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Democrats Businesses Communications Government The Internet United States Politics Technology

Senate Democrat Floats First Serious Proposals For Regulating Big Tech (gizmodo.com) 223

On Monday, Senator Mark Warner published 20 proposals on how to regulate big tech platforms. What's interesting is that none of the proposals call for breaking up the pseudo-monopolies. Instead, they aim to start a substantive debate by laying out different paths to address problems posed by the platforms. Gizmodo reports: What may be more important than the individual proposals themselves is that the document is at least trying to organize a holistic way of thinking about the issues now on the table. It breaks down the areas that need addressing into the promotion of disinformation, privacy and consumer protection, and ensuring competition in the marketplace. Just to highlight a few of the good issues on the table, the white paper blessedly brings the conversation back to privacy and data ownership -- something that seems to have been lost as the conversation has turned to content moderation. The easiest recommendation is to implement what it calls "GDPR-like" data protection legislation that would give Americans similar data rights as EU citizens gained in May. The jury is still out on the long-term consequences of those reforms, but they require greater transparency and consent for a company's terms of service, along with many more tools for keeping track of what information a company collects on you.

On the competition side of things, the proposal suggests a data-transparency bill that would give users a more granular idea of how their data is being used and how much its worth to an individual platform. One concern it addresses is that platforms expand how they monetize a person's data while the user is often unaware of how much they're actually giving up, value-wise, when they agree to hand over their data in exchange for a particular service. Another benefit would be that regulators would have a better idea of what they're evaluating in antitrust enforcement cases. The proposals relating to disinformation are a little more worrisome. A requirement that platforms "clearly and conspicuously label bots" wouldn't be so bad, but it's a daunting task and opens up the potential for false positives. Likewise, demanding networks identify a user's true identity is unrealistic, and the option of anonymity online should be protected.
Axios was first to publish the list of 20 proposals compiled by Warner's staff. Is there a proposal that resonates with you? If not, how would you regulate the Big Tech platforms?
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Senate Democrat Floats First Serious Proposals For Regulating Big Tech

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  • What? (Score:4, Interesting)

    by msauve ( 701917 ) on Monday July 30, 2018 @10:34PM (#57038620)
    "pseudo-monopolies."

    What? Perhaps you mean oligopoly?
    • by Anonymous Coward

      "What? Perhaps you mean oligopoly?"

      They mean the internet breaks accountability between buyer and seller, aka high speed internet allowed videogame companies to defraud gamers and deprive them of ownership rights. Before high speed internet they had to release the full game to you complete, after they keep part of the game files on their computers. Customers can't defend themselves from these practices because they are hundreds of miles away. AKA companies can force loss of privacy because of the forced

    • Comment removed based on user account deletion
    • Re:What? (Score:5, Informative)

      by Actually, I do RTFA ( 1058596 ) on Tuesday July 31, 2018 @09:25AM (#57040968)

      "pseudo-monopolies."
      What? Perhaps you mean oligopoly?

      An oligopoly (or duopoly) implies there are several (or two) vendors I can choose among. However, because of vertical integration and lock in, each actually acts more like a monopoly because the cost of switching OSes on your phone/computer are so high.

      In other words, with a Ford, nothing stops me from buying a Chevy, or a Tesla, other than brand loyalty and relationships. Maybe, maybe, maybe, if I stockpiled parts. If I buy a ticket on United, there's no reason not to buy a ticket on American next (except loyalty cards/points). Those are oligopolies. Compare to the cost of rebuying all you apps and moving all your data if you go from GooglePlay to Apple, or even from GooglePlay to Amazon Apps.

  • by Wycliffe ( 116160 ) on Monday July 30, 2018 @10:51PM (#57038682) Homepage

    There needs to be some serious thought on how to best address data migration and pseudo vendor lock-in. Data migration is easy. I should have the ability to download all my data from facebook and upload it to google plus (or some other competitor) and vice versa.

    Pseudo vendor lockin is a bit trickier. If all your friends are on facebook then you can't move to a new platform without convincing all your friends to move too.
    I think the solution for this is to require companies to allow interoperability between sites. If I want to create a facebook clone, I should be able to allow my users to sync their account with facebook so that posts on my new site are crossposted on facebook, etc...
    There are already some marketing tools that allow this to a limited extent but it should be explicitly allowed so that people can more easily hop from platform to platform.
    Currently, trying to do a true sync of facebook with a facebook clone would be against facebook's TOS.

    • It's kind of amazing how on the internet, where literally anything can be decentralized if you want it, and starting a competing website is cheap, all the power goes to one website (in each field). In Facebook you could say "it's because of network effects," but it's not really true with search engines. When freed, we just kind of......flock together.
      • With search engines it is still a network effect: The more people use it, the more feedback it gets on the relevance of its results, improving its usefulness.

      • In Facebook you could say "it's because of network effects," but it's not really true with search engines. When freed, we just kind of......flock together.

        With search engines I think it is likely enonomy of scale and probably some patents thrown in there. Because google is so huge, they can afford to index more of the web, they can afford to hire thousands of PHDs to analyse their results. They also have some of the network effect that allows billions of clicks to give them realtime feedback about how good of job they are doing. They now have billions of dollars of R&D most of it behind closed doors that runs their search engine and they are receiving

    • by SirAstral ( 1349985 ) on Monday July 30, 2018 @11:20PM (#57038814)

      Say hello to universal ID and Zero anonymity on the internet.
      I hope you are the first person in court fighting for your life after someone steals your identity and does something illegal with it.

      I hear nowadays just being accused of certain crimes destroys your future... no one will even wait until you go to trial to find out if you are innocent... you are automatically guilty... even if you eventually get a "not-guilty" verdict.

      Identity theft is about to get a lot worse after someone like you gets a hold of the problem.

      And no, data migration is NOT easy. Businesses spend ass loads of money on migrations all year round with many of them either resulting in failures or projects that did manage to finish but are only limping along.

      Just talk to a few systems admins and engineers... they will be happy to tell you how broken a lot of shit is.

      • by rtb61 ( 674572 )

        Too easy to regulate them, make it more expensive to be privacy invasive dick brains than it is worth.

        So want to be real harsh, all companies, 'ALL COMPANIES', must forward details of the information they store about individuals to the individuals concerned and if the individual demands they delete the information, the company must delete the data. Note this is just data stored, not stories about individuals, just databases and obviously data required for taxation purposes must be kept. There also needs to

        • I like your ideas, now... how are you going to convince a politician to implement these? As a voter you offer very little money to their coffers and lets me honest, you are not going to get enough fellow voters to remove them from office for this issue alone. In fact this issue is not even going to register in any meaningful way for the next 30 years. The politician is going to take the money from the businesses and regulate them as they agree to be regulated.

          I am going to just go with history and make t

        • Re: (Score:2, Interesting)

          by Anonymous Coward

          RE: the word "NEWS". I appreciate the hope behind your words, but unfortunately it won't help.

          Why?

          99.9% of the population doesn't even pay attention to.. anything. Except for the screaming headlines.

          I'm the curious sort, and I speak to random people .. people in elevators, on planes, public transport, etc. How else can you find people you'd never normally find, outside of all contact with your social / economic circle?

          Do you know how many people don't even know that the government spies on people? That

      • The UK supreme court has agreed that the police can tell a potential employer about a case where the accused was found not guilty. https://www.theguardian.com/uk... [theguardian.com]

      • Thats so true. It was designed to be innocent until proven guilty. But now, the social media crucifies you to where your reputation is destroyed. And not repairable, even if all charges are proven wrong. Or even if you are never charged.
    • Comment removed based on user account deletion
  • Sites have lots of ways of detecting bots.
    It's gone far past the old (a couple years old) systems.
    Anything that fails gets labeled a bot. There needs to be allowance for people to get their bot status rescinded, but if they don't they might as well be bots.
    Unlike the US constitution, you're a bot until you prove otherwise.
    prefixing posts with "Posted by a bot:" will rip the teeth out of most fake news, and other BS.
  • by Anonymous Coward

    A whole new round of pointless "This site uses cookies, if you don't like it then fuck off" popovers, and a lot of other unworkable bullshit and disclosures that 99.99% if the world won't care enough about to read or understand.

    The only thing to look forward to is earning and brandishing an official twitter Bot Badge, presumably by posting absolutely anything positive about Trump.

  • by reanjr ( 588767 ) on Monday July 30, 2018 @11:09PM (#57038762) Homepage

    Am I the only one who thinks they should simply be required to have profit sharing or otherwise pay you for the data, rather than try to stop it?

    • Suppose there was a creepy stalker literally hiding in the bushes outside your home every day. Would you prefer he pay you $0.00035/day for the "right" to stalk you? Or would you prefer a policeman came by and forced him to stop stalking?

      • The difference is that when I share my info online, I do not have an expectation of privacy like I do with my home. If you share anything with even one of your friends, then the expectation on privacy is zero. Even if you share info only with a corporation, there is an expectation that corporation is going to use my info for analysis and monetization.

        Want privacy online? Use encrypted person-to-person messaging. Otherwise, why do you keep sharing your info?

    • I would be happy if they made one small change in the current "sharing" regulations.

      Today, sharing is opt-out - information can be shared by default, anyone who gets it from you just has to tell you:

      You can stop us from sharing your data - call this number during a full moon and give us your user number, shoe size and blood type.

      I think that sharing needs to be opt-IN, with statutory penalties for sharing without permission.

      This would make held data a liability, instead of the asset it currently is.

      This alo

  • by Okian Warrior ( 537106 ) on Monday July 30, 2018 @11:21PM (#57038836) Homepage Journal

    ... none of the proposals call for breaking up the pseudo-monopolies. Instead, they aim to start a substantive debate by laying out different paths to address problems posed by the platforms.

    Let's not propose a solution, let's not propose a method of making a *plan* for a solution, let's propose several plans for how to approach a solution, and have a debate!

    Bureaucracy at its finest.

    (Futurama quote: "Don't quote me the regulation! I chaired the committee that reviewed the proposal to change the color of the book that regulation is in." --Bureaucrat 1.0)

  • by Anonymous Coward on Tuesday July 31, 2018 @12:39AM (#57039152)

    I read the first 4 pages and then skimmed the rest. It reads like a 2nd year college student wrote it.

    "The hope is that the ideas enclosed here stir the pot and spark a wider discussion..." These colloquialisms are scattered throughout.the paper. Hard to believe that this is supposed to convince legislators.

    The list headings:

    Duty to clearly and conspicuously label bots
    Duty to determine origin of posts and/or accounts
    Duty to identify inauthentic accounts
    Make platforms liable for state-law torts (defamation, false light, public disclosure of
    private facts) for failure to take down deep fake or other manipulated audio/video content
    Public Interest Data Access Bill
    Require lnteragency Task Force for Countering Asymmetric Threats to Democratic
    Institutions
    Disclosure Requirements for Online Political Advertisements —
    Public Initiative for Media Literacy
    Increasing Deterrence Against Foreign Manipulation —
    Information fiduciary
    Privacy rulemaking authority at FTC
    Comprehensive (GDPR-like) data protection legislation
    1*‘ Party Consent for Data Collection
    Statutory determination that so-called ‘dark patterns’ are unfair and deceptive trade
    practices
    Algorithmic auditability fairness
    Data Transparency Bill
    Data Portability Bill
    Interoperability
    Opening federal datasets to university researchers and qualified small businesses/startups
    Essential Facilities Determinations

  • Just try to edit anything on wikipedia without a man child admin and his goons reverting and trashing even your minor edits.

    • by tepples ( 727027 )

      I don't seem to have trouble getting the supermajority of my edits to stick on the first try. One thing that helps is being willing to discuss reverts in a civil manner [wikipedia.org] and then take into account constructive criticism when retrying your edit a week later.

      But then I have years of experience on that platform, and I know getting used to Wikipedia's content policies can be tough for new users. Could you link diffs of your edits that got reverted so that others can help you?

  • by RhettLivingston ( 544140 ) on Tuesday July 31, 2018 @12:59AM (#57039214) Journal

    There is no reliable way to "clearly and conspicuously label bots". Even if you require all registered users to prove a human identity, they could still let a bot use their account. A smart bot implementor could even pay users to utilize their identity and to install a VPN host so that the bot can make its posts from their IP.

    But, you can be assured that proving identities would still be the first thing they jump to if this is required. It moves the blame. Kaspersky would get the internet where all users have to prove their identities that they have pushed all of these years.

    They may also criminalize it. Criminalizing anything that has value usually increases its value. We should know well by now how well that works.

    Are bots really the problem? Or is it the way we are making decisions?

    I know people who will debate me with statements like "well, so and so had xyz happen, so it happens". First of all, they don't know that so and so told them the truth or even really knows the truth. People rarely remember even their own experiences in a accurate fashion. Second, anecdotal evidence doesn't rise to a level of any statistical relevance in trying to understand any truth about the massive society or complex world we live in. Basing your beliefs or fears on miniscule samples from your personal life or news stories you've seen without tempering it with large sample sets is the path to a very twisted and often unreasonably panicked view of the world.

    The problem is that people aren't being taught why we have the scientific method. They aren't being taught just how horribly flawed their reasoning without it is and why our society started exploding in success when we started using it. You can't protect people from that lack of knowledge. If they don't have it, others will always find a way to use their ignorance.

  • by Gonoff ( 88518 ) on Tuesday July 31, 2018 @03:27AM (#57039604)

    The jury is still out on the long-term consequences of those reforms.

    Which jury? Where? Not around here (Europe) is it.

    The long term consequences are known. Questions about the GDPR that everyone is waiting for include

    • Are these laws effective or will they need reinforced in some ways?
    • What other unintendedconsequences will occur?
    • How long will it take some countries (like the US) to catch up?

    Certainly the GDPR has made additional work for people, including me. It has not brought out the orchestrated hostility I see from the USA. I have not seen anything in the press here against it. Perhaps our government and its tabloid press controllers don't want us to think too much about it so that they can water it down in a couple of years. That sort of thing is less succesful than it used to be. Corporate foulups with security will keep people aware of it.

    What sort of changes might be needed? They may need to raise the maximum fines. What is $5 billion to the likes of Google? They may need to use more effort in getting top executives to actually turn up and not just send some underling. I'm not complaining though. So far, so good.

    • by mjwx ( 966435 )

      The jury is still out on the long-term consequences of those reforms.

      Which jury? Where? Not around here (Europe) is it.

      The long term consequences are known. Questions about the GDPR that everyone is waiting for include

      • Are these laws effective or will they need reinforced in some ways?
      • What other unintendedconsequences will occur?
      • How long will it take some countries (like the US) to catch up?

      Certainly the GDPR has made additional work for people, including me. It has not brought out the orchestrated hostility I see from the USA. I have not seen anything in the press here against it. Perhaps our government and its tabloid press controllers don't want us to think too much about it so that they can water it down in a couple of years. That sort of thing is less successful than it used to be. Corporate foul ups with security will keep people aware of it.

      This cannot be overstated. GDPR has thus far been a good thing but several sites in the US have completely lost their shit over it. Their loss I suppose, all they're doing is ensuring that people from Europe are switching off. I can only surmise that the sites which are outright blocking EU countries are doing something well and truly illegal with our data.

      However I've considered an adblocker to be mandatory for web browsing for years and recently added a script blocker to that.

  • I agree with the breaking of monopolies but simply breaking companies because they are "too big" without quantifying eBay it means leads to abuse both by squashing competitors that are getting bigger and de facto government control/blackmail of the large players.

    Same with false information - who gets to be the arbiter of true information then? What sorts of metrics do we have to measure truthfulness.

    As bad as the invisible hand of the market works, it's a lot better than politicians telling us what is and i

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