With $B at Stake, NBA Not Sure Freedom is Worth It

How much is freedom and free speech worth to you? You may never know until it costs you something. That’s what the National Basketball Association and star players are discovering in the wake of a tweet-storm that began with a statement by Houston Rockets general manager Daryl Morey in support of the Hong Kong protestors. Because of the nearly 300 million NBA fans, political statements about China come with a price-tag.

First a little background. Hong Kong was a British colony for 99 years and was returned to Mainland China in 1997. China, known for its record of authoritarian rule and suppression of human rights, has been criticized by much of the Western World for imprisonment of dissidents and persecution of religious and cultural minorities. The current protests in Hong Kong have been widely embraced by those around the world who want China to end its battle against human rights.

In response to the tweet from Morey, the NBA issued its own statement calling it “regrettable.” A few days later LeBron James said that Morey spoke too soon, that he “wasn’t educated on the situation.” What situation exactly James was referring to is unclear.

LaBron has a history of speaking out about social issues here in the USA. If he believes that human rights deserve world-wide respect, he owes it to his fans, and to the people of China, to stand for the protestors in Hong Kong. Yes, standing up for human rights and free speech does come at a cost…in this case the cost is more than lucrative contracts and endorsement deals.

According to an editorial in Slate,

The league has certainly not covered itself in glory in its handling of the blowback over the Morey tweet and, in the process, reminded fans across the U.S. that the NBA is, at its core, still a profit-seeking international organization serving multiple constituencies of which the most important one is money.

Elliot Hannon

LeBron was right about one thing…before you wade into politics on social media you need to consider the cost.

Facebook Takes Down Political Ads…

..but not for reasons that you might suspect. According to an article in BuzzFeed, Facebook has taken down a slew of political ads from most of the leading Democratic candidates, and President Trump, for reasons that have some political observers shaking their collective heads.

The leading reason for taking down ads? Fake buttons. That’s right, building the appearance of an interactive button into your ad is grounds to have your ad “banned” by Facebook. And I have to say, as someone who has a personal vendetta against fake media player buttons (see below), this is a well deserved take-down.

Go ahead and click the “play” button…

Clicking on the Play button above doesn’t do anything (sorry to disappoint you) and if I were really sneaky I would have created a link to another website where I would have tried to sell you something.

But back to political ads…fake buttons is just the leading reason for being disqualified by Facebook. Other reasons include profanity, broken links (aka bad landing pages), and violating local disclosure rules.

The one thing that will not get your political ad banned from Facebook? Lying. That’s right, if your campaign makes a statement that doesn’t check out with reality…well, that’s left up to FB users to decide. So it’s on you to figure out who’s telling the truth. As they used to say in Ancient Rome, caveat emptor.

No Universal Right to be Forgotten

Alphabet, parent company of Google, won a legal victory this week. According to The Guardian newspaper, “in a landmark ruling on Tuesday, the European court of justice said search engine operators faced no obligation to remove information outside the 28-country zone. It however said search engines must “seriously discourage” internet users from going onto non-EU versions of their pages to find that information.”

The Right to be Forgotten is a concept that gained legal traction in 2014 when the European Union supported the request of an individual who wanted the search engine to scrub old, unflattering information from showing up in search results. Advocates for privacy argue that individuals should have the option to move on after an unfortunate experience or to be protected from false information that others have posted on line. But digital footprints are not easily swept away, at least not without the help of the big search engines…of which Google is the world leader.

“Google says it has received 845,501 ‘right to be forgotten’ requests in the past five years, leading to the removal of 45% of the 3.3m links referred to in the requests. Although the content itself remains online, it cannot be found through online searches of the individual’s name.”

The Guardian

According to the court’s ruling, “The balance between right to privacy and protection of personal data, on the on hand, and the freedom of information of internet users, on the other, is likely to vary significantly around the world.”

If You Build it They Will Come

If you build the most powerful propaganda platform in the history of communication and make it available for free to a global audience, don’t be surprise when anyone and everyone shows up to use (and abuse) your platform. That’s what social media giants Facebook, Twitter and Google are discovering as yet another attempt to manipulate users has been revealed.

According to recent reports, Twitter said it will no longer accept advertising from from “state-controlled news media entities” after it was discovered that China was attempting to use Twitter and Facebook to engage in orchestrated misinformation around the ongoing protests in Hong Kong. This comes on the heels of repeated reports of Russian use of social media to influence political campaigns and elections in the USA and elsewhere. 

The question now is whether these huge tech companies can put the genie back in the bottle. Or will regulation, new AI technology, or some other solution have to appear before we can feel confident that freedom and democracy are safe from the actions of nefarious state actors?

Content Moderation and Shadow Banning

If you’ve spent any time on social media you’ve no doubt seen and heard things that were offensive and, quite possibly, even dangerous. Assuming you live in the USA, you also know that the “constitutional” right to Free Speech is a well-established right that goes to the heart of who we are and what we value. The challenge then is to know the fine line between constitutionally protected speech, and speech that is so harmful or dangerous as to pose a credible threat to actual life or property.

Social media platforms know that they do not have an obligation to grant users their “constitutional” rights. While their very size and oligopolistic nature give us cause for concern, they are not the government* and users are free to pick and choose which platforms and services they want to use. Those platforms are, likewise, allowed to make policies that allow certain types of speech and disallow others. Users who fail to abide by those policies can be warned, suspended, or banned.

So what to do about reports that platforms like Facebook, Youtube, Twitter, and even Pinterest are banning or demonetizing users who have come to reply on these platforms for their livelihood? In extreme cases such as death threats, doxing, and online bullying/harassment, the actions taken by these social media platforms appear to be justified. But what about provocative posts that deploy humor or satire to make a political statement? And what about users who fail to adhere to a standard that is difficult (some say impossible) to understand because it is so subjective?

According to a recent essay by Will Oremus,

The underlying problem of our platforms is not that they’re too conservative or too liberal, too dogmatic or too malleable. It’s that giant, for-profit tech companies, as currently constructed, are simply not suited to the task of deciding unilaterally what speech is acceptable and what isn’t.

On top of this is the fact that these are global platforms struggling to satisfy laws and regulations in an extremely wide range of contexts. Political, cultural, religious, ethnic and racial differences make it nearly impossible to avoid offending some segment of a potential audience that could reach into the billions. And too often it is the loudest voices, regardless of the strength of their argument, that get the most attention.

Again, according to Oremus…

In a good legal system, decisions may be controversial, but at least the rationale is clearly laid out, and there’s a body of case law to serve as context. But when Facebook decides to de-amplify a doctored video of House Speaker Nancy Pelosi, or YouTube opts to demonetize Steven Crowder’s channel, there’s no way to check whether those decisions are consistent with the way they’ve interpreted their rules in the past, and there’s no clear, codified way to appeal those decisions.

So, if you’re easily offended by either gritty content or over-aggressive thought policing…or if you’re counting on a social media platform to help you build an audience and then treat you fairly when you want to push the envelope, remember…you get what you pay for.

*For more about the distinction between government and private industry and the legality of regulating speech, see this article by Reuters.

Without Journalists

I’ve been asking students in the Media & Society class to think about the future of newspapers/journalism/truth…in an age of smart phones and social media. As suspected, few read a newspaper and most get their news from their phones. That’s to be expected and there are many reasons why newspapers are fading into obscurity. But I’m constantly reminded that news reporting and journalism can not, and must not, die alongside newspapers. Here’s why…

Wondering about the future of journalism…

Without journalists we wouldn’t know that celebrities and wealthy business executives were involved in a scam to get their kids into elite universities. Fake test scores, made-up athletic achievements, and even photoshopped pictures of these kids were used to bribe coaches and administrators, and in so doing deprive worthy students of their seat at the table.

Without journalists we wouldn’t know what happened when a group of kids from a Catholic high school were confronted by a group of Black Hebrew Israelites and Native American protesters on the steps of the Lincoln Memorial. We might have heard a rumor or one person’s interpretation of what happened, but we wouldn’t have found out how it really went down.

Without journalists we wouldn’t know that Michael Jackson and R. Kelly have dark pasts and that swirling allegations of child sexual abuse may finally be brought to light and justice may finally be served.

Without journalists we wouldn’t know about the opioid epidemic, the risk that black mothers face in childbirth, and the horrific rise of teen suicide among Native Americans.

Without journalists we would only know what people in power want us to know…and that is a recipe for…disaster/dictatorship/destruction.

But we’re in a strange place where we know that we need journalists and journalism, but we can’t figure out how to pay for it. We’ve been free-riding on the backs of legacy media systems that are failing…and the rising role of digital platforms like Google and Facebook has not held out much reason for hope. But one thing is certain…we need to figure it out soon, or we’re going to pay a much steeper price in the future. If you think gaining knowledge is expensive, wait until you see how much ignorance costs!

Building Resistance to Brain Bugs

Last evening I had the pleasure to speaking on the topic of “fake news” at the Pikes Peak Library District 21c campus. The sponsors were PPLD, Pikes Peak Women, Citizens Project and Jody Alyn Consulting…and there was a good turnout for this second part to the three-part series.

The reference to “Brain Bugs” comes from the idea that we all have cognitive blind spots…biases that hinder our ability to process news and other sources of new information. Thanks to a suggestion of one of the sponsors of the event I recently read the book Thinking, Fast and Slow by Daniel Kahneman. I won’t go into detail here but the book really opened my eyes to the way that we process information. Spoiler Alert: we are not very good at critical thinking and the kind of careful analysis that is often required when confronted with news (real and fake), propaganda, advertising, etc.

I’ve posted on the topic of “fake news” in the past, but if you’re interested in what I said last night the presentation was audio recorded by folks at Studio809 and I understand that it will be made available on their website [www.studio809radio.com]

If you give it a listen, let me know what you think in the comments.

 

Spotify’s Values

Spotify provides a streaming music service to millions of users, and like any media platform is legally entitled to pick and choose which artists and content to carry and feature. In what is very likely a response to the #TimesUp and #MuteRKelly movements, Spotify’s recent decision has become the subject of debate by both artists and listeners.

According to Billboard magazine’s website,

As part of the new policy, Spotify also de-playlisted works by R. Kelly, who has faced a slew of sexual abuse allegations he denies but who “never has been convicted of a crime, nor does he have any pending criminal charges against him,” Kelly’s team said in a statement Thursday, noting that the “lyrics he writes express love and desire” while Spotify “promotes numerous other artists who are convicted felons, others who have been arrested on charges of domestic violence and artists who sing lyrics that are violent and anti-women in nature.”

To be clear, I’m not a fan of R. Kelly, or XXXTentacion, but this new policy by Spotify raises some important questions about how sanctions are applied to artists/performers who have been accused of bad behavior. In the past it was often a criminal conviction that was the tipping point that led to censure. But in the absence of a criminal charge, on what basis is Spotify making this decision? And will this move by Spotify be followed by similar action by Apple Music, RCA, and Ticketmaster: other entities that have a stake in Kelly’s music? And what about other artists that have been accused of mis-behavior?

Spotify is trying to make clear their decision-making process and published a webpage for artists that details what kinds of private behavior may lead to censure by the company. According to Spotify,

We don’t censor content because of an artist’s or creator’s behavior, but we want our editorial decisions – what we choose to program – to reflect our values. When an artist or creator does something that is especially harmful or hateful (for example, violence against children and sexual violence), it may affect the ways we work with or support that artist or creator.

This problem is not limited to Spotify and we can expect to see similar responses from social media sites, especially content-communities such as YouTube and Reddit, when cultural norms are breached and offended individuals/groups bring complaints.

 

 

 

Virtual Reality on 1A

This week the NPR radio show 1A featured Jeremy Bailenson, a professor at Stanford University, who believes VR has “the power to create empathy and change how we see the world.” Here’s the podcast…

Regulation of Cyberspace

Social media, and by that I mostly mean Facebook, is a mess. We all know that it wastes too much of our time, makes us more agitated and irritable than we should be, and collects information about us and uses that intel to manipulate us. We’ve known most of that for some time now. But seeing the undercover Channel 4 video of the Cambridge Analytica executives has shaken people who had been fully in the techno-utopian camp when it came to the internet and Web 2.0 services like Facebook, Twitter, and YouTube. Suddenly the brave new world of the internet doesn’t look so bright and shiny.

In preparation for teaching a unit on new media and regulation I was reviewing my notes about the history of regulation of the internet…which is pretty short. Not that there haven’t been attempts to regulate “cyberspace”…but as early observers already noted, the internet does not take kindly to outsiders telling it how to go about its business. The early credo, “The internet interprets censorship as damage and routes around it” is testimony to the structural logic of the internet and explains the technical challenge of controlling something that was built to withstand external attacks.

Much of the early rhetoric was hyperbolic and now seems a bit silly. As the luster and new-car-smell has faded, we look back on those early utopian ideals as innocent and naive. Here’s an example from 1996. The speaker/author of A Declaration of the Independence of Cyberspace is John Perry Barlow; a cattle rancher, techno-philosopher, and lyricist for The Grateful Dead.

While many of the early attempts to regulate were focused on the content of the internet, e.g. the Communications Decency Act, other legislation focused on intellectual property and piracy, e.g. SOPA and PIPA.

The most recent piece of legislation, H.R. 1865 aka FOSTA-SESTA, if signed by President Trump, will modify the 1996 Communications Decency Act Section 230 which has provided cover for internet companies and shielded them from legal repercussions related to the actions of users on their sites.

So, what does Facebook and Cambridge Analytica have to do with any of this? Simply that users are starting to question whether big internet companies can be trusted to do the right thing without oversight. (Others aren’t so sure).

But if it is time for regulators to tell Craigslist, Reddit, and Backpage (among others) to clean up their Personal/Massage/Dating ads in the interest of combating sex trafficking, perhaps it’s also time for regulators to tell Facebook when it is and isn’t okay to harvest and sell our data to political operatives.

No one naively believes that this will end the sex trafficking problem…just as no one believes that Zuckerberg’s promise to do a better job handling the personal data of 1.5 billion users will end the kinds of abuse exposed by last week’s investigative journalism. But it may be a start.

Update (April 9, 2018): Since this was initially posted, Craigslist has eliminated its Personals section as a response to FOSTA-SESTA. Also, the FBI shut down Backpage and charged its founder Michael Lacey. Backpage has seen strong growth after Craigslist closed its Erotic Services section in 2010.

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