[HN Gopher] Rights, Laws, and Google
       ___________________________________________________________________
        
       Rights, Laws, and Google
        
       Author : vinnyglennon
       Score  : 111 points
       Date   : 2022-08-29 14:09 UTC (8 hours ago)
        
 (HTM) web link (stratechery.com)
 (TXT) w3m dump (stratechery.com)
        
       | bsedlm wrote:
       | edit: deleted.
        
         | merely-unlikely wrote:
         | This doesn't necessarily take away from your point, but
         | commonly under the law there is a legal fiction that holds a
         | corporation is considered a "person"[1].
         | 
         | [1] https://en.wikipedia.org/wiki/Corporate_personhood
        
         | nonrandomstring wrote:
         | > power ... exerting force over a minority ... free software
         | movements were never about the openness nor the accessibility
         | of the source code. But about issues such as this.
         | 
         | Yes, Free Software culture has always been more about justice
         | on a new (digital) frontier where new forms of injustice and
         | abuse roam wild (and have only grown worse).
         | 
         | I sincerely think the best model for understanding big-tech
         | corporations like Google is as serfdom under feudal warlords
         | within modern fiefdoms. It closely mirrors these historical
         | power relations where laws and constitutions have nothing to
         | say.
         | 
         | The article is long and complex but I eventually found the
         | kernel in this line:
         | 
         | > "A Google spokeswoman said the company stands by its
         | decisions, even though law enforcement cleared the two men."
         | 
         | Though the moral questions behind it all are very complex, this
         | case is not itself actually that complex. There was no mistake.
         | No lack of proper investigation or tardiness by the police. The
         | child, parent, doctor and police - all of the parties except
         | Google - acted fairly, in good faith, mutuality and consent.
         | 
         | Google is the problem here, and simply believes itself a law
         | unto itself, that's the nub of it. For all the posturing about
         | complying with the laws of nation states, companies like
         | Facebook and Google have grown smug about their power. When
         | they roll over the toes of the innocent, they laugh and say
         | "and what are you going to do about it?"
         | 
         | We are in new "might is right" times and nobody big enough has
         | yet had the courage to say "Act justly, or we will hurt you
         | back", and then follow up.
         | 
         | For the ordinary citizen, the only sensible course is to
         | resolutely refuse to use their services and products, and Free
         | Software which provides so many alternatives to Google,
         | Microsoft, Facebook and suchlike is the solution. It is the
         | _moral_ choice that a _good citizen_ can and should make in
         | these times.
        
       | waylandsmithers wrote:
       | My theory on why Google does this (and follows the same pattern
       | in so many areas) is that having one person simply use common
       | sense and reasonable judgment would be something of an admission
       | that their software, created by the best and brightest engineers,
       | isn't top notch.
        
         | paulcole wrote:
         | Start with questioning whether the software was created by the
         | best and brightest.
        
       | Animats wrote:
       | There's a question as to whether Google is acting as an agent of
       | the Government here. When the Government outsources something,
       | that activity sometimes becomes subject to constitutional
       | protections. Cases on this are iffy, though.[1] This has come up
       | in reference to Amtrak, the Federal Reserve, Blackwater, and
       | privately run prisons.
       | 
       | Suppose Google analyzed all business data that passed through its
       | servers looking for patterns of tax evasion. If the probability
       | of tax evasion was high, reporting it to the IRS, which offers
       | rewards, could be a profit center.
       | 
       | [1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2394843
        
       | cee_el123 wrote:
       | Does a petition/campaign in Mark's favour have any hope of
       | getting Google to restore his account ?
       | 
       | the most frustrating question I have - Why isn't Google restoring
       | his account despite him being cleared by the police ? Why are
       | they not even explaining this ?
        
         | gumby wrote:
         | They are probably worrying that if they did it would open a
         | floodgate of challenges, lawsuits and political attacks.
         | 
         | As the last paragraph of this essay points out: tough. Google
         | needs to step up and deal with the consequences of its own
         | size.
        
           | golemotron wrote:
           | > Google needs to step up and deal with the consequences of
           | its own size.
           | 
           | This is where regulation can help.
        
             | gumby wrote:
             | This is an under-appreciated factor in regulation ignored
             | by the reflexive "regulation bad" crowd. Companies can
             | welcome regulation, and not in a malign, regulatory capture
             | fashion.
             | 
             | One case could be this one: doing the right thing could
             | open you up to attacks from bad actors. A regulation could
             | give you air cover (and legal cover).
             | 
             | Or lets say you want to be more environmentally friendly
             | but customers won't pay extra. Your competitors do too, but
             | of course you can't agree to do this (that's collusion). A
             | regulation removes the risk and is applied to all.
        
         | crazygringo wrote:
         | I am utterly baffled as well. This was literally a front-page
         | article in the NYT, not just the online home page but front
         | page of the _paper edition_ [1].
         | 
         | It's one thing to get the attention of some Googlers on the
         | front page of HN, it's a whole other order of magnitude for the
         | front page of the NYT.
         | 
         | I cannot imagine how this hasn't become an urgent priority for
         | Sundar himself to make sure this gets fixed and fast, at a
         | minimum in these known situations. What could they possibly
         | still be debating or deciding inside there at Google...? Police
         | determined no charges, so restore the accounts. I don't see any
         | potential risk, legal/reputational/otherwise, this would open
         | up. Google's inaction here _boggles the mind_.
         | 
         | [1]
         | https://www.nytimes.com/issue/todayspaper/2022/08/22/todays-...
        
           | wswope wrote:
           | I'm right there with you in dismay, but I think this has been
           | building up a while: consider how long there have been Google
           | employees who browse HN, fully aware of how broken processes
           | are damaging users and developers, and just sitting on the
           | sidelines because they're in it for the paycheck.
        
           | codefreeordie wrote:
           | I'm surprised at how long this has gone on, but not _at all_
           | surprised that it happened. Based on my experience at Google,
           | I would have expected the NYT article to get it unstuck
           | within 2-3 days.
           | 
           | When I was at Google, I was continuously amazed at how hard
           | it was to stop this kind of own-goal when we knew it was
           | happening. (Based on where I was inside Google, I came across
           | (dramatically-less-sensational) obviously dumb decisions of
           | this sort).
           | 
           | It was always _shockingly_ hard as a Googler to get traction
           | on fixing some customer 's bureaucracy-navigation problem --
           | but usually it getting into the press finally got someone
           | through the bureaucracy.
        
             | [deleted]
        
         | Tangurena2 wrote:
         | Google has become too large. As a result, they're a threat
         | rather than a benefit to the web ecosystem.
         | 
         | We saw similar stuff when banks were getting bailed out because
         | they were "too big to fail". That meant that their very size
         | was a threat to the financial system - they were really too big
         | to allow to exist.
        
       | alexb_ wrote:
       | This is an extremely good article. The hard part of this is
       | everyone can agree that "legality is not morality" and that what
       | is legal is not necessarily moral. But this is used for the wrong
       | side of the argument - since the Bill of Rights is a legal
       | document, some disregard it as any guidance for morality.
        
         | vorpalhex wrote:
         | The Bill of Rights is a legal document based on a Moral set of
         | beliefs.
        
       | merely-unlikely wrote:
       | I think this article points to a missing product in the market -
       | integrated cloud services but with the cloud located on a private
       | server in the home. Specifically for a company like Apple (who
       | hand waives at being pro-privacy) to enable all iCloud
       | functionality to be hosted on a personal mac. From a high level
       | (and likely ignoring important but probably not insurmountable
       | technical details), the idea would be for everything to look
       | exactly the same to the iPhone user, but for all data and
       | processing to happen on a machine the user controls. No Apple
       | accessible or hosted user data, end-to-end encrypted in transit,
       | etc.
       | 
       | One might argue there are products that can fill this niche and
       | certainly many on Hacker News are capable of setting up their own
       | home servers. However, that is not nearly as convenient or
       | realistic for the average person to do. Those setups also don't
       | integrate directly into default services like iMessage, Photos
       | (including both storage and things like photo tagging), etc.
       | Modern desktops and many people's internet connections should be
       | powerful/fast enough to handle this.
       | 
       | To the extent user data is used to feed big-data algos/machine
       | learning/etc, this might not be practical. That's why I suggest
       | Apple do it rather than Google (Apple already claiming much of
       | their ML services are handled on-device).
       | 
       | One might argue that's essentially something iTunes handled
       | (still could?) but again it's not nearly as integrated as modern
       | iCloud services. And that only works over a local network or
       | direct wired connection.
       | 
       | The basic idea is just to move data hosting and processing from
       | third-party servers where users have no direct control over how
       | their data is used or accessed to hardware sitting in their home.
        
         | izacus wrote:
         | This exists are part of NAS devices. Buy a Synology and you get
         | your iCloud/Google set of services in your home, for 1-time
         | price.
         | 
         | With all of the services you mentioned.
        
           | merely-unlikely wrote:
           | That only covers a subset of iCloud functionality though.
           | Remote file storage sure. What about things like like backup
           | the entire device with the ability to restore on a new
           | iPhone, browsing history, app data (first and third-party),
           | passwords, etc. AFAIK solutions aren't nearly as integrated.
           | Which is why it would need Apple's support.
           | 
           | Then there are services like email, iMessage, reminders,
           | notes, etc. The latter there may be some service that does it
           | but not in the default apps. The former I don't know of any
           | plug-and-play solutions not cloud hosted. For example, many
           | privacy concerned people use Proton mail but that is cloud
           | hosted and subject to search without the user's knowledge
           | (hopefully provided a valid warrant, but I don't think that
           | takes away from the point).
           | 
           | I'd also rather services like find-my-iphone, recent
           | locations, and other map data be handled on a server I
           | control without Apple having any potential access.
           | 
           | I'm not saying there are no solutions but I am saying that
           | they involve tradeoffs that a first-party solution could make
           | a lot smoother. I'd gladly pay for a home Apple server that
           | could replace all iCloud functionality without having to
           | change my habits. I suspect I'm not the only one - just look
           | at their recent privacy focused offering that turns off a
           | bunch of features for "at risk" individuals.
        
             | smoldesu wrote:
             | It more sounds like your fault for becoming overly-reliant
             | on services that are only possible by putting your trust in
             | one company. I'm also one of the people who does the whole
             | "home NAS" thing, and I have no problem syncing my
             | passwords, notes, dotfiles and whatnot.
             | 
             | This is the hook that Tim Cook has been setting up for
             | years. They wanted you to take a bite out of their services
             | without thinking about how their concentration of power
             | effects you. Now that people are realizing that
             | iCloud/Apple Pay/App Store are all just ploys to add an
             | Apple Tax to other segments of the economy, they're relying
             | on the people addicted to their services to justify it's
             | use. When people talk about the degrading Apple ecosystem,
             | _this_ is what we 're referring to.
             | 
             | I jumped off that racket years ago. Buy a few WD Reds and
             | set up RAID, then you can self-provision your own cloud
             | resources.
        
               | merely-unlikely wrote:
               | I don't disagree. Still, the situation remains and I bet
               | Apple could charge another "tax" to remedy it. And to be
               | clear, I'm suggesting a product offering not a regulatory
               | solution.
        
               | smoldesu wrote:
               | Yep. I certainly wouldn't hold your breath for Apple to
               | reverse their stance on services/the cloud though. They
               | make too much money off it to encourage people to self-
               | host. It may well take regulatory action before Apple
               | puts their customers before profit margins again.
        
         | blfr wrote:
         | _I think this article points to a missing product in the market
         | - integrated cloud services but with the cloud located on a
         | private server in the home._
         | 
         | That would be very cool but, sadly, 60% of that market is in
         | this comments thread. And we want it to be open source.
        
           | rpdillon wrote:
           | The product that kicked off the topic is Google Photos, which
           | I recently neared my storage limit on. Sensing that Google
           | One may not be an ideal next step, I set up my phone to
           | backup photos and videos to my Synology instead using DSFile
           | (Synology's file manager for Android). This has been pretty
           | awesome so far, at least for my use cases.
           | 
           | I think Synology is the closest product I know of that
           | provides something like what you're describing, though, as
           | you point out, it's not OSI open source.
        
             | gernb wrote:
             | I use google photos for access, not backup. So, I can not
             | only access all my photos from anywhere, I can also take
             | advantage of their ML driven search. I'm not entirely happy
             | with the UX of Google Photo's but it's 1000x better than a
             | self hosted file share
        
           | merely-unlikely wrote:
           | I suspect the market may actually be of decent size if you
           | consider enterprises, journalists, politicians, and the like.
           | Users who aren't necessarily tech savvy, won't stop using
           | default services/apps without a fight, but who require a
           | level or privacy that is currently somewhat compromised.
        
             | vkou wrote:
             | Have you seen the unmitigated dumpster fire that is mass-
             | market Wordpress hosting? Now imagine that, but _even
             | worse_.
             | 
             | Users who aren't tech savvy who are trying to run their own
             | mission-critical software on their own hardware:
             | 
             | 1. Should expect to pay $200+/month for a support plan.
             | That will buy them one hour of an engineer's time per
             | month. They are going to need that time, because _deploying
             | software is hard_ , _keeping software running is hard_ ,
             | and there are no SRE/DevOps economies of scale when every
             | Tom, Dick, and Harry wants to run their own service on
             | their own hardware.
             | 
             | 2. Should expect to either deal with all the problems
             | (stability and security) that come with regular auto-
             | updates, or regularly getting pwned (because they aren't
             | auto-updating, and because they are a juicy, high ROI
             | target for bad actors).
             | 
             | 3. All this stuff already exists for enterprises, and they
             | aren't complaining in these HN threads, because their needs
             | _are_ being met by cloud providers (As are the needs of
             | politicians. Because they generally don 't need security,
             | they need security _theatre_. As long as they can check the
             | compliance checkbox, they are in the clear.) The people
             | whose needs aren 't met are the long-tail small-fry of
             | journalists and hobbyists and their ilk. Who aren't enough
             | of a market, and can't afford the money, and the time,
             | because see points #1 and #2. Like, maybe the NYT can
             | afford to have this set up, and set up well for their
             | people, but they already have dedicated IT teams doing just
             | that!
        
           | marcosdumay wrote:
           | > And we want it to be open source.
           | 
           | I don't see how that bit would be a problem. The market size,
           | yes, it's a problem, but it's supposed to be a cloud service,
           | there is no loss on the clients being open source.
        
             | bsedlm wrote:
             | yes there's a loss, not a monetary/economic loss, but a
             | loss of (potential) power. the fact the loss is "potential"
             | irks me about calling it a 'loss'; it's not quite a loss,
             | but a missed opportunity to leverage more power over.
        
           | smolder wrote:
           | We want it to be open source because open source is the only
           | source of services you can run at home or on premises at a
           | small business for a reasonable cost.
           | 
           | It's really a supply side issue pretending to be a demand
           | one. Self hosted services of all kinds are woefully
           | underdeveloped.
           | 
           | Tech giants aren't going to encourage you to own your data
           | and hardware by spending effort on supporting it, because
           | that undermines key reasons for building cloud services:
           | surveillance and control.
        
             | SpicyLemonZest wrote:
             | Self-hosted services are woefully underdeveloped because
             | people outside the open source community generally don't
             | want them. I'm familiar with a couple of small
             | organizations who've been around since the pre-cloud days;
             | all of them hated "the server" and love that Google enabled
             | them to get rid of it.
        
             | ineptech wrote:
             | > Tech giants aren't going to encourage you to own your
             | data and hardware by spending effort on supporting it
             | 
             | On the contrary, it would make a lot of sense for Amazon to
             | work on open source self-hosted server apps, because they
             | would seem to be the answer to the question, "Why would a
             | non-techy want a cloud VM." Surely their PMs must day-dream
             | about a future in which a cloud VM is as common a monthly
             | fee for a middle-class family as a gym membership or
             | netflix subscription, right?
        
               | ineptech wrote:
               | Fake edit to add: there's a startup devoted to solving
               | this problem with a novel OS intended to be a good
               | platform for server-side apps, and since they appear
               | unlikely to get traction I would be very happy to hear
               | that Amazon is forking or duplicating it, just because I
               | so badly want to be a user of such a product.
        
         | nemothekid wrote:
         | > _I think this article points to a missing product in the
         | market - integrated cloud services but with the cloud located
         | on a private server in the home._
         | 
         | I don't know, this sounds like a technical solution to what is
         | a political problem. Gmail, today, already scans your email for
         | ads; what if congress decides that they started doing CSAM on
         | your emails? How feasible is it for everyone to host their own
         | email in that situation?
         | 
         | This also echoes the controversy with CSAM scanning in iCloud.
         | There is no clear national consensus if the government should
         | be allowed to invade your privacy when it comes to child abuse.
         | Ironically, terrorists seem to have better privacy protections
         | than a pedophile.
         | 
         | Personally I don't think CSAM scanning of your private data
         | should exist, much like I think everyone should be afforded
         | E2EE communication even if they might break the law with it.
         | Whether we allow our privacy to be invaded in such a manner is
         | a political/regulatory problem. A "private cloud" doesn't help
         | if congress decides that comcast should also be allowed to MITM
         | your SSL connection to scan every image you donwload.
        
           | Wowfunhappy wrote:
           | > A "private cloud" doesn't help if congress decides that
           | comcast should also be allowed to MITM your SSL connection to
           | scan every image you donwload.
           | 
           | Not to be overly pedantic, but I don't think this is true on
           | a technical level? Any "private cloud" worth its salt would
           | presumably use its own E2E encryption, with keys known only
           | to the owner.
           | 
           | The government could _force_ the private cloud vendor to
           | build a back door, but that 's kicking things up a notch. The
           | vendor could also decide to build a back door on their own, I
           | suppose... which is another reason people in this market tend
           | to want open source.
        
             | nemothekid wrote:
             | Yes, a private cloud should be able to do it; I don't want
             | to imply that it is impossible to build such a solution.
        
           | justinwp wrote:
           | > Gmail, today, already scans your email for ads;
           | 
           | https://support.google.com/mail/answer/6603
           | 
           | > The process of selecting and showing personalized ads in
           | Gmail is fully automated. These ads are shown to you based on
           | your online activity while you're signed into Google. We will
           | not scan or read your Gmail messages to show you ads.
        
             | hertzrat wrote:
             | Notice is says "for ads," and not in general to profile you
             | or train ai systems
        
             | sib wrote:
             | Although it's a fair mistake; Google used to do this.
             | 
             | Here is an except from my "welcome to Gmail" message, from
             | Google, from June 2004:
             | 
             | "You may also have noticed some text ads or related links
             | to the right of this message. They're placed there in the
             | same way that ads are placed alongside Google search
             | results and, through our AdSense program, on content pages
             | across the web. The matching of ads to content in your
             | Gmail messages is performed entirely by computers; never by
             | people. Because the ads and links are matched to
             | information that is of interest to you, we hope you'll find
             | them relevant and useful."
        
           | pdonis wrote:
           | _> A  "private cloud" doesn't help if congress decides that
           | comcast should also be allowed to MITM your SSL connection to
           | scan every image you donwload._
           | 
           | It also doesn't help if you send the image in an email to a
           | third party that doesn't share encryption keys with you.
           | Which is going to be the case for situations like the one
           | described in this article unless your "private cloud" expands
           | to include all your health care providers--not to mention
           | your bank, your insurance company, etc., etc. Which of course
           | it won't; all of those third parties are not going to care
           | what your private cloud setup is; they're going to use
           | whatever all the other large companies use.
        
         | verisimi wrote:
         | > I think this article points to a missing product in the
         | market - integrated cloud services but with the cloud located
         | on a private server in the home
         | 
         | Absolutely. But who's going to sell it to the masses? Most
         | people don't care, as they haven't been told to - no one has
         | sold it to them.
         | 
         | And who is going to explain about the erosion of privacy? Would
         | that be Google, the government? Why, when both are
         | beneficiaries of the existing system (ie making money for
         | google, increasing control and monitoring for govts)? This is a
         | market that is studiously ignored as it is in no one's
         | interests!
         | 
         | Do you remember when Google piled into rss only to try its best
         | to then kill it? When data is your business, it makes no sense
         | to cut yourself out of the intermediation.
        
         | tempodox wrote:
         | I guess the three-letter agencies would be severely
         | disappointed if that happened, at a minimum.
        
         | gernb wrote:
         | Apple is never going to do this. Their largest growing source
         | of income is "services" (iCloud, etc...) They make a ton of
         | money charging users for those services
        
       | murphyslab wrote:
       | > the tremendous trade-offs entailed in the indiscriminate
       | scanning of users' cloud data.
       | 
       | It might be helpful to frame any cloud-based scanning of user
       | activity or files as akin to mass-testing in health. While it
       | sounds good in principle, there is always a background rate of
       | false positives. And being incorrectly diagnosed can have
       | negative consequences. There has been a large amount of
       | examination of the consequences of mass-testing for various
       | diseases without indication.
       | 
       | e.g.
       | 
       | COVID testing: https://www.bmj.com/content/373/bmj.n1411/
       | 
       | Herpes: https://www.statnews.com/2017/01/26/flawed-herpes-
       | testing-le...
       | 
       | Genetic testing: https://www.geneticsdigest.com/genetic-testing-
       | potential-con...
        
       | colinsane wrote:
       | the article makes good points, but i don't think the conclusion
       | is obvious. for example, i want the freedom to not interact with
       | Google. a ruling to require Google provide services to every
       | individual might allow for a future corresponding ruling, that
       | individuals must interact with Google (or at least, this becomes
       | the socially acceptable view, which shapes laws later). wiser, i
       | think, would be to prevent any single company from becoming
       | critical to participation in society.
        
         | SpicyLemonZest wrote:
         | I don't think that really solves anything here, because nothing
         | in the story indicates that Google was _critical_ to Mark 's
         | participation in society. He got new contact information and it
         | sounds like he's been able to (with some effort) get all his
         | non-Google accounts switched over. He didn't get fired, or
         | evicted, or land in any legal trouble. He just liked Google's
         | services and enjoyed using them until he was unfairly banned.
        
       | [deleted]
        
       | themacguffinman wrote:
       | If regulation is the answer, I'd hope it is designed with the
       | restraint that Madison had: only guarantee the deepest and most
       | fundamental rights. It should not rule out the ability to use
       | error-prone systems at all, at most it could restrict their use
       | for the most severe consequences like broad account bans. Google
       | can and should be reducing the scope of their automated action.
       | 
       | I think error-prone systems are still necessary today to reduce
       | costs to a tolerable modern level. I'm not inclined to throw out
       | the baby with the bathwater regarding communication costs for the
       | same reason I don't want $300 toasters even if "they don't make
       | 'em like they used to".
       | 
       | A good example is something that Facebook does: they have a
       | blacklist of domains you can't send on Messenger, the message
       | will be instantly blocked when you paste a detected link. From
       | experience, this list is fairly large and very inaccurate, but
       | the false positives for this system are annoying rather than
       | catastrophic because all it does is block a specific message. If
       | you don't like this, then you can use Signal or something, I
       | don't want other people making that choice for me.
        
       | sylware wrote:
       | Isn't google/alphabet a part of the vanguard/blackrock galaxy
       | now?
       | 
       | Aren't blackrock/vanguard making the laws in the US? Like killing
       | the planned obsolescence related bills?
        
         | jjulius wrote:
         | >As company shareholders, BlackRock and Vanguard can vote on
         | behalf of their clients at company shareholder meetings. Both
         | firms also have "investment stewardship" functions, which
         | enables the proxy votes.
         | 
         | >BlackRock's spokesperson said the votes can also be carried
         | out by a portfolio manager - and in some cases at BlackRock,
         | can be carried out by the clients themselves (here).
         | 
         | >BlackRock and Vanguard do not "own" all the biggest
         | corporations in the world. They invest trillions of dollars
         | into leading companies on behalf of their clients, who
         | ultimately own the shares.
         | 
         | https://www.reuters.com/article/factcheck-business-investmen...
        
           | sylware wrote:
           | So blackrock/vanguard can "hide" their "big" investors,
           | depending on the company "invested in", or is this public
           | info?
           | 
           | That said, it is actually blackrock/vanguard ppl on the
           | boards, and often they are the biggest ones, and expecting no
           | steering from them or the "big" investors behind would be...
           | "unexpected".
           | 
           | Their is also the massive debts with the gigantic interests
           | to be paid all along the calendar year. In the case of
           | starbucks, owners of the debts is public info or the web page
           | is incomplete?
           | 
           | That said, now I understand why online non-
           | franchised/licensed starbucks stuff has the aspx file
           | extension.
        
             | jjulius wrote:
             | >... it is actually blackrock/vanguard ppl on the boards...
             | 
             | Citation needed.
        
               | sylware wrote:
               | The 2 other heavily blackrock-ed/vanguard-ed companies
               | are microsoft and apple, then "their" directors would be
               | the current microsoft CEO and the apple guy.
        
       | jrm4 wrote:
       | This is where e.g. much of "free market" rhetoric and e.g.
       | Libertarianism need to take a severe backseat.
       | 
       | Given the reach, it's absolutely time for "government
       | interference." Now, I'm not actually saying that we definitely
       | should shut things down. But we absolutely need to drag Google
       | people into public hearings and such. Google et al have inserted
       | themselves into their lives to an extent that they ought no
       | longer be able to claim "but we're a private company." It's
       | increasingly difficult, if not impossible, to opt out.
       | 
       | Example; I fully intended for my children to not have anything
       | like a Google account until a certain age -- but then the
       | pandemic and remote schooling happened. It is true that with a
       | great deal of pain to teachers et al I could have opted out, but
       | that would have been literally unreasonable, not to mention
       | unsustainable for other people.
        
         | Stupulous wrote:
         | This is tangential, but your opening statement threw me for a
         | loop. As a Libertarian, I've spent a lot of time arguing with
         | people on the left and right who are on the pro-censorship side
         | when it comes to corporations. While it wouldn't surprise me to
         | see a Libertarian take a position against individual liberty on
         | this issue, I have not seen that happen. Your ire may be better
         | directed at the ones in the driver's seat who have the power to
         | address this and refuse to do so rather than the powerless
         | minority who consistently get this right.
        
         | [deleted]
        
         | pdonis wrote:
         | _> This is where e.g. much of  "free market" rhetoric and e.g.
         | Libertarianism need to take a severe backseat._
         | 
         | No, it's where we the people need to understand that rights
         | come with responsibilities. If you want to claim the right to
         | keep your data private, you need to not give it to third
         | parties that you know are not going to honor that. And knowing
         | that is easy when it comes to Google, Facebook, Twitter, etc.,
         | because of the simple rule that if you're not paying for the
         | product, you _are_ the product.
         | 
         | The problem here is not too much free market and
         | libertarianism, but too little. The ultimate reason for this...
         | 
         |  _> It 's increasingly difficult, if not impossible, to opt
         | out._
         | 
         | ...is that the _government_ has inserted itself more and more
         | deeply into our lives, and we have let it. For example, your
         | kids ' schools are beholden to Google because they are run by
         | the government, which is insulated from free market competition
         | and can just punt on providing proper infrastructure. And the
         | reason why Google, Facebook, Twitter, etc. can survive on the
         | ad-supported business model, instead of having to make their
         | users actual paying customers as would be the case in a real
         | free market, is that the government has set things up to favor
         | them. They can get cheap loans to build the massive
         | infrastructure they need because of government monetary policy.
         | They can insulate themselves from any effective legal challenge
         | because of the way the legal system is set up.
        
         | Aunche wrote:
         | > But we absolutely need to drag Google people into public
         | hearings and such
         | 
         | We _have dragged_ Google into public hearings. The problem is
         | that the purpose of these hearings has always been to collect
         | soundbytes rather than to try to define a relationship between
         | internet services, the people, and the government.
        
         | ghiculescu wrote:
         | What should the government do? The article discusses how it is
         | not clear what should be different (other than turning the
         | relevant accounts back on).
         | 
         | It is easy to ask for public hearings but if there's no
         | intended remedy or change they will just be a show trial and
         | nothing will change.
         | 
         | Your example is great, because to me it illustrates my point
         | well. What would you like to have had be different?
        
           | jrm4 wrote:
           | I think good places in the past to look are "warning labels"
           | and/or "common carrier"-like ideas.
           | 
           | Warning labels today, I think means "fixing voluminous EULA
           | crap," which we've done in other fields reasonably well, e.g.
           | the FDA I think is pretty solid here. Simply requiring
           | "readable" terms of services I think would go a long way
           | (though you have to wait a bit for things to shake out.)
           | 
           | The general principles behind "common carrier" type services
           | would also be a good idea to start thinking about; they
           | essentially just say "When your product or service becomes a
           | day-to-day thing for a lot of people, we're going to hold you
           | to certain accessibility rules."
        
         | loudmax wrote:
         | I think I largely agree with you about getting the government
         | involved. But the nature of that involvement is important here.
         | 
         | As I see it the fundamental problem is not that Google isn't
         | behaving as a responsible steward of free speech. The problem
         | is that Google shouldn't have this power to begin with. By law,
         | Google should be allowed to capriciously and arbitrarily shut
         | down a user's account. It's their service, they shouldn't need
         | to provide a justification. But Google shouldn't be in a
         | position where they control so much of the market. There needs
         | to be real competition in this area so users can easily switch
         | to a different provider if they lose faith in Google's
         | reliability. Where the government needs to be involved is in
         | ensuring real choice in a free market, rather than the current
         | duopoly.
         | 
         | Ensuring a free market isn't easy. It's much easier to simply
         | pass a law that says that Google (or a company in a similar
         | position) needs to provide better service or offer users
         | recourse to dispute this sort of service interruption. But
         | that's just putting wallpaper over a crack. We need the
         | government to commit to the hard work of enforcing open
         | standards of interoperability so smaller entrants can get into
         | the market.
        
           | merely-unlikely wrote:
           | I'd like to see a private equity style Competition Authority.
           | The idea being the gov would come into a monopolized market
           | and fund new competitors. I say PE because I'd rather the
           | people profit if successful rather than subsidies but the
           | real point is funding more choice vs only having the power to
           | breakup or constrain existing corporations. Another tool in
           | the toolbox.
        
             | jrm4 wrote:
             | Essentially, though -- this is just "more regulation with
             | extra steps."
             | 
             | Just pass the regulations and competition will likely find
             | a way around it. Honestly, this to me is the biggest blind
             | spot in all of "pro free market capitalism." The good
             | flavor of capitalism is _antifragile,_ You can make
             | competition better precisely by making things HARDER on
             | private companies, not easier. Stuff gets better because
             | the weak die.
        
           | shkkmo wrote:
           | > By law, Google should be allowed to capriciously and
           | arbitrarily shut down a user's account. It's their service,
           | they shouldn't need to provide a justification.
           | 
           | I strongly disagree.
           | 
           | While there should be some level of protection for large
           | companies ability to terminate customers at will, there also
           | need to be consumer protections against unreasonable EULAs
           | and capricious decisions. (Edit: some such protections
           | already exist, so it is a question of if and how we shift the
           | balance between consumer rights and corporate rights. I think
           | as the companies grow larger, more powerful, and more
           | integral to our daily lives, that balance needs to shift
           | further towards consumer rights given the power imbalance.)
           | 
           | When companies sell us digital goods and become integral
           | parts of our digital lives, there arises a need to balance
           | their rights of free association against the rights of their
           | users to due process.
           | 
           | That is not to say that simply mandating a fair dispute
           | resolution system is a sufficient solution, but it is a
           | necessary step.
           | 
           | I think mandating data portability and maybe even
           | interoperability is also necessary (though an
           | interoperability mandate seems tricky to do well.)
        
             | pdonis wrote:
             | _> When companies sell us digital goods_
             | 
             | Google is not selling you any digital goods. They provide
             | services like GMail for free to people. That is a big part
             | of the problem: users are not paying customers and so have
             | no leverage, as they would in a proper customer
             | relationship. Instead, users are the product, and the
             | actual paying customers have all the leverage in
             | determining how the product is treated.
        
           | horsawlarway wrote:
           | I think this is roughly my stance as well.
           | 
           | If we've allowed Google (and a few other select tech
           | companies) the privilege of becoming de-facto monopolies in
           | their space (and I believe we absolutely have, often
           | intentionally as government policy in the international
           | space) then they should be bound by the same rules that the
           | government is.
           | 
           | I think this is even more obvious when you consider how some
           | of these companies creep into government processes.
           | 
           | Ex: Google classroom is estimated to be in use in more than
           | 60,000 schools across the US. This means that a Google
           | account is required for all students in these schools (opt-
           | outs exist, but are impractical, hard to enforce, and often
           | cause you to be labeled as troublesome by teachers and
           | staff).
           | 
           | If my child attends a public school that is using Google
           | software and requiring a Google account - The government damn
           | well is involved, and I expect the government to require the
           | same rights & due process for a Google account as they do for
           | other governmental actions.
        
       | ghiculescu wrote:
       | It seems like the simplest solution here would be to not ban
       | accounts automatically for CSAM detections, but to have a process
       | to do so based on police recommendation.
       | 
       | Clearly Google already has a process to escalate detection to the
       | police so banning the account based on what happens there doesn't
       | seem like a big leap.
        
         | notriddle wrote:
         | > It seems like the simplest solution here would be to not ban
         | accounts automatically for CSAM detections, but to have a
         | process to do so based on police recommendation.
         | 
         | The police aren't going to recommend a ban. They don't want
         | people banned. They want people arrested, tried, and convicted
         | for criminal possession. They're going to recommend keeping the
         | account open until they have enough evidence to take it to
         | court.
        
           | dcow wrote:
           | Which seems completely fine. If the person is being
           | investigated and they are continuing to commit abuses, the
           | police will immediately arrest them and have evidence to bear
           | increasing the odds that society locks the person up prompty.
           | If the suspect is in custody, what does the status of their
           | account matter? The point is that the account ultimately gets
           | closed and the data purged if the suspect is found guilty, so
           | what benefit is there to anybody in being delete-happy?
        
       | bcatanzaro wrote:
       | We need to regulate Google and require it to have a transparent
       | appeals process.
        
         | tinalumfoil wrote:
         | I don't think Google's doing this out of a deep concern for
         | CSAM and hatred for due process, but I think it's in fact the
         | law itself that essentially requires corporations to have these
         | trigger bans otherwise they'd face liability.
         | 
         | Think about Google's alternatives here.
         | 
         | They could (1) not have CSAM filters -- your data is private no
         | need for Google to scan anything -- in which case people would
         | use their platform to distribute illegal content and they'd be
         | a nice target to get massive damages from.
         | 
         | Or (2) give people due process, rights, appeals, etc despite
         | not having any of the tools of a court of law, it's even
         | illegal for them to look at the evidence, and if they make the
         | wrong decision _or_ they make the right decision too late they
         | 're still liable for their platform being used for illegal
         | activity. Keep in mind the only way to truly know if material
         | is sexually explicit is to show it to Potter Stewart. He'll
         | know it when he sees it.
         | 
         | Or (3) be proactive in building systems that detect illegal use
         | of their platform and aggressively, without process or appeal,
         | remove any user of the platform the moment you have any
         | evidence at all they are engaged in this activity.
         | 
         | Because people will try to use Google's platform for illegal
         | activity and Google knows this, (3) is not only the only
         | sensible option but it's actually the only legal option. It
         | would, in effect, be _illegal_ for Google to do anything other
         | than scanning all your files and aggressively ban people.
        
           | treis wrote:
           | >use their platform to distribute
           | 
           | I'm not a fan of this phrasing because it absolves Google of
           | responsibility. If the CSAM is on a Google server then Google
           | is possessing and distributing CSAM. You can say they're
           | doing it unwittingly or unintentionally but that doesn't
           | change the fact that they're doing it.
        
       | josephcsible wrote:
       | > how big the number of false positives would have to be to shut
       | the whole thing down?
       | 
       | Since it seems that false positives are uncorrectable (given that
       | even a New York Times article hasn't gotten this one fixed), and
       | the consequences of one are thus life-destroying, even a single
       | false positive should mean shutting the whole thing down.
        
         | sulam wrote:
         | So, Google, Apple, Twitter, Facebook, etc should all shut down
         | their scanning for CSAM? Do you realize the outcry this would
         | produce?
         | 
         | Google is not unique here, nor does it have unique power. This
         | story would be just as plausible, and difficult, if the company
         | in question were Facebook or Apple.
         | 
         | Once a system exists to scan for this material, it's quite easy
         | to argue that shutting it off would be immoral and potentially
         | criminal. "You had the means to identify abused children and
         | help them, but you turned it off because you couldn't work out
         | a reasonable policy to deal with the false positives? Try
         | harder, people."
         | 
         | (Note that I do not speak for my employer here.)
        
           | Semaphor wrote:
           | > So, Google, Apple, Twitter, Facebook, etc should all shut
           | down their scanning for CSAM?
           | 
           | What they should shut down, is their irrevocable deletion of
           | accounts. When the false positives trigger nuclear bombs,
           | then yes, a single false positive is too much.
           | 
           | As far as I know, only Google does this, so everyone else can
           | keep scanning in this argument.
        
           | count wrote:
           | Shutting down this new type of scanning is not the same as no
           | longer scanning for CSAM.
           | 
           | It's curious how the big providers have been scanning for
           | CSAM for YEARS with nothing making the news...because hashes
           | are much different and don't false positive like this.
        
           | josephcsible wrote:
           | It's immoral _not_ to violate everyone 's privacy, because
           | some people are criminals?
        
           | karaterobot wrote:
           | The process that has led to our phones scanning everything we
           | do and condemning us in an opaque extrajudicial process began
           | with much smaller violations of privacy and trust -- analysis
           | of our emails, tracking our movement with cookies, and so on.
           | When these practices were introduced, some people complained,
           | saying they were part of a motion that could only ratchet in
           | one direction: toward ubiquitous surveillance and corporate
           | control over more and more of our lives.
           | 
           | Cut to just a few years later, and here we are: "shutting it
           | off would be immoral and potentially criminal". We can't go
           | back! So, that clicking sound you hear is the ratchet
           | turning.
        
         | tomrod wrote:
         | I disagree. The value Google and similar web services brings is
         | enormous. That said, there should be people in the loop who are
         | trained and authorized to work around the operational systems.
         | This is the cost of doing business.
        
           | josephcsible wrote:
           | I don't mean shutting down all of Google. I mean shutting
           | down the whole automatic image scanning and account banning
           | system.
        
         | ajross wrote:
         | That logic seems to go both ways, though. Actual child abuse
         | is, surely, even more "life-destroying", right? So wouldn't it
         | make more sense to tolerate any number of false positives if we
         | can save just one kid?
         | 
         | I'm always amazed at the number of people who come to a
         | complicated nuanced issue like this, accuse one side of having
         | implemented an absolutist and inflexible dystopian monster, and
         | then promptly demand an equally absolutist solution.
         | 
         | The libertarian answer might well be that we need to tolerate
         | CSAM in the interests of free speech, but that's not the sense
         | of the society we live in, nor of the laws it has passed. All
         | paths must be middle paths.
        
         | dont__panic wrote:
         | It is interesting to me that CSAM is used as justification for
         | such heavy-handed consequences and widespread surveillance.
         | People use the internet to do all kinds of awful things, plenty
         | of them crimes, plenty of those crimes being violent or
         | personal property crimes. Murder, robbery, burglary, etc.
         | 
         | Obviously CSAM is vile and not something your average citizen
         | condones. But so are those other crimes. I suppose children
         | "pull on the heartstrings" more than your average victim, but
         | children are also the victims of those other crimes. Why
         | haven't we started surveilling personal messages to detect
         | criminal planning in advance? Because more people understand
         | the nasty implications of the government reading your messages,
         | but few understand the implications of machine learning
         | "detecting" CSAM in your Google Drive or Photos?
        
           | matthewdgreen wrote:
           | In the UK they also search for "terrorism related content"
           | and other types of criminal media. While this isn't required
           | in the US (and neither is CSAM scanning) part of the impetus
           | for building these systems is to satisfy non-US governments
           | that don't have the same constitutional protections that the
           | US does. US law enforcement officials routinely join with
           | their non-US counterparts in urging/pressuring US firms to
           | implement these systems, knowing that once they're built
           | (non-voluntarily) for non-US compliance they will likely be
           | turned on ("voluntarily") for US customers as well.
           | 
           | See e.g. this open letter to Facebook authored by US AG Barr
           | and counterparts from the UK and Australia.
           | https://www.justice.gov/opa/pr/attorney-general-barr-
           | signs-l...
        
           | vineyardmike wrote:
           | Your broader point stands, but in the US at least "pre crime"
           | monitoring or police intervention is a massive can of illegal
           | worms.
           | 
           | The planning of a crime can be illegal itself, eg "conspiracy
           | to commit murder" is illegal, but generally it's fraught with
           | existing legal minefields.
        
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