Latest / Ctrl-Alt-Speech / The TAKE IT DOWN Takedown
Transcript
- 0:00Ben Whitelaw: So Mike, we've got an episode today about open protocols.
- 0:02Ben Whitelaw: It's a, a theme that runs through today's control alt speech.
- 0:05Ben Whitelaw: So I thought I'd start today with a user prompt from Surf, which is an app from the creators of Flipboard, which uses the AT protocol.
- 0:15Ben Whitelaw: we'll talk more bit about it in the intro, but the way that, surf gets you to engage on its app is to ask you to search the social web.
- 0:24Ben Whitelaw: So I want you to, I want you to search verbally, search the social web.
- 0:30Mike Masnick: Verbally search the social web, huh?
- 0:32Mike Masnick: Okay.
- 0:33Mike Masnick: Okay.
- 0:33Mike Masnick: well, I, I will say that this has been a, good week for the social web, as I discovered at South by Southwest, with a bunch of conversations, including with the creator of Surf, and also with the CEO of Blue Sky.
- 0:48Mike Masnick: So we.
- 0:49Mike Masnick: There's a lot going on in the social web, and we'll talk about some of it in a moment, but what about you?
- 0:54Mike Masnick: If you were to search the social web, what would you be finding?
- 0:57Ben Whitelaw: well I've made the mistake of going into one of my social apps and looking at what things I'd searched for recently.
- 1:04Ben Whitelaw: always a dangerous thing.
- 1:05Ben Whitelaw: And I found Zero Day, which is a Netflix, series about cyber hacking, which I dunno if you have seen Very good.
- 1:13Ben Whitelaw: I was looking for some reactions to it because I really enjoyed it.
- 1:17Ben Whitelaw: Stars, Robert De Niro and, quite present in terms of the US government situation.
- 1:21Ben Whitelaw: So, tried to kind of see what reactions there were to it.
- 1:24Mike Masnick: I was gonna say, I was wondering you're searching for zero day, that that's, you know, usually for hacks, so I was wondering if you were turning into a bit of a hacker, Ben.
- 1:31Ben Whitelaw: yeah, no comment, no comment.
- 1:43Ben Whitelaw: Hello, and welcome to the 50th episode of Control Alt Speech, your weekly roundup of the major stories about online speech, content moderation, and internet regulation.
- 1:52Ben Whitelaw: It's March the 13th, 2025, and this week's episode is brought to you with financial support from the future of online Trust and safety fund.
- 1:59Ben Whitelaw: And from our sponsor today, resolver, the leading provider of risk intelligence and advisory services.
- 2:04Ben Whitelaw: This week we're talking about a whole range of topics, including decentralized social media.
- 2:09Ben Whitelaw: User appeals and a big new book that's dropped about meta.
- 2:14Ben Whitelaw: My name is Ben Whitelaw and I'm the founder and editor of Everything Moderation, and I'm joined by, a recently traveled Mike Masnick, who is, who is just back from South by Southwest.
- 2:22Mike Masnick: a not yet recovered.
- 2:26Mike Masnick: Mike Masnick, south by Southwest, is always absolutely exhausting.
- 2:29Mike Masnick: It is impossible to find time to sleep as far as I can tell in the few times I've been, uh, and this was no exception.
- 2:36Ben Whitelaw: I've not got a chance to go.
- 2:38Ben Whitelaw: Mike, tell us a bit about what it's like, and what your experience was this time round.
- 2:42Mike Masnick: Uh, it's hard to, hard to describe.
- 2:44Mike Masnick: There's a, there's, you know, a ton of people, a ton of things going on all at once.
- 2:49Mike Masnick: The city, gets completely overwhelmed.
- 2:51Mike Masnick: there will be very, very long lines for barbecue, but it is worth it because the barbecue is always excellent.
- 2:57Mike Masnick: there's always a lot of really smart people around, a lot of wonderful people to talk to.
- 3:00Mike Masnick: It's impossible to get anywhere in any amount of reasonable time.
- 3:04Mike Masnick: You'll miss half the things that you think you want to go see.
- 3:06Mike Masnick: but yeah, it's, you know, it's a time.
- 3:09Ben Whitelaw: Yeah, just, just like all good conferences, you don't see enough and, and you eat and you eat too much.
- 3:15Mike Masnick: Yeah, yeah.
- 3:16Mike Masnick: No, it's, it's pretty intense.
- 3:17Mike Masnick: But you know, the, the really good thing about South By is that there are always a ton of really good and really smart people.
- 3:23Mike Masnick: and you can be walking down the street and as happened to me on Monday morning, I was walking down the street and not paying attention, and all of a sudden Corey Ero grabs me and it's just like, Mike.
- 3:33Mike Masnick: So, so you have moments like that,
- 3:35Ben Whitelaw: Nice.
- 3:36Mike Masnick: which was fun.
- 3:38Mike Masnick: Um.
- 3:38Mike Masnick: But yeah, it's, there's a ton of smart people.
- 3:40Mike Masnick: I had so many great conversations.
- 3:42Mike Masnick: I met, met a bunch of really smart people, got to hang out with a bunch of old friends I hadn't seen in a while.
- 3:48Mike Masnick: and a lot of catching up, a lot of talking, a lot of good idea sharing.
- 3:51Mike Masnick: Um, really, really, you know, it's always sort of mind stimulating.
- 3:54Ben Whitelaw: Yeah.
- 3:55Ben Whitelaw: And you, managed to squeeze in an interview with the, the CEO of Blue Sky Jay grabber.
- 4:01Ben Whitelaw: Um, you know, ding, ding, ding.
- 4:03Mike Masnick: Ding, ding, ding.
- 4:04Ben Whitelaw: Mike's on the, on the board of Blue Sky.
- 4:06Ben Whitelaw: We must, we must declare, yeah.
- 4:08Ben Whitelaw: I dunno if you declared that in the interview.
- 4:10Ben Whitelaw: I dunno if it was just in the version I saw
- 4:12Mike Masnick: yeah, I mean, there wasn't, I didn't have an opportunity.
- 4:15Mike Masnick: I don't know, I don't know if the intro, the CEO of South by, did the intro.
- 4:20Mike Masnick: I don't even remember if they, said that or not.
- 4:22Mike Masnick: Uh, it's a good point.
- 4:23Mike Masnick: Um, but yeah, I mean, Jay was the, the main attraction.
- 4:28Mike Masnick: My role was just to throw some questions at her,
- 4:32Ben Whitelaw: Yeah.
- 4:33Mike Masnick: but it was a fun interview.
- 4:34Mike Masnick: It was on the main stage.
- 4:35Mike Masnick: it seemed to be really popular.
- 4:36Mike Masnick: Apparently there was a really long line to get in.
- 4:38Mike Masnick: we got a lot of really good feedback from it.
- 4:40Mike Masnick: People really interested in what she had to say.
- 4:42Mike Masnick: the video of it is online on YouTube.
- 4:44Mike Masnick: Um, if folks wanna see it.
- 4:45Mike Masnick: I think it was a really detailed exploration of Blue Sky, what it's trying to do and why it's different than other.
- 4:52Mike Masnick: Social apps out there.
- 4:53Ben Whitelaw: Yeah, she does a, a really good job of kind of unpacking some of the particularly moderation, features that users can, can use to kind of customize their experience.
- 5:02Ben Whitelaw: she uses the phrase, kind of choose your own adventure, which I think is a nice summation of, how the, direction in which platforms are moving, I would say, and, and obviously what makes Blue sky really interesting.
- 5:12Ben Whitelaw: and she has a great t-shirt on, which attracted a all of attention.
- 5:15Mike Masnick: That was the news story.
- 5:16Mike Masnick: Yeah, that that was the one that broke the news.
- 5:19Ben Whitelaw: Yeah, she, for those who didn't see, she was wearing a t-shirt that looked very similar to one that Mark Zuckerberg had worn before.
- 5:24Ben Whitelaw: but hers said, a world without Caesars.
- 5:27Mike Masnick: In Latin.
- 5:28Ben Whitelaw: in Latin.
- 5:29Mike Masnick: right?
- 5:29Mike Masnick: Because the, the original it was, uh, mark Zuckerberg apparently designed his own t-shirt.
- 5:34Mike Masnick: It wasn't just that he wore his t-shirt and his t-shirt was a play on a, a Caesar, statement also in Latin, which the original was basically it.
- 5:43Mike Masnick: Effectively it's Caesar or no one.
- 5:45Mike Masnick: Basically, I am your king.
- 5:47Mike Masnick: and so Zuck was, it's Zucker, no one, uh, in Latin, which is also again, sort of saying, Zuckerberg saying, I am your king.
- 5:56Mike Masnick: And so, yes, Jay's t-shirt looked exactly the same, had Latin phrasing in the same font, except saying A world without Caesars.
- 6:04Mike Masnick: It's fairly clever.
- 6:05Ben Whitelaw: very clever.
- 6:06Ben Whitelaw: Very clever, nice to be saying something without saying something at all.
- 6:10Mike Masnick: Yes.
- 6:11Mike Masnick: Yes.
- 6:11Mike Masnick: I think, one of the media outlets said something along the lines of, it was shit posting on stage.
- 6:17Mike Masnick: Without saying anything,
- 6:19Ben Whitelaw: Yeah,
- 6:20Mike Masnick: there's now tremendous demand for that t-shirt, and I believe that Blue sky is planning to sell the T-shirt.
- 6:25Ben Whitelaw: Ah, okay.
- 6:27Ben Whitelaw: Okay.
- 6:27Ben Whitelaw: Yeah, I'll get my order in.
- 6:29Ben Whitelaw: one question I had around, one of the things she said was around about the kind of billionaire proof.
- 6:34Ben Whitelaw: An element of blue sky and, and how the nature of it running on, on the protocol means that it's less likely to be bought by a billionaire.
- 6:42Ben Whitelaw: I've seen a kind of bit of discussion about that afterwards.
- 6:45Ben Whitelaw: from your point of view, do you really think that, a site like Blue Sky is exempt from being taken over by an Elon Musk type figure?
- 6:52Mike Masnick: Yeah, it's a good question.
- 6:53Mike Masnick: I mean, I have been using the term, billionaire resistant rather than billionaire proof,
- 6:59Ben Whitelaw: Yeah.
- 7:00Mike Masnick: and I will stand by that.
- 7:01Mike Masnick: Uh, so, you know, the argument is that.
- 7:06Mike Masnick: as Jay made clear, the nature of everything being open and replicable and people are trying right now to replicate different aspects, all different aspects of the blue sky at Protocol Stack, we're seeing more and more of that happen every day and there's more coming and the companies extremely excited about that, unlike most companies where it's like other people trying to copy what you're doing and, and.
- 7:26Mike Masnick: take your users and all that.
- 7:28Mike Masnick: Blue sky is very, very supportive of that.
- 7:30Mike Masnick: but part of that is I've referred to also as like the technological poison pill.
- 7:35Ben Whitelaw: Mm-hmm.
- 7:36Mike Masnick: Which is that if Blue Sky, the company does anything bad, and again, ding, ding, ding, you know, just repeating, I'm on the board.
- 7:43Mike Masnick: But, if they do anything bad or horrible, if I turn out to be a horrible board member and direct them to, not that I have the full power to do that, but you know, tell them do these bad, horrible things that will be bad for your users.
- 7:55Mike Masnick: It is set up so that users can exit other people can build everything.
- 8:00Mike Masnick: You can bring your users, you can bring your content, and Blue Sky will have no control over it.
- 8:04Mike Masnick: Therefore, that gives the company itself incentive not to do those bad awful things.
- 8:09Mike Masnick: I think the example Jay used was inserting ads between every post.
- 8:12Mike Masnick: but that also makes it less.
- 8:15Mike Masnick: Attractive for a billionaire to come in and take it over, because if they do, then that same thing happens, right?
- 8:20Mike Masnick: So if an Elon comes in and takes it over, rather than everybody having to go reform somewhere else, you can just very quickly.
- 8:27Mike Masnick: Move to a different platform and bring all your content with you and bring all your followers with you, which we couldn't do when Elon took over Twitter.
- 8:34Mike Masnick: So it's, it's resistant, but I mean, there's always a risk that, a, a billionaire could do something bad or that the company itself could do something bad, but it, it's designed to make that less likely to align the incentives better with the users.
- 8:47Ben Whitelaw: Yeah, I will say that Jay is, is a very good, speaker on these topics.
- 8:51Ben Whitelaw: She does a, great job of kind of explaining blue sky for those who maybe aren't as, clear on what it is and what it's built on.
- 8:57Ben Whitelaw: And also I came away from it just being pretty hopeful about the future of social media generally, which is something that hasn't happened for a while, Mike.
- 9:03Ben Whitelaw: So congratulations to you and you and Jay for inspiring a bit of hope in, uh, at this time.
- 9:08Ben Whitelaw: couple of things to mention.
- 9:10Ben Whitelaw: a few bits of admin.
- 9:11Ben Whitelaw: You know, we've got a couple of projects that we're working on outside of control alt speech that are worth mentioning.
- 9:16Ben Whitelaw: You've got a new podcast, you mentioned it a couple of weeks back, about section two 30.
- 9:20Ben Whitelaw: I've got some bad news.
- 9:22Ben Whitelaw: you were referred to as a veteran journalist
- 9:26Mike Masnick: Oh,
- 9:27Ben Whitelaw: in, in the promotion of this podcast.
- 9:29Ben Whitelaw: Uh, and then I just wanted to flag it to you.
- 9:32Ben Whitelaw: Uh.
- 9:34Ben Whitelaw: think it's unfair
- 9:36Mike Masnick: Yeah.
- 9:37Ben Whitelaw: experience maybe, but
- 9:38Mike Masnick: Yeah, veteran man.
- 9:40Mike Masnick: Take me out back and shoot me.
- 9:42Mike Masnick: This is, is bad.
- 9:44Mike Masnick: But yeah, the new podcast series, it's a limited series.
- 9:46Mike Masnick: I, I forget, I honestly forget how many episodes.
- 9:49Mike Masnick: it is, it's either six or seven, I think.
- 9:51Mike Masnick: it's called Otherwise Objectionable Available wherever you get podcasts.
- 9:55Mike Masnick: Um, but the first episode is out now.
- 9:57Mike Masnick: and it, it's a documentary style podcast.
- 9:59Mike Masnick: It's not, it's not this nonsense.
- 10:01Mike Masnick: Ben, where, where, where I just chat randomly.
- 10:05Mike Masnick: I'm really impressed with the production team and kind of what they've done.
- 10:09Mike Masnick: They're amazing interviews in there.
- 10:10Mike Masnick: In the first episode we have Jeff Kassoff and Eric Goldman and Jessica Ian, and a bunch of other sort of tech policy experts.
- 10:19Mike Masnick: coming up soon, we have.
- 10:20Mike Masnick: Both of the co-authors of Section two 30.
- 10:23Mike Masnick: We have the lawyers who were involved in a bunch of the early cases.
- 10:26Mike Masnick: It's a really, really fun podcast.
- 10:27Mike Masnick: I'm, I'm very excited and happy that it's out, out in the world.
- 10:30Ben Whitelaw: Nice.
- 10:31Ben Whitelaw: I've heard rumors that it's gonna be as big as cereal.
- 10:33Ben Whitelaw: Um, that's, that's, that's what I'm hearing on o on the podcast
- 10:38Mike Masnick: some somebody was telling, somebody was telling me that, yeah, we need to add a murder somewhere in it.
- 10:43Ben Whitelaw: I mean, some will claim that that's what is about to happen to section
- 10:46Mike Masnick: Yeah.
- 10:46Mike Masnick: Seriously.
- 10:48Ben Whitelaw: um, and from my side, you might have heard that I did a, an event with a couple of great newsletter creators in January, an event we called marked as urgent.
- 10:56Ben Whitelaw: And we're doing another one of those in London at the end of March or in a couple of weeks time.
- 11:00Ben Whitelaw: if folks are in London, uh.
- 11:02Ben Whitelaw: And there's a big trust and safety conference going on do come along.
- 11:05Ben Whitelaw: We'll include details in, the show notes and also in tomorrow's everything moderation.
- 11:12Ben Whitelaw: And then, yeah, basically my, we, we'll run into today's stories At the end of today, we've got a great bonus chat, with, a great, company called Resolver.
- 11:20Ben Whitelaw: many controller speech listeners will know that next week is the annual Game Developers conference, and there's a lot of interest in player safety at the conference as, you'd expect.
- 11:31Ben Whitelaw: We are gonna talk to Carly Chadwick, who's, the head of platform trust and safety delivery.
- 11:37Ben Whitelaw: Some of the trends that she's seeing in the gaming space at the moment.
- 11:40Ben Whitelaw: if you listen in, you'll see me gently, but firmly being put in my place about a couple of things, which, which is worth listening to.
- 11:48Ben Whitelaw: so.
- 11:49Mike Masnick: I don't put you in your place enough.
- 11:50Mike Masnick: Is that what?
- 11:51Mike Masnick: Is that what I.
- 11:52Ben Whitelaw: It wasn't a request, Mike, it wasn't a request.
- 11:56Ben Whitelaw: obviously I wasn't here last week, Mike, but I did listen into the podcast and you talked a lot about the risk that the current US administration poses from an internet safety perspective.
- 12:05Ben Whitelaw: That's where we're gonna start today's summary of stories and, you're gonna take us through a piece that is published on the Verge about the Take It Down Act and some of the threats that that poses.
- 12:15Mike Masnick: Yeah, so the Take It Down Act is, it's this bill, it came out last year.
- 12:20Mike Masnick: it almost got pushed into, into the final, you know, must pass funding bill at the end of last year.
- 12:25Mike Masnick: And then at the, basically at the very end, it was stripped out of it.
- 12:28Mike Masnick: it is one of these laws, like many of the, internet regulation.
- 12:32Mike Masnick: Laws that on its face, if you just sort of read what it's about, you're like, yeah, that makes sense.
- 12:37Mike Masnick: We should absolutely do that.
- 12:38Mike Masnick: And then when you get into the details you realize, oh wait, no, this would be really bad.
- 12:41Mike Masnick: We shouldn't do that.
- 12:42Mike Masnick: And so it's one of those, those complicated things.
- 12:45Mike Masnick: The issue that it is about is.
- 12:47Mike Masnick: what is commonly referred to within the, the space is NCII or non-consensual intimate imagery.
- 12:54Mike Masnick: the thing that used to be referred to as revenge porn, before people realize that's, that's a horrible name for it.
- 13:00Mike Masnick: but it's, you know, Generally, intimate imagery of someone who not want that shared, that is a real problem and it has been a real problem on the internet for a very long time.
- 13:09Mike Masnick: that kind of content is often weaponized and it is often, creates real problems for people.
- 13:14Mike Masnick: And we've, talked about it,
- 13:15Ben Whitelaw: Yeah, two weeks ago, breeze Lou, the profile in Wired.
- 13:18Ben Whitelaw: Yeah.
- 13:19Ben Whitelaw: Really, really tough stuff.
- 13:20Ben Whitelaw: Yeah.
- 13:20Mike Masnick: Exactly.
- 13:21Mike Masnick: and so even at the end of that story, we, I think we had mentioned that, she was pushing for the Take It Down act because she wanted, legal support for this, what's happened in the last few weeks, which has made the law, I.
- 13:33Mike Masnick: Get a lot more attention is one that it passed the Senate through unanimous consent, which means they didn't even have a vote.
- 13:38Mike Masnick: Somebody just mentioned like, is anyone gonna protest this?
- 13:41Mike Masnick: And nobody, none of the senators stood up to protest for it.
- 13:44Mike Masnick: So it is passed the Senate and is in the house.
- 13:47Mike Masnick: Mike Johnson, who is the speaker of the house, who has basically control over what will move, has said that he is interested in moving this bill.
- 13:54Mike Masnick: So it sounds like that is likely.
- 13:56Mike Masnick: the first lady, Melania Trump.
- 13:58Mike Masnick: has been promoting the bill as well, and then in the state of the union or the joint address to Congress, last week or I.
- 14:05Mike Masnick: Was it last week?
- 14:06Mike Masnick: Time makes no sense anymore.
- 14:08Mike Masnick: Um, I think it was last week.
- 14:09Mike Masnick: Donald Trump also promoted it as one of the things that he was pushing for though, as he is known to do.
- 14:15Mike Masnick: He says the thing that he's supposed to say on the teleprompter, and then he goes a little bit off script.
- 14:19Mike Masnick: So in this case, he talked about it and then he went off script immediately and said that he intended to use this law to take down content because nobody has had a more.
- 14:30Mike Masnick: Unfair experience online.
- 14:31Mike Masnick: Nobody in the world, Ben, has been treated more unfairly online than Donald Trump.
- 14:37Ben Whitelaw: I agree.
- 14:38Mike Masnick: Yeah.
- 14:38Mike Masnick: Well anyways, uh, I wrote something about that where I was looking at it and saying like, well, here we have the president of the United States admitting outright that he plans to abuse this law, to take down content that he feels is unfair to him.
- 14:51Mike Masnick: That should be a sign.
- 14:53Mike Masnick: That the law is not properly written in a way that avoids abuse, and that is the major problem.
- 14:58Mike Masnick: And that is the point that is raised in this really wonderful piece in the Verge by, Addie Robertson, saying that the take down act isn't a law, it's a weapon.
- 15:06Mike Masnick: It is a weaponized bill that can be easily used, be easily abused by any particular government.
- 15:14Mike Masnick: By people who want to take content offline.
- 15:16Mike Masnick: it doesn't have safeguards built into it.
- 15:19Mike Masnick: There are similar laws.
- 15:20Mike Masnick: I mean, the most, striking similarity that a lot of people refer to is things like, the DMCA in the US copyright context where if you find infringing content on a website, you can notify that website and it's the notice and take down process where, the site.
- 15:36Mike Masnick: If they remove the content upon receiving a notice, they receive immunity or a safe harbor.
- 15:41Mike Masnick: So you can't be sued for infringement if you remove it upon notice.
- 15:45Mike Masnick: It's more involved in that because the DMCA also has, a counter notice option where whoever uploaded the original content, if they are noticed and their content is removed, they can counter notice it, the site can put that content back up.
- 15:58Mike Masnick: And if the copyright holder still feels that it's a problem, they then have, I think it's 10 days, I forget now, to file a lawsuit and the platform remains.
- 16:08Mike Masnick: in a safe harbor.
- 16:09Mike Masnick: So they're protected as long as they follow that notice and take down and counter notice process.
- 16:13Mike Masnick: there is also a provision in the DMCA, which is very poorly written and, rarely effective, which effectively tries to limit, Fake notices, on non infringing material, that is written so poorly that it can almost never be used in an effective way.
- 16:30Mike Masnick: There are a few cases like really on the margins, but mostly it is ineffective and we've seen it.
- 16:35Mike Masnick: We've seen that it has been abused.
- 16:37Mike Masnick: There have been multiple studies on the DMCA and how that DMCA is used to take down content that is not infringing.
- 16:43Mike Masnick: various reports, depending on different platforms have said that somewhere in the range of 50 to 60% of notices, DMCA notices are false notices for non infringing content, which should be kind of.
- 16:56Mike Masnick: That seems like a problem and, that is already concerning.
- 16:59Mike Masnick: Now we move to the Take It Down Act, which is a similar sort of thing, but for NCII, it has none of those already problematic and weak safeguards.
- 17:07Mike Masnick: In the DMCA, there's no counter notice set up.
- 17:10Mike Masnick: There's no punishment for sending false notices.
- 17:13Mike Masnick: And so therefore, it is designed in a manner that, is very much set up for people to use it, to abusively, take content down, and then the enforcement side of it.
- 17:23Mike Masnick: In many ways is left up to the FTC and we right now have an incredibly.
- 17:30Mike Masnick: Biased.
- 17:31Mike Masnick: FTC An FTC, that has made it clear that it wants to use the powers of the FTC to punish certain companies almost entirely on an ideological partisan basis.
- 17:42Mike Masnick: it is, you know, opened an investigation and it is, pretty clear that it is not going to do anything to punish X.
- 17:49Mike Masnick: it's unclear if it will punish meta might depend on how nice Mark Zuckerberg is to the administration, but it might go after other.
- 17:57Mike Masnick: Sort of enemies of the Trump administration.
- 18:00Mike Masnick: So why in the world would anyone support this bill right now?
- 18:05Mike Masnick: I mean, I understand why the sort of MAGA world will, because it is a weapon that they plan to weaponize.
- 18:10Mike Masnick: but the bill is co-sponsored by a Democrat and you have a whole bunch of Democrats who are supporting it because they are reading the summary of the bill and the title of the bill, and they think it's a good bill.
- 18:20Mike Masnick: And so you know, I'm happy that.
- 18:21Mike Masnick: the Verge had this article sort of laying out just really how problematic the bill is, and I still think the fact that Donald Trump himself made it clear that he, you know, I don't think he even understood the bill, but that, his first reaction to seeing what the bill was supposed to do is, is to talk about how he was gonna use it to take down criticism of himself.
- 18:39Mike Masnick: Which should set off alarm bells.
- 18:41Mike Masnick: And so I don't understand why anyone has been supporting this bill, but it, there's a very good chance that it, this bill will become law in the very near future, and then it will likely be widely abused.
- 18:51Ben Whitelaw: and what does that abuse kind of look like?
- 18:53Ben Whitelaw: Do you think, Mike?
- 18:54Ben Whitelaw: what are the potential implications of that, across platforms, that are governed by it?
- 18:59Mike Masnick: I think there's two elements to be aware of.
- 19:01Mike Masnick: I mean, there there's more, but within the time we have, let's do two.
- 19:05Mike Masnick: So the first is just the ability of anyone to, force any kind of content down.
- 19:10Mike Masnick: because you can make these bogus claims and because the risk of, failing to, take down content when you receive a notice is so high.
- 19:17Mike Masnick: platforms will be very quick to take down content.
- 19:19Mike Masnick: and again, like I said, you know, with the DMCA, we've seen that, somewhere 50, 60% of DMCA notices are probably bogus.
- 19:26Mike Masnick: what we've learned is that, there's lots of content.
- 19:29Mike Masnick: I mean, everybody listening to this podcast knows this.
- 19:31Mike Masnick: There's lots of content online that's someone doesn't like, and historically there was no real mechanism to, you could complain, but the only legal mechanism to remove any kind of content.
- 19:42Mike Masnick: Especially in the US was copyright law, and therefore, anytime anyone didn't like any content, they would immediately jump to making a copyright claim because it's just a legal process.
- 19:52Ben Whitelaw: Even if it didn't involve copyright.
- 19:53Mike Masnick: Yes.
- 19:54Mike Masnick: And, and often it had nothing to do with copyright and even like, people would use it for legitimately bad content.
- 19:59Mike Masnick: I mean, I know, I remember there were a bunch of stories about like, people seeing anti-vax content, which is, dangerous, problematic content, but people would file copyright claims on it to try and take it down.
- 20:09Mike Masnick: But then also there was lots of stuff like, we've had DMCA notices filed against our articles a bunch.
- 20:15Mike Masnick: there was this guy who.
- 20:17Mike Masnick: For years, he ran one of the first NCII related sites that people would send in, intimate imagery of, former partners or whoever, and he would post it to his website.
- 20:28Mike Masnick: He got sued and, the FTC cracked down on him and we wrote about all that and he used A-D-M-C-A claim to try and take down our article.
- 20:36Mike Masnick: He also used A-D-M-C-A claim to try and take down the FTC settlement page against him.
- 20:41Mike Masnick: But that's what happens when you have a tool that allows people to take content down.
- 20:44Mike Masnick: They're going to use it, it's a legal tool.
- 20:46Mike Masnick: It looks scary.
- 20:47Mike Masnick: Companies don't wanna take the risk and liability.
- 20:49Mike Masnick: They'll often just take that content down.
- 20:51Mike Masnick: Now, giving them a tool that's even stronger than the DMCA, it's clear that a lot of abuse is gonna happen.
- 20:56Mike Masnick: So that's one side of the abuse.
- 20:58Mike Masnick: The second is what I was describing with the FTC.
- 21:00Mike Masnick: If you have a weaponized FTC that can enforce this law, then they get to pick and choose who they're going to enforce it against.
- 21:07Mike Masnick: And what has been made clear in this administration is that.
- 21:11Mike Masnick: Every enforcement action is only going against, ideological enemies, not any sort of legitimate purpose.
- 21:17Mike Masnick: And therefore it will definitely be weaponized by this administration to go after perceived enemies, all over the place.
- 21:24Mike Masnick: They'll just say that they wouldn't take stuff down.
- 21:26Ben Whitelaw: And what's the likelihood that it doesn't make it through the house?
- 21:28Ben Whitelaw: I mean, is there something done to educate representatives about what could happen if it passes?
- 21:33Mike Masnick: I have no idea.
- 21:34Mike Masnick: I mean, definitely Civil Society has been speaking out about it.
- 21:37Mike Masnick: the Center for Democracy and Technology raised the alarms last year.
- 21:40Mike Masnick: They've been the loudest on it and the most thorough.
- 21:42Mike Masnick: And, they're great.
- 21:43Mike Masnick: They know what they're talking about, and they've been making an effort.
- 21:45Mike Masnick: EFF has recently picked up on it as well and has been talking about it.
- 21:49Mike Masnick: Others have as well.
- 21:50Mike Masnick: but it's a concern.
- 21:52Mike Masnick: the Republicans hold the house.
- 21:53Mike Masnick: it's a very, very narrow margin.
- 21:55Mike Masnick: The last bill that got a lot of attention, like this was obviously cosa.
- 21:59Mike Masnick: and eventually the Repub enough Republicans realized that that could be used for censorship, that they sort of bailed on it.
- 22:05Mike Masnick: that was before they knew that they had the trifecta of, you know, holding the house, the Senate, and the administration.
- 22:12Mike Masnick: Um, which, now they do.
- 22:13Mike Masnick: So maybe they don't mind weaponizing it.
- 22:16Mike Masnick: A lot of them, I don't know if they have the votes.
- 22:18Mike Masnick: The real trick is like making sure that none of the Democrats will vote for it.
- 22:22Mike Masnick: I assume that there is some effort going on on the hill.
- 22:25Mike Masnick: I, I'm not privy to that kind of stuff, but I would hope that Democrats can be taught that this is a bill that will be weaponized by the Trump administration.
- 22:33Mike Masnick: obviously right now there's bigger issues with sort of the funding and the government.
- 22:38Mike Masnick: I.
- 22:38Mike Masnick: That may shut down, even though I still find it funny that the media is still reporting on the, budget, and the, funding bills.
- 22:44Mike Masnick: when we have Elon Musk shutting down the government no matter what happens with Congress, but that's, that's an aside.
- 22:50Mike Masnick: That was last week's discussion.
- 22:52Ben Whitelaw: The same end by a different means.
- 22:54Mike Masnick: Yeah.
- 22:55Mike Masnick: Yeah.
- 22:55Mike Masnick: So, I don't know that it's immediate because right now they're focused on that.
- 22:58Mike Masnick: But in theory, that could be solved today or tomorrow.
- 23:01Mike Masnick: and then they could try and get back to business.
- 23:03Mike Masnick: And I wish that more Democrats realize that it is not business as usual, and a bill like this is not, you know, it's not what it says on the tin.
- 23:11Mike Masnick: And it is very problematic in all sorts of ways.
- 23:14Mike Masnick: And, giving.
- 23:16Mike Masnick: The administration more power to punish websites for, things they don't like, is not something that, that anyone should be doing right now.
- 23:23Ben Whitelaw: Yeah.
- 23:23Ben Whitelaw: Thanks Mike.
- 23:23Ben Whitelaw: That's a really, really helpful overview.
- 23:25Ben Whitelaw: I'm, I'm sure we will come back to this on feature episodes of Controlled Speech.
- 23:28Ben Whitelaw: I'm gonna move us on now to a story that, has been very loudly talked about on a bunch of different news networks this week.
- 23:36Ben Whitelaw: I think the, Take It Act stuff has been kind of probably bubbling under the surface a little bit and likely to erupt.
- 23:41Ben Whitelaw: But this next story is, one that has attracted a lot of attention.
- 23:44Ben Whitelaw: For reasons we'll kind of discuss.
- 23:46Ben Whitelaw: this is a new book that's come out about Facebook.
- 23:49Ben Whitelaw: if you remember, a, a few years ago now, it was the whistle Blowing of Francis Haugen.
- 23:53Ben Whitelaw: This is a, big book serialization that's come out this week by a woman called Sarah Wynn Williams.
- 24:00Ben Whitelaw: And the book is called Careless People.
- 24:01Ben Whitelaw: Now, I might have a lot of book guilt already.
- 24:04Ben Whitelaw: There's uh, there's a lot of.
- 24:06Ben Whitelaw: There's a lot of books I ha I buy and never get Round to reading.
- 24:09Ben Whitelaw: Um, I'm gonna try and avoid this being one.
- 24:12Ben Whitelaw: it's attracted a lot of attention.
- 24:13Ben Whitelaw: This week she's given an interview to NBC News in which she explains what's in the book and I'll talk a bit bit about who she is and, what she says.
- 24:20Ben Whitelaw: she worked at Facebook from 2011 to 2017 as director of Global Public Policy and worked within essentially kind of Joel Kaplan's team.
- 24:30Ben Whitelaw: Joe Kaplan is the new Nick Clegg for those, uh, who, and I will forever refer him to him as that.
- 24:38Ben Whitelaw: Um, he's the new Nick Clegg, so he is the chief global, public policy head.
- 24:43Ben Whitelaw: So whatever grandiose title he has now, and she worked within his team working on public policy in primarily Asia and Latin America.
- 24:51Ben Whitelaw: got a lot of exposure to Mark Zuckerberg and Cheryl Sandberg and other members of the, Facebook team and her book, her memoir, is essentially the latest insight into the kinda machinations of Facebook as a company that controls large sways of, of the, Globe's speech and access to the internet, frankly.
- 25:09Ben Whitelaw: she says a number of things in it, which have been variously reported on.
- 25:12Ben Whitelaw: She alleges sexual harassment against Kaplan, which Facebook say, He was cleared of back in 2017.
- 25:20Ben Whitelaw: she goes into, more detail about an SEC filing that she submitted last year about Facebook, uh, misleading investors.
- 25:29Ben Whitelaw: she talks a bit about how Zuckerberg was interested in moving into China, some of which has been reported before.
- 25:35Ben Whitelaw: And, she also Talks a bit about the culture of, the company, and she says various things about how Sandberg asked her to, take flights during her, her pregnancy, even when she wasn't very sure about flying.
- 25:45Ben Whitelaw: And, and so you get a sense, of what Facebook was like primarily in that period between 2011 and 2017.
- 25:51Ben Whitelaw: Obviously a long time ago now.
- 25:53Ben Whitelaw: But it's a fascinating there's been a fascinating reaction to the book.
- 25:56Ben Whitelaw: Book came out on Tuesday in the us it actually came out today in the uk.
- 26:00Ben Whitelaw: So, I've got it on order.
- 26:02Ben Whitelaw: it's one of those things, Mike, that, says a lot about the company and the platform, and we try not to talk too much about specifics in companies they change a lot of the time, but.
- 26:12Ben Whitelaw: I think it's still worth discussing.
- 26:14Ben Whitelaw: there's also been a bit of an update this week that made you feel like it was also worthy of a story in today's control or speech
- 26:21Mike Masnick: Yeah, I mean, you know, the, the book sounds interesting, but I'm always a little skeptical of any of these sort of like, tell alls from the insiders.
- 26:28Mike Masnick: you know, it often feels like, they have an ax to grind, and a mix of the stories that have come out that are in the book.
- 26:34Mike Masnick: I haven't read it yet either.
- 26:36Mike Masnick: I'm gonna get outta the library at some point, but some of this stuff has been reported before, and it's sort of reported here again in sort of incendiary language.
- 26:44Mike Masnick: I've seen a number of former, Facebook meta employees on social media who have been reporting that the incidents that are reported in the book that they were part of were not reported fairly or accurately.
- 26:57Mike Masnick: Um, so I think there's some concern about that.
- 26:59Mike Masnick: but the thing that really caught my attention though.
- 27:02Mike Masnick: You know, it's, it's worth reading these books and getting the perspective, but recognizing that it's, from a single person's perspective and, and maybe not putting full weight into it.
- 27:10Mike Masnick: but the thing that really caught my attention this week was the fact that Meta basically tried to stop the publication of the book.
- 27:15Mike Masnick: This only came out yesterday really, where they apparently, as part of, her exit agreements, there was a severance agreement that included a non-disparagement clause and meta is alleging that she violated the non-disparagement clause.
- 27:30Mike Masnick: In this, and so as a, sign of Mark Zuckerberg's new commitment to free speech, they, they tried to enforce this against her, and went to an arbitration, set up basically making a claim against both the author Sarah Win Williams and the publisher, which is an imprint of McMillan.
- 27:48Mike Masnick: The arbitrator came out yesterday with a, ruling, noting two things.
- 27:52Mike Masnick: One, McMillan the publisher.
- 27:54Mike Masnick: Did not sign the severance agreement with meta and therefore is not bound by it.
- 27:58Mike Masnick: And therefore the arbitrator has no jurisdiction over the publisher at all.
- 28:02Mike Masnick: So they're sort of out of the story.
- 28:05Mike Masnick: But they did say that the publisher was the one who showed up.
- 28:08Mike Masnick: Sarah herself did not show up.
- 28:10Mike Masnick: And so they sent notices to her and told her again that she had to reply by today, this morning, Thursday morning, two days after the book came out in the US I'll note.
- 28:20Mike Masnick: and she had ignored it, but over the weekend.
- 28:23Mike Masnick: As part of her promotional efforts for the book, she had gone on a podcast, a popular podcast is the description, and talked about how they were trying to shut her down and silence her by talking about the arbitration claim.
- 28:35Mike Masnick: So the arbitrator was like, okay, well now she clearly knows about it.
- 28:38Mike Masnick: And so one in general, it's probably not a good idea to completely ignore an arbitration move against you on a contract.
- 28:44Mike Masnick: She may be in violation of the contract, but The bigger thing is like meta making this effort in the first place, right?
- 28:50Mike Masnick: Like there is this term, which I am associated with, called the Streisand Effect.
- 28:56Ben Whitelaw: I was gonna bring it up.
- 28:57Ben Whitelaw: I was gonna bring it up.
- 28:58Ben Whitelaw: It's a perfect example.
- 28:59Ben Whitelaw: No.
- 29:00Mike Masnick: Yeah, and the whole idea is like, it's based on this idea that if you go legal to try and silence someone, it is only going to generate way more attention for that work.
- 29:09Mike Masnick: And like, I was probably less, I was less interested in reading the book until I saw that meta was trying to silence it, and that, that's why I'm gonna reserve at the library because I, I would now like to read this book.
- 29:20Mike Masnick: even as I'm a little skeptical of some of the writing, but doing this just, it seems so counterproductive.
- 29:25Mike Masnick: Like just let it play out.
- 29:27Mike Masnick: You know, respond like they responded by saying like, this is old news and misleading, and just let it, it'll disappear in two weeks.
- 29:33Mike Masnick: People are gonna forget about it.
- 29:35Mike Masnick: but doing this makes it look like, oh wait, there's something serious in this book that you're trying to silence Mr.
- 29:40Mike Masnick: Free speech, you know, returning to our free speech roots.
- 29:44Ben Whitelaw: Oh, it's delicious irony, isn't it?
- 29:46Ben Whitelaw: That you know, the platform who are claiming they're returning to, you know, having more speech and fewer mistakes, shutting down a publisher who they don't have an agreement with.
- 29:56Ben Whitelaw: it's textbook stuff.
- 29:57Mike Masnick: Yeah.
- 29:57Mike Masnick: So the, I mean, the arbitration agreement, the arbitrator, did come up with this thing saying, because she indicated that she was aware of the arbitration effort, that she is now banned from promoting the book and to the extent possible distributing or selling the book.
- 30:11Mike Masnick: But that's the publisher.
- 30:12Mike Masnick: That's not her, but she's not supposed to promote it.
- 30:14Mike Masnick: I don't see how that flies, I mean.
- 30:16Mike Masnick: it depends on the, actual nature of the, the severance agreement and the non-disparagement clause in there.
- 30:21Mike Masnick: I think basically at this point she's being punished because she, she didn't show up for the arbitration hearing.
- 30:26Mike Masnick: and so we'll see what happens there.
- 30:28Mike Masnick: But either way, none of that, it doesn't really help meta, even if they technically win this arbitration and maybe she'll like, have to pay up some money or something.
- 30:37Mike Masnick: it's just gonna draw with that much more attention to the book.
- 30:39Ben Whitelaw: Yeah.
- 30:40Ben Whitelaw: I mean there's, at the end of the day, it's still a very large company trying to silence a memoir.
- 30:44Mike Masnick: It's, it's a terrible look.
- 30:46Ben Whitelaw: Yeah.
- 30:46Ben Whitelaw: whatever clause is in whatever contract it, doesn't look great, but
- 30:50Mike Masnick: And I'll, I'll have to, the details here may matter a lot, but there have been efforts, especially in the last few years, in part because of the Me Too movement to pass these laws that basically say non-disparagement clauses around sexual harassment are not enforceable.
- 31:03Mike Masnick: and so there may be some elements of that in there, because again, she did make accusations around sexual harassment in some form or another.
- 31:11Mike Masnick: So.
- 31:11Mike Masnick: That kind of stuff might be exempted because of various laws.
- 31:14Mike Masnick: But again, I think most of those are kind of state laws and so I'm not sure where she's located or which state laws apply for this.
- 31:20Ben Whitelaw: Yeah.
- 31:21Ben Whitelaw: we'll move on to other stories, but it, it is worth noting, at least I'm very cynical of the 3, 4, 5 people who suddenly come out of the woodwork to kind of push back against one person's version of events.
- 31:32Ben Whitelaw: You know, it's very straightforward.
- 31:33Ben Whitelaw: We both work in, in the media, Mike, we know how straightforward it is for a company to call upon some of its many thousands of employees to, push back against a
- 31:42Mike Masnick: yeah, I mean,
- 31:43Ben Whitelaw: events.
- 31:44Ben Whitelaw: So.
- 31:44Ben Whitelaw: Uh, again, like I'm, I'm trying to kind of keep an open mind at this
- 31:47Mike Masnick: yeah.
- 31:48Mike Masnick: Right.
- 31:48Mike Masnick: Yeah, yeah.
- 31:49Mike Masnick: It's not fair to say that I'm, and, and I'm not saying that the book is, inaccurate or not, but I, I am saying that like there are people I know who I, trust and who weren't like, you know, out there.
- 32:00Mike Masnick: I, I've spoken to a few people who are former meta employees and certainly not meta boosters,
- 32:05Ben Whitelaw: Okay.
- 32:05Mike Masnick: uh, by any stretch of the imagination, and they were sort of skeptical of the book as well.
- 32:09Mike Masnick: So I have some skepticism about some of the stories of the book.
- 32:11Mike Masnick: I think it's one person's view, which is always interesting.
- 32:14Mike Masnick: But we should remember that it's one person's view.
- 32:16Ben Whitelaw: Yeah.
- 32:17Ben Whitelaw: Okay.
- 32:17Ben Whitelaw: Cool.
- 32:18Ben Whitelaw: interesting stuff.
- 32:18Ben Whitelaw: I'm, I'm sure there'll be plenty more media coverage this week.
- 32:21Mike Masnick: 1, 1 more quick point on this, because I actually do think it's important.
- 32:24Mike Masnick: You know, one of the big stories that has come out about this is, is the story about the stuff in China.
- 32:28Mike Masnick: and, and I did wanna raise this, I, meant to raise it earlier, but now I'm thinking about we should, definitely include it.
- 32:32Mike Masnick: One of the things that, like Kat and I talked about last week as an example, and this was before all the controversy with this book was like the example of.
- 32:40Mike Masnick: Facebook and Vietnam and what sort of compromises are they willing to put in?
- 32:44Mike Masnick: And the discussion that Kat had, which I think was really important to think about, was that there is a nuanced discussion to be had about if we're trying to get into a country that doesn't have that much freedom of speech, do we make certain compromises to enable at least some kinds of online speech is nothing.
- 33:01Mike Masnick: better or worse than some, but more, limited amounts of speech.
- 33:05Mike Masnick: And so I think a lot of the China story could be seen in that light.
- 33:09Mike Masnick: You know, it sounds like internal discussions about what are we okay with, what is Facebook okay with to try and get into China?
- 33:15Mike Masnick: China is obviously a very large market.
- 33:17Mike Masnick: It is presented in the book and in the media reporting on the book as if it is a very clear case of like, oh, Facebook compromising with its principles, which might be true.
- 33:26Mike Masnick: It may absolutely be true.
- 33:27Mike Masnick: But there is another possible reading of it that is Facebook considering internally, like how far are we willing to go to try and get some openness, some ability for people in China to use Facebook to speak.
- 33:38Mike Masnick: Is that better than none at all?
- 33:40Mike Masnick: And the fact that, you know, no compromise, no final setup was ever done suggests that, these are internal brainstorming things that does happen and people can have a nuanced discussion about that.
- 33:49Mike Masnick: What trade offs are we willing to do that is non But that doesn't it could be that, I certainly wouldn't put a past Mark Zuckerberg to be terrible and evil and say that like, no, you know, we're, just gonna screw over users and, and allow the Chinese government to spy on everyone.
- 34:03Mike Masnick: But I, I
- 34:03Ben Whitelaw: or, or whether they had the right people in the room or the right information available.
- 34:07Ben Whitelaw: Right.
- 34:08Ben Whitelaw: That's the other thing, because, win Williams is a New Zealander.
- 34:11Ben Whitelaw: She's a former diplomat.
- 34:13Ben Whitelaw: I'm sure she has a bunch of, great skills.
- 34:15Ben Whitelaw: Is she qualified to make decisions about.
- 34:18Ben Whitelaw: the way in which meta kind of moves into parts of Latin America or Asia, probably not, you know, probably not.
- 34:23Ben Whitelaw: And, and this is the, goes back to the kind of culture point about how, Big companies based in the west coast of the us you know, make decisions for the rest of the world.
- 34:31Ben Whitelaw: And I think that's kind of, it's a thread that's been running for the last, you know, 15 years essentially and is keeps coming up.
- 34:37Ben Whitelaw: But this is the latest, one of those.
- 34:39Ben Whitelaw: cool.
- 34:39Ben Whitelaw: We've, got probably time for like a, a few different stories, Mike.
- 34:41Ben Whitelaw: maybe three smaller stories to run through.
- 34:44Ben Whitelaw: Um.
- 34:44Mike Masnick: and go quick.
- 34:45Ben Whitelaw: Yeah.
- 34:46Ben Whitelaw: Famous last words.
- 34:47Ben Whitelaw: Um, lead us off with the story about the Reddit rules check.
- 34:50Ben Whitelaw: We both had this on our list, so I'm, kind of excited about this one.
- 34:53Mike Masnick: Yeah, this is, this is really cool.
- 34:55Mike Masnick: Uh, so the Reddit has launched this new feature, which is as you're, posting content, you can do a rule check before, which is basically, I assume, AI driven.
- 35:03Mike Masnick: before you post something, you can have it checked to see if, the AI thinks you violated the rules rather than, Punish first where you post something, then you get yelled at, this content was taken down and you get all mad.
- 35:13Mike Masnick: It just sort of gives you a feedback and says like, Hey, this violates the rules.
- 35:17Mike Masnick: We probably aren't gonna allow you to post it and therefore you can adjust.
- 35:20Mike Masnick: I'd be interested to see how this works in practice.
- 35:22Mike Masnick: Right.
- 35:23Mike Masnick: this could be used for gaming where you sort of like figure, how can I.
- 35:25Mike Masnick: walk right up to the line without getting in trouble and all sorts of stuff, but as like a feedback tool and as sort of like a, trying to train the user into like not violating our rules.
- 35:34Mike Masnick: I think this is great.
- 35:35Mike Masnick: I think it's really amazing and, I'll be interested to see if other sites start to pick up on it because.
- 35:39Mike Masnick: seems like a really good concept and like a technical approach to, teaching users about what the rules and what the limits of the rules are.
- 35:46Mike Masnick: So I think this is a really cool experiment.
- 35:47Mike Masnick: I'd love to see how it works out with Reddit.
- 35:50Mike Masnick: I could see areas where it will fail, but I'd love to see how it goes and I'd love to see other sites trying some, something similar as well.
- 35:56Ben Whitelaw: Yeah, we, I feel we've kind of jumped ahead here.
- 35:58Ben Whitelaw: We've talked about moderation being, ai being used for moderation, almost, moderator level, you know, being used to kind of enforce policies and, but actually we've kind of almost seemed to jumped at a little bit and read it, which have a, a strong history of creating moderator tools and, doing user engagement have kind of gone one step further here, which is really exciting.
- 36:15Mike Masnick: it's very cool.
- 36:16Mike Masnick: It's very cool.
- 36:16Ben Whitelaw: Really like it.
- 36:17Ben Whitelaw: the story that I picked out this week, Mike, is a story about the online dispute settlement bodies.
- 36:24Ben Whitelaw: We talked about this in the podcast, in the past, it's a DSA, specific, provision where users can now apply to have their content reviewed by a very specific, online dispute settlement body.
- 36:36Ben Whitelaw: and they will, Work with the platforms to figure out whether the right rules were followed and you can kind of essentially complain if you, feel like your content was taken down unnecessarily or if you reported it, nothing was done.
- 36:48Ben Whitelaw: And ACE is, Appeal Center Europe.
- 36:51Ben Whitelaw: It's one of the five or six ODS bodies that have started kinda reviewing content on different platforms.
- 36:57Ben Whitelaw: Ace works specifically with Facebook, YouTube, and also TikTok.
- 37:01Ben Whitelaw: And it's released some data, just a small data set about some of the initial cases it's reviewed.
- 37:07Ben Whitelaw: What it said in a blog post, which we'll link to in the show notes, is that it's had 1500 people, submit appeals against their content in the last three months, I think, since the start of the year.
- 37:17Ben Whitelaw: And so far it has gone through 150 ish.
- 37:21Ben Whitelaw: appeals specifically related to Facebook.
- 37:24Ben Whitelaw: Every, platform needs a, a different data, agreement.
- 37:27Ben Whitelaw: and at the moment it only has an agreement with, Facebook it's gonna start to, uh.
- 37:31Ben Whitelaw: look at appeals from TikTok and YouTube shortly.
- 37:34Ben Whitelaw: And of those 150, about half of them apparently, have been ruled against the original decision made by Facebook.
- 37:41Ben Whitelaw: So the ODS body is kind of pushed back against the original, decision to either leave the content up or to pull it down.
- 37:47Ben Whitelaw: And that's interesting because, you know, that suggests that there's a kinda high proportion of, decisions made by platforms, that aren't, according to policy.
- 37:55Ben Whitelaw: whether or not this stuff scales, we don't know.
- 37:57Ben Whitelaw: we're at a very early stage of this, but I think it's really interesting to see some of this data come out at an early stage.
- 38:02Ben Whitelaw: And, yeah, looking forward to seeing more of this and also more, data from the other ODS bodies as well.
- 38:07Mike Masnick: Yeah.
- 38:07Mike Masnick: No, I, I, I think it's cool as I'm glad that we're getting the data, as a reminder, like the rulings of these bodies are not binding.
- 38:12Mike Masnick: So we'll also have to see, whether or not the platforms actually listened to them.
- 38:16Mike Masnick: But it's interesting to see.
- 38:17Mike Masnick: The other thing that I think is interesting is, 1500 complaints.
- 38:20Mike Masnick: I'm sort of trying to do the math and like, does that build up to a real business?
- 38:24Mike Masnick: Because, you know, part of the idea here is that ACE has to be self-sustaining.
- 38:28Mike Masnick: And all the other ones, you know, and so, I'm not sure that's enough.
- 38:31Mike Masnick: And so,
- 38:32Ben Whitelaw: It's a big question about what the throughput is of, of these appeals.
- 38:35Ben Whitelaw: Like can the platforms promote them enough?
- 38:37Ben Whitelaw: Will they promote them enough to its users?
- 38:39Ben Whitelaw: And then will you have enough ODS bodies to kind of process them?
- 38:42Ben Whitelaw: We, we don't know.
- 38:43Mike Masnick: yeah, and, and then the speed with which they process them.
- 38:45Mike Masnick: So, you know, 1500 complaints in, they've done 141 decisions, less than 10%.
- 38:51Mike Masnick: I don't know.
- 38:51Mike Masnick: It'll be interesting to see the, the sort of, all of this, how quickly they can do it, how many complaints are coming in, how closely related, but we're starting to see data and that's, that's fascinating.
- 39:00Ben Whitelaw: Yeah.
- 39:01Ben Whitelaw: One platform that's not bound by an ODS body or, or isn't covered by an ODS body as yet, I believe is Spotify.
- 39:07Ben Whitelaw: and they're the subject of the third small story that we've got today, Mike.
- 39:11Mike Masnick: Yeah, this was, an interesting story.
- 39:13Mike Masnick: there've been some sort of interesting trust and safety questions around Spotify and sort of what content is allowed on there around like podcasts and stuff.
- 39:19Mike Masnick: But this one came out, there was Andrew Tate, who is just a horrible person.
- 39:23Mike Masnick: If you don't know who he is, like consider yourself lucky.
- 39:26Ben Whitelaw: Don't, don't Google it.
- 39:27Mike Masnick: Yeah, I'll, I'll leave it at that.
- 39:29Mike Masnick: He is a terrible person, but he sort of apparently set up a class on Spotify and it was just as awful as an awful person would, create.
- 39:36Mike Masnick: and the interesting thing here, I think was that Spotify employees kind of revolted on this one.
- 39:40Mike Masnick: And so there was sort of an internal, slack channel where people were calling out how terrible it was.
- 39:46Mike Masnick: That, Spotify was allowing Andrew Tate and his class to be on the platform.
- 39:50Mike Masnick: and so it's sort of an interesting statement on, seeing employees within a company standing up and saying like, Hey, no, we don't want this on our platform.
- 39:58Mike Masnick: We're not comfortable working for this company that would enable this sort of awful content.
- 40:02Ben Whitelaw: Yeah, we saw that back in January as well.
- 40:04Ben Whitelaw: When Mark Zuckerberg made his, his announcement, we saw a lot of meta employees revolt internally on Slack and, to an extent publicly as well.
- 40:12Ben Whitelaw: but this is an example of, of actually having, you know, some effect and that content was taken down.
- 40:16Ben Whitelaw: So, it's a reminder to, trust and safety professionals, even though you potentially feel like you don't have a, a voice, um, these things can change, let's round up our stories this week, Mike, with a tiny story that BBC published this week about, an interview with Roblox, his CEO.
- 40:32Ben Whitelaw: we don't have loads of time to go into it, but, it basically is a sit down with Dave Zuki, I think is how you pronounce it.
- 40:39Ben Whitelaw: And, he talks about their approach to safety online and to child safety.
- 40:43Ben Whitelaw: ROBLOX is obviously used by millions children online, often gets, criticized for its approach to it, AI safety in particular.
- 40:51Ben Whitelaw: And what's interesting here is that.
- 40:52Ben Whitelaw: He basically says that if parents don't think Roblox is safe, then they shouldn't be allowing their children to use it.
- 40:59Ben Whitelaw: And I thought that was just a really interesting, reaction to this question of child safety is something we come back to a lot.
- 41:05Ben Whitelaw: And I, I appreciated the honesty and the originality of the response basically to say, if you aren't sure as a parent, that your child is safe, then better to, Be on the, side of safety, to seed onto one side because, you have to be sure yourself.
- 41:18Ben Whitelaw: So I thought that was an interesting, line from that interview.
- 41:20Mike Masnick: Yeah, and I think it's, think some people are reacting negatively to this kind of saying, like, oh, well he's not taking responsibility, but no, I mean, he's, right to some extent, right?
- 41:29Mike Masnick: Like the parents are the sort of first defense for children's use of, technology and devices and services.
- 41:35Mike Masnick: And so saying like, look, The parents have a role here is I think, an important statement and I'm glad that he's willing to do it because I think a lot of tech CEOs, because they're being yelled at so much, they, sort of internalize the idea that the entirety of the responsibility has to be on them, but it can never be right.
- 41:50Mike Masnick: I mean, responsibility has to be spread around to a number of people for him to say like, okay, look, if you don't trust me, don't use it, I think is a really honest statement and I think it's a good one to hear.
- 41:59Ben Whitelaw: Yeah.
- 42:00Ben Whitelaw: I dunno if Zaki or or anybody from Roblox is gonna be at the GDC conference next week in San Francisco.
- 42:06Ben Whitelaw: but it's a neat segue into our bonus chat.
- 42:09Ben Whitelaw: for those who haven't been to the conference and, and I'm yet to make my debut, but it's a, a huge conference with some of the biggest games developers where they're talking about innovation, creativity, and, player safety.
- 42:19Ben Whitelaw: we talked about this with Carly Chadwick, the head of.
- 42:22Ben Whitelaw: Platform trust and safety delivery at Resolver, which provides a range of risk, intelligence and advisory services.
- 42:28Ben Whitelaw: And Resolver has actually been around even before Facebook, Mike, they're that old.
- 42:32Mike Masnick: Wow.
- 42:32Mike Masnick: Okay.
- 42:33Mike Masnick: I didn't realize that.
- 42:34Ben Whitelaw: yeah.
- 42:34Ben Whitelaw: So, um, yeah, we get into that with Carly and, uh, I hope listeners enjoy our bonus chat this week.
- 42:50Ben Whitelaw: Great to have you join us on Control Speech.
- 42:52Ben Whitelaw: Carly, thanks very much for making the time.
- 42:54Ben Whitelaw: before we start, before we get into the kind of gaming questions, for those who aren't familiar, tell us a little bit about Resolver and what it does.
- 43:01Karley Chadwick: Of course.
- 43:02Karley Chadwick: Uh, thank you for having me, Ben.
- 43:03Karley Chadwick: so resolver trust and safety, has been going strong for about 20 years now.
- 43:07Karley Chadwick: Actually we're coming up to our 20th, anniversary, which is really exciting.
- 43:11Karley Chadwick: but we started in 2005.
- 43:13Karley Chadwick: Under a slightly, different name.
- 43:15Karley Chadwick: Actually, we were known as Crisp back in the day, and we were really set up with our mission around keeping children safe online.
- 43:22Karley Chadwick: that started, with our founder Adam Hildreth, who whilst working in a different venture, very quickly identified unfortunately, how at risk children were, from grooming and other predatory behavior online.
- 43:36Karley Chadwick: thus this crisp dream came to life.
- 43:38Karley Chadwick: So, like I said, it's, been 20 years.
- 43:41Karley Chadwick: We've been combating online abuse ever since.
- 43:44Karley Chadwick: That central aim still really being about keeping children safe when they are online.
- 43:49Karley Chadwick: But that has since expanded out.
- 43:51Karley Chadwick: So today we work with social media companies, search engines, NGO Partners, regulators, you know, just to name a few to deliver on that mission.
- 44:02Karley Chadwick: our expertise has stretched a lot more wider than just child safety now.
- 44:07Karley Chadwick: So we are, core online harm specialists in everything from that original child safety goal right through to hate speech, counter-terrorism, suicide, self-harm.
- 44:18Karley Chadwick: and we're doing all of that, from our original base here in Leeds, which is where I'm speaking to you from now.
- 44:24Karley Chadwick: All of our other global offices, through that network of online, technical intelligence and our threat analyst teams.
- 44:32Ben Whitelaw: Brilliant.
- 44:32Ben Whitelaw: and so talk a little bit about what those threat analyst teams do then.
- 44:36Ben Whitelaw: How, what role do they play and what information they're providing to the platforms and services you work with.
- 44:42Karley Chadwick: yeah, good question.
- 44:43Karley Chadwick: One of my favorite things about Resolver is our diversity, and I think this has never been more apparent.
- 44:50Karley Chadwick: Then with those threat analyst teams, so our, human intelligence, we have them working 24 7 and they're covering all manner of languages, global markets, risk spaces, and those people have got some of the most interesting backgrounds I've ever seen.
- 45:07Karley Chadwick: We've got ex-military.
- 45:09Karley Chadwick: X law enforcement, sociologists, we've got people who have come from academia, so people who've studied, psychology, linguistics, criminology, you know, you name it.
- 45:19Karley Chadwick: And they're all coming together to combine that knowledge that they've got, with our technical expertise to find all of those online hams that I just mentioned.
- 45:28Karley Chadwick: And I think going back to that 24 7 aspect risk is global.
- 45:33Karley Chadwick: we all know that, within the industry, but I think what's really important and what's special about those threat analysts is recognizing that risk is also localized.
- 45:43Karley Chadwick: Now, what may manifest as a risk on one platform in say, the German speaking market, it's not necessarily going to be the case in the Korean speaking market.
- 45:53Karley Chadwick: You know, we can't rely on our understanding of hate speech in North America.
- 45:58Karley Chadwick: To be able to tackle the risk of hate speech in France, we really need a localized understanding of what is that nuance in that region to be able to really, and most effectively proactively monitor what those risks are, not just for the users who are in those spaces, but for those platforms and those companies as well.
- 46:17Karley Chadwick: So they are really well placed to do that.
- 46:19Karley Chadwick: They're employing all of, all of those, great skills, that behavioral analysis, that osint geolocating, you know, just to name a few of their skillset, to find what is happening in that region, what's happening today, what might be happening tomorrow to best protect people and that, God, that could be anything from what's the trajectory of neo-Nazi radicalization in Spain.
- 46:43Karley Chadwick: How is this latest, technology feature going to be used to share CSAM?
- 46:48Karley Chadwick: Or how are bad actor communities going to exploit an upcoming major event, say, an election?
- 46:54Karley Chadwick: what's going to happen globally, to impact those spaces?
- 46:58Ben Whitelaw: Mm.
- 46:58Ben Whitelaw: Interesting.
- 46:59Ben Whitelaw: And we were talking before, before we started, you, you're a German speaker yourself.
- 47:03Ben Whitelaw: You start as an analyst.
- 47:04Ben Whitelaw: and what are the kind of major events that you've worked on in the past really spring to mind when you, think about the, threat analysis and threat detection space that you've, you've worked with.
- 47:13Karley Chadwick: that's a really good question.
- 47:15Karley Chadwick: And I think go, unfortunately, you know, in the field that we're in, there's been quite a few events over recent years that come to mind.
- 47:23Karley Chadwick: COVID being one of them, the US election, The most recent and the one prior to that.
- 47:28Karley Chadwick: for me as a threat analyst, my very first, uh, incident, let's call it, which really brought to my mind how fast-paced this industry is, was unfortunately Christchurch.
- 47:41Ben Whitelaw: Mm.
- 47:42Karley Chadwick: I say it in interviews when we recruit people, the very best thing about.
- 47:47Karley Chadwick: The world of trust and safety is that every day is different.
- 47:50Karley Chadwick: you, don't know what's gonna happen next month, next year.
- 47:53Karley Chadwick: the risk is ever evolving.
- 47:55Karley Chadwick: And that was never more so the case for me than the morning of Christchurch.
- 48:00Karley Chadwick: And I remember coming into the office as, you know, as we all do with my internal to-do list.
- 48:07Karley Chadwick: I'm gonna finish that project.
- 48:08Karley Chadwick: I'm gonna go make a start researching this.
- 48:11Karley Chadwick: And walked into an office that was alive with activity in a way that I'd never seen before.
- 48:16Karley Chadwick: we had people literally running from desk to desk trying to make sense of what was going on.
- 48:22Karley Chadwick: And it, and it was, it was horrific, from a linguistic standpoint, which is my background.
- 48:27Karley Chadwick: brought to light that exploitation element of what are people going to do, or what tactics are people gonna employ to be able to get content that really shouldn't be online?
- 48:38Karley Chadwick: Online.
- 48:39Karley Chadwick: and with Christchurch, we were seeing, every 30 seconds, a reupload of the livestream was making, its way onto a platform.
- 48:47Karley Chadwick: It was first uploaded in Indonesian and then you'd see it being posted in Korean and then it would make its way to Spain.
- 48:55Karley Chadwick: that for me was one of those events.
- 48:58Karley Chadwick: And unfortunately, there's been a few more over the years.
- 49:01Karley Chadwick: but for me, that was the first one that really made me sit up straight and go, oh, okay.
- 49:06Karley Chadwick: this is really serious now.
- 49:08Ben Whitelaw: I remember it was like playing whack-a-mole for lots of platforms, wasn't it?
- 49:11Ben Whitelaw: Um, really tough.
- 49:13Ben Whitelaw: so how does resolvers, capabilities in threat detection apply to gaming then?
- 49:17Ben Whitelaw: You know, we've got, thousands of people gathering in San Francisco this week for GDC, you've done increasing amounts of work in the gaming space in recent years.
- 49:25Ben Whitelaw: What emerging threats have you seen?
- 49:27Ben Whitelaw: In gaming platforms versus perhaps social media and, and marketplaces?
- 49:31Karley Chadwick: Oh, where do I start?
- 49:34Karley Chadwick: I think it's important to start with the acknowledgement of they are.
- 49:37Karley Chadwick: Interestingly, quite similar.
- 49:40Karley Chadwick: So the threats that we see in gaming, in a way are some of the evergreen risks that we've always been seeing on social media platforms.
- 49:48Karley Chadwick: they are slightly tweaked as you would expect them to be, to, The opportunities that are available in gaming that might not necessarily be anywhere else.
- 49:57Karley Chadwick: but God, we could do many episodes talking about the swatting risks, predatory monetization, increased risk of ransomware and, harassment that we're seeing take place online.
- 50:08Karley Chadwick: and it just, goes to show really how big the gamification of risk has become in, say, the past.
- 50:16Karley Chadwick: Two, three years certainly.
- 50:18Karley Chadwick: But it's one of those that it really sits at the intersectionality of a lot of other risk spaces, you know, and it can be really insidious in that regard for a risk that let's say hate speech.
- 50:31Karley Chadwick: it's one of the first ones that cropped mine.
- 50:34Karley Chadwick: When you ask someone what's some, some of the, more inappropriate things that happen on gaming, people will always talk about hate speech.
- 50:42Karley Chadwick: And it always starts with that friendly banter approach because a big group of like-minded people have all come together.
- 50:50Karley Chadwick: They all feel really safe, they're all here for the same reason, the same interest.
- 50:55Karley Chadwick: and that's when the banter starts Because unfortunately in, in some of these spaces where these communities are gathering, they have the sense that they are less moderated.
- 51:04Karley Chadwick: So they can get away with saying a little bit more that they know is inappropriate and it goes unchecked and it, goes a little bit further from there.
- 51:12Karley Chadwick: And those are the spaces where we find that banter situation quickly escalate.
- 51:19Karley Chadwick: And then it becomes harassment, and then we, we see these risks very quickly, morph and represent risks to child safety, suicide, and self harm, even terrorism, which for me, talking about gaming, radicalizations got to be up there, I think, as one of the biggest, the biggest risks.
- 51:39Karley Chadwick: gaming's a natural conversation starter, which is a really, you know, it's a really positive thing.
- 51:44Karley Chadwick: Like I said, we get people come together around a game that they all like, or a trend within a game that they all like, you know, everyone remembers the Fortnite dances.
- 51:54Karley Chadwick: and that they get a community going in that regard.
- 51:57Karley Chadwick: And I want to be clear, like that's not necessarily a, bad thing.
- 52:01Karley Chadwick: one of the greatest things about social media in, in the past, you know, two decades.
- 52:05Karley Chadwick: Has been the ability for millions of people worldwide to form those connections, those safe communities, to share experiences, to make friends.
- 52:15Karley Chadwick: And that's a brilliant thing.
- 52:16Karley Chadwick: But when that community gets centered around something that's not so positive, that's where we get into a really dangerous space.
- 52:24Karley Chadwick: That's where, under the veil of sharing things that are like-minded to that community.
- 52:30Karley Chadwick: we get those risks proliferating a lot more than, than we necessarily would've done.
- 52:35Ben Whitelaw: one thing I wanted to ask about was, physically augmented spaces, you know, the kind of augmented reality, um, virtual reality.
- 52:42Ben Whitelaw: 'cause again, this, these are new spaces are emerging where harms differ, in terms of their scale, in terms of their, definition almost, and how we deal with those.
- 52:51Ben Whitelaw: How do you think that that changes the nature and severity of, some of the harms and also the work the resolver does?
- 52:57Karley Chadwick: So these worlds, you know, it's their unique selling point.
- 53:01Karley Chadwick: They blend the digital with the physical, and for me that raises the stakes of the risks get stakes way higher, One of the biggest risks we see with these physically augmented worlds is harassment.
- 53:17Ben Whitelaw: Mm-hmm.
- 53:17Karley Chadwick: And there's this long held belief by certain users of these spaces that what you say and what you do, they bear no consequence.
- 53:26Karley Chadwick: 'cause you know, hey, well it's online, right?
- 53:28Karley Chadwick: You know, what's, what's the harm?
- 53:30Karley Chadwick: how can you possibly.
- 53:32Karley Chadwick: me and punish me for this thing that, it was only said online.
- 53:35Karley Chadwick: It, doesn't count.
- 53:36Karley Chadwick: augmented harassment, unfortunately, we're seeing it become quite egregious from virtual stalking, sexual harassment, right through to unfortunately sexual assault taking place between users, of these spaces.
- 53:50Karley Chadwick: And they're, they're increasingly.
- 53:53Karley Chadwick: Testing the parameters of what's possible within that world.
- 53:57Karley Chadwick: And unfortunately for me, biggest piece that I don't think people are aware of is just how much information about yourself you are giving away when you are, when you're using augmented realities.
- 54:11Karley Chadwick: We are seeing gamers increasingly use their home surroundings as part of the game experience, and they're sharing this with who they believe to be other friends, other gamers within these realities, and they're not meaning to.
- 54:26Karley Chadwick: Revealing where they live, where are they at that moment, you know, where do they go to work?
- 54:31Karley Chadwick: Where do they go to school?
- 54:32Karley Chadwick: And this is, really opening users up to those, some of those risks that I mentioned earlier around swatting and, and other security threats that can be really quite serious and can, snowball really quite quickly.
- 54:44Karley Chadwick: you know, back to that idea of it's not real life, you know, what's the harm, This is arguably one of those factors that makes it hard to monitor.
- 54:54Karley Chadwick: It makes it hard to identify because, you know, in these quasi virtual quasi real experiences, where do you draw the line with freedom of expression?
- 55:03Karley Chadwick: Where, where do you stop the creativity when it, stops being creative?
- 55:07Karley Chadwick: certainly for a lot of these experiences where people are making these modifications to make it their own experience, it really can feel like every man for themselves or, you know, this is a, a lawless experience.
- 55:20Karley Chadwick: like I said, when we were chatting about gaming earlier, there are a lot of similarities between risks that are happening on gaming and risks that are taking place, on non-gaming platforms or in other social media spaces.
- 55:33Karley Chadwick: and unfortunately I think how resolve and monitor all of this history does, unfortunately repeat itself.
- 55:39Karley Chadwick: So whilst bad actors will constantly adapt their behavior, they're constantly going to change the way that they act in the face of the environment that they're in.
- 55:50Karley Chadwick: we are going to see and have seen patterns to the risks.
- 55:54Karley Chadwick: That we first saw at the first invention of social media, 15, 20 years ago.
- 55:59Karley Chadwick: users are getting to grips with how to use gaming, certainly how to use these AR experiences, and they're trying to push those boundaries between what is and isn't possible.
- 56:10Karley Chadwick: And that line, you know, it really is blurred.
- 56:13Karley Chadwick: So until we have that distinction of what is clear, I think we're going to have a lot of users who are emboldened to take advantage of it.
- 56:22Ben Whitelaw: The multifaceted nature and, and the constantly evolving nature just really demonstrates the importance of the work that Resolve is doing.
- 56:29Ben Whitelaw: And we'll continue to do, hopefully, for another 20 years.
- 56:32Ben Whitelaw: so Carly, thanks so much for joining us today on Control of Speech.
- 56:35Ben Whitelaw: Really appreciate your time and uh, thanks for coming on.
- 56:38Karley Chadwick: Thank you so much.