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Google, the “Good Censor,” is Going to Think for You
Google might soon add its Terms of Service to the First Amendment.
A leaked document written by Google argues because of a variety of factors, including the election of Donald Trump, what they call the “American tradition” of free speech may no longer be viable. The document lays out how the company can act as the world’s “Good Censor,” protecting us from harmful content and, by extension, harmful acts like electing the wrong president again.
The document, which Google has officially characterized as research, is infuriatingly vague about whether the company has made any decisions or taken any action. So think of all this as a guidepost, like the Ghost of Christmas Future showing us the worst case scenario.
The company is talking about changing the rules so the freedom to speak will no longer exist independent of the content of speech. What you can say could depend on Google’s opinion of whether or not it will negatively affect others. To Google, the personal liberty of freedom of speech might need to be balanced against collective well-being. The company acknowledges for the first time it has the responsibility and power to unilaterally adjudicate this battle between “free-for-all and civil-for-most” versions of society.
We probably should be paying more attention to how they plan to do this, but because the document leaked on Breitbart, and because the initial rounds of censorship have impacted right of center, it has received little critical attention. But the significance of Google’s plans extends beyond the left-right fight; which content is censored is easily changed. If this plan is implemented, everything you will ever read online will be judged before it reaches you. Or doesn’t reach you.
The old ideas seem as archaic to Google (Facebook, Twitter, and their successors) as the powdered wigs the Founders wore when they wrote them. People should be free to say nearly anything they want. In the marketplace of ideas good will overpower bad. If we block one person’s speech, we can soon block others, right up to when it comes to us. The collective right to free speech is more important than an individual’s reaction to that speech. There is an uncomfortable duty to protect speech irrespective of its content.
Jefferson had a good run. Then the election of Donald Trump scared the free speech ideal out of Google. Could they have been… responsible… for helping elect a threat to democracy, the last president, someone who would shape-shift into a dictator? Should they have tried to stop him? Wouldn’t you have killed baby Hitler if you could have?
Under such circumstances, free speech is reimagined by many as a liability which bad actors will exploit judo-style, the tools of democracy used to destroy democracy. The Google document warns “online manipulation and disinformation influenced elections in more than 18 countries, including the U.S. [as] free speech becomes a social, economic and political weapon.”
The irony is the Internet was supposed to be, and maybe briefly was, the highest expression of what is now the legacy definition of unfettered speech. Anyone could start a website to stand alongside the .govs. One voice was as loud as anyone else’s, and search engines were the democratizing connective tissue. Google was created to organize the world’s knowledge, not help control it. Free speech flourished online. Government censors had real restrictions; we know them as borders.
Not so for global entities like Google. What doesn’t pass through their search engines or social media travels through their servers and cloud storage. There is no more pretending any but a minority of users can use another tool, or ignore the web, and still functionally live in the real world. Google sees itself at the nexus of this historic change, saying “Although people have long been racist, sexist, and hateful in many other ways, they weren’t empowered by the Internet to recklessly express their views with abandon.” We apparently can’t handle that, and Google is, for the first time in human history, in a position to do something about it. After all, they acknowledge they “now control the majority of our online conversations” so the Internet is mostly whatever they say it is.
At that point, Google worries, the “we’re not responsible for what happens on our platforms” defense crumbles. How much the last election was influenced doesn’t matter as much as the realization the tools are in place to do it more effectively next time. Existing laws can limit foreigners buying political ads stuffed with controversial news, but if Americans want to do the same thing laws not only don’t limit them, the legacy version of the 1A demands they be allowed to blast out hate speech and gendered bigotry. Something has to be done. Google’s document says they as the apex predator can now create online “well-ordered spaces for safety and civility.”
There is no one to stop them. It is very clear what private companies can do vis-a-vis speech; the argument is over what they should do. Thanks to Section 230 of the Communications Decency Act, Google is shielded from traditional publishers’ liability and responsibility. The 1A does not apply. No one at Google stands for election. Users matter only in the aggregate of millions of clicks. Google as the Good Censor would be accountable to pretty much no one (though the Supreme Court last week agreed to hear a long-shot case that could determine whether users can challenge social media companies on free speech grounds.)
As proof-of-concept – what they are capable of doing – the Google document cites Charlottesville. Following racial violence, Google, GoDaddy, and Cloudflare quietly ganged up to end their relationships with The Daily Stormer, “effectively booting it off the Internet.” Google noted “While some free speech advocates were troubled by the idea that ‘a voice’ could be silenced at its source, others were encouraged by the united front the tech firms put up.” Same with Alex Jones, as corporations serially kicked him off their sites. Facebook and Twitter also actively censor, with Facebook removing over 800 political pages for “coordinated inauthentic behavior,” an Orwellian term Facebook claims means they were not forums for “legitimate political debate.”
Google and the others aren’t acting in a vacuum. Some 69% of American college students believe intentionally offensive language should be banned. The ACLU now applies a litmus test to cases it defends, weighing their impact on other rights (for example, the right to say the N-word versus the rights of POC not to hear it), declaring free speech can be secondary to other political goals. As Google suggests, censorship has a place, per the ACLU, if it serves a greater good.
The document makes clear Google understands current censorship efforts have fallen short. Decisions have been imprecise, biased, and influenced by shares and likes. Yet while acknowledging they never will please everyone, Google is emphatic it can’t escape “its responsibility for how society functions and progresses.” So the document is rich in words like transparency and fairness as it wrestles with the complexity of the task, with Google envisioning itself as more an imperfect but benign curator than Big Brother. But like a bad horror movie, you can see the ending from miles away.
Eliminating voices to “not influence” an election is influencing an election. Once one starts deleting hate speech, there is no bottom to the list of things offensive to someone. Once you set your goal as manipulating thought via controlling information, the temptation to use that tool will prove great. Why not manipulate stock prices to fund “good” nonprofits and harm bad ones? Who should be elected in Guatemala? What’s the Google solution for that land dispute in St. Louis? It is so easy. Just placing links for one candidate above another in a test search increased the number of undecided voters who chose that candidate by 12%.
The cornerstone of free speech – the absolute right to speak remaining independent of the content of the speech – is now in the hands of corporate monopolies, waiting for them to decide whether or not to use the power. Where the Supreme Court refused to prohibit hate speech, Google can do so. Where the 1A kept the government from choosing what is and isn’t called true, Google may decide. Journalists can take a first pass at writing news, but Google is the one positioned to determine if anyone sees it. Like some TV murder mystery, Google is perched on the edge of a terrible decision, having tested opportunity, means, and method. All that’s left is the decision to pull the trigger.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Naw, This is Nothing (Break-in at State Dept Whistleblower Lawyer)
This article originally appeared on the Huffington Post.
I get a lot of conspiracy emails at my blog, wemeantwell.com. Various “truthers” want me to believe that the CIA or the Mossad or the Spiders from Mars did 9/11, and that Obama was born on the Planet Mongo and is thus not even human, never mind an American Citizen. C’mon folks, try it again, using “facts” this time.
At the same time, I find myself worrying a bit. Stuff that fell into the conspiracy theory catalog last year now is old news: the government is indeed reading your email, your snail mail, your Facebook, all the while listening in on your calls. Torture and indefinite extra-judicial imprisonment are just another thing the government does. Whatever really happened to bin Laden will likely never be known, as the records were secretly moved into CIA hands where they will not be subject to Freedom of Information Act requests. Drones have been used in the U.S. Oh, and a secret court is making secret laws that affect all of us, in secret.
So, given all that, this next item is probably nothing. Another coincidence.
Two burglars broke into a Dallas law firm, bashing through a wall, and stealing only three computers while leaving other valuables behind. The law firm targeted represents State Department whistleblower Aurelia Fedenisn. Fedenisn revealed that she’d seen internal investigations called off by higher ups. The State Department accused her of removing “highly sensitive, internal documents” containing “personal information and unsubstantiated allegations,” and explained that it was working to secure the documents once again. The thieves also tried to pry open a filing cabinet at the lawyer’s office. Coincidence.An office across the hallway from the whistleblower’s lawyers that was left unlocked and was full of valuables, as well as fourteen other computers, was untouched by the thieves. Coincidence.
Not too long ago, a thief entered the offices of the Government Accountability Project, one of America’s premier whistleblower representatives, and stole only some attorney laptops. Nothing else, not even purses left out. The theft occurred just as the government’s case against NSA whistleblower Tom Drake was collapsing. His attorneys’ computers were taken. Coincidence.
In 1971 John Ehrlichman, assistant to president Nixon, approved a covert operation to break into Pentagon Papers whistleblower Daniel Ellsberg’s psychiatrist’s office and examine his medical files. The purpose was to get a “mother lode” of information about Ellsberg’s mental state to use to discredit him.
Naw, I think I’ve just seen to many spy dramas on TV lately. I mean, who could think that the government would be involved in anything like breaking into a law office in search of info on one of its whistleblower critics?
Also coincidences: Death of Andrew Breitbart, the coroner who handled Breitbart’s case and died of arsenic poisoning, and Michael Hastings, where the LAPD refuses to release the accident and toxicology reports, or make the crashed Mercedes available for inspection. Nothing to see here you proles, go about your business.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
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