First Amendment Protection of Search Algorithms as Editorial Discretion

by Berin Szoka on June 4, 2009 · Comments

Cory Doctorow has called for a Wikipedia-style effort to build an open source, non-profit search engine. From his column in The Guardian:

What’s more, the way that search engines determine the ranking and relevance of any given website has become more critical than the editorial berth at the New York Times combined with the chief spots at the major TV networks. Good search engine placement is make-or-break advertising. It’s ideological mindshare. It’s relevance…

It’s a terrible idea to vest this much power with one company, even one as fun, user-centered and technologically excellent as Google. It’s too much power for a handful of companies to wield.

The question of what we can and can’t see when we go hunting for answers demands a transparent, participatory solution. There’s no dictator benevolent enough to entrust with the power to determine our political, commercial, social and ideological agenda. This is one for The People.

Put that way, it’s obvious: if search engines set the public agenda, they should be public.

He goes on to claim that “Google’s algorithms are editorial decisions.”   For Doctorow, this is an outrage: “so much editorial power is better vested in big, transparent, public entities than a few giant private concerns.”

I wish Doctorow well in his effort to crowdsource a Google-killer, but I’m more than a little skeptical that anyone would actually want to use his search engine of The People.  My guess is that, like most things produced in the name of “The People” (Soviet toilet paper comes to mind), it will probably won’t be much fun to use, and will likely chafe noticeably. (For the record, I love and regularly use Wikipedia; I just don’t think that model is unlikely to produce a particularly useful search engine.  As Doctorow himself has noted of Google, “they make incredibly awesome search tools.”)

But I’m glad to see that Doctorow has conceded an important point of constitutional law: The First Amendment protects the editorial discretion of search engines, like all private companies, to decide what to content to communicate.  For a newspaper, that means deciding which articles or editorials to run.  For a library or bookstore, it means which books to carry.  For search engines, it means how to write their search algorithims. Continue reading →

Comments Posted in: Advertising & Marketing, First Amendment, Free Speech & Online Child Safety, Googlephobia

Cory Doctorow on the Bureacrash Podcrash

by Cord Blomquist on September 16, 2008 · Comments

None other than Sci-Fi author, civil libertarian, blogger, activist, and TLF commenter Cory Doctorow drops in at the Bureaucrash Podcrash (that’s a podcast for “crashers”) to discuss his new book Little Brother.

Austin Grossman’s review of the book for the New York Times remarks:

An entertaining thriller and a thoughtful polemic on Internet-era civil rights, “Little Brother” is also a practical handbook of digital self-defense. Marcus’s guided tour through RFID cloners, cryptography and Bayesian math is one of the book’s principal delights. He spreads his message through a secure network engineered out of Xbox gaming consoles, to a tech-savvy youth underground (we are now post-nerd, I learned — hipsters and social networking experts have replaced the unwashed coders of yore).

We at TLF may disagree with Mr. Doctorow on a number of policy issues, but I must admit that he’s a talented writer. I bought Cory’s Overclocked: Stories of the Future Present, a collection of short stories, at Capital Books here in DC and read it cover to cover by the end of that weekend. A great read available free in digital form at Cory’s Craphound.

Comments Posted in: Uncategorized