Media Regulation

I’ve spent a lot of time here deconstructing and criticizing the proposals set forth by the Free Press, the radical media “reformista” group founded by the prolific Marxist media theorist Robert McChesney.  I have been trying to shine more light on their proposals and activities because I believe they are antithetical to freedom of speech and a free society.  That’s because, as media scholar Ben Compaine has noted, “What the hard core reformistas really want, it seems, is not diversity or an open debate but a media that promotes their own vision of society and the world.”  That’s exactly right and, more specifically, as I argued in my 2005 Media Myths book, the media reformistas want to impose this control by taking the fantasy that “the public owns the [broadcast] airwaves” and extending it to ALL media platforms and outlets.  In other words, McChesney and the Free Press want an UnFree Press.  To cast things in neo-Marxist terms that they could appreciate, they want to take control of the information means of production.  And it begins, McChesney argues, by all of us having to give up this “sort of religious attachment to the idea of a ‘free-press'” from which we all suffer.

Some people accuse me of “red-baiting” or “McCarthyite” tactics when I use the “M-word” (Marxism) or the “S-Word” (socialism) to describe McChesney, the Free Press, and the movement they have spawned.  But these are labels with real meaning and ones that McChesney himself embraces in his work. In his 1999 book Rich Media, Poor Media, he says that “Media reform cannot win without widespread support and such support needs to be organized as part of a broad anti-corporate, pro-democracy movement.” He casts everything in “social justice” terms and speaks of the need “to rip the veil off [corporate] power, and to work so that social decision making and power may be made as enlightened and as egalitarian as possible.”  What exactly would all that mean in practice for media? In his 2002 book Our Media, Not Theirs: The Democratic Struggle against Corporate Media with John Nichols of The Nation, McChesney argues that media reform efforts must begin with “the need to promote an understanding of the urgency to assert public control over the media.” They go on to state that, “Our claim is simply that the media system produces vastly less of quality than it would if corporate and commercial pressures were lessened.”

If you want additional proof of his intentions, then I encourage you to read this lengthy interview with McChesney that appears in the new edition of The Bullet, an online newsletter produced by the Canada-based “Socialist Project.”  (If you ask me, there’s something strangely appropriate about a socialist newsletter named “The Bullet” in light of the millions of people who died while living under socialist tyranny!)  Anyway, let’s ignore that and focus on what neo-Marxist media reform entails according to McChesney.  Because never before has he laid his cards on the table as clearly as he does in this interview. Continue reading →

“Liberty upsets patterns.” That was one of the many lessons that the late Harvard philosopher Robert Nozick taught us in his 1974 masterpiece “Anarchy, State, and Utopia.” What Nozick meant was that there is a fundamental tension between liberty and egalitarianism such that when people are left to their own devices, some forms of inequality would be inevitable and persistent throughout society. (Correspondingly, any attempt to force patterns, or outcomes, upon society requires a surrender of liberty.)

No duh, right? Most people understand this today–even if some of them are all too happy to hand their rights over to the government in exchange for momentary security or some other promise.  In the world of media policy, however, many people still labor under the illusion that liberty and patterned equality are somehow reconcilable. That is, some media policy utopians and Internet pollyannas would like us to believe that if you give every man, woman, and child a platform on which to speak, everyone will be equally heard.  Moreover, in pursuit of that goal, some of them argue government should act to “upset patterns” and push to achieve more “balanced” media outcomes. That is the philosophy that has guided the “media access” movement for decades and it what fuels the “media reformista” movement that is led by groups like the (inappropriately named) Free Press, which was founded by neo-Marxist media theorist Robert McChesney.

Alas, perfect media equality remains an illusive pipe dream. As I have pointed out here before, there has never been anything close to “equal outcomes” when it comes to the distribution or relative success of books, magazines, music, movies, book sales, theater tickets, etc.  A small handful of titles have always dominated, usually according to a classic “power law” or “80-20” distribution, with roughly 20% of the titles getting 80% of the traffic / revenue.  And this trend is increasing, not decreasing, for newer and more “democratic” online media.

For example, recent research has revealed that “the top 10% of prolific Twitter users accounted for over 90% of tweets” and  “the top 15% of the most prolific [Wkipedia] editors account for 90% of Wikipedia’s edits.” As Clay Shirky taught us back in 2003 in this classic essay, the same has long held true for blogging, where outcomes are radically inegalitarian, with a tiny number of blogs getting the overwhelming volume of blogosphere attention.  The reason, Shirky pointed out, is that:

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by Berin Szoka & Adam Thierer

This morning, the House Energy & Commerce Committee will hold a hearing on “Behavioral Advertising: Industry Practices And Consumers’ Expectations.” If nothing else, it promises to be quite entertaining:  With full-time Google bashers Jeff Chester and Scott Cleland on the agenda, the likelihood that top Google officials will be burned in effigy appears high!

Chester, self-appointed spokesman for what one might call the People for the Ethical Treatment of Data (PETD) movement, is sure to rant and rave about the impending techno-apocalypse that will, like all his other Chicken-Little scenarios, befall us all if online advertisers were permitted to better tailor ads to consumers’ liking. After all, can you imagine the nightmare of less annoying ads that might actually convey more useful information to consumers? Isn’t serving up “untargeted” dumb banner ads for Viagra to young women and Victoria’s Secret ads to Catholic school kids the pinnacle of modern online advertising?  Gods forbid we actually make advertising more relevant and interest-based!  (Those Catholic school boys may appreciate the lingerie ads, but few will likely buy bras.)

Anyway, according to National Journal’s Tech Daily Dose, the hearing lineup also includes:

  • Charles Curran, Executive Director, Network Advertising Initiative
  • Christopher Kelly, Chief Privacy Officer, Facebook
  • Edward Felten, Director, Center for IT Policy, Princeton University
  • Anne Toth, Chief Privacy Officer & Vice President, Policy, Yahoo!
  • Nicole Wong, Deputy General Counsel, Google

That’s an interesting group and we’re sure that they will say interesting things about the issue. Nonetheless, because four of them have a corporate affiliation that fact will inevitably be used by some critics to dismiss what they have to say about the sensibility of more targeted or interest-based forms of online advertising. So, we’d like to offer a few thoughts and pose a few questions to make sure that Committee members understand why, regardless of what it means for any particular online operator, targeting online advertising is very pro-consumer and essential to the future of online content, culture, and competition.  As Wall Street Journal technology columnist Walt Mossberg has noted, “Advertising is the mother’s milk of all the mass media.”  Much of the “free speech” we all cherish isn’t really free, but ad-supported!

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Mark Cuban penned a sharp piece over the weekend entitled “Who Cares What People Write?” in which he explains why people shouldn’t get too worked up about what they might read about themselves (or their organizations) online since, chances are, very few people are ever going to see it anyway.  To explain why, Cuban identifies two kinds of “Outties” (which is shorthand for someone who publishes on the web): (1) “professional outties” (or “Those that attempt to publish in a limited number of locations to a maximum number of readers or listeners, with a reasonable expectation of building a following.”) and (2) “amateur outties” (“Those that attempt to publish in as many places as possible hoping they are “discovered.”)  But those “amateur outties… really [have] no impact on 99.99pct of the population,” Cuban argues, “[and the] vast majority of what is written on the web goes unread and even that which is read, is quickly forgotten.”  Moreover, “even when something is heavily commented on, it  is usually just an onslaught by the ‘amateur outties.’”

Thus, Cuban concludes:

Fragmentation applies to 100pct of media. We have gotten to the point where it is so easy to publish to the web, that most of it is ignored. When it is not ignored and it garners attention, the attention is usually from those people, the amateur outties, whose only goal is to create volume on the web in hopes of being noticed.

That’s not to say there are no sites that people consume and pay attention to. There obviously are.  That’s where the “professional outties” come in. They are branded. They have an identity that usually extends beyond the net.  They are able to make a living publishing, even if its not much of one.  They are the sites that people consume and may possibly remember.

The moral of the story is that on the internet, volume is not engagement.  Traffic is not reach.  When you see things written about a person, place or thing you care about,  whether its positive or negative, take a very deep breath before thinking that the story means anything to anyone but you.

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Via Kevin Kelly I see that at some point Forbes magazine produced this chart measuring technology diffusion rates for various media and communications technologies since their year of inception.
Forbes tech diffusion chart
I found this of great interest because, since the mid-90s, I have been putting together various charts and tables illustrating technological diffusion [most recently I did this in my “Media Metrics” report] and this particular chart is quite challenging since you are forced to pick a “Year 1” date to begin each of the “S curves.” For example, what is “Year 1” for electricity or telephony on one hand, or the PC or the Internet on the other? That’s not always easy to determine since it is unclear when certain technologies were “born.”

Regardless, no matter how you cut it, the more modern and the less regulated the technologies, the quicker they get to market. Here’s a couple of my recent charts illustrating that fact. The first shows how long it took before various technologies reached 50% household penetration. The second illustrates the extent of household diffusion over time.


However, as Kevin Kelly notes, we usually never see any technology hit 100% household penetration (although the boob tube got close!):
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Recall a couple of years ago when I lauded Google – and also picked on them – for making customer data “more anonymous”?

“‘Anonymous’ is correctly regarded as an absolute condition,” I wrote. “Like pregnancy, anonymity is either there or it’s not. Modifying the word with a relative adjective like ‘more’ is a curious use of language.”

The challenge of these concepts – “anonymized” or “de-identified” data – is still around, and it’s still a difficult one.

Here’s a sophisticated take on the question:

Information is increasingly difficult to classify as “identified” or “de-identified,” particularly as it is copied, exchanged, or recombined with other information. With rapidly evolving technologies and databases, it is more appropriate to describe a spectrum of “identifiability,” rather than a binary classification of information as identifiable or not. The question could then become not whether deidentified information might be made re-identifiable, but rather which entities would be able to re-identify the information, how much effort they would have to expend, and what limits are placed on their doing so.

And here’s an advocacy group apparently lacking that sophistication. They treat information as flatly “de-identified” in a legal filing about a New Hampshire law that bans the sale of prescription drug data for marketing purposes:

[T]he Prescription Information Law does not implicate patient privacy. While it purports to protect privacy interests, the statute regulates patient de-identified information.

Here’s the thing: Both quotes were issued by the Center for Democracy and Technology. Continue reading →

As part of our ongoing series that tracks the gradual transition of video content to the boob tube to online outlets, I want to draw everyone’s attention to two excellent articles in today’s Washington Post about this trend.  One is by Paul Fahri (“Click, Change: The Traditional Tube Is Getting Squeezed Out of the Picture“) and the other by Monica Hesse (“Web Series Are Coming Into A Prime Time of Their Own“).  I love the way Paul opens his piece with a look forward at how many of us will be explaining the “old days” of TV viewing to our grand kids:

Sit down, kids, and let Grandpa tell you about something we used to call “watching television.”

Why, back when, we had to tune to something called a “channel” to see our favorite programs. And we couldn’t take the television set with us; we had to go see it!

Ah, those were simpler times.

Oh, sure, we had some technology we thought was pretty fancy then, too, like your TiVo and your cable and your satellite, which gave us a few hundred “channels” of TV at a time. Imagine that — just a few hundred! And we had to pay for it every month! Isn’t the past quaint, children?

Well, it all started to change around aught-eight, or maybe ’09, for sure. That’s when you no longer needed a television to watch all the television you could ever want.

Yes, I still remember it like it was yesterday . . .

Too true.  Anyway, Paul goes on to document how some folks have already completely made the jump to an online-online TV existence and are doing just fine, although the idea of us all gathering around the tube to share common experiences may be a causality of the migration to smaller screens, he notes.

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Howard Stern swore off free broadcast radio in 2004 in part because of federally mandated decency rules. The self-annointed “king of all media” may have stepped off the throne in doing so. Them’s the breaks in the competitive media marketplace, contorted as it is by government speech controls.

Some would argue that a new king of all media is seeking the mantle of power now that the Obama administration is ensconced and friendly majorities hold the House and Senate. The new pretender is the federal government.

And some would argue that the Free PressChanging Media Summit” held yesterday here in Washington laid the groundwork for a new federal takeover of media and communications.

That person is not me. But I am concerned by the enthusiasm of many groups in Washington to “improve” media (by their reckoning) with government intervention.

Free Press issued a report yesterday entitled Dismantling Digital Deregulation. Even the title is a lot to swallow – Have communications and media been deregulated in any meaningful sense? (The title itself prioritizes alliteration over logic – evidence of what may come within.)

Opening the conference, Josh Silver, executive director of Free Press harkened to Thomas Jefferson – well and good – but public subsidies for printers and a government-run postal system model his hopes for U.S. government policies to come.

It’s helpful to note what policies found their way into Jefferson’s constitution as absolutes and what were merely permissive. The absolute is found in Amendment I: “Congress shall make no law . . . abridging the freedom of speech, or of the press . . . .”

Among the permissive is the Article I power “to establish Post Offices and post Roads.” There’s no mandate to do it and the scope and extent of any law is subject to Congress’ discretion, just like the power to create patents and copyrights which immediately follows.

I won’t label Free Press and all their efforts a collectivist plot and dismiss it as such – there are some issues on which we probably have common cause – but a crisper expression of “dismantling deregulation” is “re-regulation.”

It’s a very friendly environment for a government takeover of modern-day printing presses: Internet service providers, cable companies, phone companies, broadcasters, and so on.

A few months ago, Adam Thierer penned The Pragmatic (Internet) Optimist’s Creed in response to calls from “Internet pessimists” for increased regulation of the Internet on many fronts. Adam‘s recent 4-way debate with pessimists Larry Lessig and Jonathan Zittrain (as well as optimist Declan McCullagh) inspired me to pen the following cheeky homage to Lessig, the Father of Internet Pessimism, whose work has launched a thousand efforts to increase government control of the Internet in the name, ironically, of “freedom:”

Our Lessig, who art in Harvard,
Hallowed be thy blog.
Thy Free Culture come.
Thy Code be done,
In Washington as it is in thy Ivory Tower.

Give us this day our Net Neutrality.
And forgive us our trespasses against Internet Openness,
As we forgive those who question thy genius,
And lead us not into trusted systems of perfect control,
But deliver us from digital rights management and architectures of identity.

For thine is the wisdom,
and the clairvoyance, and the coolness,
for ever and ever.
Amen.

Lest I become the Salman Rushdie of pragmatic Internet optimists/regulatory-skeptics, let me emphasize that my techno-blasphemy is meant in good humor.  But then, that’s probably what poor Rushdie said…

Ted Dziuba has penned a humorous and sharp-tongued piece for The Register about last week’s Adblock vs. NoScript fiasco.  For those of you who aren’t Firefox junkies, a nasty public spat broke out between the makers of these two very popular Firefox Browser extensions (they are the #1 and #3 most popular downloads respectively).  To make a long and complicated story much shorter, basically, NoScript didn’t like Adblock placing them on their list of blacklisted sites and so they fought back by tinkering with the NoScript code to evade the prohibition.  Adblock responded by further tinkering with their code to circumvent the circumvention!  And then, as they say, words were exchanged.

Thus, a war of words and code took place.  In the end, however, it had a (generally) happy ending with NoScript backing down and apologizing. Regardless, Mr. Dzuiba doesn’t like the way things played out:

The real cause of this dispute is something I like to call Nerd Law.  Nerd Law is some policy that can only be enforced by a piece of code, a public standard, or terms of service. For example, under no circumstances will a police officer throw you to the ground and introduce you to his friend the Tazer if you crawl a website and disrespect the robots.txt file.

The only way to adjudicate Nerd Law is to write about a transgression on your blog and hope that it gets to the front page of Digg. Nerd Law is the result of the pathological introversion software engineers carry around with them, being too afraid of confrontation after that one time in high school when you stood up to a jock and ended up getting your ass kicked.

Dziuba goes on to suggest that “If you actually talk to people, network, and make agreements, you’ll find that most are reasonable” and, therefore, this confrontation and resulting public fight could have been avoided. They “could have come to a mutually-agreeable solution,” he says.

But no. Sadly, software engineers will do what they were raised to do. And while it may be a really big hullabaloo to a very small subset of people who Twitter and blog their every thought as if anybody cared, to the rest of us, it just reaffirms our knowledge that it’s easy to exploit your average introvert.  After all, what’s he gonna do? Blog about it?

OK, so maybe the developers could have come to some sort of an agreement if they had opened direct channels of communications or, better yet, if someone at the Mozilla Foundation could have intervened early on and mediated the dispute.  At the end of the day, however, that did not happen and a public “Nerd War”  ensued.  But I’d like to say a word in defense of Nerd Law and public fights about “a piece of code, a public standard, or terms of service.”

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