Circuit in February of this year. Eriq Gardner for The Hollywood Reporter writes, “TVEyes’ attorney tells the Supreme Court that the 2nd Circuit decision conflicts with precedent and ‘creates a circuit split over a question of exceptional importance, including the proper balance under copyright law between the interests of a copyright holder and the First Amendment right to criticize and comment upon the copyright holder.’”

There is no brief to review yet, but that statement alone, taken from a request for an extension to file, does not seem to bode well for the Supreme Court granting cert for a couple of reasons. The first, as detailed in this post, is that the same appellate court that ruled in favor of Google Books also drew sharp distinctions between that case and TVEyes (ergo, maybe not so much of a split). The second reason is that it is consistent with precedent to hold that the First Amendment rights of users of a service do not automatically make the service itself non-infringing. This is a chronic argument made by tech-industry players, and as described in this post, courts generally take a dim view of corporations that attempt to “stand in the shoes” of their customers.

I’ll be surprised if SCOTUS agrees to review this case, but if it does grant cert, expect a storm of amicus briefs to follow.

EFF Honors Itself With Its Own Award

In a July 30 announcement, the Electronic Frontier Foundation named Stephanie Lenz, creator of the “Dancing Baby” video, among the recipients of this year’s Pioneer Award. “Stephanie Lenz’s activism over a home video posted online helped strengthen fair use law and brought nationwide attention to copyright controversies stemming from new, easy-to-use digital movie-making and sharing technologies.” Many of us will never experience the injustice of having a video removed and then restored to YouTube, but in that silent interval, when people could not watch Lenz’s baby boy dancing in the kitchen, her world—indeed the whole world—was just a little bit darker.

I wrote a post in October of 2016 summarizing the narrative of this decade-long EFFishing expedition; but suffice to say this award-earning “activism” did not even begin as a fair use case; “Fair-Use Champion” Stephanie Lenz stated her own ambivalence about the video remaining on YouTube; the fair use/DMCA argument itself is razor thin; and I would bet anything that, beyond us copyright watchers, “nationwide attention” sounds something like this: Oh yeah, didn’t Prince sue some mom? And that didn’t even happen.

So, in the same way that Stephen Carlisle described Stephanie Lenz as the “nominal plaintiff” in Lenz v. UMG, it seems reasonable to call her the nominal recipient of this award, which should rightly go to the EFF’s own Corynne McSherry for Outstanding Achievement in PR Through Boondoggle Litigation.

Implications of YouTube’s Copyright Match System

Last month, the European Union voted against key copyright enforcement provisions as part of its Digital Single Market initiative. Specifically, the proposal known as Article 13 called for the 28 member states to work with multiple stakeholders to develop and implement filtering technology that would, in theory, prevent unlicensed, copyrighted works from being uploaded onto user-content-supported platforms.

Article 13 was labeled by its opponents as a call for “censorship machines,” and as usual, the refrain was shouted from the rooftops that adopting any such filtering would lead to the end of free speech online and destroy “all that is good and pure” about the internet. To be sure, the tone and methodology of the campaign against these provisions reeked of Silicon Valley money and tactics, but whether you believe that or not, one talking point among critics stands out, which inspired this post: that the EU’s call for filtering would harm new creators.

Granted, “creator” in the rhetoric of groups like EFF includes literally anyone who posts anything online; but if we limit our data to that paragon of new creators—the successful YouTuber—YouTube itself made an interesting announcement almost concurrent with the defeat of Article 13. The platform launched its Copyright Match tool to protect YouTubers against unauthorized re-posting (freebooting) by other YouTubers.

Traditional rights holders have earned this moment of schadenfreude after being lectured to for years to get on the future bus and quit whining about their copyrights. They should follow the example of “new creators” working in “new models” that “bypass gatekeepers” and obviate the need for copyrights. Of course, it was inevitable that as YouTubers became entrepreneurs, they would feel entitled to the revenue from their labor (as they should) and that YouTube would have a vested interest in protecting the copyrights of its profitable video-makers—at least from other video-makers.

Using technical measures one might call “filters” (or dare we say “censorship machines”?), the new Copyright Match system works by identifying the first upload of a new video and associating that file with the presumptive owner of the work. Then, if and when matching videos are uploaded to YouTube, the original creator is notified and given the option to do nothing, to ask YouTube to remove the Match, or to get in touch with the uploader of the Match.

Hypocrisy Much?

If this sounds to the experienced observer like an intramural version of a take down/stay down provision achieved through technical measures, that’s because it is. And experienced observers probably remember that all previous proposals for take down/stay down, whether statutory or technological, have been labeled by industry-funded “activists” as internet-killing initiatives. In fact, during the May 2016 hearings about the DMCA, one of the dumb-but-effective talking points was that any mandate for such technical measures would “entrench” the market dominance of YouTube. (Yes, laughing through tears is the right response here.)

Traditional rights holders who have spent hours of their lives trying to identify and stop unlicensed uses of their works on market-dominating YouTube will quickly recognize the duplicity in launching Copyright Match. “Why should only their ‘chosen’ get access?” asks Grammy-winning composer Maria Schneider, one of many artists who will attest to the opaque and labyrinthine Content ID system rights holders theoretically use to track and control use of their works on YouTube.

What is not generally understood is that even getting access to Content ID varies wildly depending on a rights holder’s relative presence on YouTube and his/her interest in monetizing unauthorized uses vs. taking down unauthorized uses. Guess which one YouTube favors. Again, Schneider explains …

“YouTube always says that independents like me, to whom they’ve denied ContentID, can get access to the same tool via a third party. But what they don’t admit publicly is that this is only possible if we’re willing to monetize at least some of our work. So, independents like me, who want no part of monetization and simply want to block illegal uses of our works are just out of luck. And I might add that this technology we’re wanting to access has actually been around for twenty years—longer than YouTube has existed!

I spoke to an independent artist, who prefers to remain anonymous for fear of retaliation by YouTube’s Content ID group.  He does have Content ID and acknowledges that he’s probably a “thorn” in the side of YouTube’s Copyright Department team because he actively employs the system only to stop unlicensed uses of his compositions and sound recordings. And lest anyone think he’s responding to “new creators” making possible fair uses of his music, his most important Content ID-related takedowns have been aimed at global brands and Fortune 500 companies using his music for marketing purposes without a license.

It’s worth noting that the fact that this artist chooses to remain anonymous due to concern that YouTube would delete his Content ID account out of spite speaks volumes against every claim of tech-utopian bullshit Silicon Valley and its network of EFFing dissemblers have been slinging for years. As David Lowery explained in 2016, YouTube is a monopsony, a market with a single buyer, which means they get to make, break, and change the rules as often as they like, and the “sellers” can just eat it.

In this regard, it will be interesting to see if Content Match leads to disputes YouTuber-to-YouTuber and how the company will handle these, if it does. For instance, it is not clear at this point that YouTubers whose uploads are wrongly identified as “Matches” will have any kind of counter-notice remedy available to them.

Although the company’s video explaining the new system urges YouTubers requesting Match takedowns to “consider fair use,” it will be truly fascinating to see whether YouTube gives a damn about fair use among its own microcosm of creators. For sure, general users of the platforms have never been effectively dissuaded from uploading a wide range of files that could never qualify as fair uses.

None of this should be taken as a dig against YouTubers. To the contrary, I think many of them are brilliant artists and deserve to protect their interests and rights as much as any other creator. But this apparent initiative to protect their interests points to another aspect of YouTube’s ever-changing relationship to copyright enforcement and its relevance to the fight over Article 13.

Don’t Let the Internet Become YouTube?

Not that long ago, YouTube was consistently cited as the apotheosis of the utopian belief that the web will empower creators without gatekeepers—and without copyrights. But where this Copyright Match announcement becomes intertwined with the campaign against Article 13 is that some pundits against the proposal lately cite YouTube as a cautionary tale—asserting that the platform’s often-inconsistent application of copyright protection policies and technical measures is exemplary of what should not be done internet-wide pursuant to Article 13. The claim appears to be that because YouTube’s Content ID system has allegedly fostered rampant false strikes, resulting in unfair channel deletions, this generalized stifling is what the “entire internet would look like” if the EU moved forward with the kind of filtering proposed.

While there is certainly anecdotal evidence—some of it compelling—of Content ID error and abuse leading to improper strikes on YouTube, I have yet to see any evidence to support the claim that this problem is both rampant and increasing across the platform. As is often the case, activist groups or observers who have no skin in the game tend to exaggerate anecdotal evidence into statistical assumptions. Or as our anonymous artist puts it, “In 100% of the anti-Content ID statements I’ve ever heard over the years, 100% of the complainers had 0% vested interest in the system: they’re either Google-funded anti-copyright groups or individuals on some kind of personal crusade.”

In this creator’s direct experience with false identifications, he notes that “With about 100,000 Content ID claims in my dashboard since late 2012, I can say that YouTube has delivered me a mistaken ID about 10 times. The anti-copyright crowd will take that as evidence that the system needs to be dismantled or destroyed. I just don’t get it. The perfect shouldn’t be the enemy of the good.” And that’s for creators, who can avail themselves of Content ID, which does not include the creators identified by Maria Schneider who do not have access to any remedy via Content ID.

Competing Narratives

So, in context to the proposal that Article 13 filtering would “stifle new creators,” we have at least three narratives that compete and crisscross in ways that can be hard to track, if you’re not directly engaged with these systems. First, because Copyright Match is a response to YouTuber complaints about freebooting, it reveals that “new creators” don’t like copyright infringement when it happens to them (ergo copyright is not obsolete). Second, Copyright Match implies that filtering technology of this nature can be implemented without destroying a whole platform or stifling new creators. And third, Copyright Match is at least indicative of technology that could help non-YouTuber creators enforce their rights, but it will not be made available to them because it isn’t in YouTube’s interest to do so.

One thing the introduction of Copyright Match illustrates for sure is that creators are creators—whether traditional or new, they feel a sense of ownership in the products of their labor. And from this premise comes the foundation of copyright and systems for protection that will begin to make “new models” look a little more like “old models.” It’s what happens every time a business discovers it is codependent with talented people.