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EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

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Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#51
post #45
post #43

Earlier quoted context omitted.

What’s interesting about this argument is that the playing field is highly asymmetric between the us and china. China explicitly firewalls out large amounts of the internet from its population. If you want to do business via an e-commerce in china, you cannot do so without explicit permission, license and partial Chinese equity share - for example https://developers.cloudflare.com/china-network/concepts/icp... On the…

China doesn't pretend to be a democracy, so as they don't are nor pretend to be a democracy the rest of us should abandon democracy? Should be stop begin democratic because China isn't?

I’m not advocating that we abandon democracy. To use your argument the other way around, why should we treat china as a democracy as it doesn’t pretend to be one? They don’t allow our businesses to operate on an equal footing there, so why afford them easy access to our markets?

In the case of any foreign ownership of mass media, it is trivial to weaponize that platform to wage asymmetric war against a political adversary by driving division in between the population through lies, half truths, and selected context. That’s why the US has laws to ban foreign ownership of broadcast media outlets.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#52
post #15

Earlier quoted context omitted.

There's a better way: privacy laws. The US government decided not to use it.

Privacy laws don't solve the real problem, they would only solve the fig leaf that politicians are hiding behind when it comes to tiktok. The actual problem is and always has been control over the content being fed to users. It's not an issue of privacy, it's an issue of voter manipulation. It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP do…

The voting algorithm needs to change so that destructive (negative) campaigning is not so effective.

Duverger's law makes campaigns devolve into undermining and destroying the competition, with the two parties hosting primaries to see which of them can "turn the wheel" the hardest before the general election where they claim "don't worry I won't crash the car!" despite their prior incentives.

If we used plurality voting for the inputs to a decision problem that follows the classic tragedy of the commons, we'd see a similar result. If instead of just {+1, +0, +0, ...} without repeats, we instead voted with {+1, +0.5, -0.5, 0, 0, ...} cooperation (or at least constructive competitive frameworks) would at least be at parity with destructive and potentially mutually destructive competition.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#53
So we know the real reason why the government banned Tiktok [1]:

> [Manufacturing Consent] argues that the mass communication media of the U.S. "are effective and powerful ideological institutions that carry out a system-supportive propaganda function, by reliance on market forces, internalized assumptions, and self-censorship, and without overt coercion", by means of the propaganda model of communication.

Tiktok doesn't push government propaganda to the same degree as Meta and Google.

But whoever pushed for this was smart enough to avoid making it about speech ("content-neutral" in legal parlance). It's strictly commerce-based and there's lots of precedent for denying access to the US market based on ownership. For a long time, possibly still to this day, foreign ownership of media outlets (particularly TV stations and newspapers) was heavily restricted. And that's a good analogy for what happened here.

What I hope happens is people wake up to the manipulation of what you see by US companies.

[1]: https://en.wikipedia.org/wiki/Manufacturing_Consent

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#54
post #6

Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.

Signal of belief in an excessively strong state? Clarence Thomas is not actually conservative in the small government sense.

Neil Gorsuch is though and he signed on too. He even said that while he thought the government had to prove a higher standard than the opinion required, it didn’t matter to the decision because the government in his mind had met that even higher standard anyway.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#55
post #15

Earlier quoted context omitted.

There's a better way: privacy laws. The US government decided not to use it.

Privacy laws don't solve the real problem, they would only solve the fig leaf that politicians are hiding behind when it comes to tiktok. The actual problem is and always has been control over the content being fed to users. It's not an issue of privacy, it's an issue of voter manipulation. It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP do…

The solution for the other half of the problem is anti-trust divestment of client apps from hosted services. Let TikTok (and Faceboot, and so on) keep their own assortments of services. But the mobile and web apps should be spun out into different companies, only communicating with openly documented APIs that are available for every other developer/user.

This won't solve the issue with propaganda that still manages to be compelling in the court of public opinion, but it will at least level the playing field rather than having such topics inescapably amplified for "engagement" and whatnot. There's definitely a mechanic of people realizing specific social media apps make them feel bad, but as of right now it is extremely hard to switch to an alternative due to the anticompetitive bundling of client presentation software (including "the algorithm") with hosted services (intrinsic Metcalfe's law attractors).

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#56
post #6

Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.

The commerce clause has been used since the founding of the country for this sort of thing. I never saw a way for it to be called unconstitutional.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#57
post #3

> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally. These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astrot…

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