Tag Archives: Readings

Enforcement as deflection

Technology policy is often characterized as an area in which governments play catch-up, both cognitively and resource-wise, with the private sector. In these two recent cases, otherwise quite far apart both spatially and thematically, law enforcement can be seen to flip this script by attempting to pin responsibility for social externalities on those it can reliably target: the victims and the small fry. Whether it is criminalizing those who pay to be rid of ransomware or rounding up the café owners who failed to participate in the State’s mass surveillance initiatives, the authorities signal the seriousness of their intentions with regards to combating social ills by targeting bystanders rather than the actual perpetrators. Politically, this is a myopic strategy, and I would not be surprised if it generated a significant amount of pushback.

The hustle and the algorithm

Various interesting new pieces on the experience of the algorithmically-directed gig economy. The proximate cause for interest is the upcoming vote in California on Prop. 22, a gig industry-sponsored ballot initiative to overturn some of the labor protections for gig workers enacted by the California legislature last year with AB 5.

Non-compliance with the regulations enacted by this statute has been widespread and brazen by the market leaders in the gig economy, who now hope to cancel the law directly, using direct democracy (as has often been done by special interests in California in the past). Ride-sharing companies such as Uber and Lyft have threatened to leave the state altogether unless these regulations are dropped, thus putting pressure on their workforce to support the ballot initiative at the polls.

Of course, the exploitative potential in US labor law and relations long pre-dates the platforms and the gig economy. However, with respect to at least some of these firms, it is a legitimate question to ask whether there is any substantial value being produced via technological innovation, or whether their market profitability relies essentially on the ability to squeeze more labor out of their workers.

In this sense, and in parallel with the (COVID-accelerated) transition out of a jobs-based model of employment, the gig economy co-opts the evocative potential of entrepreneurialism, especially in its actually-existing form as the self-exploitation dynamics of American immigrant culture. Also, it is hard to miss the gender and race subtexts of this appeal to entrepreneurialism. As one thoughtful article in Dissent puts it, many of the innovative platforms are really targeted to subprime markets:

[t]he platform economy is a stopgap to overcome exclusion, and a tool used to target people for predatory inclusion.

Hence the algorithm as flashpoint in labor relations: it is where the idealized notion of individual striving and the hustle meets the systemic limits of an extractive economy; its very opacity fuels mistrust in the intentions of the platforms.

Violence, content moderation, and IR

Interesting article by James Vincent in The Verge about a decision by Zoom, Facebook, and YouTube to shut down a university webinar over fears of disseminating opinions advocating violence “carried out by […] criminal or terrorist organizations”. The case is strategically placed at the intersection of several recent trends.

On the one hand, de-platforming as a means of struggle to express outrage at the views of an invited speaker is a tactic that has been used often, especially on college campuses, even before the beginning of the pandemic and for in-person events. However, it appears that the pressure in this specific case was brought to bear by external organizations and lobby groups, without a visible grassroots presence within the higher education institution in question, San Francisco State University. Moreover, such pressure was exerted by means of threats of legal liability not against SFSU, but rather targeting the third-party, commercial platforms enabling diffusion of the event, which was to be held as a remote-only webinar for epidemiological concerns. Therefore, the university’s decision to organize the event was thwarted not by the pressure of an in-person crowd and the risk of public disturbances, but by the choice of a separate, independent actor, imposing external limitations derived from its own Terms of Service, when faced with potential litigation.

The host losing agency to the platform is not the only story these events tell, though. It is not coincidental that the case involves the Israeli-Palestinian struggle, and that the de-platformed individual was a member of the Popular Front for the Liberation of Palestine who participated in two plane hijackings in 1969-70. The transferral of an academic discussion to an online forum short-circuited the ability academic communities have traditionally enjoyed to re-frame discussions on all topics –even dangerous, taboo, or divisive ones– as being about analyzing and discussing, not about advocating and perpetrating. At the same time, post-9/11 norms and attitudes in the US have applied a criminal lens to actions and events that in their historical context represented moves in an ideological and geopolitical struggle. Such a transformation may represent a shift in the pursuit of the United States’ national interest, but what is striking about this case is that a choice made at a geo-strategic, Great Power level produces unmediated consequences for the opinions and rights of expression of individual citizens and organizations.

This aspect in turn ties in to the debate on the legitimacy grounds of platform content moderation policies: the aspiration may well be to couch such policies in universalist terms, and even take international human rights law as a framework or a model; however, in practice common moral prescriptions against violence scale poorly from the level of individuals in civil society to that of power politics and international relations, while the content moderation norms of the platforms are immersed in a State-controlled legal setting which, far from being neutral, is decisively shaped by their ideological and strategic preferences.

Data security and surveillance legitimacy

To no-one’s surprise, the Department of Homeland Security and the Customs and Border Patrol have become victims of successful hacks of the biometric data they mass-collect at the border. The usual neoliberal dance of private subcontracting of public functions further exacerbated the problem. According to the DHS Office of the Inspector General,

[t]his incident may damage the public’s trust in the Government’s ability to safeguard biometric data and may result in travelers’ reluctance to permit DHS to capture and use their biometrics at U.S. ports of entry.

No kidding. Considering the oft-documented invasiveness of data harvesting practices by the immigration-control complex and the serious real-world repercussions in terms of policies and ordinary people’s lives, the problem of data security should be front-and-center in public policy debates. The trade-off between the expected value to be gained from surveillance and the risk of unauthorized access to the accumulated information (which also implies the potential for the corruption of the database) must be considered explicitly: as it is, these leaks and hacks are externalities the public is obliged to absorb because the agencies have scant incentive to monitor their data troves properly.