HCA Healthcare Previews 2020 Third Quarter Results – Web Hosting | Cloud Computing | Datacenter | Domain News – Daily Host News

Will Return Approximately $6 Billion in CARES Act Funding

NASHVILLE, Tenn.(BUSINESS WIRE)HCA Healthcare, Inc. (NYSE: HCA) today announced preliminary financial and operating results for its third quarter ended September 30, 2020. In addition, the Company will return, or repay early, approximately $6 billion of government assistance funds received as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Companys preliminary financial and operating results are based on current expectations and subject to finalization of the Companys third quarter financial and accounting procedures.

Third Quarter Preview

HCA anticipates revenues for the third quarter of 2020 to approximate $13.300 billion compared to $12.694 billion in the third quarter of 2019. Income before income taxes is expected to approximate $950 million in the third quarter of 2020 compared to $979 million in the third quarter of 2019. Results for the third quarter of 2020 include a reversal of $822 million in government stimulus income recorded in the second quarter of 2020 related to general distribution funds received from the Provider Relief Fund established by the CARES Act. Results for the third quarter of 2019 included losses on retirement of debt of $211 million. Adjusted EBITDA for the third quarter of 2020 is expected to approximate $2.030 billion compared to $2.285 billion in the previous years third quarter. Adjusted EBITDA is a non-GAAP financial measure. A table providing supplemental information and reconciling expected income before income taxes to expected Adjusted EBITDA is included in this release.

Same facility admissions for the third quarter of 2020 are expected to decline 4 percent, and same facility equivalent admissions are expected to decline 9 percent, when compared to the third quarter of 2019. Same facility emergency room visits for the third quarter of 2020 are expected to decline 20 percent from the prior years third quarter.

Same facility revenue per equivalent admission is expected to increase approximately 15 percent in the third quarter of 2020 compared to the prior years third quarter due to increases in acuity for patients treated and favorable payer mix during the quarter.

HCA Healthcare anticipates reporting its complete financial and operating results for the third quarter of 2020 on, or about, October 26, 2020.

CARES Act

The CARES Act, enacted on March 27, 2020, was intended to provide emergency financial assistance to healthcare providers for the adverse impact the COVID-19 pandemic could have on their operations. We greatly appreciate the CARES Act funding and the policymakers who fought hard to ensure hospitals would have the essential resources during the pandemic, said Sam Hazen, CEO of HCA Healthcare.

During the early days of the pandemic, the Company took a conservative approach which included a number of actions to meet the operational and financial challenges this global health crisis was expected to present. Many aspects of our approach were outlined in our first quarter release.

As a result of these actions, and other factors, HCA Healthcare is able to return, or repay early, all of its share of Provider Relief Fund distributions of approximately $1.6 billion and approximately $4.4 billion in Medicare accelerated payments. The Company will work with the appropriate government agencies to arrange the payment of these funds. The Company expects to fund the entire amount of such payments from available cash and future cash flows from operations.

As the initial immediacy of the emergency has passed, and with more information, and more experience managing our operations during the pandemic, we believe returning these taxpayer dollars is appropriate and the socially responsible thing to do, said Hazen. Our focus will remain on supporting our patients, employees and physicians and continuing the vital role we play in the communities we serve.

Investor Call

HCA Healthcare will host a conference call for investors at 8:00 a.m. Central Daylight Time tomorrow, October 9, 2020. All interested investors are invited to access a live audio broadcast of the call via webcast. The broadcast will also be available on a replay basis beginning the afternoon of October 9th following the call. The webcast can be accessed through the Companys Investor Relations web page at https://investor.hcahealthcare.com/events-and-presentations.

Forward-Looking Statements

This press release contains forward-looking statements within the meaning of the federal securities laws, which involve risks and uncertainties. Forward-looking statements include the Companys capital allocation, as well as other statements that do not relate solely to historical or current facts. Forward-looking statements can be identified by the use of words like may, believe, will, expect, project, estimate, anticipate, plan, initiative or continue. These forward-looking statements are based on our current plans and expectations and are subject to a number of known and unknown uncertainties and risks, many of which are beyond our control, which could significantly affect current plans and expectations and our future financial position and results of operations. These factors include, but are not limited to, (1) the finalization of the Companys third quarter 2020 financial and accounting procedures, (2) developments related to COVID-19, including, without limitation, related to the length and severity of the pandemic; the volume of canceled or rescheduled procedures and the volume of COVID-19 patients cared for across our health systems; measures we are taking to respond to the COVID-19 pandemic; the impact and terms of government and administrative regulation and stimulus (including the CARES Act, the Paycheck Protection Program and Health Care Enhancement Act and other enacted legislation); changes in revenues due to declining patient volumes, changes in payor mix and deteriorating macroeconomic conditions (including increases in uninsured and underinsured patients); potential increased expenses related to labor, supply chain or other expenditures; workforce disruptions and supply shortages and disruptions; and the timing and availability of effective medical treatments and vaccines, (3) the impact of our substantial indebtedness and the ability to refinance such indebtedness on acceptable terms, as well as risks associated with disruptions in the financial markets and the business of financial institutions as the result of the COVID-19 pandemic which could impact us from a financial perspective, (4) the impact of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively, the Affordable Care Act), including the effects of court challenges to, any repeal of, or changes to, the Affordable Care Act or additional changes to its implementation, the possible enactment of additional federal or state health care reforms and possible changes to other federal, state or local laws or regulations affecting the health care industry, including single-payer proposals (often referred to as Medicare for All), and also including any such laws or governmental regulations which are adopted in response to the COVID-19 pandemic, (5) the effects related to the continued implementation of the sequestration spending reductions required under the Budget Control Act of 2011, and related legislation extending these reductions, and the potential for future deficit reduction legislation that may alter these spending reductions, which include cuts to Medicare payments, or create additional spending reductions, (6) increases in the amount and risk of collectability of uninsured accounts and deductibles and copayment amounts for insured accounts, (7) the ability to achieve operating and financial targets, and attain expected levels of patient volumes and control the costs of providing services, (8) possible changes in Medicare, Medicaid and other state programs, including Medicaid supplemental payment programs or Medicaid waiver programs, that may impact reimbursements to health care providers and insurers and the size of the uninsured or underinsured population, (9) the highly competitive nature of the health care business, (10) changes in service mix, revenue mix and surgical volumes, including potential declines in the population covered under third-party payer agreements, the ability to enter into and renew third-party payer provider agreements on acceptable terms and the impact of consumer-driven health plans and physician utilization trends and practices, (11) the efforts of health insurers, health care providers, large employer groups and others to contain health care costs, (12) the outcome of our continuing efforts to monitor, maintain and comply with appropriate laws, regulations, policies and procedures, (13) increases in wages and the ability to attract and retain qualified management and personnel, including affiliated physicians, nurses and medical and technical support personnel, (14) the availability and terms of capital to fund the expansion of our business and improvements to our existing facilities, (15) changes in accounting practices, (16) changes in general economic conditions nationally and regionally in our markets, including economic and business conditions (and the impact thereof on the financial markets and banking industry) resulting from the COVID-19 pandemic, (17) the emergence of and effects related to other pandemics, epidemics and infectious diseases, (18) future divestitures which may result in charges and possible impairments of long-lived assets, (19) changes in business strategy or development plans, (20) delays in receiving payments for services provided, (21) the outcome of pending and any future tax audits, disputes and litigation associated with our tax positions, (22) potential adverse impact of known and unknown government investigations, litigation and other claims that may be made against us, (23) the impact of potential cybersecurity incidents or security breaches, (24) our ongoing ability to demonstrate meaningful use of certified electronic health record (EHR) technology and the impact of interoperability requirements, (25) the impact of natural disasters, such as hurricanes and floods, or similar events beyond our control, (26) changes in the U.S. federal, state, or foreign tax laws including interpretive guidance that may be issued by taxing authorities or other standard setting bodies, and (27) other risk factors described in our annual report on Form 10-K for the year ended December 31, 2019, our quarterly report on Form 10-Q for the quarter ended June 30, 2020 and our other filings with the Securities and Exchange Commission. Many of the factors that will determine our future results are beyond our ability to control or predict. In light of the significant uncertainties inherent in the forward-looking statements contained herein, readers should not place undue reliance on forward-looking statements, which reflect managements views only as of the date hereof. We undertake no obligation to revise or update any forward-looking statements, or to make any other forward-looking statements, whether as a result of new information, future events or otherwise.

All references to Company and HCA as used throughout this release refer to HCA Healthcare, Inc. and its affiliates.

2020 (Forecast)

2019

$950

$979

(10)

211

Income before income taxes, excluding gains on sales of

940

1,190

700

647

390

448

$2,030

$2,285

Contacts

INVESTOR CONTACT:Mark Kimbrough

615-344-2688

MEDIA CONTACT:Harlow Sumerford

615-344-1851

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HCA Healthcare Previews 2020 Third Quarter Results - Web Hosting | Cloud Computing | Datacenter | Domain News - Daily Host News

Analog Devices and Maxim Integrated Shareholders Approve Combination – Web Hosting | Cloud Computing | Datacenter | Domain News – Daily Host News

NORWOOD, Mass. & SAN JOSE, Calif.(BUSINESS WIRE)Analog Devices, Inc. (Nasdaq: ADI) and Maxim Integrated Products, Inc. (Nasdaq: MXIM) announced that, at their respective special meetings of shareholders held today, ADI and Maxim shareholders voted to approve their respective proposals relating to the pending combination of ADI and Maxim. The combination will strengthen ADI as an analog semiconductor leader with increased breadth and scale across multiple attractive end markets.

We are pleased with the overwhelming support from our shareholders for this exciting combination. Together with Maxim, we will enhance our domain expertise and breadth of engineering capabilities to develop more complete solutions to solve customers most complex problems, said Vincent Roche, President and CEO of Analog Devices. We look forward to joining forces with Maxim to drive the next wave of semiconductor growth and deliver significant value to all our stakeholders.

We appreciate the strong support of our shareholders for Maxims combination with ADI. Together, we will enable the industrys highest performance analog and mixed-signal solutions through our complementary product portfolios, said Tunc Doluca, President and CEO of Maxim.

As previously announced, the waiting period applicable to the consummation of the transaction under the Hart-Scott-Rodino Antitrust Improvements Act has expired. The completion of the transaction remains subject to the satisfaction of other customary closing conditions, including receipt of certain non-U.S. regulatory approvals. The companies continue to expect that the transaction will be completed in the summer of 2021.

About Analog Devices

Analog Devices is a leading global high-performance analog technology company dedicated to solving the toughest engineering challenges. We enable our customers to interpret the world around us by intelligently bridging the physical and digital with unmatched technologies that sense, measure, power, connect and interpret. Visit http://www.analog.com.

About Maxim Integrated

Maxim Integrated develops innovative analog and mixed-signal products and technologies to make systems smaller and smarter, with enhanced security and increased energy efficiency. We are empowering design innovation for our automotive, industrial, healthcare, mobile consumer, and cloud data center customers to deliver industry-leading solutions that help change the world. Learn more at http://www.maximintegrated.com.

Forward Looking Statements

This filing relates to the pending business combination transaction between ADI and Maxim. This communication contains forward-looking statements within the meaning of the federal securities laws. Forward-looking statements address a variety of subjects, including, for example, projections as to the anticipated benefits of the proposed transaction, the anticipated impact of the proposed transaction on the combined organizations business and future financial and operating results, the expected amount and timing of synergies from the proposed transaction, and the anticipated closing date for the proposed transaction. Statements that are not historical facts, including statements about ADIs and Maxims beliefs, plans and expectations, are forward-looking statements. Such statements are based on ADIs and Maxims current expectations and are subject to a number of factors and uncertainties, which could cause actual results to differ materially from those described in the forward-looking statements. Forward-looking statements often contain words such as expect, anticipate, intend, plan, believe, estimate, would, target and similar expressions, as well as variations or negatives of these words. The following important factors and uncertainties, among others, could cause actual results to differ materially from those described in these forward-looking statements: the uncertainty as to the extent of the duration, scope and impacts of the COVID-19 pandemic; political and economic uncertainty, including any faltering in global economic conditions or the stability of credit and financial markets; erosion of consumer confidence and declines in customer spending; unavailability of raw materials, services, supplies or manufacturing capacity; changes in geographic, product or customer mix; changes in export classifications, import and export regulations or duties and tariffs; changes in ADIs or Maxims estimates of their respective expected tax rates based on current tax law; ADIs ability to successfully integrate Maxims businesses and technologies; the risk that the expected benefits and synergies of the proposed transaction and growth prospects of the combined company may not be fully achieved in a timely manner, or at all; adverse results in litigation matters, including the potential for litigation related to the proposed transaction; the risk that ADI or Maxim will be unable to retain and hire key personnel; the risk that the conditions to the transaction are not satisfied on a timely basis or at all or the failure of the transaction to close for any other reason or to close on the anticipated terms, including the anticipated tax treatment; the risk that any regulatory approval, consent or authorization that may be required for the proposed transaction is not obtained or is obtained subject to conditions that are not anticipated; unanticipated difficulties or expenditures relating to the transaction, the response of business partners and retention as a result of the announcement and pendency of the transaction; uncertainty as to the long-term value of ADIs common stock; and the diversion of management time on transaction-related matters. For additional information about other factors that could cause actual results to differ materially from those described in the forward-looking statements, please refer to ADIs and Maxims respective periodic reports and other filings with the Securities and Exchange Commission, including the risk factors contained in ADIs and Maxims most recent Quarterly Reports on Form 10-Q and Annual Reports on Form 10-K. Forward-looking statements represent managements current expectations and are inherently uncertain. Except as required by law, neither ADI nor Maxim undertakes or assumes any obligation to update any forward-looking statements, whether as a result of new information or to reflect subsequent events or circumstances or otherwise.

(ADI-WEB)

Contacts

Editors Contact InformationMichael Lucarelli

781-461-3282

Senior Director of Investor Relations, ADI

investor.relations@analog.com

Andrea Duffy

646-984-0240

Andrea.Duffy@teneo.com

Kathy Ta

Vice President, Investor Relations, Maxim

kathy.ta@maximintegrated.com

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Analog Devices and Maxim Integrated Shareholders Approve Combination - Web Hosting | Cloud Computing | Datacenter | Domain News - Daily Host News

Free Speech and Media Freedom in Corporate India : Countering Their Negative Image – Economic and Political Weekly

There would, perhaps, be no better time in which Sukumar Muralidharan could write a book reflecting on the political implications of the right to free speech in India. At a time when citizens, activists and intellectuals are being put behind bars because they spoke against the government, against the draconian laws from the colonial period, and against the exploitative economic policies of the state, Muralidharan asks the right questions, at the right time. Can freedom of speech survive in a market-driven society where civil liberty is overridden by consumer choices? What kind of journalistic practice protects free speech and journalistic freedom in a fascist state? And, lastly, can social media save the civil society from fake news?

Muralidharans book offers an insiders perspective but from a distance. Although having been a journalist all his life, he is a practising academic. This discursive interface is manifested in the manner he handles intertwined contexts like nationalism, public, civility, state, and media with clinical detachment on the one hand and absolute care on the other.

The book contains eight chapters apart from the introduction and epilogue. Each chapter unfolds with a truth, followed by the deconstruction of that truth in light of freedom of speech. Muralidharan engages extensively and unapologetically with the idea of freedomwhat goes and what remains. Chapter 1 is titled A Patchy Freedom: Commerce, Class and the Value of Speech. It opens with political and historical contexts leading to the emergence of the universal idea of freedom of speech. However, soon it also asks the obvious questions: Who can speak after all? Can freedom of speech be absolute? Or is it class-specific? Whose freedom of speech do we protect and whose do we not? Here, one is reminded of Gayatri Spivaks (1990) legendary and undeniable question: Can the subaltern speak? Echoing similar concerns, Muralidharan suggests that the rise of a corporatised democracy in India is the ultimate blow to free speech and only those with power have the right to speak. Taking Vilfredo Paretos (1991) elite theory forward, Muralidharan asserts that we are living amidst a major democratic deficit where only the power elite enjoys absolute freedom of speech to the near exclusion of the public at large. In that light, what once constituted a universal and fundamental right of citizens in India, is now reduced to an exclusive coterie. Speech is valued only where the money flows.

Taking this point further, in Chapter 2 Nationalism: Citizens Great and Small, he argues that the way nation-building and nationalism emerged in the postcolonial period in India has created a visible social cleavage between the Hindus as the majority and the Muslims as the so-called minority. Consequently, nationalism or the communal manifestation of jingoism is a big roadblock to free speech. Print media in post-independence India has systematically fuelled this anti-Islam feeling to the extent that media neutrality sounds banal today. On the other hand, privatisation of media houses and gradually of every other enterprise in India has produced a standardised consumer behaviour that though indicates growth but demonstrates little cultural diversity that is the backbone of the Indian society. One is reminded of Noam Chomskys (2011) five filters that media houses apply to the news-making process before disseminating them. In a similar fashion, Muralidharan here asserts that anti-Islam sentiments (like the anti-communism sentiments of post-war America) have been mainstreamed in India through print media and popular culture, especially since the post-Babri Masjid demolition (1992) period.Ramayanaand Mahabharatabecame two pinnacles of Hindu culture that Arvind Rajagopal (2001) later critiqued in his extensive works on the Indian public sphere. The usage of the terms great and small in the title of this chapter reflect upon the terms great and little traditions that Yogendra Singh (1986) coined inModernization of Indian Tradition: A Systemic Study of Social Changewith the implication that Brahminical Hindu caste culture has indeed been the great tradition in India. Consequently, it is not just the elite and the powerful but the Hindu high-caste citizens who have the privilege to free speech.

In The State: Exceptions and the Uses of Ambiguity, Muralidharan offers several illustrations from the recent past in India to prove his point. In the last six years under the present regime, India has witnessed random arrests, police brutality and state-sponsored terrorism systematically meted out against tribals, Maoists, activists, journalists and intellectuals. In view of this, Muralidharan asserts that the states that hide the inconvenient truth do not allow journalism to report on the ordinary human sensibility (p 139). He adds that the present Indian states engagement with the Constitution is shrouded in mystery and media freedom to reporting of truth is heavily compromised as a result. He blames the corporate media and rapid commercialisation of the industry for this.

A Glimmer of Hope

However, the future is not totally grim, since the public always find ways to assert, to resist and to have their voices heard. With this high note, he writes Chapter 3 titled Civil Society: Media and the Politics of Anti-politics. Anti-politics here implies the rise of the spontaneous movements led by young people, students and farmers all across the world; for example, the Arab Spring. As part of the new social movements, these spontaneous uprisings defy organised, hierarchical and often misogynistic politics of the mainstream; they are organised around direct participation of young people with lived experiences they are trying to resist and bring in substantial changes in society at large. The political position of these kinds of anti-politics is based on faith in the power of the people. This chapter brings the famous Chilean song back in our everyday conscienceY el pueblo unido Jamsservencido(And the united people will neverbe defeated).

However, rise and sustenance of the anti-politics of the people is not possible, at least, in its present, fruitful sense without the virtual platform of social media, Muralidharan acknowledges. Like Rajagopal, he asserts that the internet has indeed emerged as the digital public sphere, but he is cautious to point out that such digital spheres are constantly under police surveillance. In other words, as Foucault suggested, there is no escape from governmentality. Next, Muralidharan also warns us against the brutality of the social mediaone should not be nave to consider social media as the holy grail of resistance. More often than not, the state uses the digital spaces not just for stalking, but also for systematic hate speeches against its own citizens. In fact, debates around what constitutes counter speech while what is hate speech have been doing rounds for quite some time in public discourses now. Taking them forward, Muralidharan says that civility of the civil society suffers a major setback in social media as the digital spaces are infested with fake accounts and hate speechesboth created by information technology(IT)cells.

Satire and Laughter

While digital space in social media is a cautionary tale, one cannot stop disseminating, one cannot stop resisting, and one cannot stop expressing. Here, Muralidharan turns to political satires and cartoons to express the truth. Focusing extensively on Charlie Hebdo and the attack in its office in Paris in 2015, in the next chapter Satire: The Power of Laughter and the Laughter of Power, he highlights the boon and the bane of satire in authoritarian regimes. One cannot deny that several cartoonists and satirists have been targets the world over for a very long time. Banksy, one of the most popular and prominent satirists of recent times, is anonymous. What does that tell us about the dystopic world we live in? While we revel at the power of laughter in satires, we employ anonymity to cherish that laughter.

In Chapters 5 and 6 Market: Free Speech and the Commercial Imperative and Advertising: Transparency as a Virtue Admired at a Distance, Muralidharan throws light on the reasons behind the dystopia that is now so hard to defeat. In a market-dominated economy and society, free speech is a fiction, he says (p 265). In that sense, if there is no free speech, how can there be media freedom? Whoensures medias access to space and time without unnecessarystate intervention? As a matter of fact, one is not sure whose freedom is moreimportantthe freedom of the public tochoose or the freedom of the advertiser to enforce? In view of that, when news is a commodity, readers are the consumershence, truth, like consent, can also be tailored and manufactured to suit the emotional demands of the latter. Here, advertising plays a significant role.There was a time in the pre-liberalisation,privatisation and globalisation(LPG)era when advertisements financiallysupported news making; now, the advertisement is the news. The global takeover of advertisement corpuses implies gigantic corporate control of airspaces to the extent that media houses close to the regime create and disseminate advertisement contents camouflaged as news. Muralidharan offers the excellent example of brand Modi created by theTimes of India,Dainik Jagran, etc, just before the run-up to the 2014 general elections in India through mediated buzzwords likeModi Wave, Ab ki Bar/Modi Sarkar, Har Har Modi/Har Ghar Modi, NaMo, to name a few. Hence, it is no exaggeration to say, as Muralidharan does, that news has been replaced with advertisement and caters to the demand of the market. This renders the entire discussion of media freedom irrelevant.

This brings us to the last and bare-it-all chapter Journalism: Paid Speech in Sold Media. We have travelled from patchy freedom to paid speech. Be prepared to be Kafkaesque in a world of post truth where one pays their way through the news they want to read. Paid media has witnessed catastrophicsuccess, meandering through fake newsand branding (p 397). Readers have already reached a point of deconstruction from where there is no return. However, the author does offer a slight ray of hopewhat if we are ever able torebuild the journalistic discourse to accommodate freedom back? There is no denying that these are the hopes one lives withnotwithstanding their absurdity.

A well-researched book with an essential ingredient of primary data for anthropological validation, it stands out and is all set to survive the test of time. One is continuously reminded of Faiz Ahmed Faizs famous lines:Bol, ke labh azad hain tere/Bol, zubaan ab tak teri hain.Muralidharan has weaved through the idea of free speech intricately throughout the text and driven the point substantially homefreedom of speech goes hand in hand with freedom of expressionhence, a free media is not an entry point but an end product of the right to free speech, especially in a neo-liberal world. This book points out that it is worth preserving the pragmatic identification of the range of the media as the portals of free speech, truth and free expressionfrom news reports to cartoons and satires to cinema to digital media. Muralidharan has not compartmentalised his vision of freedom, restricting it to print or television. Rather, he tests his hypothesis with conviction across spectrum, but sadly, yet diligently, yields the same resultsfast erosion of freedom of speech in a corporatised society. Kudos to the author for daring to include civility instead of civil society in the title, rightfully reminding the readers that meaningful participation in public life begins with being civil. In our journey from personhood to citizenship, civility is the critical minimum.

One could compare this book with Sanjay AsthanasIndias State-run Media: Broadcasting, Power, and Narrativepublished in 2019. Both Asthana and Muralidharan focus on state-media interface, but the former does so from the perspective of the nation while the latter from the standpoint of the media. Moreover, unlike Asthana, Muralidharan addresses the crucial question of what the location of free speech is if one has to assess the possibility of media freedom in India today.

References

Asthana, Sanjay (2019):Indias State-run Media: Broadcasting, Power, and Narrative, Cambridge: Cambridge University Press.

Chomsky, Noam (2011):The Media Control: The Spectacular Achievement of Propaganda, New York: Seven Stories Press.

Pareto, Vilfredo (1991):The Rise and Fall of Elites: Application of Theoretical Sociology, New York: Routledge.

Rahman, Sarvat (2002):100 Poems by Faiz Ahmed Faiz, New Delhi: Abhinav Publications.

Rajagopal, Arvind (2001):Politics after Television: Hindu Nationalism and the Reshaping of the Public in India, Cambridge: Cambridge University Press.

Singh, Yogendra (1986):Modernization of Indian Tradition, New Delhi: Rawat Publications.

Spivak, Gayatri (1990):The Post-colonial Critic: Interviews, Strategies, Dialogues, New York: Routledge.

Udupa, Sahana (2015):Making News in Global India: Media, Publics, Politics, Cambridge: Cambridge University Press.

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Free Speech and Media Freedom in Corporate India : Countering Their Negative Image - Economic and Political Weekly

How Freedom of Speech Protects You from Rulers Like Trump – The Daily Beast

Not too long ago, I was speaking to an audience at a prominent and highly regarded law school. I was gratified by the sight of this audience: about an equal number of women and men, and a rainbow of different ethnicitiesBlack, Hispanic, Asian.

It was the kind of audience I never saw decades earlier when I was still heading the ACLU and we were fighting to end what had been the historical exclusion of women and people of color at law schools and universities.

The subject we were discussing was speech rights and whether it was ever appropriate, much less constitutional, to prohibit speech because its content was bigoted or hateful.

I was surprised to learn that many in the audience self-identified as progressives and believed that it was both desirable and constitutional to ban what they called hate speech because, they claimed, such speech was a barrier to social justice, to ending the layers of prejudice against women and people of color that had resulted, and still results, in invidious discrimination and subjugation.

I certainly had no quarrel with their passion to end such discrimination and subjugation: I had spent most of my adult life fighting to do just that, and agreed that although much progress had been made, we were still far away from the day when we could declare that fight definitively won.

But I was baffled and surprised that so many in the audience believed that the right to freedom of speech and the cause of social justice were antagonists, and that in order to help attain social justice it was necessary to tolerate, indeed to advocate, bans on speech.

For me, social justice and freedom of speech were not antagonists, but crucial allies that depended on each other.

Historically in the United States, every fight for social justice began with free speech, and depended on the right to speech to initiate and sustain their movement.

In the early years of the 20th century, for example, the nascent labor movement critically requiredand often in the early days did not enjoythe right to meet, to leaflet, to demonstrate, to picket in order to convert their powerlessness into success against oppressive employers.

During the same period, the movement to end lynching of Black people, by courageous advocates like Ida B. Wells, totally depended upon freedom of speech and the right to publish and spread the word about the epidemic of lynchings in the land, and to gather and build opposition to it.

In 1916, Margaret Sanger, the founder of Planned Parenthood, was arrested in New York City nearly every week for distributing informational leaflets on birth control to women victimized and, yes, enslaved by unwanted pregnancies. The beginning of the reproductive rights movement required freedom of speech the way a new plant requires water and sunlight.

The beginning of the reproductive rights movement required freedom of speech the way a new plant requires water and sunlight.

And of course in our own time, the civil rights movement that finally resulted in laws that ended the dominion of Jim Crow in hotels and restaurants and swimming pools and public toilets, on juries and in employment and housing and voting, could not have flourished or succeeded without the First Amendment to protect their efforts to call attention to the abuses of skin-color exclusions and build the support needed to end them.

When in 1955, Rosa Parks sat down in a seat reserved for whites on a bus in Montgomery, Alabama, and a then-unknown young Baptist minister named Martin Luther King, Jr. stood up to support her by organizing a boycott of those buses, none of that would have been possible without the protection of the First Amendment.

And the same was true of the countless other demonstrations, sit-ins and marches during the years that followed, including the one across the Selma bridge that helped build support for the Voting Rights Act of 1965.

That is why the hero of that march in Selma, the recently departed and much revered John Lewis, was a fierce advocate for freedom of speech. As Lewis said: Without freedom of speech and the right to dissent, the Civil Rights movement would have been a bird without wings.

And thats also why Martin Luther King, Jr. was such a strong supporter of the First Amendment. As one of his top lieutenants, Hosea Williams, once explained to a national television audience, he supported the right of the Klan to march peacefully because, he said, if he allowed the government the discretion to ban the Klan in Atlanta on Monday, it would use that power to ban him and his efforts to register Black people to vote in rural Georgia the rest of the week and forever after. The first target of the governments restriction of speech is never the last.

And thats the crucial point about First Amendment rights: If we allow the government the discretion to ban hateful speech, the only important question is who gets to decide whats hateful. We can be sure it wont be those who are oppressed, nor their advocates. It will be whoever has political power. And that will too often include people like Joe McCarthy, Richard Nixon, Rudy Giuliani and, yes, Donald Trump and William Barr. Why would Black Lives Matter protesters demonstrating for social justice want to entrust their speech rights to Donald Trump?

The speech that social justice advocates hate is not the same as the speech that Donald Trump hates. And if it became legal to ban hateful speech, it would be Trump and people like him, not social justice advocates or people like me, who would most often be in a position to decide whose speech to ban.

Speech restrictions are like poison gas: they seem like a good idea when youve got the gas and a deserving target in sight. But then the wind shifts and blows the gas back on you.

In the 1970s, in England, the National Union of Students succeeded in getting racist speech banned on university campuses. One of the groups supporting the ban was an organization of Zionists. A few years later, the same student association decided that Zionism was a form of racism, and banned Zionists from speaking on campuses.

The wind had shifted.

Mighty Ira will be released in virtual cinemas on Oct. 9 and available on Amazon, iTunes, and Google Play on October 23.

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How Freedom of Speech Protects You from Rulers Like Trump - The Daily Beast

Partisans in the U.S. increasingly divided on whether offensive content online is taken seriously enough – Pew Research Center

Americans are divided on whether offensive content online is taken seriously enough and on which is more important online: free speech or feeling safe. Republicans and Democrats have grown further apart when it comes to these issues since 2017.

Overall, 55% of Americans say many people take offensive content they see online too seriously, while a smaller share (42%) say offensive content online is too often excused as not a big deal, according to a new Pew Research Center survey of U.S. adults conducted in early September 2020. In addition, about half of Americans (53%) say its more important for people to be able to feel welcome and safe online, compared with 45% who believe its more important for people to be able to speak their minds freely online, according to an earlier Center survey fielded in July 2020.

Pew Research Center conducted these studies to understand Americans views about whether offensive content online is taken seriously enough and on which is more important online: free speech or feeling safe. For the analyses on offensive content, we surveyed 10,093 U.S. adults from Sept. 8-13, 2020, while 10,211 U.S. adults were surveyed from July 13-19, 2020 for the analyses about the balance between free speech and feeling safe online.

Everyone who took part in these surveys is a member of the Centers American Trends Panel (ATP), an online survey panel that is recruited through national, random sampling of residential addresses. This way nearly all U.S. adults have a chance of selection. This gives us confidence that any sample can represent the whole U.S. adult population. (See ourMethods 101 explaineron random sampling.) The survey is weighted to be representative of the U.S. adult population by gender, race, ethnicity, partisan affiliation, education and other categories. Read more about theATPs methodology.

Here arethe questions, responses and methodology usedfor this report.

Americans differences over these issues are tied to partisanship. Roughly six-in-ten Democrats and independents who lean Democratic (59%) say offensive content online is too often excused as not a big deal, while just a quarter of their Republican counterparts agree a 34 percentage point gap. On the other hand, 72% of Republicans and Republican leaners say many people take offensive content they see online too seriously, while about four-in-ten Democrats say the same.

Partisan differences are also present today when asking about feeling safe versus having freedom of speech online. Democrats are more likely than Republicans to think people being able to feel welcome and safe online is more important than people being able to speak their minds freely online (60% vs. 45%), while Republicans are more likely than Democrats to say people being able to speak their minds freely online is more important (54% vs. 38%).

While the overall shares of the public supporting each perspective are nearly identical to when the Center last asked these questions in January 2017, partisan differences have more than doubled in this time. The partisan gap between Democrats and Republicans on whether they believe offensive content online was taken seriously enough has grown from 13 percentage points in 2017 to 33 points today. And while Republicans and Democrats held similar views about the appropriate balance between free speech and feeling safe online in 2017, these partisan differences grew fivefold by 2020, from a 3-point gap to a 15-point gap.

Within the parties, there are ideological differences in partisans views on offensive content. There is a 16-point gap between the shares of liberal Democrats and those in the party with moderate to conservative views saying offensive content online is too often excused as not a big deal (68% vs. 52%). A smaller gap is present when comparing conservative Republicans with those who are moderate to liberal on the issue of whether many people take offensive content they see online too seriously (74% vs. 68%). Conservative Republicans are also more likely than moderate to liberal Republicans to say people being able to speak their minds freely online is more important than people being able to feel welcome and safe online (57% vs. 49%).

Gender differences are also seen within each party. Republican men stand out for valuing people being able to speak their minds freely online over people being able to feel welcome and safe online. These Republican men (63%) are more likely than Republican women (44%) and both Democratic men (44%) and women (34%) to back that idea. Similarly, 76% of Republican men say many people take offensive content they see online too seriously, compared with 67% of Republican women who say the same.

While the shares of Democrats who support this view are much smaller, Democratic men are more likely to voice the view that offensive content online is taken too seriously compared with Democratic women (43% vs. 36%). These gender differences on the issue of whether people take offensive content they see online too seriously are largely due to the differences between conservative Republican men and women (80% vs. 68%) and liberal Democratic men and women (36% vs. 27%); their more moderate counterparts differed little by gender.

Regardless of political affiliation, women in both parties are more likely than their male counterparts to think offensive content online isnt taken seriously enough and to prioritize people feeling safe over people being able to express themselves freely online. Even when conservative Republican women are considered, about half or more of women say people being able to feel welcome and safe online is more important than people being able to speak their minds freely online.

In addition to valuing people feeling safe online and thinking offensive content online isnt taken seriously enough, both Democrats (77%) and women (72%) are more likely to say social media companies have a responsibility to remove offensive content from their platforms as compared with Republicans and men (52% and 59%, respectively), according to a 2019 Center survey.

Note: Here arethe questions, responses and methodology usedfor this report.

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Partisans in the U.S. increasingly divided on whether offensive content online is taken seriously enough - Pew Research Center

HOA orders Trump supporters to pull the plug on shocking signs – WHAS11.com

Two people in Louisville ordered to disconnect electric shock device on Trump campaign signs.

LOUISVILLE, Ky. Were they protecting freedom of speech or creating a neighborhood hazard? The answer depends on who you ask. A Louisville neighborhood is buzzing after two residents electrified their political signs, they say, to keep them from being stolen. Both residents are fans of President Donald Trump.

It's a fence charger that I had up in 2016, Walter Francis explained. But that's all they (thieves) would get would be a shock.

An electrical current flowed through his sign of political pride and signs just around the corner at Shirley Borowick's place.

In 2016 we had 3 or 4 signs stolen until we put electricity on them and they were left," Mrs. Borowick explained. So, we figured this time we would just put the electricity on to begin with without having them stolen.

Mr. Francis says he had 6 signs stolen in 2016 and was not going to let it happen again.

An electric fence box hangs from a tree in his front yard, up the line from two signs. Shirley and Walter hoped that a taste of juice would leave an impression on anyone considering stealing their power-packed message.

They were, indeed, not stolen as of this week. But someone in the Stone Lakes subdivision complained and that short-circuited the conservative neighbors plans.

Someone called the police, so Shirley added an additional warning that read, No trespassing! High Voltage!

That's when the fire department made a visit. Posts about the sight lit up a private community group and the H-O-A sent a note telling both families to disarm the campaign ads. Both say that they since pulled the plug. But they insist this isn't about the electricity rather it's an attack on free speech and their chosen candidate.

An HOA attorney argues it has everything to do with danger and nothing to do with the content of the political signs.

Attorney Kerry Butler released this statement:

A few days ago, through our neighborhoods official Facebook page, we were made aware of two (2) homes in our neighborhood which had campaign signs in their yard, which campaign signs were wired to a live electrical current. These displays were designed, presumably as a deterrent to anyone who might attempt to steal the signs, to provide an electrical shock to anyone who might come in contact with the signs.

The Board of Directors of Stone Lakes Homeowners Association, Inc. takes their responsibilities as board members very seriously, and no single subject is of greater importance to the Board that the safety of their neighbors. After the Board made a determination that a nuisance, as well as a dangerous situation with the potential to cause injury to anyone who might come in contact with the signs existed, letters were mailed by the HOAs attorney to the two (2) sets of homeowners where the signs in question were displayed. The content of the campaign signs in question, did not factor into the Boards decision to send the letters to the homeowners. The residents were not demanded to remove the campaign signs, but only that they be disconnected from any electrical power source, so as to alleviate any concerns of injury to any person or pet.

In an October 8th phone call, the HOAs attorney again clarified to one (1) of the homeowners that the content of the campaign signs was not an issue, and that the campaign signs could stay, so long as they were disconnected from the electrical power source, and so long as a third hand-written sign which read No Trespassing!! Stay Off High Voltage!! Stay Off was removed from the lot to alleviate perception of danger. The Stone Lakes HOA Board has no interest in attempting to infringe on anyones freedom of speech. Stone Lakes is a safe and friendly neighborhood, and the Board took action to ensure that it remains safe and friendly for all residents and visitors.

Shirley and Walter say their signs are staying through the election. He has a new message to would-be thieves.

If they were to get caught on my lawn trying to take my signs, they might have a problem, he said.

Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. ForAppleorAndroidusers.

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HOA orders Trump supporters to pull the plug on shocking signs - WHAS11.com

LSU may shine on the gridiron, but it falls short on free speech: survey – The College Fix

LSU may shine on the gridiron, but it falls short on free speech: survey

October 9, 2020

Louisiana State Universitys football team went undefeated last season. The school is at the back of the pack, however, when it comes to protecting the First Amendment.

That according to a report in RealClearEducation, which points out the Baton Rouge-based public university came in 53rd out of 55 schools in a survey it conducted recently in partnership with College Pulse and the Foundation for Individual Rights in Education.

Donavan Newkirk reports:

More than two-thirds (68%) of LSU students have felt at some point they could not express their opinion on a subject because of how students, a professor, or the administration would respond.

Students also say they experience the suppression of First Amendment rights.

This August, several residential advisors resigned out of concern that LSU is not adequately prepared for COVID-19, according to FIRE. According to a report, the RAs were specifically forbidden from speaking to the media, including the on-campus newspaper, The Reveille.

The report also notes that in 2015 LSU fired a tenured early-childhood education professor for using coarse language in class and FIRE gives LSU a red light rating, meaning it has at least one policy that both clearly and substantially restricts freedom of speech.

Read the entire article at RealClearEducation.

IMAGE: Flickr

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LSU may shine on the gridiron, but it falls short on free speech: survey - The College Fix

Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic – JD Supra

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with howand whetherto regulate politics in the workplace. Options for employers differ dramatically depending on context and location and whether an employer seeks to regulate behavior in the workplace or off-duty conduct, such as posting on social media.

With less than four weeks to go until election day, political speech in the workplace is at a high-water mark, and employers nationwide are grappling with employees seeking to wear masks and other clothing in support of a candidate, a social issue, or a political message and engaging in political activity off-duty, including posts on social media and attending protests or political rallies. In many cases the speech or activity at issue does not implicate working conditions directly but it nevertheless causes distractions in the workplace, such as disagreements among coworkers or offended customers. Depending on the messaging at issue, political speech by employees may also impact an employers business or brand.

These are some of the reasons employers might consider instituting limitations on political speech in the workplace. Such limitations are often lawful, but it depends on the context--specifically, whether an employer is public or private, where the employer is located, whether an employee is at-will or has an employment agreement, and whether the speech at issue relates to working conditions. As discussed below, because of state and federal constitutional provisions, a public employers ability to restrict political speech by employees is generally less than that of a private-sector employer.

Even so, private-sector employers are constrained by federal and state laws when it comes to regulating employee speech, including political speech.

The National Labor Relations Act

Section 7 of the NLRA gives employees the right to unionize, to join together to advance employee interests, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Section 8(a)(1) makes it an unfair labor practice for an employer to interfere with Section 7 rights. In many instances, it can be difficult to determine whether a type of speech or activity is purely political in nature or whether it touches on working conditions, such that it might be activity or speech protected by Section 7.

For example, if employees distribute literature in support of a political candidate at work but tie their support to a work-related issue, i.e., this candidate will improve our healthcare or vote for candidate because he will pass laws to raise our wages, the speech would arguably be protected by Section 7, even if it is political in nature. Conversely, an employee wearing a Vote for Smith button--with no connection to the workplace--would not be protected by Section 7. In Eastex v. NLRB, 437 U.S. 556 (1976), a group of employees requested permission from the employer to distribute a newsletter urging employees to support a union. The newsletter also encouraged employees to lobby legislators in opposition to the states right-to-work statute and the Presidents planned veto of an increase in the minimum wage. The employer denied the request, stating that the political items had nothing to do with the employers relationship with the union. The Supreme Court rejected the employers reasoning, instead holding that employees do not lose Section 7 protection simply because they seek to improve terms and conditions of employment or otherwise improve their lot as employees through channels outside the immediate employee-employer relationship. Id. at 565.

Where permitted by state law, private-sector employers can often regulate political speech in the workplace by enforcing their existing policies on items such as solicitation and distribution of literature, uniforms, dress code, and policies against violence, threats, intimidation, discrimination, and harassment, including EEO policies. For example, while the NLRA would restrict an employer from banning union buttons or insignia, an employer can implement dress code policies prohibiting the display of purely political buttons and logos in the workplace without running afoul of the NLRA.

Other federal laws

Similar to the NLRA analysis, activity or speech that is purely political in nature is unlikely to be protected under other federal statutes such as Title VII of the Civil Rights Act. But political speech that constitutes animus towards other coworkers in a protected class or that creates a hostile work environment may require an employer to intervene to avoid liability under those statutes.

But What About the First Amendment?

One issue that often gets raised initially by employees is the First Amendment. This can be somewhat confusing because many are taught about freedom of speech in school--specifically in the context of political movements and activities. Of course, this is a misunderstanding in the context of private employment. The First Amendment protects against government activity, not activity in the private sector. Thus, government employees do have a right against retaliation for expressing their views, including political views, under the First Amendment, and public-sector employers will have to engage in a balancing test before restricting employee speech on matters of public concern. But this does not extend to private sector employees, unless another state or local law extends it to them.

A Complex Web of State and Local Laws

As soon as employee political activity issues arise, one of the first things that an employer should consider is where, geographically, the issue is arising. This is because the employers ability to regulate the conduct largely depends on the jurisdiction in which the employee political activity takes place. Some states (and localities) have no laws regulating this topic. Others have laws that moderately regulate an employers ability to regulate political activity. Still, others have broad protections for both on-duty and off-duty conduct. While we will not discuss every states and localitys laws, we will discuss some common types of laws and provide a few examples.

For example, some states (like Maine) have no laws regulating employer involvement in limiting employee political activities in the workplace. Employers in states like this have less to consider when it comes to placing limits on employee political activity. Similarly, other states (like Georgia) only ban threats to personal safety. The situations where this type of law places an actual limit on an employers ability to regulate employee political activity would seem to be exceedingly rare given the severe type of conduct required to trigger it.

Another group of states (for example, Wyoming, Virginia, Vermont, New Hampshire, Kansas, and Oklahoma) and even the federal government for particular elections have general bans on voter intimidation and coercion. These laws would presumably encompass employer behavior. Other states have more tangible protections directed specifically at employers, but may be limited to traditional notions of political activity, such as influencing voting in various ways. For example, several states prohibit employers from taking or threatening to take adverse employment action against employees, such as terminations, layoffs, or pay reductions, based on the result of an election or how an employee votes. Examples of states with laws along these lines are Florida, Delaware, Arizona, and Alabama.

Other states go further and protect employees from adverse actions based on the employees engaging in broader political activities or lawful off-duty conduct. For example, Connecticut actually extends First Amendment protections to private sector employees. California prohibits employers from making rules or policies that tend to control or direct political activities, and likewise prohibits employers from threatening discharge to influence political activity. California also prevents employers from taking adverse action against employees based on lawful off-duty conduct. New York and North Dakota have similar protections for lawful off-duty conduct. That said, these protections are not unlimited. In general, employers may limit the activity if necessary to further a legitimate business interest or if the limit is unrelated to the political activity itself.

As can be seen, there is a wide spectrum of laws in this area. So, one of the first things an employer needs to consider is geography. The location of the employee typically will determine the amount of employer limitation permissible. The next thing to consider is the type of employee conduct at issue. Is it as simple as voting? Or, does it involve more general political activity of employees (promoting candidates or social causes)? The latter involves the more difficult scenario. We discuss a few examples below in both the off-duty context and in the workplace.

Off-duty political speech

Off-duty political speech can also impact employers, particularly on social media. As discussed above, depending on the speech at issue, political posts by employees can create rifts among coworkers or somehow imply the endorsement of the employer, upsetting customers or attracting unwanted media attention. As with on-duty conduct, an employers best avenue to resolve issues is by enforcing its existing policies. While we would not advise that an employer go so far as to ban an employee from engaging in any off-duty political conduct, employers in most cases can protect their legitimate business interests and enforce existing policies applicable to social media use, including EEO policies and policies prohibiting harassment, threats of violence, and bullying.

Example 1: Employee posts an article on Facebook discussing the Me Too movement and says Weve seen enough. Time to stand up for our female coworkers in the workplace. Such a post implicates working conditions and is likely protected by the NLRA. Additionally, the off-duty nature of this activity would render it protected under many state laws.

Example 2: Employee retweets a tweet from a well-known white supremacist containing racial slurs. Such conduct would violate many of the employers policies, including anti-harassment and anti-discrimination policies. Further, an employer who fails to take action after learning of such a post could later face claims that it allowed a hostile work environment. The employer can discipline the employee under these circumstances but should make sure that it addresses these issues consistently. The employer should also document how it became aware of any such posts to avoid later claims of unlawful employee surveillance or discriminatory targeting.

Political Speech in the Workplace:

As discussed above, state laws place various limitations on an employers ability to limit political activity in the workplace.

Example 1: Employer puts up a poster supporting same-sex marriage in the employers lunch room. An employee believes that marriage should only be recognized between one man and one woman, rips the poster off the wall, and throws it in the trash. Can the employer discipline or terminate the employee? It depends on the state and the employers motivation. However, as discussed above, any stated reason for discipline or termination reason must be unrelated to the employees view point given that it may qualify as political activity under various state laws. For example, if the conduct violated a policy against destruction of employer property or an anti-harassment policy, the discipline or termination could be lawful even in the most restrictive states.

Example 2: Two employees are discussing presidential candidates at work by the water cooler. The two employees disagree with one another, and the conversation degenerates. One employee begins to insult the other by calling the other employee names, using profanity, and even a racial slur. Such conduct would almost certainly violate the employers anti-harassment, anti-discrimination, anti-bullying, and potentially other workplace policies. Thus, the employer likely could also discipline this employee based on the violation of these policies, but it could not discipline the employee because of their support of a particular candidate.

The examples above are just some of the types of issues that can arise when it comes to political speech. Many are arising now due to the impending presidential election, and they tend to come up more often during election years. However, given how hotly contested the current election is, it is unlikely that issues related to political speech will recede any time soon. As the examples above illustrate, the intersection of politics and the workplace can pose a conundrum for employers. As you navigate these waters, Seyfarth is here to help.

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Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic - JD Supra

Our Democracies Need to Change – The New York Times

PAUL POLMAN What weve seen in the Covid crisis once more is the difficulty of global governance. Increasingly, the issues that we face like the issues of the interdependence of the financial markets, cybersecurity, climate change and now also pandemics require, without any doubt, a global response. These issues know no borders. And yet weve got about 86 countries putting export restrictions in place around [personal protective equipment] materials. Weve seen a lack of cooperation between governments in terms of solidarity. The developing markets have gotten virtually zero support from the developed markets. So global governance is, without any doubt, at a low. And the reason it is at a low is that most institutions were created 70 years ago. And, frankly, unlike businesses that might have adjusted their strategies 10, 15, 20 times, global governance has not evolved.

ARON CRAMER One of the reasons that some oil and gas companies have begun to move on climate change more decisively is because they recognize that they can no longer attract the best and the brightest. They simply wont have an employee base if they dont contribute whats needed in a very profound way on climate. Its very unlikely that Amazon would have moved on climate without a very public display from its employees and, mostly, its younger employees to demand quite publicly that the company adopt an approach that is compatible with what we need to do on climate. Businesses have to understand that 21st-century talent expects that we can take on these big social issues, not least climate change, and without that, the pool of talent will not be available, and no company would possibly survive or thrive.

In recent months, the multifront battle between social media platforms, their users and the authorities who would regulate them has accelerated even further. What role does, or should, government play in keeping platforms honest and their users safe? And what tools can help citizens be more engaged?

PANELISTS Dan Shefet, lawyer, Paris Court of Appeal; Wietse Van Ransbeeck, co-founder and chief executive, CitizenLab, a citizen-engagement platform; and Orit Farkash-Hacohen, Israeli minister for strategic affairs.

ORIT FARKASH-HACOHEN Today there is no doubt that social media has become a haven for fake news, for incitement, for hate speech. What happens in my view is that in the name of, or on behalf of, freedom of speech, some groups spread fake news and violence around social media networks. And that is something that a state, every state, cannot overlook. As a minister, I started a process of engagement with the social media networks in Israel. We are conducting a round table with social media because I think that we cant do it alone. Only enforcement and regulation will not do the trick. Social media networks must understand that they have power, and with power comes responsibility and accountability. And the fact is that, at the end of the day, they have the power to control the minds and to corrupt minds. This cannot be overlooked. So were implementing a program of four steps with the social media giants. We want them to create relevant and clear policies. They should enforce their policies without double standards. They should be transparent about the facts. And, lastly, [they should] remove problematic content.

WIETSE VAN RANSBEECK So we [at CitizenLab] provide a digital democracy platform. There are of course many other tools, or other platforms available. But what we do is we help citizens have a say in local policymaking within government projects, but also more from the bottom up, where citizens can bring up their proposals. Whats different, compared to social media, is that it actually starts from a broader question: How are we going to constitute the public sphere in the digital era? And social media are not a means to have a constructive debate. We all know about filter bubbles on social media networks, the echo chambers. So I think its also the responsibility of the government to rethink how we are going to create that digital democracy. And such [government-administered] platforms can be interesting because those platforms are owned by the government; they are the data owners. So when it comes to manipulation, the government is in control. They can also, when they procure those platforms, design the platforms in a way that some democratic values are safeguarded, in the sense that when we talk about transparency and openness, they can procure open-source platforms and make sure that the algorithms are open and transparent, but at the same time, when artificial intelligence is used, that its explained to the citizens in what way it is used. So I believe that probably the most important aspect is that those platforms can constitute a space where you have citizens from different backgrounds deliberate and have conversations with each other. And that is essential for democracy in the digital age, that were not only talking to people like us, but that we can have conversations with people who have different opinions.

DAN SHEFET Ive had the opportunity of following almost all the cases before the International Criminal Court, the special tribunal on [Rwanda], the special tribunal on Yugoslavia and even the Nuremberg trials, dealing with incitement, and I can tell you that it is extremely difficult, even for the most trained judges, to decide whether something is illicit speech or not. There are many, many cases from these high-level courts, where somebody is either acquitted or convicted at the first level, and that decision is overturned on appeal. In other words, its extremely difficult. And I dont see how we can oblige social media to be more clever than professional judges in terms of defining whether something is illicit speech or not, given, of course, that once we do that, we mathematically restrict not only free speech, but we also impose upon these organizations accountability sanctions, which are not related to knowledge. And that, to me, is not possible from a legal point of view.

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Our Democracies Need to Change - The New York Times

How Big Tech became such a big target on Capitol Hill – CNBC

Facebook Chief Executive Mark Zuckerberg walks past members of the news media as he enters the office of U.S. Senator Josh Hawley (R-MO) while meeting with lawmakers to discuss "future internet regulation on Capitol Hill in Washington, September 19, 2019.

Joshua Roberts | Reuters

After a 16-month investigation into competitive practices at the largest U.S. tech companies,Democratic congressional staffers laid out their findings this week in a 449-page report. They concluded that Apple, Amazon, Facebook and Google enjoy monopoly power that needs to be reined in, whether that means breaking the companies up, blocking future acquisitions or forcing them to open their platforms.

Wall Street shrugged at the news. Three of the four stocks rose the day after the report's release, reflecting investors' long-held view that regulators and politicians are in no position to squelch Big Tech's continuing rise and market share expansion.

Still, lawmakers certainly aren't putting the matter to rest. And with Joe Biden carrying a commanding lead in the polls less than a month before the Nov. 3 election, tech companies face the possibility of Democrats controlling the White House and both branches of Congress in 2021.

Should Democrats win the Senate, it would put Elizabeth Warren and Bernie Sanders, who are among the loudest voices calling for the break up of Big Tech, in the majority.

Here's what Warren had to sayin early 2019:

"Today's big tech companies have too much power too much power over our economy, our society, and our democracy. They've bulldozed competition, used our private information for profit, and tilted the playing field against everyone else. And in the process, they have hurt small businesses and stifled innovation."

How did this happen? Just a decade or two ago, tech companies were seen as innovators, as young industry disruptors focused on making consumers' lives easier. How did they turn into the dark faces of corporate America, with their every move questioned at the highest levels of government?

There's no single answer. But here are a few key things that happened in recent years to paint a giant bullseye on tech.

Five years ago, Apple, Amazon, Google, Microsoft and Facebook were among the most valuable companies in the world, worth a combined $2 trillion. Today, that number is above $7 trillion, more than tripling over the last half-decade, while the broader S&P 500 climbed 73% over the same stretch.

The five tech giants are by far the most valuable U.S. companies and now make up over one-fifth of the S&P 500 and a whopping 46% of the Nasdaq 100.

Lawmakers have largely decided to give Microsoft a pass as they probe Big Tech for anti-competitive behavior, despite the software maker's swelling market cap and influence.

What they see in each of the other four is are companies that price out competition, exploit consumers, rip off partners or collect vast amounts of user data. Sometimes, all of the above.

The massive market cap appreciation and consolidation is the result of revenue growth, profitability and investor expectations that nothing's going to challenge the dominance of these companies. Trillion-dollar valuations and immense profit margins also foster a self-perpetuating cycle: The tech giants have such high equity value and big cash hoards, they can easily outbid smaller players.

While history is filled with companies enjoying dominant market positions and outsized market caps, the difference today is that one industry is home to all of them.

Amazon CEO Jeff Bezos

Alex Wong | Getty Images

Amazon has gone from being the everything store to the everything company.

Well past its original e-commerce roots, it's now a major player in cloud infrastructure, media, consumer hardware, grocery, payments and advertising, and has big ambitions in health care and other industries.

Even with annual revenue poised to top $350 billion, Amazon continues to report steady revenue growth and has recently started generating hefty profits, thanks to Amazon Web Services, its cloud computing business.

The extent of that business became clear for the first time in April 2015, when Amazon started reporting its finances and revealed that AWS was earning about about $1 billion a year in profits, even as the entire company was breaking even or losing money. In other words, while everybody thought Amazon was an e-retailer with a nice side business in cloud computing, it had quietly built a gigantic and profitable software business.

Last year, AWS earned more than $9 billion in profit on $35 billion in sales, making it the number-three software company by sales volume, trailing only Microsoft and Oracle.

Then, after helping spur the decline of physical retail for years, Amazon jumped into the brick-and-mortar world, buying upscale grocer Whole Foods for $13.7 billion in 2017. Would Amazon do to groceries what it did to information technology?

Amazon's physical footprint also includes its unmatched network of fulfillment centers and last-mile delivery facilities. It's now America's second largest employer and has continued to aggressively hire amid a broader economic downturn tied to the coronavirus pandemic.

Amazon upset lawmakers in 2017, when it courted proposals for its next headquarters and had cities offering up all sorts subsidies to try and win the deal. It ended up choosing two cities -- New York and Washington, D.C., only to back out of New York at the last minute because of fierce opposition from some locals.

The eccentricity and ambition of CEO Jeff Bezos has contributed to the company's mythos. Bezos spends billions a year on his private space travel company, Blue Origin. He bought the Washington Post in 2013, giving him an influential arm of the national media (although he does not exercise editorial oversight) and turning him into a favorite punching bag for President Donald Trump, as the Post frequently criticized Trump as both candidate and president. In 2017 he became the richest person in the world, and in 2019 publiclyconfronted a tabloid that threatened to publish details of an extra-marital affair.

While investors have cheered Amazon's growth, politicians from both parties have recently decried its unfettered expansion, includingits unruly marketplace and alleged anti-competitive tactics. Calls to break up Amazon peaked this summer when CEO Bezos appeared in front of Congress for the first time to answer questions about its market power and business practices.

Google CEO Sundar Pichai testifies before the House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law during a hearing on "Online Platforms and Market Power" in the Rayburn House office Building on Capitol Hill, in Washington, July 29, 2020.

Mandel Ngan | Pool via Reuters

In a little more than a decade, Facebook and Google have completely reshaped the world of advertising.

Last year, the companies recorded a combined $232 billion in sales, up almost 10-fold from 2009.

EMarketer said it started using the term duopoly in 2017, but the ad industry saw the trend quite clearly before that. As of 2016, according to eMarketer's own data, the companies controlled a combined 57.9% of the digital U.S. ad market. Based on estimates provided in late 2019, that share has topped 60%.

Meanwhile, advertising dollars for the news industry plummeted from $38 billion in 2008 to $14 billion in 2018, according to the Pew Research Center. The News Media Alliance argued this year in a letter to the Department of Justice that Google had for years used news content to enhance its bottom line, pulling money from the actual content providers.

It's not just the news business that's hurting. TheWorld Advertising Research Center (WARC) predicted earlier this year that global advertisers would spend more on Google and Facebook than on television. The third-largest U.S. digital ad company is now Amazon, which doesn't help Big Tech's defense against regulators.

Business reliance on Facebook was underscored this year when a large roster of major marketers paused spending in support of a campaign called "Stop Hate For Profit," to pressure the company to take steps to stop the spread of hate speech and misinformation on the site. Some of those advertisers said they wanted to stop spending on Facebook permanently, but they ultimately couldn't afford such a drastic move.

Facebook co-founder, Chairman and CEO Mark Zuckerberg testifies before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill April 11, 2018 in Washington, DC.

Yasin Ozturk | Anadolu Agency | Getty Images

In his first public appearance after Trump's election in 2016, CEO Mark Zuckerberg swiftly dismissed criticisms that his company played much of a role in the outcome.

"Personally I think the idea that fake news on Facebook, which is a very small amount of the content, influenced the election in any way I think is a pretty crazy idea,"Zuckerberg said.

Zuckerberg was quickly proven wrong. Facebookpublished a case studyin April 2017 confirming that outside groups had attempted to use its social network to sway the outcome of the 2016 election. In Feb. 2018, a federal grand jury indicted 13 Russian nationals and an accompanying FBI report detailed how they used Facebook and Twitter to wage "information warfare" against the U.S. and "sow discord" in the American political system in an effort to help Trump win.

In 2018, reporters at the New York Times and The Observer revealed that consulting firm Cambridge Analytica had improperly accessed the data of 50 million Facebook users (later revised to 87 million) and used it to try and sway potential voters towards Trump.

Around the same time, U.N. investigators determined the companyplayed a determining rolein the genocide of Rohingya Muslims in Myanmar.

"It has ... substantively contributed to the level of acrimony and dissension and conflict, if you will, within the public," said Marzuki Darusman, chairman of the U.N. Independent International Fact-Finding Mission on Myanmar.

The hits kept coming, as government agencies began digging deep into Facebook's practices.

In December 2018, the U.K. Parliament published 250 pages of internal Facebook documents, providing insight into the company's strategies against competitors. In one example, Zuckerberg instructed his staff to cut off the ability for users of Twitter's Vine social app to connect it with Facebook as a way to find their friends on the service.

Early the following year, as part of her presidential campaign platform, Sen. Warren proposed the breakup of Facebook, potentially including separating Instagram and WhatsApp. Facebook co-founder Chris Hughes echoed Warren in May 2019, when he called for splitting the company apart.

"The most problematic aspect of Facebook's power is Mark's unilateral control over speech," Hughes wrote. "There is no precedent for his ability to monitor, organize and even censor the conversations of two billion people."

The Federal Trade Commission launched an antitrust investigationin June 2019,followed a couple months later by state attorneys generaland theDepartment of Justice. In November, California State Attorney General Xavier Becerra disclosed that his state had also begun a probe into Facebook the prior year.

Consumer data is the currency of the internet. Increasingly, when people look around their house, car or office, they see or hear Google, Facebook and Amazon in every corner.

The 2018 Facebook-Cambridge Analytica scandal may have been the biggest wake-up call, but perhaps the first was when Edward Snowdenleaked details of the National Security Agency's tapping of U.S. phone calls. Consumers who had thought communications networks offered the same privacy as a quiet personal conversation realized that wasn't the case.

In 2018, a local Seattle TV network reported that a family in Portland blamed its AmazonAlexa device for recording a private conversation and then sending it to a random contact. Amazon called the event an "extremely rare occurrence" and said it was triggered because the device interpreted something the family said as "Alexa," and then followed a command that was never given.

Facebook users have for years accused it ofeavesdropping on conversations through its apps. How else could Facebook or Instagram show an ad for a product they were just talking about with a friend in a real-world conversation? But Facebook repeatedly insists it doesn't listen. That suggests its behavioral ad targeting is just frighteningly good.

Privacy has been a particularly resonant issue this year, amid the national conversation around the excessive use of force by police and fears of government surveillance. Ring, the Amazon-owned doorbell company, has faced criticism for partnering with police forces. Amazon and Microsoft both yielded to pressure to announce that their facial recognition software is not being used by police departments.

Consensus has grown in Congress over the need for a national digital privacy law to protect Americans against the exploitation of new technologies. In the meantime, we all keep handing over our data.

The congressional report does not mean that the big tech companies are going to be broken up this year, or any time soon. Instead, the report was intended as a broad recommendation to Congress to reshape the antitrust laws to go beyond their currently narrow scope of protecting consumers on pricing and competition, and instead think about "workers, entrepreneurs, independent businesses, open markets, a fair economy and democratic ideals."

Meanwhile, the Department of Justice, Federal Trade Commission and various other federal and state governments are investigating confronting the big technology companies one at a time on a wide variety of issues, from labor practices to privacy to fair competition. But those cases can take years to complete, as Microsoft's experience in the 1990s and 2000s shows, and the companies can absorb huge fines without lasting damage -- Facebook's stock actually rose in July 2019 after the FTC fined it $5 billion over privacy lapses.

Nonetheless, the fact that Congress is not afraid to issue a 449-page damning indictment of Big Tech in an election year shows how much attitudes in D.C. have changed. The clock is ticking.

WATCH: Antitrust expert breaks down Big Tech concerns

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How Big Tech became such a big target on Capitol Hill - CNBC

Daily Crunch: Big tech responds to antitrust report – TechCrunch

The major tech platforms push back against the House antitrust report, Google Assistant gets a guest mode and we interview a freshly minted Nobel laureate. This is your Daily Crunch for October 7, 2020.

The big story: Big tech responds to antitrust report

The House Judiciary Committee released its tech antitrust report late yesterday, concluding that the big tech platforms should face additional regulation. Recommendations include creating new separations to prevent dominant platforms from operating in adjacent lines of business, new requirements for interoperability and data portability and increased restrictions on mergers and acquisitions.

For now, these are just recommendations and they werent endorsed by the committees Republican minority. But they have prompted forceful responses from four of the companies targeted by the report: Amazon, Apple, Facebook and Google.

Amazon, for example, dismissed the committees views as fringe notions and regulatory spitballing, while Apple said it vehemently disagrees with the reports conclusions.

The tech giants

Google Assistant gets an incognito-like guest mode With Guest mode on, Google Assistant wont offer personalized responses and your interactions wont be saved to your account.

Slack introduces new features to ease messaging between business partners One new feature: Slack Connect DMs, allowing users inside an organization to collaborate with anyone outside their company simply by sending an invite.

Instagrams Threads app now lets you message everyone, like its Direct app once did These changes are rolling out shortly after a major update to Instagrams messaging platform.

Startups, funding and venture capital

Envisics nabs $50M for its in-car holographic display tech at a $250M+ valuation The startup brings together computer vision, machine learning, big data analytics and navigation to build hardware that integrates into vehicles to project holographic, head-up displays.

Shogun raises $35M to help brands take on Amazon with faster and better sites of their own Shogun lets companies build sites that sit on top of e-commerce back-ends like Shopify, Big Commerce or Magento.

DoorDash introduces a new corporate product, DoorDash for Work DoorDash says it conducted a survey of 1,000 working Americans last month and found that 90% of them said they miss at least one food-related benefit from the office.

Advice and analysis from Extra Crunch

Transportation VCs suggest frayed US-China ties will impact mobility markets During TechCrunchs annual Mobility event, we interviewed three investors who spend much of their time focused on shifts in the transportation industry.

Unqorks $207M Series C underscores growing enterprise demand for no-code apps The no-code/low-code world could be enjoying an even sharper tailwind than anticipated.

Media roundup: Google to cut big checks for news publishers, Substack continues to draw top creators, more I do my best to highlight the latest trends, platform shifts and noteworthy funding rounds.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

Nobel laureate Jennifer Doudna shares her perspective on COVID-19 and CRISPR CRISPR co-discoverer Jennifer Doudna was named a Nobel laureate in Chemistry today, so it seemed like the perfect time to post video of our interview at Disrupt.

Tech-publisher coalition backs new push for browser-level privacy controls A coalition of privacy-forward tech companies, publishers and advocacy groups has taken the wraps off of an initiative to develop a new standard that gives internet users a simple way to put digital guardrails around their data.

The Daily Crunch is TechCrunchs roundup of our biggest and most important stories. If youd like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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Daily Crunch: Big tech responds to antitrust report - TechCrunch

Big Tech, Out-of-Control Capitalism and the End of Civilization – Scientific American

My girlfriend, Emily, is always telling me I have to read this or watch that. I usually resist. I have my own obsessions to indulge, like quantum mechanics. Whats annoying is that her recommendations, when I grudgingly comply with them, often turn out to be sound.

This happened with two of Emilys recent picks. One is The Social Dilemma, a documentary on Netflix. It sounded boringanother expose of the perils of social media. Ho hum, old news. But the film gripped me. Its an in-depth look at how big tech companies, by amassing more and more data on us, are getting better and better at manipulating us, with devastating results.

The film has several strands. One envisions, with actors, how social media hurt an American family. A teenage girl, stung by a casual online remark about her ears, sinks into depression, while her older brother tumbles into the rabbit hole of conspiracy theories. The film also depicts evil AI algorithms, played by three versions of a single creepy actor, ensuring that the teenage boy remains addicted to his smartphone.

These dramatizations were a little hokey. The most compelling, and disturbing, component of the documentary consists of interviews with tech insiders worried about what they have wrought. Actually, worried is too bland a word. These veterans of Google, Facebook, Twitter and other companies are freaking out. Some think digital technologies, unregulated, might destroy civilization.

Google, et. al. equip legions of brilliant engineers with vast databases and powerful AI programs to make their products as addictive as possiblethat is, to maximize the time we spend staring at a screen. The designers of these devices find them irresistible, too. Tim Kendall, former head of monetization for Facebook, recalls that after spending all day trying to boost his firms profits, he went home to his wife and kids and could not stay off his phone. Knowing what was going on behind the curtain, I still wasnt able to control my usage.

The more time we spend on our screens, the more the companies learn about us, the more money they make from advertisingcommercial and politicaltailored to our fears and desires. And once they deduce what news and (mis)information we like, or might like, online sites feed us more of it, confirming our biases. If you begin a search on, say, climate change, Google may suggest different results depending on what it knows about you and others where you live, according to a former Google designer.

This data-driven pandering not only keeps us glued to our devices. It has also contributed to the proliferation of fake news and conspiracy theories and to social schisms in the U.S. and elsewhere. We end up living in parallel universes with radically different views of global warming, race, gender, immigration, crime, abortion and COVID-19.

Some techies believed, initially, that they were creating a better world. Our entire motivation was Can we spread positivity and love in the world?, says Justin Rosenstein, who helped design Facebooks like button. The possibility that teens would be getting depressed when they dont have enough likes, or it could be leading to political polarization, was nowhere on our radar.

Yes, digital technologies yield vast benefits. During the pandemic I keep in touch with friends and family via e-mail and Zoom, and I teach my classes online. I can do research for this articlerewatching Social Dilemma and looking up reviews on my laptopright here in my apartment. When I tire of brooding over the downside of tech, I can binge on Community and Arrested Development.

Our digital era is a blend of utopia and dystopia, says Tristan Harris, who left Google to cofound The Center for Humane Technology (a phrase that sounds increasingly oxymoronic). I can hit a button on my phone and a car shows up in 30 seconds and I can go exactly where I need to go. That is magic. But Harris fears techs ill effects are outweighing its benefits. If we dont agree on truth, he says, or even that there is such a thing as truth, were toast.

One pundit insists that newspapers, radio and television didnt destroy civilization, and neither will smart phones. Another retorts that smart phones are far more addictive than previous information technologies. When many of us wake up in the morning, he notes, the only question is whether we check our phones before we pee or while we pee. And modern methods of surveillance and persuasion make those employed in the predigital era look laughably crude.

Toward the end of the film, Social Dilemma identifies capitalism as the ultimate cause of the ills wrought by big tech. Rosenstein, the Facebook designer, notes that capitalism promotes short-term thinking based on this religion of profit at all costs. This approach, which views nature as something to be mined, literally and metaphorically, for monetary gain, has given us climate change and other environmental threats.

The successful big-tech firms have figured out how to mine our attention. Were more profitable to a corporation, Rosenstein says, if were staring at a screen, staring at an ad, then if were spending our time living our life in a rich way. Rosenstein and others say the government must regulate tech firms to limit the harm they do; the companies cannot be trusted to regulate themselves.

Shoshana Zuboff, a psychologist at Harvard Business School, contends that companies should not be free to gather and sell information on customers without their consent. These markets undermine democracy and they undermine freedom, and they should be outlawed, she says. This is not a radical proposal. There are other markets that we outlaw. We outlaw markets in human organs. We outlaw markets in human slaves.

These calls for reform bring me to Emilys other recommendation, an infamous 50-year-old essay, The Social Responsibility of Business Is to Increase Its Profits, by economist Milton Friedman. The New York Times, which printed the essay in 1970, just republished it along with commentary from scholars and businessfolk.

The essay had a huge impact on economics as well as business and politics. As the Times puts it, Friedmans libertarian economics influenced presidents and inspired greed is good. Friedmans manifesto is crediting with catalyzing the swerve of the U.S. and other western democracies toward free-wheeling capitalism, which governments encouraged with lower taxes.

Friedman rebuked calls for corporations to seek social goals, such as eliminating discrimination, avoiding pollution and whatever else may be the catchwords of the contemporary crop of reformers. Those who express support for these goals, Friedman asserted, are preaching pure and unadulterated socialism and undermining the basis of a free society. Note Friedmans equation of freedom with corporate freedom.

It is governments job, Friedman argued, to impose rules on businesses that promote general welfare, but such restrictions should be minimal. By freely pursuing profits in competition with each other, with minimal government interference, businesses produce goods, services and jobs that benefit all of society. So Friedman and his many free-market acolytes have claimed.

We are now reaping the consequences of Friedmans vision in the form of industries that pursue profits regardless of the social costs. These include big pharma, which foists drugs on us that often make us sicker; big oil, which has thwarted efforts to counteract global warming; and now big tech, which represents the apotheosis of Friedmans ideology.

Economist and Nobel laureate Joseph Stiglitz comments in the Times that the fallacies of Friedmans ideology are more obvious than ever. Stiglitz asks: Should Mark Zuckerberg let Facebook users spread wanton disinformation if it increases his bottom line? Friedman would say yes. Economic theory, common sense and historical experience suggest otherwise.

Friedmans rhetorical style reminds me of Marx. Both men exude supreme confidence in their judgments, the kind of confidence that inspires zealotry in devotees. Marx predicted that capitalism, by elevating profit above all other values, would inevitably bring about its own destruction. Friedman said capitalism would give us unbounded freedom and prosperity. Right now, Marx is looking more prescient.

Near the end of Social Dilemma, an interviewer asks tech-visionary-turned-critic Jaron Lanier to peer into our future. If we go down the current status quo, Lanier replies, for lets say another 20 years, we probably destroy our civilization through willful ignorance. We probably fail to meet the challenge of climate change. We probably degrade the worlds democracies, so they fall into some bizarre autocratic dysfunction. We probably ruin the global economy. We probablyhe shrugsdont survive. Asked what he fears most, Kendall, the former Facebook executive, replies, In the shortest time horizon? Civil war.

Give capitalism its due. As I acknowledge in a recent book, capitalism has boosted longevity and prosperity over the last two centuries. But our fanatical commitment to Friedman-style capitalism has burdened us with acute inequality, dysfunctional health care, surging climate change and vicious political polarization. Meanwhile we keep robotically swiping our smart phones as things fall apart.

I try to resist alarmism, as a general rule, but alarmism feels like realism lately.

Oh, and Emily, thanks a lot for those recommendations.

Further Reading:

Revolt against the Rich

The Coronavirus and Right-Wing Postmodernism

Does Optimism on Climate Change Make You Pro-Trump?

Did Thomas Kuhn Help Elect Donald Trump?

See also A Pretty Good Utopia (profile of economist Deirdre McCloskey in my free online bookMind-Body Problems)

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Big Tech, Out-of-Control Capitalism and the End of Civilization - Scientific American

News Corp. changes its tune on Big Tech – Axios

One of the biggest news publishing companies in the world has slowly backed away from its harsh public criticism of Big Tech platforms, as companies like Google and Facebook have begun to open up their wallets to news companies.

Why it matters: News Corp. has for years been the driving force behind much of the regulatory scrutiny of Big Tech and its impact on the publishing industry. Now it's becoming a beneficiary of the massive pockets of several of the largest tech companies.

Driving the news: News Corp. CEO Robert Thomson put out a statement lauding Google's new efforts to pay publishers around the world more than $1 billion to license and curate their content last week.

Catch up quick: In early 2018, News Corp. Executive Chairman Rupert Murdoch released a newsy statement calling on Google and Facebook to pay trusted publishers a carriage fee for their content similar to the model adopted between cable companies and TV networks.

State of play: News Corp. now has several partnerships with Big Tech firms, including significant paid licensing partnerships with Facebook and Apple News, as well as working partnerships with Amazon, Spotify, Snapchat and Twitter.

Between the lines: In 2019, News Corp. launched its own news aggregation service called Knewz. Sources familiar with the effort say it was never intended to be a market threat to Big Tech platforms, but rather putting into reality something the company wanted to invest in as a matter of principal.

Behind the scenes, the media giant has commented or consulted on numerous investigations into Big Tech's dominance, and is continuing to press for regulatory reform.

The big picture: There was a time several years ago that media companies, with proper investment and scale, could demand big ad dollars via traffic from platforms like Google and Facebook. Today, media companies with value and investment can pull something even more sustainable from those platforms: licensing fees.

Read the rest here:

News Corp. changes its tune on Big Tech - Axios

20 years after Microsofts antitrust fight, Steve Ballmer betting that Big Tech wont be broken up – GeekWire

Steve Ballmer at the GeekWire Summit 2019 (GeekWire Photo / Dan DeLong)

Twenty years after Microsoft waged its own antitrust battle with the U.S. government, former CEO Steve Ballmer is betting that Congress wont break up Big Tech this time around.

In an interview with CNBC on Wednesday (below), Ballmer was reacting to a U.S. House antitrust subcommittee report released this week that found challenges presented by the dominance and business practices of Amazon, Apple, Facebook and Google.

Ill bet money that they will not be broken up, Ballmer told CNBC.

The450-page report from the subcommittees Democratic leaders concludes a 16-month investigation into the four companies as the operators of major online markets. It finds that the market power of the tech giants has diminished consumer choice, eroded innovation and entrepreneurship in the U.S. economy, weakened the vibrancy of the free and diverse press, and undermined Americans privacy.

Ballmer said he doesnt think the notionof breaking up the companies answers most of the questions or complaints that are being raised against the companies. And he thinks Facebook, Google, Amazon and Apple would do well to engage with regulators now rather than take unilateral action that they hope satisfies those calling the shots.

If Im in these guys shoes, I say, Come on, lets get down there and lets regulate me and lets get it over with so I know what I can do,' Ballmer told CNBC.

Ballmer is currently the billionaire owner of the Los Angeles Clippers NBA franchise and founder of the Bellevue, Wash.-based nonpartisan, not-for-profit civic data initiative USAFacts.

Ballmer also discussed USAFacts launch of a $10 million ad campaign, to air during the nationally televised presidential debates, aimed at illustrating the power of data and facts. The campaign, calledChange the Story,features snapshots of a diverse set of Americans and the numbers which relate back to their lives.

More:

20 years after Microsofts antitrust fight, Steve Ballmer betting that Big Tech wont be broken up - GeekWire

Microsoft is now the adult in the room among big tech: Seattle Congresswoman – Yahoo Tech

The so-called FAAMG stocks have been the target of Washington, D.C. all year.

Well, most of them at least.

The CEOs of Facebook (FB), Amazon (AMZN), Apple (AAPL) and Google (GOOG) were virtually questioned before Congress this summer and are now the focus of a 451-page report released this week on their business practices.

Facebook, Google and Twitter (TWTR) will be back before lawmakers later this month for a Senate hearing.

But Microsoft (MSFT) no stranger to Congressional inquiries in years past has largely managed to escape the glare.

Thats because they are now the adult in the room in some ways on this issue, said Rep. Pramila Jayapal (D., Wash.), a Democratic member of the House Antitrust subcommittee, which has been diving into Big Techs practices for the last 16 months.

The final report doesnt call for a break-up of the companies, but does talk about the need for structural separations to prohibit one part of a company from using another part of their platform to gain an unfair advantage.

The idea is a roadmap for restoring competition, improving innovation, and safeguarding democracy, say the reports Democratic authors, Reps. Jerrold Nadler and David N. Cicilline.

Jayapals Seattle district includes Amazons headquarters and the companys practices, specifically how it uses data from third-party sellers, has been one of her major focuses.

Its Congresss job to make sure a company like Amazon can't just put a small business that produces diapers out of business by taking all of that market information that nobody else has access to, and using it to subsidize losses and push small companies out, Jayapal told Yahoo Finance.

She has also had a less-than-cordial relationship with Amazon CEO Jeff Bezos. During a Yahoo Finance interview this summer, Jayapal said she had never before met the billionaire. They did talk virtually in July when she grilled him during the hearings, but she said this week that communication since then has been sparse.

Story continues

I've had an open door policy to speaking with Mr. Bezos and have invited him many times, she said. Though she has met with Amazon senior managers.

The lesson here is self-regulation doesn't work, said Jayapal. She points to Microsoft as an example that Amazon should follow, of successfully working with the government.

In 1998, Microsoft was the subject of Congressional antitrust inquiries and many wanted to break the company up. In the end, Bill Gates was able to avoid a breakup by promising to change his companys ways.

The company had to change its culture, change its lines of business, Jayapal said. The process of government involvement led to Microsoft creating a platform for other small companies to thrive, she said.

Jayapal is perhaps the most liberal member of the team charged with investigating big tech. Elected to Congress in 2016, Jayapal is seen as a mentor to freshman Democratic lawmakers like Alexandria Ocasio-Cortez, Ilhan Omar, and Rashida Tlaib.

Jayapal also pointed to the Microsoft example as to why breaking up a company isnt always the best option.

Perhaps in retrospect, Amazon, after we've regulated them, after we've put through some of the recommendations that are in the report, we'll look back and say, "You know what? It's a good thing that that happened, she said.

Ben Werschkul is a producer for Yahoo Finance in Washington, DC.

Read more:

Big Tech, Wall Street and other topics that barely came up at the conventions

After Big Tech hearing, these changes could become priorities for Washington

Inside Amazon, Apple, Facebook and Google versus the Feds

Read the latest financial and business news from Yahoo Finance

Follow Yahoo Finance on Twitter, Facebook, Instagram, Flipboard, LinkedIn, YouTube, and reddit.

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Microsoft is now the adult in the room among big tech: Seattle Congresswoman - Yahoo Tech

Trump intensifies conflict with big tech over Section 230 protections following censorship moves by Facebook and Twitter – WSWS

Facebook and Twitter on Tuesday censored posts by President Donald Trump that the social media platforms said violated their rules against misinformation about the coronavirus pandemic. In his posts, Trump compared COVID-19 to the seasonal flu, downplayed the deadly nature of the pandemic and said, we are learning to live with COVID.

The morning after he returned to the White House from Walter Reed Hospitalstill infectious and heavily medicatedand posed in Hitlerian fashion for a photo op on the Truman Balcony, Trump took to social media to bolster his homicidal herd immunity policy and dangerously demonstrate by example how the great leader is facing down the virus.

Facebook removed his post entirely but not before it was shared approximately 26,000 times, according to data published by the social media metrics company CrowdTangle. A Facebook spokesperson told CNBC, We remove incorrect information about the severity of Covid-19, and have now removed this post.

The action by Facebook is unusual in that the worlds largest social media platform has been reluctant to remove posts by the president in the past. In August, Facebook deleted a video of Donald Trump falsely asserting that children were almost immune from COVID-19 during an interview with Fox News, the first time the platform ever removed one of his social media posts.

In the case of Twitter, the tweet remains up but is covered by a warning that says, This Tweet violated the Twitter Rules about spreading misleading and potentially harmful information related to COVID-19. However, Twitter has determined that it may be in the publics interest for the Tweet to remain accessible, along with a link to learn more about the companys coronavirus information policy. Trumps post cannot be retweeted or shared.

The full Tweet reads, Flu season is coming up! Many people every year, sometimes over 100,000, and despite the Vaccine, die from the Flu. Are we going to close down our Country? No, we have learned to live with it, just like we are learning to live with Covid, in most populations far less lethal!!!

That Trumps comparison of the seasonal flu to the coronavirus is completely false is easily confirmed by information readily accessible on the website of the Centers for Disease Control and Prevention (CDC). The site contains data for every year of the seasonal flu going back to 2010-2011 and shows that the death rate among those who get sick from the flu ranges between 0.1 percent and 0.3 percent. The death rate, through July, of those who have contracted COVID-19 is 2 percent, showing that coronavirus is between 6.7 and 20 times more deadly than the flu.

Additionally, as pointed out by the Washington Post, many people who have been infected with the virus have lingering symptoms for months, including difficulty breathing, inability to exert themselves physically, recurring pain. The virus can cause long-term damage to organs other than the lungs, damage that is not common to the seasonal flu.

In response to the censorship measures by Facebook and Twitter, the President tweeted REPEAL SECTION 230!!! Section 230 contains the provisions within the Communications Decency Act of 1996 that shield online services such as social media platforms from being legally responsible for the content posted by users of their systems.

When Twitter began labeling the presidents tweets in late May, he issued an executive order making the US government the arbiter of political speech online. The order called upon the Federal Communications Commission to revise the scope of Section 230 and also empowered the Federal Trade Commission to evaluate the content moderation polices of the tech giants and determine whether or not their actions violate free speech rights.

With Attorney General William Barr standing next to him, President Trump said on that day, Were here today to defend free speech from one of the greatest dangers, before he signed the order. By empowering the federal regulatory agencies in his executive order, Trump was sending a message to big tech that attempts to censor his social media postsalong with those of his far-right and fascist allies and supporterswould result in the removal of Section 230 protections and open up the online service providers to fines and lawsuits.

Since then, the Department of Justice (DoJ) and AG Barr late last month drafted proposed legislation modifying the language of Section 230 to address concerns about online censorship by requiring greater transparency and accountability when platforms remove lawful speech. In a letter dated September 23, Barr jumbled together claims that big tech is hiding behind the shield of Section 230 to censor lawful speech with the allegation that online service providers are invoking the laws protections to escape liability even when they knew their services were being used for criminal activity.

Simultaneous with the DoJ-drafted legislation, Republican Senators Roger Wicker of Mississippi, Lindsey Graham of South Carolina and Marsha Blackburn of Tennessee introduced a bill in the Senate that calls for nearly identical modifications to Section 230 rules for online services. At the top of their list is the unsubstantiated charge that right-wing political views are being singled out by the tech monopolies for persistent online censorship.

Sunday, October 11, 7pm US EDT

The sickness in the White House

An online meeting with Socialist Equality Party candidates in the 2020 US elections, Joseph Kishore and Norissa Santa Cruz.

In moving the bill, Senator Wicker said, For too long, social media platforms have hidden behind Section 230 protections to censor content that deviates from their beliefs. These practices should not receive special protections in our society where freedom of speech is at the core of our nations values. Our legislation would restore power to consumers by promoting full and fair discourse online.

On October 1, the Senate Commerce Committee, which includes 14 Republicans and 12 Democrats, voted unanimously to subpoena the top executives of Facebook, Twitter and Google to appear at a hearing on Section 230 on October 28. After initial opposition to the subpoenas from Democratic Senator Maria Cantwell, the Republicans agreed to add the topics of privacy and misinformation to be discussed along with censorship issues.

Meanwhile, the House Judiciary Committee released a 449-page report on Tuesday on the results of its antitrust investigation into Apple, Amazon, Google and Facebook which condemns big techs monopoly power and calls for the companies to be broken up and restructured.

The coming together of the White House and Democrats and Republicans in Congress over a raft of regulations and attempt to assert government control over the Silicon Valley tech giants raises to a new level contradictions embedded within the capitalist system, not least of which is that these firms are the most valued properties on Wall Street worth trillions of dollars and a primary source of the massive fortunes being made by the financial oligarchy that controls both parties and the entire US political establishment.

Behind the frenzied efforts to reign in the powerful technologies of these firms is a growing awareness that the utilization of these systems by billions of people amid expanding class struggle internationally presents the ruling elite with a problem of revolutionary proportions.

While the ruling establishment is roiled by intense conflicts in the run-up to the November 3 electionswith Trump asserting that he intends to stay in office regardless of the outcome the Democrats and Republicans are unified in their drive to clamp down on information technologies. Their central aim is to prevent the working class from using these technologies to organize their struggles, including across national boundaries, and above all to stop the program of revolutionary socialism represented by the World Socialist Web Site from reaching the working class and youth.

Originally posted here:

Trump intensifies conflict with big tech over Section 230 protections following censorship moves by Facebook and Twitter - WSWS

2020 election may be messy but shouldn’t be censored by Big Tech: Parler CEO Matze, COO Wernick, CPO Peikoff – Fox Business

Rep. Jim Jordan, R-Ohio, on stimulus, the presidents health status, Obamagate, social media and the push to break up big tech.

In case protests, riots, lockdowns and a recession didnt already have partisan tensions at their boiling point, the steaming cauldron of rhetoric around the 2020 election just got about 100 degrees hotter.

The recent passing of Justice Ruth Bader Ginsberg, and the resulting vacancy on the Supreme Court, has Democrats and Republicans scrambling to win the public relations battle on how and when her seat should be filled.

Once again, Americans are wondering what information to trust.In this unusually messy time, some seek the short-term comfort that comes from rubber stamping the best information, or even silencing what they dont like or agree with. But to rebuild trust in our institutions, we need the opposite.

HOUSE REPUBLICANS ACCUSE BIG TECH OF CAPRICIOUS CENSORSHIPIn just one example, claims of tradition and precedent mixed with charges of bad faith are flying fast and furious.

Senate Democrats are levying charges of hypocrisy at Majority Leader Mitch McConnell, who in 2016 blocked hearings on President Obamas election-year appointment of Judge Merrick Garland. They point to past statements from the Kentucky senator suggesting that the people should vote before a nominee is confirmed.Republicans counter that the cagey McConnell was referring only to the circumstances in 2016, when the parties split control of the Senate and White House, and that the present alignment, in which they control both, makes for a completely different situation.There is a lot to unpack there, and these are just a few of the literally dozens of arguments being thrown around.

What are concerned voters seeking the facts supposed to think?There are no easy answers, but one thing is clear: We shouldnt outsource our critical thinking to content moderators and curators, like Facebook and Twitter.

DEMOCRAT-LED HOUSE PANEL TO SEEK BREAKUP OF BIG TECH, GOP LAWMAKER SAYSLike just about everyone else, Big Tech publishers have agendas. They use questionable fact checking and algorithmic manipulation to show content that supports their preferred narratives.

At Parler, we call this an information brownout. Like a power company rationing electricity, tech oligarchs give plenty of juice to the content that supports what they want you to think, and they underpower competing viewpoints.Private or public censorship--even when convenient--has never been tolerated for long in America, and neither will technoauthoritarianism.

Everyone has the right to hear all sides of an argument and decide what to see, read, think, and share for themselves.Tensions are going to remain high in this election, and the decisions made by Americas communication platforms are sure to influence voters.

Our process, and our republic, demand that leaders be accountable for their actions at the ballot box. Voters will have the chance to make their opinions heard in six weeks, and either reward or punish politicians as they see fit.

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The people deserve to make these decisions armed with all--not some or most--of the available information.Just as importantly, trust in and respect for election results requires transparency. Americans deserve this as they deal with the difficulties of voting in a pandemic and the realities of greatly expanded vote-by-mail programs.

If a technoauthoritarian brownout undermines the free exchange of information in November, that trust could be mislaid. Twitter and Facebook have already discussed plans, in the event of various contingencies, to impose de-facto censorship and allow only approved information sources to be seen and heard.Courts are already ruling that ballots will be accepted for days after November 3. The tabulation process will no doubt be messy, and both parties are readying their spin machines to challenge or attack the process.

The 2016 presidential results were essentially decided by fewer than 100,000 votes spread across three swing states. The implications of fraud, interference, or even error in 2020 could be huge.In this environment, any technoauthoritarian brownout will be a disaster, fueling suspicions and undermining confidence in the final outcome. Americans deserve better.What we need is uncensored, real-time election coverage. We need candidates, journalists, observers, and interested citizens sharing information and commentary.

We need hubs for exit polling, poll watching, ballot counting and recounting, legal challenges, breaking news and analysis from all perspectives.

Ideally, every platform will honor the right of all individuals to speak and hear freely.While this is business as usual at Parler, we are proud to do our part this year to ensure that no candidate, Republican, Democrat, or otherwise, will be able cheat, incite unrest, or steal an election unchallenged and in the darkness.

The people deserve to vote after making their own judgments, armed with all available information. And after their votes are cast, they deserve a transparent process that they can trust is legitimate.

Lets all join together and see to it that this happens.Jeffrey Wernick is COO and Angel Investor in Parler.John Matze isCEO of Parler.Amy Peikoff is Chief Policy Officer for Parler.

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2020 election may be messy but shouldn't be censored by Big Tech: Parler CEO Matze, COO Wernick, CPO Peikoff - Fox Business

Gianaris on House Judiciary Big Tech Antitrust Investigation Report – The National Herald

NEW YORK On October 8, Senate Deputy Leader Michael Gianaris issued the following statement as House Judiciary Democrats released their long-anticipated investigative report on the monopolistic practices of Big Tech companies. The report specifically highlighted the need for an abuse of dominance standard which Senator Gianaris has proposed in his legislation at the state level.

Our antitrust laws were written a century ago for a radically different economy and they are in desperate need of serious updates. Corporate power has reached unprecedented and dangerous levels, and we need powerful new laws to protect the public and our economy, said Senate Deputy Leader Gianaris. "I am pleased this issue is gaining attention and I commend our colleagues in Congress, led by Rep. David Cicilline, for their thorough investigation."

New York's existing antitrust laws are more than a century old and are not equipped to regulate abuses in todays world. In the meantime, market domination has led to new uncompetitive practices such as predatory pricing and leveraging a companys dominant position to control adjacent markets.Senator Gianaris legislation - the 21st Century Antitrust Act - would allow the state to take action against companies engaging in these practices, as well as allow for class action lawsuits. The Senate held its first-ever antitrust hearing on Senator Gianaris' bill in September.

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Gianaris on House Judiciary Big Tech Antitrust Investigation Report - The National Herald

A simple change to antitrust law that could rein in big tech – Quartz

The Democratic leaders of the US House of Representatives Judiciary Committee released a 449-page report this week alleging a lack of competition in digital markets. The report proposes countless remedies, including specific suggestions for Google, Amazon, Apple, and Facebook. But one recommendation stands out for its simplicity and potential efficacy.

The big tech companies have strengthened their positions by acquiring lots of smaller companies, the report argues, and It is unclear whether the antitrust agencies are presently equipped to block anticompetitive mergers in digital markets. The report suggests a simple policy change to fix that:

Subcommittee staff recommends that Congress consider shifting presumptions for future acquisitions by the dominant platforms. Under this change, any acquisition by a dominant platform would be presumed anticompetitive unless the merging parties could show that the transaction was necessary for serving the public interest and that similar benefits could not be achieved through internal growth and expansion.

This idea isnt new: In merger review, its known as structural presumption. Back in 1963, the US Supreme Court established in United States v. Philadelphia National Bankthat certain mergers should be presumed to be anticompetitive, based on the market share of the companies seeking to merge.

Youre looking at the United States in the aftermath of World War II, looking at the rise of concentration in Europe, really warning that we want to avoid that, explains Maurice Stucke, a law professor at the University of Tennessee and the author of Competition Overdose.

The presumption that certain mergers were anticompetitive and so should be blocked helped judges avoid digging through complicated economic questions in cases where, it was believed, the answer was fairly clear-cut. The Court believed it should not ramble through the wilds of economic theory, says Stucke.

That presumption held through the 60s and 70s, but started to change in the 80s as the law-and-economics movement popularized the idea that judges should be considering complicated economic questions in making their rulingsincluding on questions of antitrust. What happened was [that] in other contexts a conservative Supreme Court began rambling through the wilds of economic theory, says Stucke.

Current US merger guidelines still contain a version of the presumption created in 1963, but it has become less stringent over time and today it amounts to a recommendation that courts apply extra scrutiny, not a shift in the burden of proof.

The result is that lots of harmful mergers are approved, argues John Kwoka, an economist at Northeastern University who has researched mergers in concentrated markets. These mergers give the acquiring firm more power over their market and ultimately result in higher prices. Fiona Scott Morton, an economist at Yale, reached the same conclusion in a review of the past decade of antitrust research.

The committees report recommends codifying the presumption in law. What this would do is it would shift the burden, says Stucke. So now the burden of proof is on the merging parties to show the transaction was necessary for serving the public interestthey would have to show that this merger is competitive. Doing so would make it harder for large tech companies to buy up potential competitors, as Facebook did with its acquisitions of Instagram and WhatsApp.

Unlike policy ideas that are specific to tech, codifying the presumption against mergers in concentrated markets would also help restore competition across the US economy.Big firms are growing more dominant in most industries and are less likely to be unseated than they once were. Making it harder to buy up smaller competitors could help reverse those trends.

Preventing acquisitions could also make big companies more innovative, according to a team of economists at Duke University and Norwich Business School. Historically, many large [corporate R&D] labs were set up partly because antitrust pressure constrained large firms ability to grow through mergers and acquisitions, they write in a recently published history of the US innovation economy. In the 1930s, if a leading firm wanted to grow, it needed to develop new markets. With growth through mergers and acquisitions constrained by antitrust pressures, and with little on offer from universities and independent inventors, it often had no choice but to invest in internal R&D.

Big US companies do less scientific research today than they once did. The major tech companies do invest significantly in research and developmentin 2018, Amazon and Alphabet were first and second, respectively, in global spending on R&Dand they publish more in scientific journals than most companies. But their scientific publishing hasnt grown in line with their revenues. At Microsoft and Alphabet, the two biggest scientific publishers of the big tech firms, scientific publications per $1,000 in sales peaked in 2009 and has since sharply declined.

Big firms ability to buy up innovation without doing it themselves has a precedent in the US, and not one that is favorable to the tech companies. In the late 19th century, US railroad companies mostly eschewed doing research, choosing instead to buy up patents from smaller firms or individual inventors. The success of their strategy helped kick off the original antitrust movement.

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A simple change to antitrust law that could rein in big tech - Quartz

Big Tech: Between a rock and a hard place in the US – RNZ

By James Clayton, BBC North America technology reporter

The US elections could affect the global social media and technology landscape. We now have two huge clues for what Big Tech can expect in the years to come.

Photo: 123RF

In the US, both the Democrats and the Republicans now have a fixed position on regulating tech.

They are both totally different.

First off Trump.

After the US President shared a piece of disinformation on Facebook and Twitter about the relative dangers of Covid, the two companies reacted: Twitter hid his post and Facebook removed it altogether.

Trump responded by tweeting "Repeal Section 230!!!".

This is a key piece of legislation that stops companies like Facebook and Twitter from being liable for the things people post.

It essentially gives them "platform" rather than "publisher" status.

Just imagine for a second if all of the posts on Facebook - all of the accusations, all of the libellous content, all of it - was the responsibility of Mark Zuckerberg.

It doesn't work. Without Section 230 companies like Facebook, Twitter, TikTok etc couldn't function as they do now. They'd potentially have to moderate your content in real time.

Even for the most powerful artificial intelligence systems, that is not possible.

You might think: "Trump says he'll repeal Section 230, but will he actually?"

Photo: AFP

My response would be: "Look at TikTok."

Trump has well and truly followed up on his actions - without a judge's last minute intervention it would be illegal for Apple and Google's app stores to offer TikTok for download in the US now.

It's perfectly conceivable that a Trump presidency would follow through with his campaign threats.

Plenty of Republicans believe that much of social media has an anti-conservative bias. Trump would certainly find support from his own party to act.

The other big tech news earlier this week was the release of The House Judiciary Committee's report into "antitrust".

This is the idea that Big Tech has got so big it is now flouts anti-competition rules.

This is a Democrat-led committee - the report was written by Democrats.

The report concludes: "To put it simply, companies that once were scrappy, underdog start-ups that challenged the status quo have become the kinds of monopolies we last saw in the era of oil barons and railroad tycoons."

Photo: 123RF

The share price of all four companies dived as soon as the report was released.

Literally, the first recommendation is to prohibit "dominant platforms from operating in adjacent lines of business".

That would be massive. It could potentially stop companies like Google owning YouTube. Or Facebook owning Instagram.

The word "monopoly" is used 120 times in the report.

These weren't bi-partisan recommendations though - Republicans didn't support all the findings.

However, there is some common ground between the parties.

For example, Republican Ken Buck has said he agrees with much of the report.

And in terms of Section 230, Biden has also indicated he could support getting rid of it - albeit for different reasons to Trump.

And so we have two Presidential candidates, each with his own stick to bash Big Tech.

The company that perhaps is least hedged against these two approaches is Facebook. It's hard to know which option would be worse for the social network.

If Joe Biden becomes the US President, calls to break up Big Tech could grow. Photo: AFP

For others, well there's now a reasonable argument that can be made that Trump would be better.

Republican focus on social media bias would pretty much leave Apple and perhaps Amazon untouched.

The election issues in this campaign have been centred around Covid, Black Lives Matter, the economy and law enforcement.

But make no mistake, this US election is a huge event for Big Tech too.

- BBC

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Big Tech: Between a rock and a hard place in the US - RNZ