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Social Media Platforms are not Public Utility Companies

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Definition of Public Utility

As you may have recently heard, Twitter and Facebook are in the news due to their recent grilling on Capitol Hill. What is interesting to me about this, regardless of how you feel about the companies and the services they provide, is that not being public utilities they are not susceptible to government regulation.

Rather, they are private companies who have Terms of Service (ToS) people agree to when signing up that state they can ban or remove any content or users they find don’t meet their community standards. This is the same idea that companies all across the U.S. embody when they say they can refuse service to anyone. This is their freedom as a company and has nothing to do with individual rights. You do not have any first amendment rights except for in the presence of GOVERNMENT censorship. It has nothing to do with privately owned spaces including social media platforms. The fact is, social media platforms are for-profit companies who make money when people post their own opinions to them and they make a LOT of money when those opinions are contentious. It is in their own best interest NOT to censor their users when their users are operating within their ToS.

Thus, none of this makes sense for Congress to step into. There are several legal precedents for the government staying out of media-related industry censorship, which is why entities like the MPAA, CCA (now defunct), and ESRB exist – all being industry self-regulating bodies.  That said, maybe it’s time social media platforms establish their own so there are standards and regulations across them and content can be rated rather than completely removed. This would certainly help people avoid content they didn’t want to see and could allow for space where more objectionable content could exist within its own bubble that people could venture into at their own risk.

What SHOULD be of concern is personal data privacy. But, we all know that isn’t going to get anywhere. Those of us who do work in this space have been touting the issue of data privacy for several years to no avail. I don’t see it becoming a priority any time soon.

On the latest Facebook Scandal

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Techcrunch has a great rundown on the most recent Facebook scandal. If you haven’t heard of Cambridge Analytica before now, please take the time to read the full piece. One of the most interesting points to come out of it is Facebook stating that it’s “open to regulation”. If you’re a reader of this blog, then you know that I’m very interested in government regulation around our information and data. I’ll be keeping tabs on that as the story continues.

As always, you can read my multiple blog posts on Facebook for a better understanding of what you give up when you provide the company your data. Bottom line, if you don’t want others having your data without your permission, don’t post it on the web.

Lootboxes in the news again

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Lootboxes are in the news again and this time it is U.S. Senator Hassan who is challenging the ESRB. As I predicted last month, the new WHO classification of Gaming Disorder is already starting to make the rounds as a fabulous scapegoat.

“We should be doing all that we can to protect our children and to inform parents about their options when it comes to these types of games,” she says.

This comes right on the heels of 4 bills introduced in Hawaii to regulate games that utilize lootboxes as a game mechanic.

The issue is that though most parents give a cursory glance to the ESRB rating, many fail to recognize when descriptors are used or what they mean. This is a finding straight out of my dissertation. That’s not to say the ESRB shouldn’t note that these games utilize this type of microtransaction, simply that they should do more to inform people as to what exactly it is and how it works.

My prediction is that if any of those bills in Hawaii pass, they’ll be repealed at the appellate court as all previous gaming legislation has been. If you want to know more about gaming legislation, I have a nearly 300-page dissertation I’d be happy to share with you. 😉

A life lost, a legacy remembered…

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I do not have many words to add to the multiple that are already out there. What I do have to say is that about a year ago I was protesting SOPA with the rest of you. It was one of those things those of us who care so deeply about freedom and the Internet did in hopes that it would actually bring about change.

Internet and Information freedom are near and dear to my heart. My entire Masters research was on FOSS / Fedora. I’ve posted on this blog about many of the things that are threats to this freedom including cyber bullying, censorship, and net neutrality.

Though I have a few papers floating around on the Internet, you will not find any of them in a journal much to the dismay of many of you who have contacted me for copies and citations. Why? Because I refuse to have my research (especially that which I do of my own free will and with no outside funding) published in a journal that cannot be accessed by the public, even if this hurts me academically.

I am not the only one that has a problem with the journal system and there are a few journals out there that have risen up against the status quo. There are also a few people who have taken a stand against the privatization of publicly funded information. Aaron Swartz was one such person. While he should be remembered for the many awesome things he did for Internet and Information Freedom, it is the ending of his life over the weekend that is being talked about today.

All I can say is the world, especially those of us who feel the same way he did, lost a great mind and advocate. He has been an inspiration to many of us, and he will only continue to do so. It will be interesting now to see how he has changed the world through the ending of his own. I am just an academic and a wanna-be hacker, but I will always do what I can to fight many of the same fights he did.

In the words of famed anthropologist Margaret Mead:

Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.

How are you changing the world today?

P.S. If you are reading this through an RSS feed – thank Aaron…

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