If Private Platforms Use Government Guidelines to Police Content, is that State Censorship?

YouTube’s decision to demonetize podcaster Bret Weinstein raises serious questions, both about the First Amendment and regulatory capture

 

Just under three years ago, Infowars anchor Alex Jones was tossed off Facebook, Apple, YouTube, and Spotify, marking the unofficial launch of the “content moderation” era. The censorship envelope has since widened dramatically via a series of high-profile incidents: Facebook and Twitter

This week’s decision by YouTube to demonetize podcaster Bret Weinstein belongs on that list, and has a case to be put at or near the top, representing a different and perhaps more unnerving speech conundrum than those other episodes.

Profiled in this space two weeks ago, Weinstein and his wife Heather Heying — both biologists — host the podcast DarkHorse, which by any measure is among the more successful independent media operations in the country. They have two YouTube channels, a main channel featuring whole episodes and livestreams, and a “clips” channel featuring excerpts from those shows.

Between the two channels, they’ve been flagged 11 times in the last month or so. Specifically, YouTube has honed in on two areas of discussion it believes promote “medical misinformation.” The first is the potential efficacy of the repurposed drug ivermectin as a Covid-19 treatment. The second is the third rail of third rails, i.e. the possible shortcomings of the mRNA vaccines produced by companies like Moderna and Pfizer.

Weinstein, who was also criticized for arguing the lab-leak theory before conventional wisdom shifted on that topic, says YouTube’s decision will result in the loss of “half” of his and Heying’s income. However, he says, YouTube told him he can reapply after a month.

YouTube’s notice put it as follows: “Edit your channel and reapply for monetization… Make changes to your channel based on our feedback. Changes can include editing or deleting videos and updating video details.”

They want me to self-censor,” he says. “Unless I stop broadcasting information that runs afoul of their CDC-approved talking points, I’ll remain demonetized.”

Weinstein’s travails with YouTube sound like something out of a Star Trek episode, in which the Enterprise crew tries and fails to communicate with a malevolent AI attacking the ship. In the last two weeks, he emailed back and forth with the firm, at one point receiving an email from someone who identified himself only as “Christopher,” indicating a desire to set up a discussion between Weinstein and various parties at YouTube.

Over the course of these communications, Weinstein asked if he could nail down the name and contact number of the person with whom he was interacting. “I said, ‘Look, I need to know who you are first, whether you’re real, what your real first and last names are, what your phone number is, and so on,” Weinstein recounts. “But on asking what ‘Christopher’s’ real name and email was, they wouldn’t even go that far.” After this demand of his, instead of giving him an actual contact, YouTube sent him a pair of less personalized demonetization notices.

As has been noted in this space multiple times, this is a common theme in nearly all of these stories, but Weinstein’s tale is at once weirder and more involved, as most people in these dilemmas never get past the form-letter response stage. YouTube has responded throughout to media queries about Weinstein’s case, suggesting they take it seriously.

YouTube’s decision with regard to Weinstein and Heying seems part of an overall butterfly effect, as numerous other figures either connected to the topic or to DarkHorse have been censured by various platforms. Weinstein guest Dr. Robert Malone, a former Salk Institute researcher often credited with helping develop mRNA vaccine technology, has been suspended from LinkedIn, and Weinstein guest Dr. Pierre Kory of the Front Line COVID-19 Critical Care Alliance (FLCCC) has had his appearances removed by YouTube. Even Satoshi Ōmura, who won the Nobel Prize in 2015 for his work on ivermectin, reportedly had a video removed by YouTube this week.

There are several factors that make the DarkHorse incident different from other major Silicon Valley moderation decisions, including the fact that the content in question doesn’t involve electoral politics, foreign intervention, or incitement. The main issue is the possible blurring of lines between public and private censorship.

When I contacted YouTube about Weinstein two weeks ago, I was told, “In general, we rely on guidance from local and global health authorities (FDA, CDC, WHO, NHS, etc) in developing our COVID-19 misinformation policies.”

The question is, how active is that “guidance”? Is YouTube acting in consultation with those bodies in developing those moderation policies? As Weinstein notes, an answer in the affirmative would likely make theirs a true First Amendment problem, with an agency like the CDC not only setting public health policy but also effectively setting guidelines for private discussion about those policies. “If it is in consultation with the government,” he says, “it’s an entirely different issue.”

Asked specifically after Weinstein’s demonetization if the “guidance” included consultation with authorities, YouTube essentially said yes, pointing to previous announcements that they consult other authorities, and adding, “When we develop our policies we consult outside experts and YouTube creators. In the case of our COVID-19 misinformation policies, it would be guidance from local and global health authorities.”

Weinstein and Heying might be the most prominent non-conservative media operation to fall this far afoul of a platform like YouTube. Unlike the case of, say, Alex Jones, the moves against the show’s content have not been roundly cheered. In fact, they’ve inspired blowback from across the media spectrum, with everyone from Bill Maher to Joe Rogan to Tucker Carlson taking notice.

“They threw Bret Weinstein off YouTube, or almost,” Maher said on Real Time last week. “YouTube should not be telling me what I can see about ivermectin. Ivermectin isn’t a registered Republican. It’s a drug!”

From YouTube’s perspective, the argument for “medical misinformation” in the DarkHorse videos probably comes down to a few themes in Weinstein’s shows. Take, for example, an exchange between Weinstein and Malone in a video about the mRNA vaccines produced by companies like Moderna and Pfizer:

Weinstein: The other problem is that what these vaccines do is they encode spike protein… but the spike protein itself we now know is very dangerous, it’s cytotoxic, is that a fair description?

Malone: More than fair, and I alerted the FDA about this risk months and months and months ago.

In another moment, entrepreneur and funder of fluvoxamine studies Steve Kirsch mentioned that his carpet cleaner had a heart attack minutes after taking the Pfizer vaccine, and cited Canadian viral immunologist Byram Bridle in saying that that the COVID-19 vaccine doesn’t stay localized at point of injection, but “goes throughout your entire body, it goes to your brain to your heart.” 

Politifact rated the claim that spike protein is cytotoxic “false,” citing the CDC to describe the spike protein as “harmless.” As to the idea that the protein does damage to other parts of the body, including the heart, they quoted an FDA spokesperson who said there’s no evidence the spike protein “lingers at any toxic level in the body.”

Would many doctors argue that the 226 identified cases of myocarditis so far is tiny in the context of 130 million vaccine doses administered, and overall the danger of myocarditis associated with vaccine is far lower than the dangers of myocarditis in Covid-19 patients?

Absolutely. It’s also true that the CDC itself had a meeting on June 18th to discuss cases of heart inflammation reported among people who’d received the vaccine. The CDC, in other words, is simultaneously telling news outlets like Politifact that spike protein is “harmless,” and also having ad-hoc meetings to discuss the possibility, however remote from their point of view, that it is not harmless. Are only CDC officials allowed to discuss these matters?

The larger problem with YouTube’s action is that it relies upon those government guidelines, which in turn are significantly dependent upon information provided to them by pharmaceutical companies, which have long track records of being less than forthright with the public.

In the last decade, for instance, the U.S. government spent over $1.5 billion to stockpile Tamiflu, a drug produced by the Swiss pharma firm Roche. It later came out — thanks to the efforts of a Japanese pediatrician who left a comment on an online forum — that Roche had withheld crucial testing information from British and American buyers, leading to a massive fraud suit. Similar controversies involving the arthritis drug Vioxx and the diabetes drug Avandia were prompted by investigations by independent doctors and academics.

As with financial services, military contracting, environmental protection, and other fields, the phenomenon of regulatory capture is demonstrably real in the pharmaceutical world. This makes basing any moderation policy on official guidelines problematic. If the proper vaccine policy is X, but the actual policy ends up being plus unknown commercial consideration Ya policy like YouTube’s more or less automatically preempts discussion of Y.

Some of Weinstein’s broadcasts involve exactly such questions about whether or not it’s necessary to give Covid-19 vaccines to children, to pregnant women, and to people who’ve already had Covid-19, and whether or not the official stance on those matters is colored by profit considerations. Other issues, like whether or not boosters are going to be necessary, need a hard look in light of the commercial incentives.

These are legitimate discussions, as the WHOs own behavior shows. On April 8th, the WHO website said flatly: “Children should not be vaccinated for the moment.” A month and a half later, the WHO issued a new guidance, saying the Pfizer vaccine was “suitable for use by people aged 12 years and above.”

The WHO was clear that its early recommendation was based on a lack of data, and on uncertainty about whether or not children with a low likelihood of infection should be a “priority,” and not on any definite conviction that the vaccine was unsafe. And, again, a Politifact check on the notion that the WHO “reversed its stance” on children rated the claim false, saying that the WHO merely “updated” its guidance on children. Still, the whole drama over the WHO recommendation suggested it should at least be an allowable topic of discussion.

Certainly there are critics of Weinstein’s who blanch at the use of sci-fi terms like “red pill” (derived from worldview-altering truth pill in The Matrix), employing language like “very dangerous” to describe the mRNA vaccines, and descriptions of ivermectin as a drug that would “almost certainly make you better.”

Even to those critics, however, the larger issue Weinstein’s case highlights should be clear. If platforms like YouTube are basing speech regulation policies on government guidelines, and government agencies demonstrably can be captured by industry, the potential exists for a new brand of capture — intellectual capture, where corporate money can theoretically buy not just regulatory relief but the broader preemption of public criticism. It’s vaccines today, and that issue is important enough, but what if in the future the questions involve the performance of an expensive weapons program, or a finance company contracted to administer bailout funds, or health risks posed by a private polluter?

Weinstein believes capture plays a role in his case at some level. “It’s the only thing that makes sense,” he says. He hopes the pressure from the public and from the media will push platforms like YouTube to reveal exactly how, and with whom, they settle upon their speech guidelines. “There’s something industrial strength about the censorship,” he says, adding. “There needs to be a public campaign to reject it.”

I watched Weinstein’s Youtube discussion of the mRNA vaccine with Robert Malone. As a physician, I didn’t find his discussion particularly convincing, nor that of Dr. Malone. Three or four hundred million people have now been vaccinated and we are not seeing a lot of serious side effects, which we would almost have certainly seen by now if there really was a problem. The issue, as I see it, is that Weinstein is making a living with his Youtube channel and obviously, he is motivated to increase his income by generating controversy. There’s a heck of a lot of content on Youtube and careful, well-reasoned discussion probably would generate less income than outlandish claims. As a physician, I’m used to reading medical journals and I have enough statistical training to evaluate the evidence. That’s not true for the majority of people exposed to this kind of programming. I’d have found Weinstein’s program a lot more interesting if he had brought on an active mRNA researcher to debate Dr. Malone. (I don’t think Dr. Malone is “in his dotage” at age 60, but he’s clearly not involved with this kind of work anymore.) Weinstein is a smart guy, but he’s not a physician, and not a virologist. His show needs to be a little more balanced if he wants to be taken seriously.

Check out Dr John Campbell , https://youtube.com/c/Campbellteaching he has over 1 million subs, talks about ivermectin all the time and is not demonetized. Why? Because of how he frames it, he is also a believer in vaccines.

Bret on the other hand has gone full Alex Jones with a messiah complex to boot! He has lost the fucking plot completely. Nothing he says makes sense anymore, it’s full on global conspiracy shit. He takes ivermectin live on air.. says he is not getting vaccinated but using ivermectin prophylacticly?.. it’s just totally over the top for a public channel and asking to be demonetized.

I think the reason there’s very little effort going into figuring out if ivermectin works is because we have vaccines that work so well and the fact that so many people got burned promoting early alternative treatments that turned out to be bullshit like hydroxychloroquine…. But I’m sure I’m wrong and Bret is the savior of humanity battling against big tech and the globalists behind the great reset! Maybe he should try and build back betterer his channel.

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The dangerous myth we still believe about the Lehman Brothers bust

The central error in the popular post-crisis consensus was the idea that naive believers in the self-policing efficiency of markets led us over the precipice. Greenspan was painted as the high priestof this laissez-fairy-tale delusion, and people seized on a moment when he appeared to plead guilty: Under the pressure of congressional questioning, he confessed to a “flaw” in his pro-market ideology. What Greenspan meant was that all belief systems — whether pro-government or pro-market — are imperfect. But that subtlety was lost. Quoted and requoted without proportion or context, Greenspan’s purported mea culpa threatened to define his legacy.

.. Bestsellers by two Nobel Prize-winning behaviorists — Daniel Kahneman and Richard Thaler — encouraged people to see the crisis as proof that this new science had been ignored, as did contributions from the sublime storyteller Michael Lewis.

.. Contrary to myth, Greenspan himself never believed that markets were efficient. In his youth, he wrote lucidly about bubbles and crashes and regarded market inefficiencies as so obvious that he sought to exploit them by day trading

.. As Fed chairman years later, Greenspan frequently reminded his colleagues that periods of prosperity could be punctured by “irrational exuberance” in financial markets.

.. political constraints, not intellectual failures, prevented policymakers from curbing the housing mania. Nobody remembers that in 2001 the Greenspan Fed banned the most abusive subprime mortgages, for the good reason that the ban was circumvented. But why was it circumvented? The answer is that the capture of Congress by financial lobbies ensured the balkanization of regulation into an alphabet soup of agencies, many of them underfunded and ineffective.

.. Nonbank mortgage lenders, for example, came under the authority of the Federal Trade Commission, which had no resources to conduct preemptive supervision. Small wonder that the sharp practices in the industry became egregious, or that nonbanks continue to dominate today’s mortgage business.

.. The Greenspan Fed also tried to force more capital into the banks it supervised, but it soon realized that this would drive risk-taking into various “shadow banks” that lay outside its authority

.. Greenspan also pushed for tougher regulation of the Federal National Mortgage Association and Federal Home Loan Mortgage Corporation (a.k.a. Fannie Mae and Freddie Mac), the government-backed mortgage giants, presciently observing that they posed “a systemic risk sometime in the future.” Fannie’s lobbyists hit back with a TV ad warning Congress not to back the Greenspan plan. That buried it.

.. The important lesson of the crisis is not that markets are fallible, which every thoughtful person knew already. It is that essential regulations — the sort that the supposedly anti-regulation Greenspan actually favored — are stymied by fractured government machinery and rapacious lobbies.

.. Even today, the financial system has multiple overseers answerable to multiple congressional committees, because all this multiplying produces extra opportunities for lawmakers to extract campaign contributions.

.. Vast government subsidies still encourage Americans to take big mortgages; Fannie Mae and Freddie Mac still operate, despite endless talk of breaking them up. And although post-2008 regulations have ensured that banks are better capitalized, the lobbyists are pushing back. Merely a decade after the Lehman bankruptcy brought the world economy to its knees, the Trump administration is listening to them.

Why the S.E.C. Didn’t Hit Goldman Sachs Harder

Why did no top bankers go to prison? Some have pointed out that statutes weren’t strong enough in some areas and resources were scarce, and while there is truth in those arguments, subtler reasons were also at play. During a year spent researching for a book on this subject, I’ve come across case after case in which regulators were reluctant to use the laws and resources available to them. Members of the public don’t have a full sense of the issue, because they rarely get to see how such decisions are made inside government agencies.

.. Kidney, for his part, came to believe that the big banks had “captured” his agency—that is, that the S.E.C., which is charged with keeping financial institutions in line, had become overly cautious to the point of cowardice.

.. The bank, IKB, was cautious enough to ask that Goldman hire an independent asset manager to assemble the deal and look out for its interests.

.. This is where things got dodgy. Unbeknownst to IKB, Paulson & Company improved its odds of success by inducing the manager, a company called ACA Capital, to include the diciest possible housing bonds in the deal. Paulson wasn’t just betting on the horse race. The fund was secretly slipping Quaaludes to the favorite. ACA did not understand that Paulson was betting against the security. Goldman knew, but didn’t give either ACA or IKB the full picture. (For its part, Paulson & Company contended that ACA was free to reject its suggestions and said that it never misled anyone in the deal.)

.. When S.E.C. officials discovered this, in 2009, they decided that Goldman Sachs had misled both the German bank and ACA by making false statements and omitting what the law terms “material details”—and that these actions constituted a violation of securities law.

.. When Kidney looked at the work that had been done on the case, he found what he considered serious shortcomings. For one, S.E.C. investigators had not interviewed enough executives. For another, the staff decided to charge only the lowest man on the totem pole, a midlevel Goldman trader named Fabrice Tourre

.. Charging only Goldman, he said, would send exactly the wrong message to Wall Street. “This appears to be an unbelievable fraud,” he wrote to his boss, Luis Mejia. “I do

.. The S.E.C. team had not interviewed Tourre’s direct superior, Jonathan Egol. Nor had they questioned top bankers in Goldman’s mortgage businesses or any of the bank’s senior executives. Even more surprising to Kidney, the agency had not taken testimony from John Paulson, the key figure at his eponymous hedge fund. It seemed to Kidney, as he reviewed the case materials, that the agency had spent more time and effort investigating much smaller insider-trading cases.

.. Part of the problem was that high-level Goldman executives had been savvier in how they communicated: when topics broached sensitive territory in e-mails, they would often write “LDL”—let’s discuss live.

.. In a December 30th e-mail, sent to the entire group investigating the deal, Muoio offered an explanation for what had happened during the bubble years: “Now that we are gearing up to bring a handful of cases in this area, I suggest that we keep in mind that the vast majority of the losses suffered had nothing to do with fraud and the like and are more fairly attributable to lesser human failings of greed, arrogance and stupidity of which we are all guilty from time to time.”

.. Kidney told me that he thought the S.E.C. could avail itself of a broader interpretation of securities law. He argued that the agency should file civil actions against top players at both the bank and the hedge fund under a concept called “scheme liability”—a doctrine of securities law that makes it illegal to sell financial products whose main purpose is to deceive investors.

.. Muoio, in a recent interview with me, dismissed Kidney’s complaints. “I cannot imagine any basis for claiming ‘regulatory capture,’ given that I have never worked in industry or finance and given the cases I have made, including very significant cases against banks, auditing firms, companies and senior executives,” he said.

.. But to Kidney, the driving force was something subtler. Over the course of three decades, the concept of the government as an active player had been tarnished in the minds of the public and the civil servants working inside the agency. In his view, regulatory capture is a psychological process in which officials become increasingly gun shy in the face of criticism from their bosses, Congress, and the industry the agency is supposed to oversee. Leads aren’t pursued. Cases are never opened. Wall Street executives are not forced to explain their actions.

Wall Street’s Sugar Mama

But Clinton offered a message that the collected plutocrats found reassuring, according to accounts offered by several attendees, declaring that the banker-bashing so popular within both political parties was unproductive and indeed foolish. Striking a soothing note on the global financial crisis, she told the audience, in effect: We all got into this mess together, and we’re all going to have to work together to get out of it. What the bankers heard her to say was just what they would hope for from a prospective presidential candidate: Beating up the finance industry isn’t going to improve the economy—it needs to stop.

.. Certainly, Clinton offered the money men—and, yes, they are mostly men—at Goldman’s HQ a bit of a morale boost. “It was like, ‘Here’s someone who doesn’t want to vilify us but wants to get business back in the game,’” said an attendee.

.. My guess is that in the speeches, Clinton likely acknowledges her various friends and acquaintances at Goldman Sachs (and other Wall Street firms) and praises them for the work they are doing.

Yes, it’s standard small talk. But it could look really, really bad in the context of the current campaign. Imagine a transcript of Clinton speaking to some big bank or investment firm where she thanks a litany of people she’s “been friends with forever” and then praises the broader enterprise for “all you do.”

In the hands of Sanders and his campaign team/supporters, that sort of thing could wind up being very problematic to Clinton’s attempts — already somewhat clumsy — to cast herself as a true progressive fighter for the 99 percent against the 1 percent. It might even prove deadly to those attempts.