that’ss eyes that are for people who are
actually suffering minorities be like no
no this is not cool so she’s not saying
this from small blogs I’m not seeing
this from anything main strike yep
correct because mainstream they’re
always gonna cover for this that right
100% of the time yeah they’re gonna
cover their the thing about those blogs
is like a lot of them are basically like
Ari Shaffir refers to them as like
college papers yeah it’s like a lot of
these blogs so a college student written
yeah but they’re often speaking truth oh
yeah well I would hope I would hope more
would come out and say hey you can’t say
you’re Native American just like like
you imagine the outrage if I just
started call myself African American
well do you know what did you see what
Trump said he said well I can’t call her
Pocahontas anymore because she’s not an
Indian and I’m just like oh my god we’re
not worthy he says some hilarious shit
oh yeah he really does he really does
he’s fucking funny off-the-cuff oh yeah
really is you know and the way he goes
after people like even though he’s the
president like he still calls people
fucking losers I mean he’s still he
still caused him losers on Twitter and
goes after them horse face horse face he
called star McDaniels horse face just
think of how repulsive he is physically
he’s fat his faces all fuckin hanging
off of his bones he’s got white raccoon
eyes and orange skin and yet he still
will mock stormy Daniels and call her
horse face someone tweeted out I forget
who and I apologized the thing he said
they go imagine what happens that he
Trump’s the first person who fucked a
porn star and she had to brag about it
and then she paid him yeah yeah well he
did pay her right but what he paid her
what she’s gonna have to pay him is
probably like a factor of three or fours
I mean how much more she’s gonna wanna
pain yes for 350k that’s all he asked
for you uh that’s proved very reasonable
yeah that doesn’t even cover her book
yes that’s probably like he just wants
just be done like that yet it just yet
give me that paper yeah just give me a
little something I need a little
something from you
with this let this slide I want 300,000
yeah yeah it’s probably her book that’s
really all the money no she got more
than 350 I’m positive
how much you think she got for that book
750 I’d guess yeah but she’s got to pay
and her agents getting 15 yeah she’s
probably not even bringing three home so
it’s all that’s money’s gone oh yeah
that’s all gone all gone 100% gone and
no one’s buying that book it stiffed
yeah yeah nobody gives a shit
she said it already like I fucked the
president that’s your book your book as
I fucked the president well you know
here’s the funny part with her remember
this people she was making fun of his
dick like she’d hit a mushroom deck
whatever and people are like that’s what
and then people were like that you know
as fucked up as he is that’s body
shaming he really shouldn’t make fun of
someone and she’s like you know what
you’re right I’m sorry
and then he goes hey horse face she lost
his fucking mushroom dick at like the
next day she’s back on it it was amazing
The fact that he can call her horse face
and he’s the president on twitter..
But she doesn’t even have a horse face.
It doesn’t matter. I know but it’s just
so weak I mean Ted Cruz really isn’t the
Unabomber or whatever the fuck you said
he was say that that’s the name they
cease is that Jeff gay fucking it’s also
crazy that was the best part so ted
cruz’s was known as like the best
debater in the senate he had this
Harvard or Yale whatever debating team
great debater everyone we recognized him
for this how did the fuck do you prep
for a debate be like oh yeah well your
dad shot JFK it’s like what the fuck
wait what well It didn’t have to make
sense right people the people that hurt
Trump supporters don’t want to make
sense they just want him to win right
right exactly and it works yes yeah well
he’s just had to get zingers in oh yeah
yeah I mean it’s like roast battle more
than right and they don’t get that there
was this my favorite tweet of his my
favorite where he goes whenever I speak
of the losers and the haters I do so
with great affection it’s not their
fault they were born fucked up at
exclamation point that’s a real tweet
tweet it’s the best one
and it’s true yeah you know one of my
favorite things was him at a speech
where he was talking it was 2015 before
he even talked about running for
president or it was even I don’t think
he was a hundred percent open about
running for president and he said
there’s two ways to talk to China you
could you know could prose things you
could propose things and he says it like
you know normally and then he says or
you could say listen motherfucker yeah
you heard that no oh my god it’s great
fucking pull it it’s it’s fucking great
because everybody starts cheering yeah
because it’s so forbidden in this
environment wearing an expensive suit
standing in front of a podium he says or
you could say listen motherfuckers like
this is what we’re gonna do and
everybody started yeah it’s so exciting
it’s so much more exciting then Marco
Rubio or you know someone boom Jeb is a
waste jam is a big fat mistake I watched
those videos which speech he wasted June
of 25th now when he said mother when
he’s just just not speech when he’s
talking about China and he said listen I
the fuckers China China China yeah that
was a thing Puerto Rican when he ordered
I’m announcing a ban on all Muslim
immigration Muslim here this is a great
one do this because it’s leadership this
time instead of with his name in gold
it’s with his words this is discussing
Iraq we build a school we build a road
they blow up the road they blow up the
school we build another school we build
another road they blow them up we build
again in the meantime we can’t get a
school built in Brooklyn do the
audience’s approval talking oil we have
nobody in Washington that sits back and
said you’re not going to raise that
price you understand me
this is a long time ago sing Chinese
goods here’s your mother we’re gonna tax
you 25% while poles 2011 is that what it
says over there yeah but here’s what’s
interesting notice the person who posted
their name is say no to racists yeah
they probably put it up as a negative
well no 2011 he would have been
considered a Democrat right oh no he’s
endorsed Romney he endorsed Romney
Republican race he was a Democrat until
what 2010 probably around then because
he was gonna run independent at some
point Trump 2012 look at that this is
the guy we’ve been looking for ha ha ha
seven years ago but it’s just deplorable
what changed it they probably damaged it
in the future because it says seven
years yeah fuck that’s the time travel
that hack join read uh yeah someone did
it someone definitely hacked it yeah
just hilarious they didn’t give the good
version of that either because they
believed in it well not just that
because you also see if you can find the
better version because he basically
practices it like you know people been
saying it like this right you can say it
like this or you can say listen you
motherfuckers and that’s when everybody
starts cheering he actually gave an
example yeah he actually guys what can
you do yeah so easy I drop a twenty five
percent tax on China
and you know I said to somebody that is
really the messenger the messenger is
important I could have one man saying
way to tax you 25% and I could say
another listen you motherfuckers brooder
Here’s how the Press lies on the campaign
trail he set a point I remember it was
the sense of it goes you better shut
your mouth so he didn’t say the word
mm-hmm they bleeped it and they bleeped
it to make it look like he was cursing
and he’s like you guys are fucking shady
that’s very Shady yeah that’s Shady you
can’t just bleep a pause and pretend
that there’s some sort of an offensive
word in there right so that’s really
that’s just deceptive right and it’s
pervasive they do it all the fucking
well who’s good out there to challenge
him they’re fucked all right fuck you
know why they’re fucked why because
we’ve never had this happen before the
whole time all those Democrats are
fighting each other for the primary for
the nomination he’s gonna be tweeting
the shit out of those debates he’s gonna
be live tweeting the debates right and
they’re not gonna they have to worry
about the tax from their colleagues but
also from the sitting president I was
like look at this dope and he’s gonna
come up with nicknames right now this
stick Danang dick he already did I’m
like it’s amazing to demand dick
Blumenthal senator from Connecticut lied
about his Vietnam service oh no I
started calling him Danang dick he lied
about his Vietnam service so got elected
shameless yeah how did he lie what did
he say he said he served and he didn’t
look it up yeah I mean it’s it’s it is
brazen it wasn’t some ambiguous area I
think he’s like he never left America is
my understanding oh yeah
In a vintage return to his confrontational style, Sen. Ted Cruz indicated that Republicans could seek to block a Democratic president from filling the vacant Supreme Court seat indefinitely.
After staking his endorsement of Donald Trump on a list of potential conservative Supreme Court nominees, Cruz said on Wednesday that there is precedent to limiting the Supreme Court to just eight justices. Last week, Cruz’s colleague, Sen. Jeff Flake (R-Ariz.), suggested the GOP should confirm President Barack Obama’s nominee, Merrick Garland, to avoid having to swallow a more liberal nominee under Hillary Clinton.
Mark’s influence is staggering, far beyond that of anyone else in the private sector or in government. He controls three core communications platforms — Facebook, Instagram and WhatsApp — that billions of people use every day. Facebook’s board works more like an advisory committee than an overseer, because Mark controls around 60 percent of voting shares. Mark alone can decide how to configure Facebook’s algorithms to determine what people see in their News Feeds, what privacy settings they can use and even which messages get delivered. He sets the rules for how to distinguish violent and incendiary speech from the merely offensive, and he can choose to shut down a competitor by acquiring, blocking or copying it.
Mark is a good, kind person. But I’m angry that his focus on growth led him to sacrifice security and civility for clicks. I’m disappointed in myself and the early Facebook team for not thinking more about how the News Feed algorithm could change our culture, influence elections and empower nationalist leaders. And I’m worried that Mark has surrounded himself with a team that reinforces his beliefs instead of challenging them.
The government must hold Mark accountable. For too long, lawmakers have marveled at Facebook’s explosive growth and overlooked their responsibility to ensure that Americans are protected and markets are competitive. Any day now, the Federal Trade Commission is expected to impose a $5 billion fine on the company, but that is not enough; nor is Facebook’s offer to appoint some kind of privacy czar. After Mark’s congressional testimony last year, there should have been calls for him to truly reckon with his mistakes. Instead the legislators who questioned him were derided as too old and out of touch to understand how tech works. That’s the impression Mark wanted Americans to have, because it means little will change.
Facebook’s dominance is not an accident of history. The company’s strategy was to beat every competitor in plain view, and regulators and the government tacitly — and at times explicitly — approved. In one of the government’s few attempts to rein in the company, the F.T.C. in 2011 issued a consent decree that Facebook not share any private information beyond what users already agreed to. Facebook largely ignored the decree. Last month, the day after the company predicted in an earnings call that it would need to pay up to $5 billion as a penalty for its negligence — a slap on the wrist — Facebook’s shares surged 7 percent, adding $30 billion to its value, six times the size of the fine.
The F.T.C.’s biggest mistake was to allow Facebook to acquire Instagram and WhatsApp. In 2012, the newer platforms were nipping at Facebook’s heels because they had been built for the smartphone, where Facebook was still struggling to gain traction. Mark responded by buying them, and the F.T.C. approved.
Neither Instagram nor WhatsApp had any meaningful revenue, but both were incredibly popular. The Instagram acquisition guaranteed Facebook would preserve its dominance in photo networking, and WhatsApp gave it a new entry into mobile real-time messaging. Now, the founders of Instagram and WhatsApp have left the company after clashing with Mark over his management of their platforms. But their former properties remain Facebook’s, driving much of its recent growth.
.. When it hasn’t acquired its way to dominance, Facebook has used its monopoly position to shut out competing companies or has copied their technology.
The News Feed algorithm reportedly prioritized videos created through Facebook over videos from competitors, like YouTube and Vimeo. In 2012, Twitter introduced a video network called Vine that featured six-second videos. That same day, Facebook blocked Vine from hosting a tool that let its users search for their Facebook friends while on the new network. The decision hobbled Vine, which shut down four years later.
Snapchat posed a different threat. Snapchat’s Stories and impermanent messaging options made it an attractive alternative to Facebook and Instagram. And unlike Vine, Snapchat wasn’t interfacing with the Facebook ecosystem; there was no obvious way to handicap the company or shut it out. So Facebook simply copied it.
Facebook’s version of Snapchat’s stories and disappearing messages proved wildly successful, at Snapchat’s expense. At an all-hands meeting in 2016, Mark told Facebook employees not to let their pride get in the way of giving users what they want. According to Wired magazine, “Zuckerberg’s message became an informal slogan at Facebook: ‘Don’t be too proud to copy.’”
(There is little regulators can do about this tactic: Snapchat patented its “ephemeral message galleries,” but copyright law does not extend to the abstract concept itself.)
As a result of all this, would-be competitors can’t raise the money to take on Facebook. Investors realize that if a company gets traction, Facebook will copy its innovations, shut it down or acquire it for a relatively modest sum. So despite an extended economic expansion, increasing interest in high-tech start-ups, an explosion of venture capital and growing public distaste for Facebook, no major social networking company has been founded since the fall of 2011.
As markets become more concentrated, the number of new start-up businesses declines. This holds true in other high-tech areas dominated by single companies, like search (controlled by Google) and e-commerce (taken over by Amazon). Meanwhile, there has been plenty of innovation in areas where there is no monopolistic domination, such as in workplace productivity (Slack, Trello, Asana), urban transportation (Lyft, Uber, Lime, Bird) and cryptocurrency exchanges (Ripple, Coinbase, Circle).
I don’t blame Mark for his quest for domination. He has demonstrated nothing more nefarious than the virtuous hustle of a talented entrepreneur. Yet he has created a leviathan that crowds out entrepreneurship and restricts consumer choice. It’s on our government to ensure that we never lose the magic of the invisiblehand. How did we allow this to happen?
Since the 1970s, courts have become increasingly hesitant to break up companies or block mergers unless consumers are paying inflated prices that would be lower in a competitive market. But a narrow reliance on whether or not consumers have experienced price gouging fails to take into account the full cost of market domination. It doesn’t recognize that we also want markets to be competitive to encourage innovation and to hold power in check. And it is out of step with the history of antitrust law. Two of the last major antitrust suits, against AT&T and IBM in the 1980s, were grounded in the argument that they had used their size to stifle innovation and crush competition.
As the Columbia law professor Tim Wu writes, “It is a disservice to the laws and their intent to retain such a laserlike focus on price effects as the measure of all that antitrust was meant to do.”
Facebook is the perfect case on which to reverse course, precisely because Facebook makes its money from targeted advertising, meaning users do not pay to use the service. But it is not actually free, and it certainly isn’t harmless.
Facebook’s business model is built on capturing as much of our attention as possible to encourage people to create and share more information about who they are and who they want to be. We pay for Facebook with our data and our attention, and by either measure it doesn’t come cheap.
I was on the original News Feed team (my name is on the patent), and that product now gets billions of hours of attention and pulls in unknowable amounts of data each year. The average Facebook user spends an hour a day on the platform; Instagram users spend 53 minutes a day scrolling through pictures and videos. They create immense amounts of data — not just likes and dislikes, but how many seconds they watch a particular video — that Facebook uses to refine its targeted advertising. Facebook also collects data from partner companies and apps, without most users knowing about it, according to testing by The Wall Street Journal.
Some days, lying on the floor next to my 1-year-old son as he plays with his dinosaurs, I catch myself scrolling through Instagram, waiting to see if the next image will be more beautiful than the last. What am I doing? I know it’s not good for me, or for my son, and yet I do it anyway.
The choice is mine, but it doesn’t feel like a choice. Facebook seeps into every corner of our lives to capture as much of our attention and data as possible and, without any alternative, we make the trade.
The vibrant marketplace that once drove Facebook and other social media companies to compete to come up with better products has virtually disappeared. This means there’s less chance of start-ups developing healthier, less exploitative social media platforms. It also means less accountability on issues like privacy.
Just last month, Facebook seemingly tried to bury news that it had stored tens of millions of user passwords in plain text format, which thousands of Facebook employees could see. Competition alone wouldn’t necessarily spur privacy protection — regulation is required to ensure accountability — but Facebook’s lock on the market guarantees that users can’t protest by moving to alternative platforms.
The most problematic aspect of Facebook’s power is Mark’s unilateral control over speech. There is no precedent for his ability to monitor, organize and even censor the conversations of two billion people.
Facebook engineers write algorithms that select which users’ comments or experiences end up displayed in the News Feeds of friends and family. These rules are proprietary and so complex that many Facebook employees themselves don’t understand them.
In 2014, the rules favored curiosity-inducing “clickbait” headlines. In 2016, they enabled the spread of fringe political views and fake news, which made it easier for Russian actors to manipulate the American electorate. In January 2018, Mark announced that the algorithms would favor non-news content shared by friends and news from “trustworthy” sources, which his engineers interpreted — to the confusion of many — as a boost for anything in the category of “politics, crime, tragedy.”
Facebook has responded to many of the criticisms of how it manages speech by hiring thousands of contractors to enforce the rules that Mark and senior executives develop. After a few weeks of training, these contractors decide which videos count as hate speech or free speech, which images are erotic and which are simply artistic, and which live streams are too violent to be broadcast. (The Verge reported that some of these moderators, working through a vendor in Arizona, were paid $28,800 a year, got limited breaks and faced significant mental health risks.)
As if Facebook’s opaque algorithms weren’t enough, last year we learned that Facebook executives had permanently deleted their own messages from the platform, erasing them from the inboxes of recipients; the justification was corporate security concerns. When I look at my years of Facebook messages with Mark now, it’s just a long stream of my own light-blue comments, clearly written in response to words he had once sent me. (Facebook now offers a limited version of this feature to all users.)
The most extreme example of Facebook manipulating speech happened in Myanmar in late 2017. Mark said in a Vox interview that he personally made the decision to delete the private messages of Facebook users who were encouraging genocide there. “I remember, one Saturday morning, I got a phone call,” he said, “and we detected that people were trying to spread sensational messages through — it was Facebook Messenger in this case — to each side of the conflict, basically telling the Muslims, ‘Hey, there’s about to be an uprising of the Buddhists, so make sure that you are armed and go to this place.’ And then the same thing on the other side.”
Mark made a call: “We stop those messages from going through.” Most people would agree with his decision, but it’s deeply troubling that he made it with no accountability to any independent authority or government. Facebook could, in theory, delete en masse the messages of Americans, too, if its leadership decided it didn’t like them.
Mark used to insist that Facebook was just a “social utility,” a neutral platform for people to communicate what they wished. Now he recognizes that Facebook is both a platform and a publisher and that it is inevitably making decisions about values. The company’s own lawyers have argued in court that Facebook is a publisher and thus entitled to First Amendment protection.
No one at Facebook headquarters is choosing what single news story everyone in America wakes up to, of course. But they do decide whether it will be an article from a reputable outlet or a clip from “The Daily Show,” a photo from a friend’s wedding or an incendiary call to kill others.
Mark knows that this is too much power and is pursuing a twofold strategy to mitigate it.
- He is pivoting Facebook’s focus toward encouraging more private, encrypted messaging that Facebook’s employees can’t see, let alone control.
- Second, he is hoping for friendly oversight from regulators and other industry executives.
Late last year, he proposed an independent commission to handle difficult content moderation decisions by social media platforms. It would afford an independent check, Mark argued, on Facebook’s decisions, and users could appeal to it if they disagreed. But its decisions would not have the force of law, since companies would voluntarily participate.
In an op-ed essay in The Washington Post in March, he wrote, “Lawmakers often tell me we have too much power over speech, and I agree.” And he went even further than before, calling for more government regulation — not just on speech, but also on privacy and interoperability, the ability of consumers to seamlessly leave one network and transfer their profiles, friend connections, photos and other data to another.
I don’t think these proposals were made in bad faith. But I do think they’re an attempt to head off the argument that regulators need to go further and break up the company. Facebook isn’t afraid of a few more rules. It’s afraid of an antitrust case and of the kind of accountability that real government oversight would bring.
We don’t expect calcified rules or voluntary commissions to work to regulate drug companies, health care companies, car manufacturers or credit card providers. Agencies oversee these industries to ensure that the private market works for the public good. In these cases, we all understand that government isn’t an external force meddling in an organic market; it’s what makes a dynamic and fair market possible in the first place. This should be just as true for social networking as it is for air travel or pharmaceuticals.
In the summer of 2006, Yahoo offered us $1 billion for Facebook. I desperately wanted Mark to say yes. Even my small slice of the company would have made me a millionaire several times over. For a 22-year-old scholarship kid from small-town North Carolina, that kind of money was unimaginable. I wasn’t alone — just about every other person at the company wanted the same.
It was taboo to talk about it openly, but I finally asked Mark when we had a moment alone, “How are you feeling about Yahoo?” I got a shrug and a one-line answer: “I just don’t know if I want to work for Terry Semel,” Yahoo’s chief executive.
Outside of a couple of gigs in college, Mark had never had a real boss and seemed entirely uninterested in the prospect. I didn’t like the idea much myself, but I would have traded having a boss for several million dollars any day of the week. Mark’s drive was infinitely stronger. Domination meant domination, and the hustle was just too delicious.
Mark may never have a boss, but he needs to have some check on his power. The American government needs to do two things: break up Facebook’s monopoly and regulate the company to make it more accountable to the American people.
First, Facebook should be separated into multiple companies. The F.T.C., in conjunction with the Justice Department, should enforce antitrust laws by undoing the Instagram and WhatsApp acquisitions and banning future acquisitions for several years. The F.T.C. should have blocked these mergers, but it’s not too late to act. There is precedent for correcting bad decisions — as recently as 2009, Whole Foods settled antitrust complaints by selling off the Wild Oats brand and stores that it had bought a few years earlier.
There is some evidence that we may be headed in this direction. Senator Elizabeth Warren has called for reversing the Facebook mergers, and in February, the F.T.C. announced the creation of a task force to monitor competition among tech companies and review previous mergers.
How would a breakup work? Facebook would have a brief period to spin off the Instagram and WhatsApp businesses, and the three would become distinct companies, most likely publicly traded. Facebook shareholders would initially hold stock in the new companies, although Mark and other executives would probably be required to divest their management shares.
Until recently, WhatsApp and Instagram were administered as independent platforms inside the parent company, so that should make the process easier. But time is of the essence: Facebook is working quickly to integrate the three, which would make it harder for the F.T.C. to split them up.
Some economists are skeptical that breaking up Facebook would spur that much competition, because Facebook, they say, is a “natural” monopoly. Natural monopolies have emerged in areas like water systems and the electrical grid, where the price of entering the business is very high — because you have to lay pipes or electrical lines — but it gets cheaper and cheaper to add each additional customer. In other words, the monopoly arises naturally from the circumstances of the business, rather than a company’s illegal maneuvering. In addition, defenders of natural monopolies often make the case that they benefit consumers because they are able to provide services more cheaply than anyone else.
Facebook is indeed more valuable when there are more people on it: There are more connections for a user to make and more content to be shared. But the cost of entering the social network business is not that high. And unlike with pipes and electricity, there is no good argument that the country benefits from having only one dominant social networking company.
Facebook is indeed more valuable when there are more people on it: There are more connections for a user to make and more content to be shared. But the cost of entering the social network business is not that high. And unlike with pipes and electricity, there is no good argument that the country benefits from having only one dominant social networking company.
Still others worry that the breakup of Facebook or other American tech companies could be a national security problem. Because advancements in artificial intelligence require immense amounts of data and computing power, only large companies like Facebook, Google and Amazon can afford these investments, they say. If American companies become smaller, the Chinese will outpace us.
While serious, these concerns do not justify inaction. Even after a breakup, Facebook would be a hugely profitable business with billions to invest in new technologies — and a more competitive market would only encourage those investments. If the Chinese did pull ahead, our government could invest in research and development and pursue tactical trade policy, just as it is doing today to hold China’s 5G technology at bay.
The cost of breaking up Facebook would be next to zero for the government, and lots of people stand to gain economically. A ban on short-term acquisitions would ensure that competitors, and the investors who take a bet on them, would have the space to flourish. Digital advertisers would suddenly have multiple companies vying for their dollars.
Even Facebook shareholders would probably benefit, as shareholders often do in the years after a company’s split. The value of the companies that made up Standard Oil doubled within a year of its being dismantled and had increased by fivefold a few years later. Ten years after the 1984 breakup of AT&T, the value of its successor companies had tripled.
But the biggest winners would be the American people. Imagine a competitive market in which they could choose among one network that
- offered higher privacy standards, another that
- cost a fee to join but had little advertising and another that would allow users to
- customize and tweak their feeds as they saw fit.
No one knows exactly what Facebook’s competitors would offer to differentiate themselves. That’s exactly the point.
The Justice Department faced similar questions of social costs and benefits with AT&T in the 1950s. AT&T had a monopoly on phone services and telecommunications equipment. The government filed suit under antitrust laws, and the case ended with a consent decree that required AT&T to release its patents and refrain from expanding into the nascent computer industry. This resulted in an explosion of innovation, greatly increasing follow-on patents and leading to the development of the semiconductor and modern computing. We would most likely not have iPhones or laptops without the competitive markets that antitrust action ushered in.
Adam Smith was right: Competition spurs growth and innovation.
Just breaking up Facebook is not enough. We need a new agency, empowered by Congress to regulate tech companies. Its first mandate should be to protect privacy.
The Europeans have made headway on privacy with the General Data Protection Regulation, a law that guarantees users a minimal level of protection. A landmark privacy bill in the United States should specify exactly what control Americans have over their digital information, require clearer disclosure to users and provide enough flexibility to the agency to exercise effective oversight over time. The agency should also be charged with guaranteeing basic interoperability across platforms.
Finally, the agency should create guidelines for acceptable speech on social media. This idea may seem un-American — we would never stand for a government agency censoring speech. But we already have limits on
- yelling “fire” in a crowded theater,
- child pornography,
- speech intended to provoke violence and false statements to manipulate stock prices.
We will have to create similar standards that tech companies can use. These standards should of course be subject to the review of the courts, just as any other limits on speech are. But there is no constitutional right to harass others or live-stream violence.
These are difficult challenges. I worry that government regulators will not be able to keep up with the pace of digital innovation. I worry that more competition in social networking might lead to a conservative Facebook and a liberal one, or that newer social networks might be less secure if government regulation is weak. But sticking with the status quo would be worse: If we don’t have public servants shaping these policies, corporations will.
Some people doubt that an effort to break up Facebook would win in the courts, given the hostility on the federal bench to antitrust action, or that this divided Congress would ever be able to muster enough consensus to create a regulatory agency for social media.
But even if breakup and regulation aren’t immediately successful, simply pushing for them will bring more oversight. The government’s case against Microsoft — that it illegally used its market power in operating systems to force its customers to use its web browser, Internet Explorer — ended in 2001 when George W. Bush’s administration abandoned its effort to break up the company. Yet that prosecution helped rein in Microsoft’s ambitions to dominate the early web.
Similarly, the Justice Department’s 1970s suit accusing IBM of illegally maintaining its monopoly on computer sales ended in a stalemate. But along the way, IBM changed many of its behaviors. It stopped bundling its hardware and software, chose an extremely open design for the operating system in its personal computers and did not exercise undue control over its suppliers. Professor Wu has written that this “policeman at the elbow” led IBM to steer clear “of anything close to anticompetitive conduct, for fear of adding to the case against it.”
We can expect the same from even an unsuccessful suit against Facebook.
Finally, an aggressive case against Facebook would persuade other behemoths like Google and Amazon to think twice about stifling competition in their own sectors, out of fear that they could be next. If the government were to use this moment to resurrect an effective competition standard that takes a broader view of the full cost of “free” products, it could affect a whole host of industries.
The alternative is bleak. If we do not take action, Facebook’s monopoly will become even more entrenched. With much of the world’s personal communications in hand, it can mine that data for patterns and trends, giving it an advantage over competitors for decades to come.
I take responsibility for not sounding the alarm earlier. Don Graham, a former Facebook board member, has accused those who criticize the company now as having “all the courage of the last man leaping on the pile at a football game.” The financial rewards I reaped from working at Facebook radically changed the trajectory of my life, and even after I cashed out, I watched in awe as the company grew. It took the 2016 election fallout and Cambridge Analytica to awaken me to the dangers of Facebook’s monopoly. But anyone suggesting that Facebook is akin to a pinned football player misrepresents its resilience and power.
An era of accountability for Facebook and other monopolies may be beginning. Collective anger is growing, and a new cohort of leaders has begun to emerge. On Capitol Hill, Representative David Cicilline has taken a special interest in checking the power of monopolies, and Senators Amy Klobuchar and Ted Cruz have joined Senator Warren in calling for more oversight. Economists like Jason Furman, a former chairman of the Council of Economic Advisers, are speaking out about monopolies, and a host of legal scholars like Lina Khan, Barry Lynn and Ganesh Sitaraman are plotting a way forward.
This movement of public servants, scholars and activists deserves our support. Mark Zuckerberg cannot fix Facebook, but our government can.
“If in 96 days Trump loses this election, I am pointing the finger directly at people like [House Speaker] Paul Ryan and [Senate Majority Leader] Mitch McConnell and Lindsey Graham and John McCain and John Kasich and Ted Cruz — if he won’t endorse — and Jeb Bush and everybody else that made promises they’re not keeping,” Hannity exclaimed, later threatening to endorse Ryan’s far-right primary challenger.
.. In fact, throughout the election season, it has appeared that Republicans have fielded more attacks from their supposed friends on the right than their political opponents on the left.
.. “The analogy that I think of is somebody who has a baby alligator in their bathtub and they keep feeding it and taking care of it,” said Charlie Sykes, a popular conservative talk show host in Wisconsin. “And it’s really cute when it’s a baby alligator — until it becomes a grown-up alligator and comes out and starts biting you.”
.. three key forces: Fox News, Rush Limbaugh, and Matt Drudge.
.. Simultaneously, the conservative news media sought to lock in its audience by characterizing the mainstream press as an industry comprising dishonest liberals — something with which the GOP was more than happy to go along.
.. “What it became, essentially, was they were preaching this is the only place you can get news. This is the only place you can trust. All other media outlets are lying to you. So you need to come to us,”
.. To avoid being called a RINO (Republican in name only), a Republican would have to take a hardline conservative position on nearly every issue. If, say, they were to hold conservative positions on 90% of the issues, the conservative press would focus on the 10% where there was disagreement.
.. only one candidate could be conservative enough to support for president: Cruz.
.. But something went awry. The most aggressive right-wing members of the conservative press — the members who constantly lambasted certain Republicans for not toeing the hard-right line on every issue — got behind perhaps the most unlikely candidate of all: Donald Trump.
.. “We have reached the bizarro-world point where, for all intents and purposes, conservatives are RINOs,” said John Ziegler, a nationally syndicated conservative talk show host who called Andrew Breitbart a friend. “There is no place now for real conservatives. We’ve also reached the point, I say, we’ve left the gravitational pull of the rational Earth, where we are now in a situation where facts don’t matter, truth doesn’t matter, logic doesn’t matter.”
.. “You look at someone who a few cycles might have been derided as a right-wing lunatic, now they aren’t conservative enough,”
.. he believed some conservative pundits were “just drawn to Trump’s style more than policies.”
.. “I think that some of them just like Trump and were willing to cut him some slack on his shifting of positions because he’s a fighter and they like that,”
.. Ratings may have also played a role, according to conservative talkers who refused to jump aboard the Trump train.
.. Hannity in particular has faced criticism from some colleagues in the conservative-media sphere who allege he has been too cozy with Trump. Ziegler, the conservative radio host, said there’s “there’s no question” a “monetary element” drove coverage overall.
.. “Hannity is desperate for every ratings crumb on the Fox News Channel. … It’s all about ratings,” he said. “Hannity is not particularly talented, he’s not a smart guy — he used to just be a Republican talking points talk show host who happened to be in the right place at the right time. So he’s very vulnerable at any time.
.. while there are other outlets that belong to the conservative media apparatus, they lack the influence of the hard right. The National Review or Weekly Standard might earn the eyeballs of elites in Washington, but those in the heartland seem to prefer the style of the more aggressive pro-Trump outlets.
.. That has left conservatives who oppose Trump in a tricky position when trying to get their message to supporters. No longer can Ryan or Cruz turn to Hannity for a softball interview. They can’t work with Breitbart or rely on Drudge to help with their legislative agenda.
These Republicans have effectively been exiled from the conservative news media
.. “We have taught conservatives for many years to trust nothing other than what they hear in conservative media. Yet the conservative media has now proven to be untrustworthy.”