Well, That Year Happened: Notes from Utopia

’Tis the season of glad tidings and Year-in-Review articles.  But those moods are decidedly incompatible. The crescendo of 2017 is more like a relentless cacophony of disaster scenes justifying the preponderance of the word apocalypse in so many social media comments.  It was indeed a hard contrast between the vibe of  “Winter Wonderland” and the image of a starving polar bear heralding an extinction caused by climate change that, if you check the EPA’s website, is no longer occurring.

I was also struck by the contrapuntal glimpses of Los Angelenos navigating a hellscape of un-containable wildfires, while in Northern California, members of Silicon Valley’s elite are lately gathering at an old hippie retreat called the Esalen Institute to chant and meditate some inner path back to their own humanity. Why?  Because, according to a recent article in the New York Times, they feel bad that their grand innovations and disruptions have not made the world a better place. And it’s keeping them up nights.

There is something just a tad Revelations-y in the mental montage juxtaposing horses on fire at one end of California and a conclave of guilt-ridden, insomniac techies sitting lotus position and muttering mantras at the other.  As my friend Tessa Lena suggests on her blog, these cyber wonks could just fast-forward to the realization that they were never messiahs in the first place—that their promise was always self-delusional.

Even Mr. Zuckerberg seems to be doing a bit of soul searching this year in light of incontrovertible evidence that his “people connecting” machine can so easily be manipulated to drive people apart and undermine democratic principles.  Sean Parker says he’s become a “conscientious objector” to social media, and former Facebook executive Chamath Palihapitiya says the platform is “ripping apart the social fabric” and that his own kids “aren’t allowed to use that shit.”

The counter-culture idealism of early Silicon Valley can be forgiven, as most idealism can, for its naiveté about the prospects of “better living through data.” (Without at least a little blind faith, ideas rarely produce anything at all.)  Less forgivable, though, is the fact that long after those nascent values had been corporatized (to borrow composer Zöe Keating’s word), the messianic rhetoric continued to assert that the internet is, on balance, a net positive for democratic principles. Until this year.

Unfortunately, we had to elect a Twitter troll to the highest office in the land, and usher in the post-truth era, for the press to grow weary of its infatuation with Big Tech and begin to write editorials on the theme that perhaps the internet has a few pitfalls as an instrument of democracy.  If you wonder how anyone can accept that a huckster like Donald Trump could presume to question the integrity of a public servant like Robert Mueller, I give you the democratization of information and culture brought to you by a mostly-liberal class of billionaires (no wonder some of them can’t sleep).

As stated many times, one reason I jumped into the copyright fight is that the counter-narrative on copyright is based on a classically naïve assumption among liberals that “knowledge” is a panacea.  If we boil down the arguments against copyright, they generally express variations on the theme that “knowledge and culture belongs to everyone—that authors’ rights are outdated and elitist in a digitally democratized world.” This sentiment was based on a mistaken assumption (one of many) that more diffusion of more content can only produce a freer, more democratic, and more enlightened society—especially now that the network has removed the barriers (the so-called gatekeepers) of distribution.

But this populist notion ignored several countervailing realities, not the least of which was that new authors of creative, informative, and cultural works were merely migrating to a new, truly monopolistic, brand of corporate gatekeeper (e.g. YouTube) without seeming to notice.  On the broader belief that the information revolution would yield a wiser, more moderated electorate (not to mention a “global village”), this utopian assumption overlooked the obvious fact that the barriers of distribution were lowered in all directions—that when “information” can be customized (or as a friend put it, when history becomes a choose-your-own-adventure story), society will naturally fracture into communities of competing realities rather than a democracy of competing ideas. Add to this the fundamentally dehumanizing nature of semi-anonymous, electronic interaction, where even decent people are prone to ad hominem, and viola—we get the incoherent and existentially precarious U.S. 2017 Edition.

But what now? Although the bloom is substantially faded from Silicon Valley’s rose, and the major platforms are having a harder time selling their “just a neutral platform” message, this does not mean anybody is at all clear as to what kind of policies might mitigate the problems that we’re now willing to admit exist.  In an article for The American Interest, Eileen Donahoe offers some thoughtful guidelines for at least defining terms and making clear distinctions about causes and effects.  For example, she writes …

“…even assuming the polarization effect of Facebook is substantial, the echo-chamber problem is distinctly different from the intentional manipulation of social media by foreign actors seeking to affect election outcomes. Delineating between inherent features and malign uses will help us define platform responsibilities and yield better solutions.”

I agree, though I’d amend that slightly because the evidence thus far presented about the “Russian hack” is less indicative that the goal was the election of Donald Trump so much as it was to sow discord among the American electorate. The intent, it seems, was to disrupt democracy itself by weaponizing free speech and turning us against one another.  And it has been a premise of this blog that social media was already fostering this toxic atmosphere long before we learned anything about meddling foreign entities.

What I suspect the Russian campaign truly reveals is that there is probably no set of policies, either by Congress or the platform owners, that can effectively protect us from our own worst instincts.  While it is certainly refreshing to at least hear Big Tech companies acknowledge some responsibility for a change, the ultimate responsibility for preserving our rather delicate brand of democracy still falls on us; and that probably means coming to terms with the ways in which these platforms are harmful to both reason and social interactions.

Yes, Facebook could take steps to recognize a foreign entity buying propaganda and weed this out up to a point—Senator Kennedy (R-LA) stated in the hearings that he was skeptical as to how much the company could truly control—but Facebook cannot stop Americans across the political spectrum from believing and disseminating absolute garbage—let alone acting on misinformation.

But the real challenge isn’t information quality itself.  Six years ago, what scared me most about about the bogus anti-SOPA campaign was the corresponding ebullience for “direct democracy,” the groundswell of populist sentiment that imagined the internet as the antidote to all the ills of government overreach and corporate oligarchy.  The illusion that direct, positive, and popular action via these platforms would overwhelm the worst excesses of government/corporate control became the meat of many self-congratulatory editorials and blogs. As asked at the start of this year, now that democracy is disrupted, how’s it looking so far?

Adding insult to this injury is the fact that the theater of direct democracy continues to rally people to the cause of the internet oligarchs themselves. This paradox is inherent to addressing any area of cyber-policy, and we see it repeated in the incoherent battle over Net Neutrality.  The problem is semantic. In a complex world reduced to bullet points, it’s almost impossible to identify, for instance, the specific vested interest of Google, whenever the general message is “Save the internet!” This has been the standard headline responding to every policy proposal from SOPA to SESTA to the TPP and Neutrality; and every time the bell is rung, people respond, “Yes! Please save the internet!” which is a naively generic vote to save the status quo of the internet. Thus, even people who are harmed by the current state of internet policy take action against their own interests.

Of course the internet is not synonymous with the business interests of Google or Facebook or Amazon or any other corporation. And the fact remains that the status quo of the internet writ large is, in many ways, not something worth saving. To the contrary, the prevailing body of internet policy, most of which was written before anyone could imagine the environment we have today, has fostered a wide range of unforeseen negative effects, the most dramatic of which are the now-manifest threats to democracy itself.

I neither know, nor indeed care, what the meditating minds at the Esalen Institute discover about their “Inner-Nets,” as one Googler-cum-guru puts it. If the leaders of these companies really want to make the world a better place, they might begin by taking their noses out of their navels, acknowledge the ways in which their technologies have made the world worse, and become responsible partners in mitigating measurable harm like human trafficking, IP infringement, harassment, ad hoc terrorism, and disinformation campaigns. But I wouldn’t hold my breath for the Big Tech pivot. In the meantime, maybe in the coming year, we might at least stop carrying Google’s water every time some meme demands that we “save the internet.”  Because, on balance, it’s a little hard to see quite how the internet is returning the favor by saving us from ourselves.

Really, DON’T Believe Anything You See on the Internet

When that cliché first entered our consciousness, it wasn’t really fair. The internet between the mid-90s and the mid-aughts wasn’t what it is today. It actually was just a dumb pipe through which content could could be delivered from creator to consumer in a new way. It was silly to imply that one should not believe a news story published by the Washington Post just because it was on a screen instead of  paper — and that principle still holds true for most professional journalism.

But now, every legitimate news source swims in the same stream with all the garbage—from raw clickbait to lazy aggregators to hackers purposely trying to exploit underlying divisions in democracies—and the tools of manipulation are so sophisticated that many of the manipulators themselves don’t have to be. With a little practice using software that anybody can steal, a kid can create a video that makes it look like Hillary Clinton said that “all veterans are pussies,” and…well, here we are.

“One of the things I did not understand was that these systems can be used to manipulate public opinion in ways that are quite inconsistent with what we think of as democracy.”

That’s what Alphabet (Google parent company) Executive Chairman Eric Schmidt said, recently quoted in an article on FastCompany. And in keeping with the theme of this post, I don’t know what to believe. Were Schmidt and the rest of the leadership at Google honestly so drunk on their own utopian rhetoric about how wonderful their systems are that they failed to imagine—to say nothing of observe—how their products could be toxic for democracy? Or did they recognize it and not care until they were forced to care amid the fallout from the investigations into Russian meddling?

Facebook’s founding president Sean Parker—he was also the co-founder of Napster—told Mike Allen of AXIOS in a recent interview that Facebook was designed to “exploit a vulnerability in human psychology” in order to keep people on the site as much as possible. Parker told Allen that the creators of Facebook understood what they were doing and did it anyway, though perhaps did not quite imagine what the results would be when a billion people voluntarily spend hours in Zuckerberg’s ant farm. “…it literally changes your relationship with society, with each other … It probably interferes with productivity in weird ways. God only knows what it’s doing to our children’s brains.”

How much has changed in such a very short time. It seems like only yesterday the cheerleaders of Silicon Valley, with all the confidence of Camel-smoking doctors, kept telling us just how good their products were for democracy and for society overall. All this goodness was packaged into a single generic word innovation, and anything that stood in the way of innovation—like maybe the rule of law—was bad. Now, all of a sudden, we hear a lot of “Wow, we had no idea our systems could be used to totally fuck up the world! We’ll get some people on that right away!”

Of course, these companies either will not or cannot fully address the underlying reasons why their systems can be so toxic; and Parker put his finger on it when he admitted that Facebook was designed to take advantage of human folly. Facebook may clean up its act in certain regards—I actually believe Zuckerberg wants to—and Congress may enforce some effective regulations upon these platforms; but none of this will address the flaw in human nature that makes us more susceptible to emotional triggers than we are to reason and information. That’s why the underlying promise of the information age—that information can only have a moderating effect on discourse and interaction—is proving to be untrue.

There’s something fundamentally harmful about taking complex topics and issues and transforming it all into advertising, but that’s essentially what a platform like Facebook or Twitter does. “The sad truth is that Facebook and Alphabet have behaved irresponsibly in the pursuit of massive profits,” writes Roger McNamee for The Guardian. “They have consciously combined persuasive techniques developed by propagandists and the gambling industry with technology in ways that threaten public health and democracy. The issue, however, is not social networking or search. It is advertising business models.”

McNamee, who is identified as an early investor in Google and Facebook, describes how the advertising revenue models of these platforms drive, for instance, Facebook to deliver content based on user preferences, creating feedback loops called “filter bubbles.” People have been writing about the filter-bubble problem for several years now, but I suspect the problem is far too subtle to expect that the platforms themselves, with or without legislative mandates, will solve it.

Amid the recent flurry of allegations of sexual assault, satirical posts have appeared on Facebook with photos of Tom Hanks and leads saying, “Dozens of women come forward to…” And then, you click on the story, and it completes, “…say that Tom Hanks is a really nice guy.” Variations on this gag appear all the time, like the reports that Keith Richards is still alive. But you can bet the beer money that any number of people just scrolling through a feed on their phone, perhaps waiting in the supermarket line right next the old-school tabloids, will come away with the impression that indeed Tom Hanks was implicated in some sexual abuse claim. Then, the rumor gets repeated to a friend, and that’s more or less the state of “information” in the digital age. It’s the National Enquirer at “Google scale.”

According David Roberts, writing for Vox, America is in the middle of an epistemic crisis, suggesting that at least many citizens are beyond the problem of separating fact from fiction and are instead living in a world in which facts simply don’t matter. It is a mindset he calls “tribal epistemology—the systemic conflation of what is true with what is good for the tribe.”

For the time being, analysis of the online media universe reveals this problem is more prevalent on the political right (see support of Roy Moore even if he did assault a teenager), but the political left is hardly immune to this kind of tribalism. In fact, this blog was inspired five years ago when I witnessed this exact behavior among left-leaning friends, who were willing to share false information because it supported the outcome they believed to be right. So, although it is somewhat encouraging that this year marks the turning point when internet platforms will no longer be given a free pass — either by lawmakers or the public — to simply do what they want “for the greater good,” that hardly addresses how we individually and collectively will learn to cope with “God knows what’s happening to our brains,” as Parker puts it.

Internet Association Reverses on SESTA. EFF Cranky.

I can’t say I was surprised when the Internet Association announced on Friday that the major internet companies would be halting their lobbying efforts against the Stop Enabling Sex Trafficking (SESTA) bill. While representatives for Google, Facebook, and Twitter were enjoying Day Three of occasionally intense inquiry by the Senate Judiciary Committee over foreign meddling in our politics via social media, one thing became abundantly clear: the generic defense that everything online is free speech isn’t going to fly. Not with lawmakers. And not with the American people, it seems.

The reversal on SESTA did rankle the EFF, though, which announced almost immediately that “the Internet Association does not speak for the web,” leaving us to conclude that, presumably, the EFF speaks for the web. Whatever that quite means. Perhaps what the “digital rights” group is most concerned about is that when SESTA passes, which it almost certainly will, people might notice the lack of chilling effect it will have on free speech and think, “Hey, maybe these guys who speak for the web are prone to exaggeration.”

After all, these organizations have spent a lot of energy telling Americans that the liability shield extended to online providers in Section 230 of the Communications Decency Act is the reason the web has thrived at all. And one way to understand the extent to which this is hyperbole is to note that the amended SESTA bill, which the Internet Association now backs, does not include any changes that would make it any less a “censorship bill” if it had ever been one in the first place.

In fact, the substantive amendments now agreed upon primarily provide for changes to Chapter 77 of the U.S. criminal code (Title 18), which addresses both criminal and civil litigation that may stem from acts of slavery and trafficking, including trafficking of minors for the commercial sex trade. One amendment tightens up the definition of “participation in a venture” that facilitates or profits from crimes committed under §1591 (sex-trafficking of children) by describing this as “knowingly assisting, supporting, or facilitating a violation of…”. The other major amendment to Chapter 77 adds a section to the civil remedies for all slavery and trafficking-related crimes—allowing State Attorneys General to file civil claims in federal court where such remedies may be appropriate.

The EFF insists that SESTA will place smaller entities, which don’t have the financial/legal resources of Google and Facebook, at greater risk of potential litigation by victims of sex trafficking. They further assert that, according to various experts on trafficking, SESTA will not help victims and may even place them in greater jeopardy.

SESTA Doesn’t “Go After” Anyone

It’s important to understand that the purpose of SESTA is not trafficking interdiction itself. All the change to the CDA really does is lower one narrowly-defined barrier for alleged victims of sex trafficking to potentially hold a web business liable, if their owners knowingly profit from their victimization as minors trafficked in the sex trade. That’s a lot of conditions and a fairly high burden to meet in a litigation. Yet, the EFF cites critics like Kristen DiAngelo of the Sex Workers Outreach Project (SWOP), which paints a picture of SESTA driving sex workers off the web and back onto the streets where they are more likely to be preyed upon by traffickers.

Organizations run by former victims should be afforded considerable respect with regard to their views on stemming trafficking; but I think DiAngelo misconstrues the nature of SESTA when she writes in her letter to Senator Thune, “To victims of sex trafficking, the idea of shifting liability to publishers for the actions of actual pimps and traffickers is terrifying.” But that isn’t what SESTA does. While I agree with Ms. DiAngelo that the broader spectrum of criminal justice vis-a-vis prostitution is often hypocritical and too frequently criminalizes victims rather than traffickers or customers, SESTA has nothing to do with criminal prosecution at all. It only slightly amends the landscape for civil action, and it should no more lead to a flood of lawsuits by trafficking victims anymore than we’ve seen mass litigation by victims of child pornography since the CDA became law in 1996.

To put it in practical terms, a group of sex workers could theoretically start their own website tomorrow and maintain that site without concern that SESTA has made them more vulnerable to litigation. As explained in an earlier post, the only issue of criminal or civil liability for Backpage* is whether its owners engaged in willful blindness, or worse, with regard to ads that either explicitly or implicitly promoted minors for sex. What SESTA does is actually limit the liability for the site owners who do take affirmative steps to weed out, mitigate, or report attempts to advertise minors on their platform. If SWOP were interested, for instance, in fostering safer online environments for sex workers, SESTA should actually be conducive to that effort.

Perhaps if the EFF would stop calling SESTA a censorship bill and explain in some clear example how this legislation could possibly cause any of the systemic problems they claim, theirs would be a counterpoint worth considering. Meanwhile, they may want to read the moods of both Congress and many citizens, who seem far less receptive to the universal “hands off my web” message that has prevailed up until now. The danger, of course, is that there may yet be an actual threat to free speech in digital space, and if that happens, who will speak for the internet? Surely not the organization that has cried wolf so many times.