Latest / Never Post / The Hardest Thing To Do Is Nothing
Transcript
- 0:11Mike Rugnetta: Friends, hello and welcome to Never Post, a
- 0:14podcast for and about the Internet. I'm your host Mike
- 0:16Rugnetta, this intro was written on Sunday, March 23 at 11:32PM
- 0:21eastern, and we have a formidable show for you this
- 0:26week. First, Georgia goes on a no buy journey where she
- 0:30attempts to make it nearly three months without purchasing new
- 0:34clothing as per the seventy five day hard style challenge. She
- 0:38talks about her experiences with Kyle Checa and host of the
- 0:41podcast articles of interest Avery Truffelman. Then I talk
- 0:46with Mike Masnik, founder of the stalwart technology block Tech
- 0:49Dirt about legislation that could be introduced in The US as
- 0:53soon as this week that would sunset section two thirty of the
- 0:58Communications Indecency Act, 26 words which, quote, paved the
- 1:02way for the modern Internet.
- 1:04Now why would anybody wanna get rid of those? And also typing
- 1:11tests. But first, let's talk about a few of the things that
- 1:14have happened since the last time you heard from us. I have
- 1:16four stories for you this week. Boston Celtic ska mainstay, the
- 1:23dropkick Murphys, were not banned from x for comments
- 1:27frontman Ken Casey made on stage critical of the US
- 1:30administration.
- 1:32Over the weekend, a post went viral claiming that the
- 1:34Northeast punk band rebooted from the social site after Casey
- 1:37pointed out a concert goer wearing a red MAGA hat and joked
- 1:41that Elon Musk's black dark MAGA variant is the quote, Elon Musk
- 1:46true Nazi edition. On her newsletter, the handbasket,
- 1:50Marissa Cabas reports that the podcast Midas Touch shared a
- 1:54clip of the joke which was shared again by an account
- 1:57claiming that it had led to the band's suspension, but it had
- 2:01not. Cabas confirmed quote, the dropkick Murphy's account was
- 2:05banned as early as June 2024, but regardless at least seven
- 2:09news stories centering on this claim had been published by the
- 2:12morning after the first posts. Don't believe everything you
- 2:16read on the internet, I guess. X has, however, seemingly
- 2:21suspended accounts connected with Turkish opposition in the
- 2:24midst of large scale protests in Istanbul following the arrest of
- 2:29Ekrem Imamoglu, mayor of the city and presidential candidate
- 2:32running against Recep Tayyip Erdogan.
- 2:35PCMag reports that most suspended accounts quote,
- 2:38belonged to grassroots activists with followers in the low tens
- 2:42of thousands who shared protest locations for students.
- 2:46According to X's transparency report, they continue, it
- 2:49complied with 68% of Turkey's government requests to take down
- 2:54content in the second half of twenty twenty four. Speaking of
- 2:58ostensible governments, multiple news outlets report that the US
- 3:01government is close to finalizing a deal for the sale
- 3:04of TikTok. Oracle, whose servers house TikTok's US recommendation
- 3:09engine and user data was once thought to be the preferred
- 3:12purchaser. But late last week, Reuters reported that quote,
- 3:15White House led talks are coalescing around a plan for the
- 3:18biggest non Chinese investors in parent company ByteDance to up
- 3:23their stakes and acquire the short video apps US operations,
- 3:27end quote.
- 3:27Among the investors are Susquehanna International Group
- 3:30and General Atlantic. Reuters reports that private equity firm
- 3:34KKR is also involved. And finally, biotech and personal
- 3:40genomics company twenty three and Me has filed for chapter 11
- 3:44bankruptcy protection and its CEO, founder Anne Wojcicki, has
- 3:48said she will step down, although she will retain a seat
- 3:51on the board. This leads to a number of questions about what
- 3:54happens to the genetics information of the 15 some
- 3:58million people who have used the service in the event of the
- 4:02impending liquidation of all of its assets. California's
- 4:06attorney general Rob Bonta released a statement on March 21
- 4:09reading in part quote, due to the trove of sensitive consumer
- 4:13data twenty three and me has amassed, attorney general Bonta
- 4:17reminds Californians of their right to direct the deletion of
- 4:20their genetic data under the genetic information privacy act
- 4:24and California consumer privacy act, end quote.
- 4:28Though these laws were passed in California, most websites make
- 4:32these features available to all users regardless of their
- 4:35location. So thanks California, I guess. We'll put a link to AG
- 4:41Bonta's statement in the description which includes
- 4:44directions for deleting your 23 and me data if you need them. In
- 5:06show news this week, this is the first episode of Neverpost
- 5:10officially distributed by Radiotopia. So that is very
- 5:15exciting.
- 5:17If this is news to you, just click back one episode and
- 5:20listen to our explainer about what Radiotopia is and what this
- 5:24means for the show. And if this is your first never post joining
- 5:27us from some other part of the Radiotopia family of shows,
- 5:32welcome. We are very happy that you're here. As mentioned last
- 5:36episode, I was on Matt Silverman's influence podcast
- 5:39talking about my career in media and what it is like making
- 5:43content these days. So that is out now.
- 5:46We'll put a link to that in the show notes. And also, I had the
- 5:50immense pleasure of speaking with Kurt White, a clinical
- 5:53psychotherapist, a clinical social worker, and a teacher at
- 5:57the Smith College School for Social Work, as well as the vice
- 6:01president of community partnerships, communications,
- 6:04and development at the Brattleboro retreat where he
- 6:07hosts their podcast unraveling. It's actually kind of a cousin
- 6:12show to never post. Both shows are made by some of the same
- 6:16people. Kurt and I talked about how it is that, our interactions
- 6:20with the Internet can help us construct our sense of self, and
- 6:24how this becomes the source of all kinds of anxiety for all
- 6:28kinds of people for a lot of different reasons.
- 6:30You can listen to our chat over on unraveling. We'll put a link
- 6:33in the show notes. And we liked it so much that we're actually
- 6:37gonna publish a segment length version on the next episode of
- 6:41Neverpost. But if you wanna listen to it now, please go
- 6:43check out unraveling with Kurt and his co host Mary. They are
- 6:47amazing.
- 6:47It's a great show. We're all really huge Kurt and Mary fans
- 6:51over here on Neverpost. Okay. That's the news I have for you
- 6:55this week. Next, Georgia and the 75 hard style challenge, then me
- 6:59and Mike Masnik on section two thirty.
- 7:01But first, each member of the team went out and bought a
- 7:04mechanical keyboard and did not touch it until we sat down to
- 7:09record a typing tournament. In our interstitials this week, the
- 7:16team uses monkeytype.com to see who got those WPMs.
- 7:29Jason Oberholtzer: Hey, type freaks. Welcome to the big show.
- 7:36First round, Georgia Hampton, Hans Butoh in the blue corner.
- 7:42Georgia Hampton, will you tell the folks at home what you're
- 7:44typing with today?
- 7:45Georgia Hampton: I'm rocking a Red Dragon Ultimate Gaming Rig,
- 7:50model number s one three four in the color mint green.
- 7:54Jason Oberholtzer: A strong addition to the fields. Georgia
- 7:57will be typing out of the left side of your headphones.
- 8:00Georgia, please march your way over there.
- 8:03Georgia Hampton: Aye aye.
- 8:03Jason Oberholtzer: And in the red corner, Hans Buto Hans, what
- 8:06are you typing with today?
- 8:07Hans Buetow: You will never defeat my LUT detect j one
- 8:12twenty. Corporate black borrowed from my wife's work.
- 8:18Jason Oberholtzer: Hans will be typing out of the right
- 8:21earphone. Hans, march your way over there.
- 8:23Mike Rugnetta: Yeah. Hans did a backflip. Woah. I
- 8:28Hans Buetow: am so ready for this. Position your microphones.
- 8:32Jason Oberholtzer: Okay, everyone. We will be typing 100
- 8:35words. The first person to clear their 100 words will go on to
- 8:40the final round at the end of this show. I will count you in.
- 8:44Are you all on monkey type?
- 8:46Georgia Hampton: Hell yeah.
- 8:47Jason Oberholtzer: Just staring at your words.
- 8:48Hans Buetow: Okay. Okay. I'm trying not to read them.
- 8:51Jason Oberholtzer: I wanna see your hands on camera. Your hands
- 8:55can leave frame and begin typing in three, two, one,
- 9:01Mike Rugnetta: type. Georgia is locked in. I'm just euphoric.
- 9:17Hans Buetow: This is so intense. I'm I'm
- 9:20Mike Rugnetta: so bad. Hans is really putting putting the knees
- 9:23into it. He's really got the stance of someone who is working
- 9:27very hard.
- 9:31Jason Oberholtzer: The longest I have not seen Georgia smile in
- 9:34my entire life.
- 9:36Mike Rugnetta: Oh, first blink. That's the first blink of the
- 9:38round.
- 9:58Jason Oberholtzer: This is kind of a sleep aid for me. This is
- 10:01good.
- 10:09Hans Buetow: On. I'm getting there.
- 10:10Mike Rugnetta: Collin's digging deep. Woah. Georgia's done.
- 10:14Hans Buetow: Oh, 90
- 10:15Mike Rugnetta: 92.
- 10:1690 two?
- 10:19Georgia Hampton came to win.
- 10:21Georgia, Field: That's how you do it, baby. Alright.
- 10:25Hans Buetow: I can see nothing. I can see nothing. Me.
- 10:28Jason Oberholtzer: Alright. Georgia Hampton will be back on
- 10:30the mint machine in the final round of the tournament.
- 10:34Hans Buetow: Georgia, what were you what what's your WPM? Oh my
- 10:37god. 84. Yeah. It was close to that.
- 10:41What's your accuracy? 92%. Why are
- 10:43Georgia Hampton: you coming for me like this?
- 10:44Hans Buetow: What what percent? You already
- 10:46Georgia Hampton: lost, man.
- 10:47Hans Buetow: What what what percent was your accuracy?
- 10:49Georgia Hampton: 92.
- 10:49Hans Buetow: God. Yeah. I was close to that too. Okay.
- 10:52Mike Masnick: Okay. I believe it. I also
- 10:54Mike Rugnetta: am I also am good typer.
- 10:57Georgia Hampton: I am now learning I hate this keyboard.
- 11:00That was it's so annoying. I hate
- 11:04Jason Oberholtzer: using it. Well, alright, sickos. We'll see
- 11:06you back here in twenty some odd minutes.
- 11:10Georgia, Field: Oh, god.
- 11:25Avery Trufelman: Okay. So what was the actual garment that
- 11:28broke you?
- 11:31Georgia Hampton: It
- 11:31was this faded blue bomber jacket. So that's me, obviously.
- 11:40I'm talking with Avery Truffelman, host of Articles of
- 11:43Interest, a podcast which explores fashion, clothing, and
- 11:48our relationship to both. We'll get to the bomber jacket and
- 11:51how, yes, it broke me. But first, here's me two months ago.
- 11:56Georgia, Field: Okay. It's day one of the seventy five day hard
- 12:02style challenge. It's 01/06/2025, which feels like, an
- 12:09ominous day to start this. But you know what?
- 12:13Georgia Hampton: Let's do it. First of all, it is 29 degrees
- 12:19in the city
- 12:20Georgia, Field: of Chicago, Illinois, but it feels like 13
- 12:22degrees. So I think we're looking at pants. Maybe. God.
- 12:32I'm already so stressed out.
- 12:36Why is it that the second I decide to do this, I'm like,
- 12:38what are clothes and have I ever worn them? What is this? Who
- 12:42bought this stuff? Not me.
- 12:46Oh, god. Okay.
- 12:49Georgia Hampton: The seventy five day hard style no buy
- 12:52challenge is a TikTok trend started by fashion influencer
- 12:56Mandy Lee last year. She's also known by her handle old loser in
- 13:00Brooklyn. Mandy presents the challenge as a way to save
- 13:04money, to learn about your own closet, and ideally, a bit more
- 13:08about your personal style.
- 13:10Georgia Hampton: The rule's fairly straightforward. Get
- 13:11dressed every single day for seventy five days straight and
- 13:14document all of your looks. Don't buy anything new. Don't
- 13:17introduce anything new to your wardrobe. This one's really,
- 13:19really important because the point is to really get creative
- 13:22and rely on your own brain and your own closet for inspiration.
- 13:25Georgia Hampton: During the no buy, one stops consuming in
- 13:28order to confront their closet. Put new outfits together with
- 13:33what's already there. After seventy five days, your clothes
- 13:37buying habits are hopefully more intentional.
- 13:41Georgia Hampton: While you're going through this journey and
- 13:42documenting your outfits, you're going to be collecting a dataset
- 13:46of what you actually wear. And this acts like a sort of catalog
- 13:49to track what you're really, really wearing so you can enjoy
- 13:52your clothes in a new way and discover any wardrobe gaps that
- 13:55might exist.
- 13:56Georgia Hampton: By documenting your outfits, Mandy means
- 13:59posting, and people do.
- 14:03Georgia, Field: Today is my first day joining in on Mandy
- 14:07Lee's seventy five day style challenge, and I'm really
- 14:11excited.
- 14:11I wanna, like, lift my spirits. So here's me documenting day
- 14:15one.
- 14:15And I'm wearing just like a black turtleneck, and I decided
- 14:18to wear just this vintage navy blue button down on top of it
- 14:23because I haven't worn it in a while.
- 14:24I wore a Saksha jacket from Mexico, secondhand Coach bag,
- 14:28vintage Ralph Sunnies from Venice. And I think I wanna pair
- 14:32it with this red bag because I love doing a pop of red with
- 14:35gingham. I love this outfit.
- 14:40Georgia Hampton: The No Buy is its own version of a show and
- 14:43tell. It's between a get ready with me and a haul video. It's
- 14:48also kind of a brag, a way to show off what you already have
- 14:52in your closet. Let me tell you about mine, my closet. I have a
- 14:59complicated relationship to my clothes, and my wardrobe is in a
- 15:03constant state of flux.
- 15:05I have a closet with a dozen or so coats in it and another one
- 15:08full of pants and dresses and skirts and shoes. I have 36
- 15:13pairs of shoes, including heels. And finally, I have a dresser of
- 15:18shirts, sweaters, sweatshirts, and, like, three more pairs of
- 15:22pants. I adore shopping, and I window shop online daily. I
- 15:27browse Depop.
- 15:29I always have a new pair of pants open in a tab on my
- 15:31computer. I go to vintage markets every couple of weeks
- 15:34and often end up leaving with something or several things. For
- 15:39my whole life, buying clothes has been a salve for a bad day
- 15:44or a painful breakup or a funk. But I tend to overbuy garments
- 15:48I'd consider staples, stuff I can wear all the time. That
- 15:52means I've wound up with 26 total pairs of pants, a lot of
- 15:57turtlenecks, and a lot of black.
- 16:00My closet is full of repeats. Three identical black
- 16:04turtlenecks, a section of my closet dedicated to eight black
- 16:08dresses that are almost all the same length. I tend to put
- 16:12together uniforms and stick with them. I wear the same pair of
- 16:16Docs every day despite having 35 other pairs of shoes to choose
- 16:20from. I wear the same earrings every day.
- 16:23And that sameness is what often drives me to go buy something
- 16:27special and new, even if it's a fourth identical black
- 16:31turtleneck. I've wanted to break out of this for a while. I just
- 16:36want variety. And I do have some colorful pieces in my wardrobe.
- 16:42I have skirts.
- 16:43I have cool vintage jackets. I have interesting rings and
- 16:46necklaces. Like, the tools are there. I know they are. I just
- 16:51have to make myself use them.
- 16:54And I was hoping that the no buy could hold my hand to the fire
- 16:57and force myself to even just add more uniforms to the roster.
- 17:02There's no world where I stop wearing mostly black. I like
- 17:06wearing black. And I also think changing that would terrify
- 17:09everyone who knows me. But I did want to spice things up, play
- 17:15around some more, have fun.
- 17:17I wasn't going to post my outfits every day on TikTok or
- 17:21whatever, but I did document them in another way by recording
- 17:25myself with the Voice Memo app daily.
- 17:28Georgia, Field: We got, little black turtleneck top that's like
- 17:32a tank top under a cotton, like, bright green sweater, little
- 17:42western belt with a silver buckle, these carpenter jeans
- 17:46that I wear all the time, and then yellow socks that are sort
- 17:50of a butter yellow, which I'm gonna wear with my little
- 17:54loafers.
- 17:56Georgia Hampton: Yeah. I think we got it. Day one down, only 74
- 18:01to go. That first day, I did pretty well. And for a week, it
- 18:07felt fun to shop in my own closet instead of online.
- 18:11I was actually clawing my way out of my all black outfit
- 18:15everyday purgatory. But as the days ticked on, I started to
- 18:22feel different.
- 18:27Georgia, Field: I'm in
- 18:31that place
- 18:32where I don't like any of my clothes, and I feel like I've
- 18:36never put on clothes in my life.
- 18:38Georgia Hampton: At first, I blame the weather. And I mean,
- 18:42it is hard to put together multiple slayful outfits when
- 18:45what I really need to do is wear the thickest, warmest sweater I
- 18:49own multiple days in a row. But that wasn't really the problem.
- 18:54Georgia, Field: Something about, like like, documenting this,
- 18:59like, sucks.
- 19:02Like, ugh, god. I feel like
- 19:05Georgia Hampton: I like, I wanna just magically have a better
- 19:09relationship to my clothes or, like, know how to put a cool
- 19:12outfit together that's different than the way I normally dress.
- 19:15But, like, why would I wanna do that? This is just my normal my
- 19:20normal life. Like, I don't I'm not even posting photos of
- 19:24these. Like, all you're hearing is me losing it.
- 19:32The longer I documented my process, the more I felt this
- 19:37pressure, guilt, shame. I did not feel closer to my personal
- 19:42style. If anything, I felt like the opposite. Rooting around in
- 19:48my closet revealed the holes in my wardrobe, but in a painful
- 19:53way. Like, I have this amazing pair of striped pants that I was
- 20:01excited to style until I realized they just don't fit me
- 20:05anymore.
- 20:07I found this cropped chestnut brown sweatshirt that I had
- 20:10bought maybe, like, five years ago, tried it on, and genuinely
- 20:14couldn't understand why I had bought it in the first place. It
- 20:17fit so weird on me. The neckline was too structured. It tugged
- 20:22upwards in this really weird way when I lifted my arms. Like, why
- 20:26did I even own this?
- 20:29So I was stuck in all black again, recording myself
- 20:32describing the same uniform outfits that I've always worn
- 20:36since time in memorial. I wasn't on a journey of personal style
- 20:41discovery. I was trapped in the past and unable to leave.
- 20:48Avery Trufelman: Yeah. When you're confronted by your
- 20:49closet, you're confronted with all of your past selves. It's a
- 20:52way of, like, having to learn to live with your past, which is
- 20:58rough.
- 20:59Georgia Hampton: That's Avery again. And I wanted to talk to
- 21:02her about why the no buy challenge made me feel so bad.
- 21:07And she said that that's kind of the point.
- 21:11Avery Trufelman: This is something that I've been
- 21:13wrestling with for a very long time. And I think it's something
- 21:20that's so deep and fundamental, and it has to do with our
- 21:25relationship to our own desires, our own sense of fulfillment.
- 21:30And every time the promise of a new garment comes along, it's
- 21:33the promise of a new self. And that's part of, like, getting
- 21:38right with yourself, is, realizing, okay, understanding
- 21:41who you are, how much capacity you have for change, how much
- 21:45you have changed from the past. I mean, it's like existential
- 21:47stuff.
- 21:57Georgia Hampton: But it's tricky to know where and how I need to
- 22:00change when it comes to clothes. On the one hand, denying myself
- 22:04the desire that comes from shopping feels like ignoring key
- 22:08parts of myself, the parts of me that truly find joy in playing
- 22:12around with clothes. But on the other hand, I've been chasing
- 22:16that promise of a new self for years. I'd buy a black sweater
- 22:21and feel renewed for a minute, and then my eye would start
- 22:26wandering again.
- 22:27Avery Trufelman: It's part of why I don't do Instagram or
- 22:29TikTok because those things are like desire engines. I am going
- 22:34to look at these things. I'm going to see what other people
- 22:37have. I'm going to see how they comport themselves, and I am
- 22:40going to find some lack in myself. I'm going to I don't
- 22:44know.
- 22:44I was I was on Instagram for a little bit and immediately was
- 22:47like, oh, everything I do is wrong. Like, all my clothes are
- 22:50wrong. Everything I I need to change it all. So it's this,
- 22:54like, complicated wrestling with desire all the time. It really
- 23:00vexes me a lot.
- 23:04Georgia Hampton: I wasn't expecting to hear Avery, of all
- 23:07people, tell me that she goes through this push and pull of
- 23:10existential turmoil around clothes. But it's also exactly
- 23:15what I deal with too. Any video on TikTok, any Instagram story
- 23:20by a friend of a friend, I can't help myself but laser focus on
- 23:25their cool pair of shoes or that plaid sweater they have as a new
- 23:29potential purchase that I could make. And removing the
- 23:33possibility of continuing this practice forced me to contend
- 23:37with its spoils. Namely, confronting a closet full of a
- 23:42lot of the same stuff and lacking a lot of clothing I
- 23:45actually need.
- 23:47In a way, that's the no buy doing its job, by forcing me to
- 23:52look squarely at my closet without distraction. But my
- 23:56conversation with Avery made me realize that my discomfort
- 24:00didn't really feel like this big confrontation with desire. The
- 24:05thing that was so unbearably horrible about this process
- 24:10wasn't my wardrobe. It was documenting my outfits. But why?
- 24:16Why did that suck so much more than anything else? I was
- 24:22wrestling with this question when I talked to Kyle Chaeka,
- 24:25the columnist from The New Yorker, for my segment about
- 24:28having fun online. And in addition to his many other
- 24:31accolades, Kyle also wrote a book called The Longing for
- 24:35Less, which was about minimalism. So I figured I'd ask
- 24:39him this question. Why did documenting this process feel so
- 24:44terrible?
- 24:45Kyle Chayka: I mean, like you're you're dressing for the
- 24:49internet. You're performing this exercise in order to generate
- 24:53more content, which in a way is another form of stuff like,
- 24:58you're contributing to the general mess of the world by
- 25:00putting out another video even though it's about not buying
- 25:05stuff. So to me, improving your relationship with stuff should
- 25:10be about stripping away the layers and stripping away the
- 25:13like meta meta quality of the act on the internet and just
- 25:18confronting the thing itself.
- 25:20Georgia Hampton: So I mean, thinking of it that way, how do
- 25:22you succeed at a no buy challenge?
- 25:26Kyle Chayka: By not buying anything and then not posting
- 25:28about it.
- 25:44Georgia Hampton: By recording my daily outfits, I put myself
- 25:48under a microscope, scrutinizing something I do every day. And
- 25:53that started off okay. But over time, I got more judgmental,
- 25:58more self critical. And I was doing it because I felt like I
- 26:02was performing. By virtue of creating a document, I created
- 26:07an audience of myself and, I mean, you listening to this
- 26:13right now.
- 26:14It made everything a performance, and that
- 26:17performance did not come naturally to me. It felt
- 26:21horrible.
- 26:23Georgia, Field: Okay. So I'm just lying in bed right now
- 26:26thinking about outfits and how I can kinda play around more with
- 26:32my closet. And I felt myself feeling so stressed and so
- 26:37guilty. And I I I wanted to record myself kind
- 26:41Georgia Hampton: of going through this because, like, what
- 26:43the hell is this?
- 26:47Georgia, Field: Why why should I feel bad about this? And I think
- 26:51it's because I'm
- 26:52Georgia Hampton: doing this for every like, four people.
- 26:57Georgia, Field: I think I'm predicting judgment.
- 27:04Georgia Hampton: Every half baked criticism I had of my
- 27:06clothes gained a body and a brain and a voice. The second I
- 27:11realized I was documenting myself for an audience, I got
- 27:15lost in this mindset where, like Avery described, I worried that
- 27:19my clothes were wrong and that I needed to, quote, unquote, fix
- 27:22my closet. But rather than being dressed, I'd become fixated on
- 27:28getting dressed. And that's not the point of the no buy
- 27:31challenge. Videos show people who already have their outfit
- 27:36put together.
- 27:37And I'm sure they also stood in front of their closet and felt
- 27:40the way I felt, the all too common, ugh, I have nothing to
- 27:44wear feeling. But with a no buy, you're not supposed to show your
- 27:49work. You're supposed to show your cool vintage jacket. But I
- 27:54was sick of this show and tell from hell. It wasn't working.
- 27:59So after telling Avery about the challenge and the difference
- 28:03between getting dressed and being dressed, I did mention my
- 28:07personal experience. I don't think I told you this. I did try
- 28:12this.
- 28:13Avery Trufelman: I was gonna ask. Yeah. Okay. Let it go.
- 28:16Georgia Hampton: Well, I lasted about three and a half weeks.
- 28:23Avery Trufelman: Wow. Hey.
- 28:24Mike Rugnetta: That's pretty good.
- 28:26Georgia Hampton: But no, I'm serious. Too kind. You're too
- 28:28kind.
- 28:28Avery Trufelman: I'm really serious, though.
- 28:34Georgia Hampton: I had kind of assumed that Avery would chide
- 28:38me for giving up so quickly, but she didn't. And I'm grateful for
- 28:42that because I wanted to shut up the part of me that somehow
- 28:46still felt guilty. And it's a feeling I wrestled with a lot on
- 28:50the day when I stopped doing the no buy. So
- 28:57Georgia, Field: I did a bit of a whoopsie uh-oh yesterday.
- 29:02Went to a vintage market with a friend,
- 29:07and I did did buy a couple things.
- 29:15Georgia Hampton: I hear a chorus of booing. But listen. It feels
- 29:21a
- 29:22Georgia, Field: lot better doing this as in, like, buying
- 29:24something vintage than buying anything new. I'm very much
- 29:28gonna stick to that, but
- 29:32Georgia Hampton: I broke I broke no buy edge.
- 29:38Georgia, Field: I I betrayed you all, but
- 29:45Georgia Hampton: I don't know. You'll have to forgive me.
- 29:50Georgia, Field: Got a dress on today. That's all.
- 29:59Georgia Hampton: Let me tell you something. The difference in how
- 30:02I felt after going to that vintage market and, yes, buying
- 30:06that blue bomber jacket was astounding. And it wasn't just
- 30:12that I was buying stuff again and fueling that desire engine
- 30:15like before. I was intentionally deciding how this journey would
- 30:20look for me specifically. A no buy just wasn't going to work
- 30:25for me in the long term, and I had finally allowed myself to
- 30:28realize that.
- 30:29But I mean, the no buy also kind of worked because the stuff I
- 30:34bought at that vintage market was filling holes in my wardrobe
- 30:38I realized I had while doing my no buy. But now, I felt like I
- 30:44was actually able to do what I wanted to do in the first place.
- 30:48Get to know my closet is a way of getting to know my personal
- 30:51style, fill in some gaps, and have fun. I wanna play this one
- 31:03specific part of my conversation with Avery again.
- 31:06Avery Trufelman: That's part of, like, getting right with
- 31:08yourself. It's like realizing, okay, understanding who you are,
- 31:11how much capacity you have for change, how much you have
- 31:14changed from the past. I mean, it's like existential stuff.
- 31:21Georgia Hampton: I mean, that is exactly what I wound up doing.
- 31:25Just, you know, in a different way than I originally expected.
- 31:30I went into this whole experiment thinking that a no
- 31:33buy would inspire me to play, to be innovative, to challenge
- 31:37myself to get out of my fashion comfort zone. But what the no
- 31:41buy really showed me was that I had filled my closet with
- 31:45clothes that would never let me out of that comfort zone in the
- 31:48first place. And it certainly proved to me that performing,
- 31:52being dressed, even for an imagined audience, was not going
- 31:56to inspire me at all.
- 32:00The possibility of being observed as I struggled through
- 32:03this only made me scared that somehow I had already failed.
- 32:09Kyle was right about that. The only way, at least for me, to
- 32:14succeed at this process was to stop posting about it. Thank you
- 32:36to both Avery Truffleman and Kyle Chaeka for helping me
- 32:40through the maze of this no buy journey. In the end, I decided
- 32:45to switch from a no buy to a no new, as in only buying
- 32:49secondhand clothes.
- 32:50That felt really good. And it's honestly something I'm going to
- 32:53keep doing well past the seventy five day mark, which I reached
- 32:57on March 22. But I know this is only one of countless ways to
- 33:02reexamine your wardrobe. So I'd be very interested to hear about
- 33:06what has helped you connect with your style and with your
- 33:10relationship to clothes. I mean, I'm still looking for new
- 33:13tactics, so tell me what's been helpful.
- 33:15I wanna hear about it. All the ways to contact us are in the
- 33:19show notes.
- 33:54Hans Buetow: In the blue corner, weighing in at four pounds
- 33:58sixteen ounces is Jason's keyboard.
- 34:03Jason Oberholtzer: I can keep it. Jason, do
- 34:04Hans Buetow: you wanna tell us who we have?
- 34:06Jason Oberholtzer: How much my keyboard weighs? Is that what
- 34:08you want me to tell you? I think I have that. So today, I'll be
- 34:12typing on a high ground hunter x hunter performance 65% scale
- 34:16wired magnetic linear dynamic actuation switch gaming keyboard
- 34:20with rapid trigger Hisoka edition.
- 34:23Mike Rugnetta: I'm sweating. I'm sweating.
- 34:24Georgia Hampton: That thing's street legal?
- 34:26Hans Buetow: And in the red corner, the host of the show,
- 34:31the keyboard with the mostest, Mike Rugnetta. Mike, what you
- 34:34what are you packing over there?
- 34:35Mike Rugnetta: I am typing on a Royal Kluge r s 61 no. RK? Hold
- 34:40on. Let me check. Royal Kluge r k 61 mechanical keyboard.
- 34:45Hans Buetow: Mike, take your corner in the right. Jason, take
- 34:48your corner in the left.
- 34:49Jason Oberholtzer: Alright. I'll see you in hell.
- 34:50Hans Buetow: Gentlemen, position your microphones.
- 34:52Mike Rugnetta: Jason, I think we can still be friends after this.
- 34:54Jason Oberholtzer: We'll see about that.
- 34:56Georgia Hampton: This is the last episode of the show.
- 34:59Hans Buetow: Alright. Bring up monkeytype.com. Are the
- 35:04competitors ready? Hold your hands up. I wanna see hands up.
- 35:06Hands up in the screen. And I want you to start typing in
- 35:10three two one go.
- 35:27Georgia Hampton: Experience of
- 35:28Hans Buetow: this. Yeah.
- 35:29Mike Rugnetta: This is pretty brutal.
- 35:30Hans Buetow: Mike's eyes are locked.
- 35:31Jason Oberholtzer: Turns out these scale difference matters.
- 35:34Hans Buetow: Jason's eyes are going up and down. Up and down.
- 35:37Look at that from Jason. Oh. You should have got
- 35:41Georgia, Field: those little cover covers.
- 35:42Mike Rugnetta: Oh, My space bar doesn't work.
- 35:45Hans Buetow: Oh, this oh,
- 35:47Mike Rugnetta: no. Oh, this is flag on play.
- 35:49Hans Buetow: Oh. That's right. That's right. Keyboard down.
- 35:52Keyboard down.
- 35:53Georgia Hampton: Technical difficulties. Yes. Someone get a
- 35:56medic.
- 35:57Jason Oberholtzer: Ahsoka wouldn't stop for you, and I
- 35:59won't either.
- 36:03Mike Rugnetta: Oh my god. This is oh my god. This is tragic. I
- 36:07have to push so hard on the space bar. This is what I get
- 36:12for buying a used keyboard.
- 36:15This is
- 36:15Hans Buetow: not what it sounds like when we are in production
- 36:17meetings normally. Normally, everyone's Hans, why are you
- 36:20lying? Every
- 36:23Jason Oberholtzer: time I look down, the changing lights
- 36:24distract me. Oh my. I'm done.
- 36:28Mike Rugnetta: I'm not I am not even close. Not even close.
- 36:33Hans Buetow: Jason. Wow.
- 36:36Mike Rugnetta: I did not get to 50 words.
- 36:38Hans Buetow: What? Was it a space bar issue? Was this an
- 36:40equipment failure?
- 36:41Mike Rugnetta: Yes. It was a space bar issue.
- 36:43Georgia Hampton: Hate to see it, folks.
- 36:45Mike Rugnetta: Hate to see it. It is a poor competitor who
- 36:47blames their tools.
- 36:48Jason Oberholtzer: It's almost like somebody with the nen
- 36:50ability bungee gum made your space bar a little sticky.
- 36:55Georgia Hampton: We'll run that one by the stewards.
- 36:59Mike Rugnetta: Jason, well played. Just don't ask my
- 37:02accuracy score.
- 37:03Georgia Hampton: No. I gotta know. I gotta know since we're
- 37:06now competitors.
- 37:09Jason Oberholtzer: 67%. Not great.
- 37:13Georgia Hampton: Well, it will be a pleasure to to fight
- 37:15against you, Jason.
- 37:17Mike Rugnetta: Type. Type type again type against Georgia
- 37:19unless you have other plans.
- 37:20Georgia Hampton: Well, I'm on my way. Let's just say that.
- 37:25Hans Buetow: Stay tuned for more drama.
- 37:43Mike Rugnetta: The internet is infrastructure, obviously. Wires
- 37:47in buildings full of machines and people in those buildings
- 37:50making websites, but it's also an institution. In the sense of
- 37:56it being a practice, a set of relationships between things.
- 38:01Something that is done versus something that simply is. And as
- 38:06we're learning now in many different ways across the world,
- 38:10institutions can be surprisingly fragile and their continued
- 38:14existence can depend on not very much at all really.
- 38:19Some spit in paper clips, toothpicks and bubble gum. In a
- 38:24sense, the internet as you and I know it at least is humming
- 38:27along because no one has pressed too hard on any particular
- 38:32toothpick. One of which is called section two thirty.
- 38:37Senator Dick Durbin, democrat from Illinois, and senator
- 38:41Lindsey Graham, republican from South Carolina, are gearing up
- 38:44to put forward legislation possibly as soon as this week
- 38:48that would repeal section two thirty. We wanted to understand
- 38:52more fully what section two thirty does, why it's so
- 38:56important, and why politicians might wanna get rid of it and in
- 39:00so doing potentially completely reshape the internet.
- 39:05So we talked with Tech Dirt's founder, Mike Masnik. Joining us
- 39:24is Mike Masnik, the CEO and founder of the Copia Institute,
- 39:29a tech law and speech think tank which operates the blog Tech
- 39:32Dirt that reports on the legal and policy issues faced by the
- 39:36tech industry with particular focus on privacy, free speech,
- 39:39and copyright. Since August 2024, Mike has also been on the
- 39:43board of the microblogging social media platform Blue Sky.
- 39:47His white paper protocols not platforms, a technological
- 39:51approach to free speech in part inspired the creation of Blue
- 39:55Sky. He's also the host of Otherwise Objectionable, a
- 39:59podcast about the origins of the tech boom, debates over speech
- 40:02and liability online, and section two thirty, which is
- 40:07what we're gonna be talking about here today.
- 40:09Mike, I'm a big fan of you and your work. I've been following
- 40:11you for a long time, so I really appreciate you coming on the
- 40:14show to talk to us.
- 40:15Mike Masnick: Yeah. Thanks for having me. I'm always interested
- 40:17in talking about this stuff with smart knowledgeable people, so
- 40:20Well,
- 40:20Mike Rugnetta: we'll see. Don't let's not
- 40:21Hans Buetow: get ahead of ourselves here.
- 40:22Mike Rugnetta: So you're here to talk to us about section two
- 40:26thirty. For listeners to the show who might not know what
- 40:29section two thirty is, it was included in the Communications
- 40:32and Decency Act of 1996, and it reads as follows. It's very
- 40:37short. No provider or user of an interactive computer service
- 40:42shall be treated as the publisher or speaker of any
- 40:46information provided by another information content provider.
- 40:51And I've seen you and other people describe this as
- 40:55essentially 25 words which make the Internet as we know it
- 40:59possible.
- 41:01And before we talk about why someone would want to change or
- 41:05repeal this, I was wondering if you could just tell us what it
- 41:08was intended to do at the time. Like, what do these 25 words
- 41:11mean?
- 41:12Mike Masnick: So it's 26 words.
- 41:13Mike Rugnetta: 26. I didn't count right. Okay. Thank you for
- 41:17the thank you for the life hack check. Yes.
- 41:20Mike Masnick: And there were a few different concerns about the
- 41:25Internet going on in the nineteen nineties. The Internet
- 41:28is early. The World Wide Web has just started. There are other
- 41:31aspects of the Internet that has existed, and everyone's sort
- 41:33trying to figure out what to do about it. And what became
- 41:36section two thirty, which was not designed to be part of the
- 41:40Communications Decency Act, It was designed to be its own
- 41:42standalone act to say, if you are an interactive computer
- 41:46service that you are hosting other people's content, you
- 41:49can't be held liable for that content.
- 41:52There is a little bit more to that law. It's not just those 26
- 41:55words. Mhmm. But, you know, the idea was like, this is a better
- 41:57approach. What we're saying is that if you're running an
- 41:59Internet service, you can choose to take down any content that
- 42:03you want.
- 42:03You can choose to leave up any content that you want. You can
- 42:06choose to use all different kinds of tools and resources to
- 42:09to allow users to filter. You can sort of empower everyone.
- 42:13You can empower the companies to make their own decisions in
- 42:15terms of, like, what types of communities do they want. If
- 42:18they wanna create a gardening community.
- 42:19Right? Can they say, like, no posts that aren't gardening, or
- 42:22is that is that introducing liability? You know, part of
- 42:2502/30 was like, yeah. You can create a gardening community,
- 42:28and you can ban nonverbal speech. Yeah.
- 42:30You could
- 42:31Mike Rugnetta: do what you want if someone comes in and they
- 42:32start wanting to talk about, like, building car engines or
- 42:34whatever.
- 42:35Mike Masnick: Exactly. And so the house supported it, and so
- 42:39they passed it. Yeah. And so then you had two laws. You had
- 42:42the senate had passed this this crazy sensorial law that was
- 42:46like, take down everything.
- 42:48Anything bad is illegal. And then you had this house bill
- 42:52that was, you know, let there be Do whatever you want. Yeah. To
- 42:56to to create the communities that you want. And the congress
- 43:00and its ridiculous non wisdom, they took these two approaches
- 43:04that that directly conflict with each other and just put them
- 43:07together.
- 43:08And then the the Cox Wyden bill became part of the
- 43:11Communications Decency Act, even though it was designed to be the
- 43:14opposite and opposing the Communications Decency Act. So
- 43:17then you had this one bill altogether. Yeah. But then the
- 43:21ACLU challenged all of the senate side of it, which got
- 43:24tossed out nine nothing by the Supreme Court, and all that was
- 43:27left was section two thirty.
- 43:29Mike Rugnetta: Wow. And so my understanding, you know, to just
- 43:32talk about, like, who benefits from the protections provided by
- 43:34two thirty and what kinds of things that it does, It's not
- 43:37just being able to moderate content level, decisions, like
- 43:42posts that people make. This is also what allows, say, like
- 43:46Gmail to implement spam filters, because that is a way of
- 43:50determining what sorts of messages get and do not get to
- 43:54an end user. Is that right?
- 43:55Mike Masnick: Yeah. Who it benefits honestly is is everyone
- 43:58who uses the Internet. Yeah. It's it's it's hard to explain
- 44:02how much it benefits people. Early on, there were lawsuits
- 44:06from people whose emails were caught in spam filters, and they
- 44:09said, you know, we're we're suing this.
- 44:11You know, it's defamatory to call our email spam.
- 44:13Mike Rugnetta: Right.
- 44:14Mike Masnick: And, you know, those got thrown out on two
- 44:17thirty grounds. And if they didn't, like, that would be
- 44:19terrible. It it it goes even further than that because, you
- 44:22know, one of the elements of two thirty that is often missed, and
- 44:25these are two of the 26 words that are in the law, is it's not
- 44:30just about interactive communication services. It's
- 44:33also about users. So it's or users.
- 44:36And so if you retweet something, you are protected. You don't get
- 44:41sued. If you retweet something that's defamatory, you're
- 44:43protected. The person who made the speech can still be, you
- 44:46know, held viable for for defamation. But also if you
- 44:50forward an email, and there were Yeah.
- 44:51Some of the early cases about 02:30 was someone received an
- 44:55email making accusations about someone else and they forward it
- 44:58to a mailing list. And the question was, who is liable for
- 45:02the, you know, potentially defamatory accusations in the
- 45:05email? Is it the person who wrote the the email or is it the
- 45:08person who forwarded it?
- 45:09Mike Rugnetta: And so because it says no provider or user of
- 45:12interactive computer service Exactly. You're fine.
- 45:15Mike Masnick: Yeah. So what it is saying is that whoever
- 45:17created the content, they are liable, not the person who just
- 45:22sort of passed it along.
- 45:23Mike Rugnetta: Yeah. So, I mean, 02/30 has been it seems like
- 45:28since its inception now, a perennially challenged piece of
- 45:33law. Like, it's always on the senatorial chopping block in one
- 45:36way or the other. And it's funny. It's like, it was started
- 45:39as a bipartisan project and now has had bipartisan criticism.
- 45:44Mike Masnick: Yes.
- 45:45Mike Rugnetta: For its entire history. Like, what what is it
- 45:48about two thirty that makes it sort of, like, stick in the craw
- 45:52of so many lawmakers? Why why does it keep coming back up?
- 45:57Mike Masnick: Yeah. It's really, you know, around twenty fifteen,
- 46:00twenty sixteen that things began to change. And and, again, on
- 46:05both sides. Right? You have both the Democrats and the
- 46:07Republicans being mad about it.
- 46:09And the reality is that it appears to be that both of them
- 46:12want to control the Internet better for their own interests.
- 46:17You know, the First Amendment is there and it protects lies and
- 46:20disinformation with a few exceptions. Very narrow
- 46:22exceptions. There's obviously defamation. There's fraud.
- 46:25There are things like that. What the Democrats tend to be mad
- 46:29about is that social media companies were not more
- 46:33proactive in trying to take down the the disinformation, which
- 46:37again is not entirely true, which is where the Republicans
- 46:40got mad at all of it. Because especially, you know, post
- 46:45twenty sixteen election, there were lots of concerns about
- 46:48election misinformation, election disinformation. And
- 46:51because the public spoke out about it, because the media
- 46:54spoke out about it, and importantly, because advertisers
- 46:57began to pull their advertisements from Facebook and
- 47:01from Twitter and saying, like, we won't support a platform that
- 47:04is pushing election disinformation. Yeah.
- 47:07The companies themselves had a business reason to actually try
- 47:11and tackle that. The response then though was Republicans
- 47:14freaking out and saying this is censorship.
- 47:18Mike Rugnetta: Because they're because they are saying it's a
- 47:19it's a political position and not incorrect information being
- 47:23right, of course.
- 47:24Mike Masnick: The reality is that the scale of the process of
- 47:26what's called now trust and safety of handling this kind of
- 47:30information is beyond your imagination. It is an impossible
- 47:34problem, and mistakes are going to be made. And some of the
- 47:36mistakes are just because people disagree subjectively over does
- 47:39this cross the line or not. Some of it is just because the
- 47:42frontline people have, like, fifteen seconds to make a
- 47:45decision on some of these things.
- 47:47Mike Rugnetta: Yeah.
- 47:47Mike Masnick: Right? And and you're never going to be able to
- 47:49get all those things right. But section two thirty, part of the
- 47:52importance of it is it says, like, if you make a mistake
- 47:56because you're going to make mistakes, you're going to make
- 47:58many mistakes every day, you don't get punished for it.
- 48:01Mike Rugnetta: Yeah.
- 48:01Mike Masnick: If you were to take that away, that actually
- 48:04makes it more difficult to moderate content because any
- 48:08mistake could create the potential for legal liability.
- 48:12And so, you know, the the result then would be taking away
- 48:16section two thirty depending on how you look at it. There's a
- 48:18few different things of where it could go. But one aspect of it
- 48:21is that many sites would then decide not to look. Yeah.
- 48:25If they don't moderate at all, then they cannot be held liable
- 48:29under the First Amendment. And so the incentive then is to just
- 48:33look the other way and try not to find out any of the bad
- 48:35content. And then your website gets filled with spam. And
- 48:39again, like, you know, if this is supposed to be a gardening
- 48:42forum and you can't weed out spam or off topic subjects or
- 48:48anything like that, or you might introduce liability, it it would
- 48:52be impossible, and we would not have the kind of openness of the
- 48:55Internet that you want. So either you get to that point
- 48:58where you do no moderation at all
- 48:59Mike Rugnetta: And you have just a complete cesspool, like, murky
- 49:02swamp of everything.
- 49:04Mike Masnick: Garbage. Awful. Nobody even likes it. Even the
- 49:06people who are like, no. We don't want any censorship.
- 49:08Mike Rugnetta: They wouldn't like it.
- 49:09Mike Masnick: They wouldn't like the spam. Or you have sort of
- 49:12the Netflix style Internet, which is like, okay. This is
- 49:15just purely broadcast. We are just picking and choosing the
- 49:18few things that you are able to see, and it's not an interactive
- 49:22service. It's now a broadcast service.
- 49:24Mike Rugnetta: So I mean, that completely without 02:30, the
- 49:28way the Internet looks completely changes, basically,
- 49:30overnight.
- 49:31Mike Masnick: Exactly. Yeah. It is a very, very different
- 49:33Internet.
- 49:34Mike Rugnetta: The people who do wanna get rid of it, why do they
- 49:38want that? Or do they not actually want it?
- 49:41Mike Masnick: I don't think anyone really wants it, but I
- 49:44don't think they fully understand the implications of
- 49:46it.
- 49:46Jason Oberholtzer: Okay.
- 49:46Mike Masnick: And so, you know, I think a lot of it is just
- 49:49control. Right? That that these people want the Internet to be
- 49:53in the image of what they want. And often with critics of of
- 49:58section two thirty, they have very strong feelings of what the
- 50:00Internet should look like in their ideal world. And it
- 50:04doesn't because people are terrible sometimes and people
- 50:07are different.
- 50:08But a lot of people think, well, if only the Internet match my
- 50:11view of what it should be, then it would be great. And the best
- 50:14way to get there is to remove two thirty.
- 50:17Mike Rugnetta: But really what they're saying is like, if only
- 50:19there were no people who bothered me in the world.
- 50:21Hans Buetow: Yes. Yes. Okay. Got it. Great.
- 50:23Mike Masnick: It's an unrealistic view of the world,
- 50:26but I don't think they're fully understanding the implications
- 50:29of it or how the Internet works fully, how section two thirty
- 50:33works, and and how the the First Amendment underlies both of
- 50:35those.
- 50:36Mike Rugnetta: And who is it that is making this push now?
- 50:38Who's the group of people behind it?
- 50:40Mike Masnick: So there are a number of politicians, again, on
- 50:42both sides of the political aisle who have been gunning for
- 50:45section two thirty for a while. On the Republican side, you have
- 50:50Lindsey Graham, Josh Hawley, Marsha Blackburn to some extent.
- 50:54Ted Cruz really was one of the first to to come out and really
- 50:58yell about section two thirty, completely misrepresenting it,
- 51:01by the way, as as part of the that process. On the Democratic
- 51:05side, you have Richard Blumenthal from Connecticut,
- 51:09Dick Durbin, Amy Klobuchar. But so you have this sort of
- 51:13bipartisan approach
- 51:15Hans Buetow: Yeah.
- 51:15Mike Masnick: To getting rid of section two thirty. And now the
- 51:17proposal that that we're expecting to come out soon, in
- 51:21theory, is one that will be headlined by Graham and Durbin,
- 51:25bipartisan, and the plan is to sunset section two thirty and
- 51:29basically say, by the end of twenty twenty seven, we would
- 51:32just wipe out section two thirty and it would be gone from the
- 51:36laws on the books.
- 51:37Mike Rugnetta: So listeners to the show will recognize
- 51:39Blumenthal and Blackburn is also having been involved in COSA
- 51:44Yes.
- 51:44Mike Masnick: Which is
- 51:44Mike Rugnetta: part of another sort of like moral panic of like
- 51:46the Kids Online Safety Act, we have to protect children. Again,
- 51:49from pornography and sex trafficking and various content
- 51:53level evils, which much like Fosta Sesta, a lot of its
- 51:57critics will say will cause more problems than it will solve,
- 52:00pushing things further into the fringes. In that group that you
- 52:04just mentioned, I think it was Durbin who had also said, you'll
- 52:08correct me maybe if I'm wrong, that it's like, we're gonna set
- 52:11a date, it will sunset by 2027, but we don't actually want that
- 52:18to happen. We don't we're not we don't actually want to get rid
- 52:22of two thirty. What we want is for the social media platforms
- 52:27to come and talk to us about regulation.
- 52:29Can you what is in
- 52:33Hans Buetow: in a word,
- 52:34Mike Rugnetta: what like, why write a law? Why write
- 52:37legislation if you don't actually want it to happen?
- 52:41Mike Masnick: Yeah. It it is very much the give us what we
- 52:43want or we'll shoot the Internet kind of of a Yeah.
- 52:47Mike Rugnetta: Really is like a it's like a hostage situation,
- 52:49really. And, like, it's not, you know, they're using the back end
- 52:53of a screwdriver as a hammer. Like Yes. What like, why? Do you
- 52:57like
- 52:58Mike Masnick: Yeah. Instead of recognizing that the problem is
- 53:01them and that they don't really understand what they're doing,
- 53:03they're blaming because it's easy to do this, they're blaming
- 53:06big tech and saying, like, oh, big tech lobbyists. Every time
- 53:10we try and change section two thirty, the big tech lobbyists
- 53:13descend and they're too powerful and it's like this big deal. And
- 53:18so, therefore, we have to, like, give them an ultimatum. And the
- 53:22only way to give big tech an ultimatum is to try and take
- 53:24away two thirds entirely.
- 53:26Mike Rugnetta: Which is just extremely not true.
- 53:29Mike Masnick: Right. Mark Zuckerberg has come out and
- 53:31said, and Facebook or Meta's, you know, official stance is
- 53:34that the law should be changed. And the ways that they are
- 53:38suggesting changing it would effectively dismantle section
- 53:42two thirty. And people say, well, why would they do that if
- 53:45that's going to lead to more liability for them? The reality
- 53:48is that what section two thirty does well, it protects smaller
- 53:53platforms much more than it protects bigger platforms.
- 53:56Mhmm. The bigger platforms may face more legal threats without
- 54:02section two thirty and more liability, but the First
- 54:04Amendment will still protect them. The difference is that in
- 54:08a section two thirty case where a platform can use section two
- 54:12thirty, you can get it dismissed at the earliest stage. It
- 54:15probably costs a company about a hundred thousand dollars to get
- 54:18a case dismissed on two thirty grounds. If you're getting a
- 54:22case dismissed on first amendment grounds, it's much
- 54:24more involved.
- 54:25It goes deeper into the process. You have to do a bunch of other
- 54:27things. It's probably more along the lines of $2,000,000.
- 54:30Mike Rugnetta: So all the small platforms can't afford that?
- 54:35Exactly. They're gonna go away. Yeah. Right.
- 54:37Which Facebook loves.
- 54:38Mike Masnick: Which Facebook absolutely loves because right
- 54:41now Facebook is losing users, and they're finding that there
- 54:44is more and more competition that is a problem for them. But
- 54:48Facebook also has a building full of lawyers. Right? If they
- 54:52start facing a whole bunch of lawsuits that are about
- 54:552,000,000 a pop that they're going to win, and they know
- 54:57they're going to win because the First Amendment will still
- 54:59protect them, they can afford many of those lawsuits and
- 55:03they'll just go to court and they'll win. And it'll cost
- 55:05them, you know, whatever, $50,000,000.
- 55:07That's pocket change.
- 55:08Mike Rugnetta: Yeah. Couch couch cushion money.
- 55:10Mike Masnick: Exactly. But for smaller companies, for others,
- 55:13you know, for little forums, for any new competitor that is
- 55:17coming up, that is existential. You get one or two of those
- 55:20lawsuits, many of those will go out of business.
- 55:24Mike Rugnetta: So I have two follow ups to this. One is just
- 55:26sort of like, I have a side question and then an actual
- 55:29follow-up. The side question is like, is this also a way it
- 55:33seems like they're already going this way, but is this also a way
- 55:36for Facebook to be like, listen, we didn't wanna moderate
- 55:38anything anyways. So we we're we could just get to stop and that
- 55:42rules.
- 55:43Mike Masnick: Yeah. Oh, absolutely. I mean, I think they
- 55:45would love it.
- 55:46Mike Rugnetta: Yeah. My, my actual follow-up is from the
- 55:51perspective of someone who is a lawmaker and who is ostensibly
- 55:54invested in the health of the American economy, which, like,
- 55:58at this moment, that might be a strange thing to claim a
- 56:01lawmaker is interested in. But Yeah. Do they just not know that
- 56:05this is a a, like, death blow to the kind of economic development
- 56:10that has been, like, really, like, the signature
- 56:12accomplishment of the country for the last thirty years, or do
- 56:16they think that they're helping that in some way?
- 56:20Mike Masnick: It it's a little unclear to me, and I think there
- 56:22are different motivations for different different ones. I
- 56:25think there is the moral panic aspect of it. There are a number
- 56:28of groups who are really focused on things like child safety. I
- 56:31think they're incorrect in thinking that two thirty is the
- 56:35problem when actually two thirty is what allows companies to
- 56:38experiment and try and figure out ways to protect children and
- 56:41to do more to keep children safe online without facing legal
- 56:44liability. There's also the entertainment industry,
- 56:48Hollywood and the record labels spent many years fighting the
- 56:52Internet companies over copyright issues, and mostly
- 56:56lost.
- 56:57And some of the Hollywood Lobbyists effectively decided,
- 57:01well, now we lost the copyright fight, but we're going to
- 57:04destroy tech companies however we can, and section two thirty
- 57:08is is our next target. And so suddenly, you had these people
- 57:11who had been fighting on copyright stuff suddenly showing
- 57:14up in congress experts. And I was like, you have no knowledge
- 57:18or experience with section two thirty. Why are you testifying
- 57:21as a section two thirty expert? And so you have elements of both
- 57:25of those in this effort to to undermine two thirty.
- 57:27You have the people who see it as like, oh, we're gonna profit
- 57:30from this, and you have the people who are making the sort
- 57:32of moral arguments incorrectly, I think, where they don't really
- 57:35understand the the nuances and complexities here.
- 57:39Mike Rugnetta: What other tools do lawmakers have to get this
- 57:42work done instead of threatening two thirty? Like, are there
- 57:45other ways for them to get what they want?
- 57:47Mike Masnick: I actually do think there are a lot of tools,
- 57:49most of which are totally ignored. And I have been working
- 57:53on a paper of like all the tools that that politicians should
- 57:56look at before they get to two thirty. Oh, wow. But I've been
- 57:59working on it forever, and and I never get it done because so
- 58:01much other stuff is happening.
- 58:03Hans Buetow: We shouldn't have had you on this podcast. You're
- 58:06we've taken fifty five very important minutes from your
- 58:09life.
- 58:11Mike Masnick: But it's you know, there are a whole bunch of other
- 58:14tools. Obviously, like antitrust is a big one. Right? If you're
- 58:16worried that companies are getting too big, you have
- 58:18antitrust tools that you can use. Bigger ones though, I
- 58:21think, are even more important.
- 58:23There's there's a law called the CFAA. And I bring this up all
- 58:26the time and everyone stares at me blankly and they're like,
- 58:28what is that? The CFAA is the Computer Fraud and Abuse Act.
- 58:31And it was written in theory to to stop computer hacking. It's
- 58:36very poorly written and it's very vague and it's been abused
- 58:39in all sorts of ways.
- 58:41Because it talks about authorized or unauthorized
- 58:43access. And what is authorized access? Well, somebody says,
- 58:46well, if you violate the terms of service, that's no longer
- 58:49authorized access, and we can sue you for computer hacking.
- 58:52But where that has become really a big problem, I think, and I'll
- 58:56go back to Meta as the example of this, which was in the sort
- 59:00of, you know, 02/2010 time frame. I forget exactly when
- 59:03this started.
- 59:04There was a company called Power Ventures that they had created a
- 59:06dashboard that let you look at multiple social media back when
- 59:09there was most multiple social media in one unified interface.
- 59:14You gave power your logins and it would go log in to Meta and
- 59:18or not Meta then, Facebook and and whatever else was out there
- 59:21and give you a single unified dashboard. Facebook sued them
- 59:25claiming that they violated the computer fraud and abuse act
- 59:28because they claimed it was unauthorized access. I don't
- 59:30think it was unauthorized access because the user themselves was
- 59:33providing their own logins. They were giving authorization for
- 59:36that.
- 59:37But they won. And that sort of stripped out the ability for
- 59:41there to be, you know, a way to get out of of the Facebook silo.
- 59:45Right? You know, I also think, like, patent law has often been
- 59:48used to shut down competition. The issue inherent in all of
- 59:52this is who is controlling your experience online, and people
- 59:56are upset about certain billionaires in the in most
- 59:59cases, you know, controlling your experience and
- 1:00:02manipulating.
- 1:00:04Yeah. Manipulating what you see or what you don't see. Right?
- 1:00:06That's the underlying concern that I think a lot of people
- 1:00:08have and it's legitimate. But the way you get around that is
- 1:00:11if there is real competition and if you can still communicate
- 1:00:14with people without having to be pulled into the manipulation
- 1:00:17engine part of it.
- 1:00:19And so patent law, CFAA, there are antitrust in some cases.
- 1:00:24There are ways to deal with that that isn't break the entire
- 1:00:29Internet.
- 1:00:30Mike Rugnetta: Sure. So the future at this point is, like, a
- 1:00:32little bit uncertain. We know that legislation may be incoming
- 1:00:36at some point or another. We don't know exactly when. Like,
- 1:00:40what should people look out for?
- 1:00:41Like, what is the next six months to a year look like?
- 1:00:46Mike Masnick: Yeah. Well, to some extent, I wish I knew.
- 1:00:48Mike Rugnetta: Yeah. Of course.
- 1:00:49Mike Masnick: It would let me plan stuff a little bit better.
- 1:00:52It it does come a little bit haphazardly. You know, the issue
- 1:00:54really is what is congress gonna do? And so watching what is
- 1:00:59coming out of the senate in particular, and just seeing
- 1:01:02where these things go. And I would say being very careful
- 1:01:05about, you know, who you trust on these issues.
- 1:01:09We need people out there speaking about how important the
- 1:01:12Internet and the ability to speak is and the ability to use
- 1:01:15alternative services, whether it's small forums or alternative
- 1:01:18social media, how important that is, you know, people really need
- 1:01:21to speak up about it.
- 1:01:23Mike Rugnetta: So in addition to your show, otherwise
- 1:01:25objectionable, what are the other places that people can go
- 1:01:27online to learn more about this?
- 1:01:29Mike Masnick: So, obviously, Tech Tirt, I've been writing
- 1:01:31about it forever. Yeah. And so you can follow me there. I am on
- 1:01:35Blue Sky, and so I'm often commenting there on it. There
- 1:01:39are lots of other excellent people who are covering this
- 1:01:41stuff.
- 1:01:42Eric Goldman is a professor at Santa Clara law professor at
- 1:01:45Santa Clara University. He has a blog that covers almost every
- 1:01:49section two thirty case. It's like the best database of what's
- 1:01:51going on. Jeff Kosseff, is a law professor at the Naval Academy,
- 1:01:55wrote the book, The 26 Words That Created the Internet. He's
- 1:01:58been following this stuff closely.
- 1:02:00EFF, as an organization, has obviously been paying close
- 1:02:03attention to this. The ACLU, brought the original case that
- 1:02:06that got the Communications Decency Act cost out. All of
- 1:02:10them have been following this and working on these issues. All
- 1:02:14of them are worth following, and they do an excellent job of
- 1:02:17keeping people up to date on these things.
- 1:02:19Mike Rugnetta: Great. We'll put links to all those things in the
- 1:02:21show notes. And, yeah, we'll put Tech Dirt right at the top.
- 1:02:23Can't co cosign, I've been reading it for years, and it's
- 1:02:27an indispensable source for all of this stuff. So thank you for
- 1:02:29all of your hard work.
- 1:02:31Always appreciate that. That goes constantly to the
- 1:02:33grindstone.
- 1:02:56Hans Buetow: Let's get ready to cookie clack. It's a beautiful
- 1:03:03day here for the final round of the team takes sighting tests
- 1:03:08Mike Rugnetta: on Neverpost. In the blue corner, Georgia
- 1:03:13Hampton. Ow. Ow. Ow.
- 1:03:15With an accuracy of 92%. Oh.
- 1:03:18Georgia Hampton: I know
- 1:03:18Hans Buetow: that's right. That's a lot to come
- 1:03:20Georgia, Field: up against. Right.
- 1:03:21Hans Buetow: It's gonna be tough for our other competitor, Jason
- 1:03:24the whip fingers overholzer.
- 1:03:29Mike Rugnetta: Good try, Hans. Nice. Nice one. With an accuracy
- 1:03:32of redacted. That's none of your
- 1:03:35Jason Oberholtzer: Not accuracy. It's about vibes.
- 1:03:37Hans Buetow: But, Mike, how do you like the chances of each of
- 1:03:39these two competitors?
- 1:03:40Mike Rugnetta: You're asking me to choose a child and I refuse
- 1:03:43to, but Georgia is gonna smoke Jason.
- 1:03:48Jason Oberholtzer: I am going to try to get an accuracy at least
- 1:03:52above 80, which will slow me down. But I think it is a more
- 1:03:56fair way to do this competition.
- 1:03:58Mike Rugnetta: Jason is going for the political victory. You
- 1:04:00know why I lose?
- 1:04:03Jason Oberholtzer: Because I chose to.
- 1:04:05Georgia Hampton: It's actually ethically
- 1:04:07Jason Oberholtzer: Yeah.
- 1:04:07Mike Rugnetta: Better. Alright. Georgia, to your corner in the
- 1:04:10left. Jason, to your corner in the right.
- 1:04:13Jason Oberholtzer: Here I go.
- 1:04:14Mike Rugnetta: I wanna see hands up. You're gonna start typing on
- 1:04:18type. Ready? 321. Type.
- 1:04:26Hans Buetow: Oh. Oh, it's a strong showing.
- 1:04:30Mike Rugnetta: Jason looking down not as much as
- 1:04:32Hans Buetow: last much. Yeah. He's more comfortable. He looks
- 1:04:34way more comfortable on this on this smaller scale.
- 1:04:37Mike Rugnetta: I will say Georgia is statuesque.
- 1:04:40Hans Buetow: I now see what I was up against, and, I never
- 1:04:43stood a chance.
- 1:04:44Mike Rugnetta: Jason, looking like he's having a good time.
- 1:04:47Hans Buetow: Yeah. Oh, some deep breaths. Some deep breaths.
- 1:04:49Mike Rugnetta: Got enough. Yeah.
- 1:04:50Jason Oberholtzer: I understand it now.
- 1:04:51Hans Buetow: Yeah. Yeah. He's got it. This, it looks like the
- 1:04:53strategy of improving his accuracy might be paying off for
- 1:04:57him.
- 1:04:58Jason Oberholtzer: I understand it now.
- 1:05:03Hans Buetow: This this is close to yeah. This is what you like
- 1:05:05to see, folks, in the final. This is it. To the wire. Both
- 1:05:08competitors strong, coming in hot,
- 1:05:10Mike Rugnetta: giving it their all. And
- 1:05:19Hans Buetow: it's coming down to the wire. We're getting close.
- 1:05:38Jason Oberholtzer: I was 92 words in.
- 1:05:40Hans Buetow: So close.
- 1:05:41Jason Oberholtzer: Well played, Georgia.
- 1:05:43Georgia Hampton: And that's a
- 1:05:44Jason Oberholtzer: Good job.
- 1:05:44Georgia Hampton: A 94% accuracy.
- 1:05:46Mike Rugnetta: Wow. Folks, she just keeps getting better.
- 1:05:50Jason Oberholtzer: 71% accuracy trending in the right direction.
- 1:05:54Okay.
- 1:05:56Mike Rugnetta: The next time we do this, we should do it on a
- 1:05:58mobile keyboard.
- 1:06:00Hans Buetow: Oh god.
- 1:06:00Mike Rugnetta: Georgia Hampton, congratulations.
- 1:06:03Hans Buetow: Congratulations, Georgia. Thank you.
- 1:06:04Mike Rugnetta: As your prize, just mail your keyboard to us,
- 1:06:07and we'll dip it in gold for
- 1:06:08Mike Masnick: you.
- 1:06:08Georgia Hampton: Perfect. I never wanna see this thing
- 1:06:11again.
- 1:06:34Mike Rugnetta: That is the show we have for you this week. We're
- 1:06:36gonna be back here in the main feed on Wednesday, April 9 for
- 1:06:39$4. You can get a single McDonald's Big Mac in the year
- 1:06:4402/2002. Though strangely not February or 02/2001 when they
- 1:06:48were more than $4. For $4, you can get a venti chai tea at
- 1:06:53Starbucks in 2014.
- 1:06:56For $4, you can get a Mexican pizza combo at Taco Bell in
- 1:07:0202/2001 or for $4, you could get a membership to never post right
- 1:07:08now and support your friendly local Internet media and tech
- 1:07:12criticism podcast. Sure. You'll get an ad free feed of the show.
- 1:07:16Sure. You'll get extended segments and interviews.
- 1:07:20Sure. You'll get sideshows like our watch along pod Neverwatch
- 1:07:24or our sleep aid pod slow post. Sure, Hans will call you and
- 1:07:29personally tell you that he loves We're we're not we're not
- 1:07:34doing that one anymore. Really? I still think it's okay.
- 1:07:39Fine. Fine. Fine. Okay. Sorry about that.
- 1:07:44Well, I love you. And I'll love you more if you become a member.
- 1:07:49NeverPoe.st, 4 dollars a month. Membership, it's good for the
- 1:07:54soul. Neverpost's producers are Audrey Evans, Georgia Hampton,
- 1:08:00and the mysterious doctor first name last name.
- 1:08:03Our senior producer is Hans Buto. Our executive producer is
- 1:08:06Jason Oberholzer, and the show's host, that's me, is Mike
- 1:08:10Rignetta. By the sparklet of certain ciliates, cesium
- 1:08:28practices its cricket song. Am I supposed to be impressed? My
- 1:08:33smoothie comes with GPS.
- 1:08:37Excerpt of We Have the Technology by Michael Robbins.
- 1:08:43Neverpost is a production of Charts and Leisure. It is
- 1:08:47distributed by Radiotopia.