A Simple Way to Regulate TikTok

“The platform-utilities approach, by contrast, suggests Congress take a different path. In banking, radio, airlines, maritime shipping and power, federal regulators had to give approval, via a license or charter, to a company before it could operate one of these utility-services in the United States. That approval was conditional on meeting congressionally set regulatory standards that apply across the whole sector. Clear rules on restricting foreign influence reduce the need to come up with complicated compliance plans or monitoring programs. They create a level playing field for businesses, so firms do not have to worry about being singled out for regulation.
For generations, this approach traveled alongside antitrust law. Antitrust generally focuses on competitive markets; the platform-utilities approach recognizes that some markets might not be very competitive, and preventing the abuse of corporate power, therefore, requires regulation. Indeed, both approaches emerged at the federal level at almost the same time. The Sherman Antitrust Act was passed in 1890, only a few years after the Interstate Commerce Act of 1887, which took a platform-utilities approach to regulating the railroads.

In the late 20th century, both fields went through revolutions. Antitrust became dominated by an approach that focused on consumer welfare and efficiency. Deregulatory advocates passed laws abandoning the platform-utilities approach in rail, airlines, maritime shipping, telecommunications and banking. Today, antitrust is in the midst of a renaissance, with policymakers on left and right supporting more aggressive enforcement of competition laws. The platform-utilities approach deserves the same reinvigoration, because it offers useful strategies for addressing current policy challenges.

If lawmakers want to take a lesson from the long American tradition of regulated capitalism, they should advance comprehensive legislation to regulate tech platforms more like public utilities. Such legislation should include restrictions on foreign ownership and control, which could apply to all tech platforms from adversarial countries. Comprehensive legislation should also include sectoral standards that apply to U.S. firms as well — standards not just on data collection, surveillance and privacy, but also against anti-competitive behavior.

Just like radio a century ago, tech platforms are a modern utility, essential for commerce and communication. We should start treating them that way.”

Who is Linda Yaccarino, Elon Musk’s pick for new Twitter CEO?

“Yaccarino is a seasoned media executive who could help repair Twitter’s relationship with its advertisers, many of whom have quit or cut back from the platform recently because of Musk’s perceived volatility. She has a reputation for being a tough negotiator and was key in the launch of NBCUniversal’s digital Peacock streaming service, according to the Wall Street Journal. She’s also a known Trump supporter, according to sources. In the past few months, Yaccarino has publicly praised Musk, and she interviewed him at a major advertising conference in April — paving her way, in the eyes of media insiders, to take on the role.”

“if you think that means the Elon-Twitter story is over, don’t hold your breath. Musk is still very much in control. He will still be the owner of Twitter. Unless he sells the company — or a controlling share of it — he’s the one calling the shots.
How much power he gives Yaccarino is entirely at Musk’s discretion.”

The ridiculous but important Twitter check mark fiasco, explained

“Verification used to be a way for users to know that a profile belonged to the person or organization it purported to be. It was reserved for the accounts that would need such an indicator, including those of famous people, companies, and journalists, who got blue check marks appended to their profiles to make that verification easy for everyone to see.
It has now become a symbol of who is willing to pay $8 a month for “Twitter Blue.” Or, in the case of organizations, a symbol of who is willing to pay at least $1,000 a month.”

“Musk framed the move as a way to open up Twitter’s blue checks, which to some had become a symbol of unfair and much-desired privilege that was bestowed upon people they didn’t like.”

“the core problem remains that Twitter is no longer verifying the identity of users who get a blue check, nor is it a symbol of authenticity. Anyone who has a phone number and a credit card can appear “verified,” though Twitter supposedly vets accounts to ensure they’re not pretending to be someone else when they initially sign up, and temporarily takes their blue check away if they change their names or profile photos.”

“Twitter began verifying accounts in 2009 to settle a lawsuit from famous baseball guy Tony La Russa over a fake Tony La Russa account. Back then, it was relatively easy to squat on a famous person’s name and make a fake account pretending to be them. That’s why Donald Trump had to go with “@realDonaldTrump” when he joined Twitter; someone had already taken @donaldtrump and made it a Trump parody account. Tina Fey says she’s never been on Twitter, but a lot of people sure thought @TinaFey (now @NotTinaFey) was her. And then there are the many, many Fake Will Ferrell Twitter accounts. That said, like most things Twitter, verification isn’t perfect: Author Cormac McCarthy’s fake account was somehow verified as recently as 2021.”

TikTok Is Too Popular To Ban

“Investigative journalists have tried hard to find evidence that TikTok is leaking data to Chinese authorities, but to no avail.
“I haven’t found any evidence” of “the company handing over data to Chinese authorities, or security risks associated with its connection to the Chinese state,” writes Chris Stokel-Walker—who has done ample critical reporting about the company—at Buzzfeed this week:

I’ve been trying for years to find any links to the Chinese state. I’ve spoken to scores of TikTok employees, past and present, in pursuit of such a connection. But I haven’t discovered it….””

“TikTok adamantly denies allegations about data sharing with the Chinese government. “TikTok has never shared, or received a request to share, U.S. user data with the Chinese government,” said its CEO in prepared testimony released ahead of today’s House hearing. “Nor would TikTok honor such a request if one were ever made.”
“Let me state this unequivocally: ByteDance is not an agent of China or any other country,” the testimony continues. “Bans are only appropriate when there are no alternatives. But we do have an alternative.”

The company has been cooperating with U.S. regulators to develop protocols around user data that will help mollify security and privacy concerns. “TikTok has formed a special-purpose subsidiary, TikTok U.S. Data Security (USDS), that currently has nearly 1,500 full-time employees and contracted with Oracle to store TikTok’s U.S. user data,” notes Reuters. According to Chew’s testimony, “Oracle has already begun inspecting TikTok’s source code and will have unprecedented access to the related algorithms and data models.””

Facebook Says Noting the CDC’s Scientific Misrepresentations ‘Could Mislead People’

“Laboratory experiments provide good reason to believe that masks, especially N95s, can reduce the risk that someone will be infected or infect other people. But those experiments are conducted in idealized conditions that may not resemble the real world, where people often choose low-quality cloth masks and do not necessarily wear masks properly or consistently.

Observational studies, which look at infection rates among voluntary mask wearers or people subject to mask mandates, can provide additional evidence that general mask wearing reduces infection. But such studies do not fully account for confounding variables.
If people who voluntarily wear masks or live in jurisdictions that require them to do so differ from the comparison groups in ways that independently affect disease transmission, the estimates derived from observational studies will be misleading. Those studies can also be subject to other pitfalls, such as skewed sampling and recall bias, that make it difficult to reach firm conclusions.

Despite those uncertainties, the CDC touted an observational study that supposedly proved “wearing a mask lowered the odds of testing positive” by as much as 83 percent. It said even cloth masks reduced infection risk by 56 percent, although that result was not statistically significant and the study’s basic design, combined with grave methodological weaknesses, made it impossible to draw causal inferences.”

“If wearing a mask had the dramatic impact that the CDC claimed, you would expect to see some evidence of that in RCTs. Yet the Cochrane review found essentially no relationship between mask wearing and disease rates, whether measured by reported symptoms or by laboratory tests. Nor did it confirm the expectation that N95s would prove superior to surgical masks in the field. The existing RCT evidence, the authors said, “demonstrates no differences in clinical effectiveness.””

“Does the Cochrane review prove that masks are worthless in protecting people from COVID-19? No. But it does show that the Centers for Disease Control and Prevention (CDC) misled the public about the strength of the evidence supporting mask mandates”

Google’s Brief to the Supreme Court Explains Why We Need Section 230

“”If Section 230 does not apply to how YouTube organizes third-party videos, petitioners and the government have no coherent theory that would save search recommendations and other basic software tools that organize an otherwise unnavigable flood of websites, videos, comments, messages, product