BC SOCIETY
Saved by @jay_millerjay

When it's railroading time, you get railroads.

When the railroads turn into the personal satrapies of rail-barons, you get trustbusters.

A couple decades ago, it was online service time. We had the users, the telcoms systems, the computers, the modems, so we got platforms.

1/

 We had that, but we lacked something important: effective antimonopoly enforcement. Lax merger laws allowed companies with access to capital markets to buy out or neutralize all their competitors, so we got monopolies.

Right on schedule, we're getting digital trustbusters.

2/
Now, some people aren't technically sophisticated, but they do understand a lot about competition law. That's how you get meat-and-taters antitrust proposals like @amyklobuchar's #CALERA, which address the structural problems with antitrust law.

https://t.co/lnyP1LcG6I

3/
Klobuchar's bill is hugely important. The reason we have monopolies is that we stopped enforcing anti-monopoly law 40 years ago. Monopoly isn't a tech problem, it's everywhere from sneakers to glass bottles to pro wrestling to candy to aerospace.

https://t.co/s82POZAJ1k

4/
Klobuchar's CALERA doesn't just seek to apply antitrust law to tech - it also explicitly restores the pre-Reagan basis for fighting monopolies: we fight monopolies because they concentrate power and corrupt our politics. All monopolies are guilty unless proven otherwise.

5/
But though industries all attained their monopolies through similar tactics - predatory acquisitions and mergers, vertical integration - they also each have their own technical characteristics that must inform our demonopolization tactics.

6/
Take emergency care: monopolists love ERs because we don't choose which ER to use, nor when. You can't shop for an ER from the back of an ambulance. You don't know going in whether you're going to spend $1m or $1k. And you'll buy whatever services the ER tells you to buy.

7/
Or power-grids: demand for electricity is both inelastic (you need power when you need power) and price-insensitive, and that inelasticity INCREASES with demand: that is, when it's freezing or boiling out, everyone wants electricity.

8/
Tech, of course, has its own technical characteristics. Chief among these is its flexibility. At a deep, theoretical level our digital tools and networks are capable of interoperating with one another in ways that no physical technologies can match.

9/
Think of the Australian rail-system. In the mid-19th century, would-be rail-barons laid differing gauges in hopes of conquering the nation's logistics and transport. For 150+ years, engineers have tried to solve the "multi-gauge muddle" by designing multi-system railcars.

10/
Hundreds of designs for cars that retract and extrude different wheelbases have been tried, and none ever caught on. Instead, Australia is tearing up and re-laying thousands of kilometers' worth of track. With physical tech, "compatibility" often means starting from scratch.

11/
Not so with digital tech. If you are an OS company whose rival has locked up all office docs in a proprietary format, you don't have to convince all its customers to abandon their documents and start over. You just make a compatible program:

https://t.co/aU37ggN3AW

12/
With digital and physical tech, network effects drive high switching costs, but when it comes to digital, network effects are a double-edged sword.

13/
With interoperability, a walled garden can easily become a feed-lot, where customers for a new service are neatly arrayed for competitors to come and harvest.

https://t.co/RDTy6WyQNM

14/
Good tech policy emphasizes interoperability when it comes to demonopolizing the digital world. Long before the US ACCESS Act and the EU Digital Markets Act, @mmasnick published his seminal "Protocols, Not Platforms" paper.

https://t.co/RDTy6WyQNM

15/
And @daphnehk's work on "Magic APIs" presaged the ACCESS Act's idea of forcing tech companies to expose the APIs they use internally so that competitors can plug into their services:

https://t.co/bGgXxTRr3S

16/
(that paper is outstanding, BTW, with clear-eyed assessments of alternatives, like a digital fairness doctrine, "common carriage" rules, an "indecency" standard for content moderation - basically a checklist for "So you've got a plan to fix tech - did you think of ____?")

17/
Masnick's "protocols" are a vision for a decentralized, better internet. Keller's Magic APIs describe a legal path to getting there. My own work on Competitive Compatibility (nee Adversarial Interoperability) describes how we'll STAY there.

https://t.co/Tw7DPaiiY4

18/
Because monopolies are good at subverting regulation, so any Magic API rule would be brittle - dependent on the tech companies not sabotaging those APIs by moving the important data-flows away from the mandatory APIs.

19/
That's why we have to strip monopolists of the power to ask a court to block interoperators: take away the wildly distorted copyright, patent, terms of service and other legal doctrines that Big Tech ignored during its ascent, but now enforces against would-be competitors.

20/
With both interop mandates and a legal right for new entrants to force interoperability through technical means, tech giants will face consequences if they subvert antimonopoly rules.

21/
The choice becomes: either respect the intent of a mandate and preserve interop; OR be plunged into a chaotic arms-race with competitors who switch to scraping, bots, and reverse-engineering.

22/
All of this is incredibly wonkish, a highly specialized debate that involves highly technical propositions about how digital technology works today, how it used to work and how it might work - layered atop a similar, highly technical understanding of antitrust law.

23/
The Venn overlap of "deep understanding of digital tech" and "deep understanding of antitrust debates" isn't so much a slice as it is a sphincter, and the debate has been equally narrow, but when it's railbaron time, you get trustbusters.

24/
The tech monopoly/interop debate is going mainstream. @FukuyamaFrancis and his colleagues at the Stanford Working Group on Platform Scale have proposed an intervention similar to the ACCESS Act, where trusted third parties mediate between monopolists, new entrants and users.

25/
The Stanford proposal calls them "middleware companies," but they're conceptually interchangeable with the idea of a "data fiduciary": companies that act as referees when a new co-op, startup or nonprofit wants to plug into a monopolist's service.

https://t.co/YM6yMpFB7u

26/
This is clearly an idea whose time has come - it's present in the EU's DMA and the US Access Act, and latent in the UK CMA report:

https://t.co/vkmzze0LGb

27/
Importantly, it's an approach that recognizes the distinctive character of tech - taking account of the power of interop to break open walled gardens and unravel network effects.

28/
What's especially interesting about this work is that it appears to have been developed in parallel to pre-existing work from Masnick and Keller (and me) - it's a case of convergence between the tech-policy world and the broader world of policy.

29/
After all, while Masnick and Keller's work is well known inside of tech policy, that's just our obscure, nerdy corner of the policy world - now they're escaping that corner, becoming self-evident to people from traditional policy backgrounds.

https://t.co/Ltchly91C9

30/
My hope is that the trend continues - that we see ideas about Competitive Compatibility/Adversarial Interop join the idea of API mandates, so that we produce durable anti-monopoly systems, not just anti-monopoly rules.

31/
Most important, though, is restoring an appreciation for the importance of interoperability in PREVENTING monopolies and promoting technological self-determination for communities and individuals.

32/
Because such a sensibility can escape the legislative world and be enacted via fast-moving, easier-to-use policy tools. For example, we could (SHOULD!) make interop a feature of all government procurement rules.

33/
No school district should buy devices for students without securing the right to sideload the apps they need on them - imagine buying 50,000 Ipads at public expense and then having Apple boot the app you rely on out of the App Store!

34/
Likewise, no district should buy Google Classroom without securing a legally binding guarantee not to block interoperators who want to integrate other ed-tech services into the curriculum, with or without Google's cooperation.

35/
Procurement and interop are as old as the Civil War, when the Union Army demanded firearms and ammo that had multiple manufacturers. As the state-level Net Neutrality rules (which bar governments from using non-neutral ISPs) showed us, procurement can shape markets.

36/
Procurement is just for starters. Right now, tech companies caught breaking the law are handed down fines that are less than the profits their lawbreaking generated - instead, we could demand interop as part of any settlement.

37/
One major barrier to interop is contract law: terms of service, EULAs, noncompetes, arbitration, etc. States wield enormous power over contracting terms: states can declare certain contractual language against public policy and thus unenforceable.

38/
If, say, California were to pass a rule nullifying the mountain of abusive garbage that has become standard in digital "contracts," it would be in a position to export fair usage terms to the country in just the same way it exports robust emissions standards.

39/
Antittrust is primarily a federal manner (that's why 40 years of federal antitrust malpractice has been such a disaster). But every level of government, down to your local school board, can make a meaningful difference in tech antitrust.

40/
Digital technology's inescapable, marvellous, terrifying flexibility can be translated into so many unique, powerful weapons for transforming the industry and empowering communities to control their digital lives and seize the means of computation.

41/
If you'd like to read or share this thread as a single, unrolled blog post, here's a permalink on https://t.co/iSBh8s9m7q, my surveillance-free, ad-free, tracker-free, free-to-read site:

https://t.co/RMBDJIjnHX

eof/
CORRECTION: in Tweet 15, the link for "Protocols, Not Platforms" should be https://t.co/1yDSNJehRP

More from Cory Doctorow #BLM

Cory Doctorow
Cory Doctorow
@doctorow
It's been eight years since @aaronsw took his own life. Aaron had been charged with 13 felonies under the Computer Fraud and Abuse Act (#CFAA) for violating the terms of service on the @JSTOR database of scholarly articles.

1/


Prosecutors Stephen Heymann and Carmen Ortiz didn't dispute that Aaron was allowed to access the articles he retrieved. Rather, they said that the WAY he accessed them (using a script instead of clicking on links) was a terms-of-service violation and hence a crime.

2/

In other words: any business could conjure a felony out of thin air by making you click through an unreadable garbage-novella of legalese proscribing the use of a service they granted you access to. Violate any of those terms and you face a prison sentence.

3/

This isn't law as we know it, it's Felony Contempt of Business Model, and the most alarming thing was that this interpretation of the CFAA wasn't completely ridiculous, given how badly drafted that law is.

4/

Ronald Reagan signed CFAA into law. Fed prosecutors had been seeking broad authority to punish "hacking" and had drawn up an absurdly broad definition of cybercrime that would give them latitude to go after anyone they didn't like.

5/
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Cory Doctorow #BLM
Cory Doctorow #BLM
@doctorow
It's been twenty years, to the day, since I published my first blog-post.

I'm a blogger.

Blogging - publicly breaking down the things that seem significant, then synthesizing them in longer pieces - is the defining activity of my days.

https://t.co/lksXhU6HKM

1/


Over the years, I've been lauded, threatened, sued (more than once). I've met many people who read my work and have made connections with many more whose work I wrote about. Combing through my old posts every morning is a journey through my intellectual development.

2/

It's been almost exactly a year I left Boing Boing, after 19 years. It wasn't planned, and it wasn't fun, but it was definitely time. I still own a chunk of the business and wish them well. But after 19 years, it was time for a change.

3/

A few weeks after I quit Boing Boing, I started a solo project. It's called Pluralistic: it's a blog that is published simultaneously on Twitter, Mastodon, Tumblr, a newsletter and the web. It's got no tracking or ads. Here's the very first

I don't often do "process posts" but this merits it. Here's how I built Pluralistic and here's how it works today, after nearly a year.

I get up at 5AM and make coffee. Then I sit down on the sofa and open a huge tab-group, and scroll through my RSS feeds using @newsblur.

5/
CULTURE
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Cory Doctorow #BLM
Cory Doctorow #BLM
@doctorow
Accountancy is more likely to be mocked than celebrated (or condemned), but accountants, far more than poets, are the unacknowledged legislators of the world.

1/


Though "bean counters" are employed by firms, they are notionally bound by a professional code of ethics every bit as serious as the Hippocratic Oath: "count things honestly." Without an accurate accounting of quantities, you can't make good decisions on quality.

2/

Though accountancy concerns itself with counting things, it is inextricably bound up with the realm of ideas, and accounting conventions (how you account for things) are philosophical matters, not empirical ones.

3/

It's no coincidence that #ModernMonetaryTheory owes more to accountancy than it does to economics. Economic accounts of the economy have an unfortunate tendency to proceed from first principles, creating models based on pure reason, without checking in on the actual world.

4/

For example, neoclassical econ's "homo economicus," the rational value-maximizing actor who populated so many models; or economists' insistence on targeting inflation with interest rates; or treating national "debts" like they were household debts.

5/
HISTORY
Cory Doctorow #BLM
Cory Doctorow #BLM
@doctorow
Today's Twitter threads (a Twitter thread).

Inside: Planet Money on HP's myriad ripoffs; Strength in numbers; and more!

Archived at: https://t.co/esjoT3u5Gr

#Pluralistic

1/


On Feb 22, I'm delivering a keynote address for the NISO Plus conference, "The day of the comet: what trustbusting means for digital manipulation."

https://t.co/Z84xicXhGg

2/


Planet Money on HP's myriad ripoffs: Ink-stained wretches of the world, unite!

https://t.co/k5ASdVUrC2

3/


Strength in numbers: The crisis in accounting.

https://t.co/DjfAfHWpNN

4/


#15yrsago Bad Samaritan family won’t return found expensive camera https://t.co/Rn9E5R1gtV

#10yrsago What does Libyan revolution mean for https://t.co/Jz28qHVhrV? https://t.co/dN1e4MxU4r

5/
FOR LATER READ
Cory Doctorow #BLM
Cory Doctorow #BLM
@doctorow
The pandemic has afforded all of us a refresher course on the five stages of grief, a theoretical and controversial framework for describing how people cope with tragedy: denial, anger, bargaining, depression and acceptance.

https://t.co/nqPmjCvyab

1/


A far slower-moving unfolding of these stages can be seen in the reactions of the super-wealthy to the breakdown in neoliberal orthodoxy, the tale that says that inequality results from meritocracy, and makes us all better

Denial came out in the "rationalist" view: the world is better off than ever - richer, less violent, healthier, and any discontent you feel with your plummeting fortunes and the contracting possibilities for your kids is just your tunnel vision. Lack of perspective.

3/

But the Great Financial Crisis and Occupy triggered the anger of the elites: violent suppression of protests, the "Doom Boom" in new luxury bunkers, Howard Schultz's insistence that "billionaire" is a slur (he says we should call him a "person of wealth").

4/

The pandemic - and the "K-shaped recovery"- has revealed the existential threat inequality poses for our species, between price-gouging, fraud, profiteering, flouting health directives, and coercing the poor and vulnerable into risking their lives to keep the economy afloat.

5/
SOCIETY

More from Society

Nuddering
Nuddering
@NudderingNudnik
A long thread on how an obsessive & violent antisemite & Holocaust denier has been embraced by the international “community of the good.”

Sarah Wilkinson has a history of Holocaust denial & anti-Jewish hatred dating back (in documented examples) to around 2015.


She is a self-proclaimed British activist for “Palestinian rights” but is more accurately a far Left neo-Nazi. Her son shares the same characteristics of violence, racism & Holocaust denial.

I first documented Sarah Wilkinson’s Holocaust denial back in July 2016. I believe I was the 1st person to do so.

Since then she has produced a long trail of written hate and abuse. See here for a good summary.


Wilkinson has recently been publicly celebrated by @XRebellionUK over her latest violent action against a Jewish owned business. Despite many people calling XR’s attention to her history, XR have chosen to remain in alliance with this neo-Nazi.

Former Labour Shadow Chancellor John McDonnell MP is among those who also chose to stand with Wilkinson via a tweet.

But McDonnell is not alone.

Neo-Nazi Sarah Wilkinson is supported and encouraged by thousands of those on the Left who consider themselves “anti-racists”.
SOCIETY
Dant\xe9 Stewart (Stew)
Danté Stewart (Stew)...
@stewartdantec
As many of you know, I was apart of the white evangelical tradition. I have talked about things I learned about being Black in white spaces. Now I want to say some things about what I learned about once being a Black evangelical returning back to the Black church.

A thread.

Spending years in white evangelical churches and schools, specifically from 2012-2018, shapes Black people in more ways than we would like to admit. It shapes us to diminish Blackness, devalue our people’s story, and always test what we have against the white logic and litmus.

This is particular reality for us Black men in that space. White Christians exploit our vulnerabilities, give us the room to speak, while simultaneously subverting and devaluing Black women and their struggles and their grievances. Opportunities abound for us and we take them.

We are invited into the meetings, we are given the mic, we are asked to lead groups on race, the Black church, etc. We are asked though often we actually haven’t read or thought deeply about each. We become a weapon. Profiting and policing/punishing those who get out of line.

All the while, white Christians feel good about themselves and other Black people are left to clean up the mess we’ve made, the ways we’ve made fools of Black folk, and the harmful ways we’ve learned to think, and to preach, and to be around us. It is profoundly depressing.
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Dr. Simon \u30c4
Dr. Simon ツ
@goddeketal
1/ One year of destroyed economies, social isolation & deep social splits calls for an anniversary ⬇️thread ⬇️ to celebrate the RT-qPCR manuscript by Christian Drosten (@c_drosten) & Victor Corman (@vmcorman), submitted on 21st Jan 2020 to @Eurosurveillanc. #UnbiasedScience


2/ Before this very publication, virologists were neither treated like superstars, nor were they considered icons or half-gods. In 2009, Drosten almost succeeded in installing the false premise virology could supersede holistic medical sciences as discussed in this thread.

3/ Drosten is a virologist. He neither has any background in epidemiology, nor has he ever worked in the civil service. He also doesn’t have a background in public health. Yet he and his colleagues affect our daily lives to the level of whom to meet up or how to flush the toilet.


4/ Before January 2020, Drosten and Corman were common virologists at Charité Berlin, whenever they were not involved in economic implications (https://t.co/UTDwG8U7Du). Other than that, they looked at coronaviruses in dromedary calves in the Middle East or Africa. 😍 #cute


5/ Finally in Jan 2020, the published paper laid the theoretical grounds for the current pandemic, the RT-qPCR mass testing-religion, for which he was awarded his second German Federal Cross of Merit (he received the first one in 2005 for developing the SARS-CoV PCR test).
SOCIETY
sexnotgender.info
sexnotgender.info
@Sexnotgender_
Hi @officestudents @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality and Diversity section of your job application has 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

However...

1/15


However, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

Sex is the protected characteristic under the Act, but that is not on your list.

2/15


You then ask for the 'gender' of the applicant with options:

Male
Female.

3/15


Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

4/15


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

5/15
SOCIETY
Dr. Alexander Hamilton | Alter Ego: AHAM
Dr. Alexander Hamilton...
@DrAlexHamilton
MY RACIST

If U remember from an earlier post I brought up Sen Elizabeth Warrens remark that "Obama did more for Wall Street than Main Street." I concur. U can ignore poor black people all day, but under no circumstance can U ever ignore poor white

Now Biden must be careful not to repeat the same mistakes of Obama. Biden most go big & go big fast. Fuck inflation. Order the treasury to start printing money. You will not beat Trump by impeaching or prosecuting him. You must beat him on the battlefield of ideas & you do so by-

helping the people he ignored. People with good jobs, food on the table & a roof over their head dont have time to do insurrections. If U help these people, you will choke off the fuel to Trumpism. Some black people will criticize me for taking this approach. My simple retort is-

you can't out-violence white people. We don't make guns. We don't make bombs. We don't make shit. You have to make it such that everyone eats. Otherwise you have to deal with the warning Heather McGhee lays out in her new book: white

Obama did not get this. He made it such that only rich white oligarchs got to feast. Everyone else got crumbs. I need you to get precisely what peace requires. There are a good number of white people in this country which would rather burn this country down than to allow any-
SOCIETY

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I like this heuristic, and have a few which are similar in intent to it:


Hiring efficiency:

How long does it take, measured from initial expression of interest through offer of employment signed, for a typical candidate cold inbounding to the company?

What is the *theoretical minimum* for *any* candidate?

How long does it take, as a developer newly hired at the company:

* To get a fully credentialed machine issued to you
* To get a fully functional development environment on that machine which could push code to production immediately
* To solo ship one material quanta of work

How long does it take, from first idea floated to "It's on the Internet", to create a piece of marketing collateral.

(For bonus points: break down by ambitiousness / form factor.)

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A thread of images from a Japanese illustrated history of America from 1861.

Here is George Washington (with bow and arrow) pictured alongside the Goddess of America. 1/


Here is Christopher Columbus (seated at center) reporting his discovery of America to Queen Isabella of Spain.

So far, kinda normal, but wait for it.... 2/


Now it's the American Revolution. Here is George Washington defending his wife "Carol" from a British official named "Asura" (same characters as the Buddhist deity). 3/


And here is Washington's "second-in-command" John Adams battling an enormous snake. 4/


Here is Washington and his wife "Carol" meeting an extremely youthful Benjamin Franklin, who has an impressive squat. 5/
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Anu Satheesh \U0001f1ee\U0001f1f3
Anu Satheesh 🇮🇳...
@AnuSatheesh5
#Guruvayur_Krishna_Bhakthi  🕉
#Guruvayur
#Storytime
Beautiful Story of Guruvayurappan

Poonathanam Namboothiri was a great devotee of Guruvayurappan. One day Poonthanam was going to Guruvayur Kshetram. It was night time and eventhough Namboothiri was tired he continued to walk


Suddenly some thieves came and blocked his way. Poonthanam cried for Shri Krishna to help. Thieves snatched all valuables from him, but Namboothiri holding his Bhaghavatam book called Shri Krishna to help. That time a man came in a horse back and fought with thieves and protected


Namboothiri. Poonthanam thanked Krishna for helping him from danger and said to the man that "Shri Krishna has send you here and I don't know how to thank you".  The man smiled and told that he is Mangattachan, minister of  samoodhiris. Poonthanam once again thanked him and


gave his ring to Mangattachan as a token of thanks and continued his journey. He reached Guruvayur early morning for Nirmalya Darshan. Temple poojari came near him and told that Guruvayurappan came in his dreams and asked to hand over the ring to poonthanam.


When he opened Kshetra Nada poonthanam was surprised to see his ring on Guruvayurappan, which he gifted to Mangattachan. He understood that it was Guruvayurappan who came as Mangattachan to protect him. This is how Bhagwan treat his devotees.

Hare Krishna
🙏🕉🙏
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