SYNDICATED COLUMN: Censor Google

Last week’s EU court ruling ordering Google and other search engines (there are other search engines?) to process requests from European citizens to erase links to material about them is being criticized by techno-libertarians. Allowing people to clean up what has become the dreaded Permanent Record That Will Follow You the Rest of Your Life, they complain, creates an onerous inconvenience to tech companies, amounts to censorship, and infringes upon the free flow of information on the Internet.

Even if those concerns were valid — and they’re not — I’d agree with the European Court of Justice’s unappealable, final verdict in the case of Mario Costeja González, a Spanish national who asked that a Google link to a property foreclosure ought to be deleted since the debt had since been paid off and the matter has been resolved. He did not request, nor did the court rule, that the legal record itself, which dated back to 1998, be expunged from cyberspace — merely that he ought not to suffer shame or embarrassment for his former financial difficulties every time an acquaintance or potential employer types his name into a browser, for the remainder of his time on earth, and beyond.

Offline, the notion that people deserve a fresh start is not a radical concept; in the United States, even unpaid debts vanish from your credit report after seven years. So much stuff online is factually unreliable that “according to the Internet” is a joke. There are smears spread by angry ex-lovers, political enemies, bullies and other random sociopaths. The right to eliminate such material from search results is long overdue. It’s also not without cyber-precedent: after refusing to moderate comments by “reviewers,” many of whom had not read the books in question, Amazon now removes erroneous comments.

The ruling only affects Europe. But Congress should also introduce the U.S. Internet to the joys of forgetting. Obviously, obvious lies ought to be deleted: just last week, conservative bloggers spread the meme that I had “made fun of” the Americans killed in Benghazi. I didn’t; not even close. Google can’t stop right-wingers from lying about me, but it would sure be nice of them to stop linking to those lies.

But I’d go further. Lots of information is accurate yet ought to stay hidden. An unretouched nude photo is basically “true,” but should it be made public without your consent?

We Americans are rightly chastised for our lack of historical memory, yet society benefits enormously from the flip side of our forgetfulness — our ability to outgrow the shame of our mistakes in order to reinvent ourselves.

“More and more Internet users want a little of the ephemerality and the forgetfulness of predigital days,” Viktor Mayer-Schönberger, professor of Internet governance at the Oxford Internet Institute, said after the EU court issued its decision. Whether your youthful indiscretions include drunk driving or you had an affair with your boss as an intern, everyone deserves a second chance, a fresh start. “If you’re always tied to the past, it’s difficult to grow, to change,” Mayer-Schönberger notes. “Do we want to go into a world where we largely undo forgetting?”

Ah, but what of poor Google? “Search engine companies now face a potential avalanche of requests for redaction,” Jonathan Zittrain, a law and computer science professor at Harvard, fretted in a New York Times op/ed.

Maybe. So what?

Unemployment, even among STEM majors, is high. Tech companies have been almost criminally impecunious, hiring a small fraction of the number of employees needed to get the economy moving again, not to mention provide decent customer service.

Google has fewer employees than a minor GM parts supplier.

Would it really be so terrible for Google to hire 10,000 American workers to process link deletion requests? So what if lawyers make more money? They buy, they spend; everything trickles down, right? Google is worth more than Great Britain. It’s not like they can’t afford it.

Onerous? Google has a space program. It is mapping every curb and bump on America’s 4 million miles of roads.

They’re smart. They can figure this out.

“In the United States, the court’s ruling would clash with the First Amendment,” the Times reported with an unwarranted level of certitude. But I don’t see how. The First Amendment prohibits censorship by the government. Google isn’t a government agency — it’s a publisher.

This is what the EU story is really about, what makes it important. In order to avoid legal liability for, among other things, linking to libelous content, Google, Bing and other search engines have always maintained that they are neutral “platforms.” As Zittrain says, “Data is data.” But it’s not.

Google currently enjoys the liberal regulatory regime of a truly neutral communications platform, like the Postal Service and a phone company. Because what people choose to write in a letter or say on the phone is beyond anyone’s control, it would be unreasonable to blame the USPS or AT&T for what gets written or said (though the NSA would like to change that).

Google-as-platform is, and always was, a ridiculous fiction. Search results, Google claims, are objective. What comes up first, second and so on isn’t up to them. It’s just algorithms. Data is data. The thing is, algorithms are codes. Computer programs. They’re programmed by people. By definition, coders decide.

Algorithms are not, cannot be, and never will be, “objective.”

That’s just common sense. But we also have history. We know for a fact that Google manipulates searches, tweaking their oh-so-objective algorithms when they cough up results they don’t like. For example, they downgrade duplicated content — say, the same essay cut-and-pasted across multiple blogs. They sanction websites that try to game the system for higher Google listings by using keywords that are popular (sex, girls, cats) but unrelated to the accompanying content.

They censor. Which makes them a publisher.

You probably agree with a lot of Google’s censorship — kiddie porn, for example — but it’s still censorship. Deciding that some things won’t get in is the main thing a publisher does. Google is a publisher, not a platform. This real-world truth will eventually be affirmed by American courts, exposing Google not only to libel lawsuits but also to claims by owners of intellectual property (I’m talking to you, newspapers and magazines) that they are illegally profiting by selling ads next to the relevant URLs.

Although the right to censor search results that are “inadequate, irrelevant or no longer relevant” (the words of the EU ruling) would prevent, say, the gossip site TMZ from digging up dirt on celebrities, there would also be a salutary effect upon the free exchange of information online.

In a well-moderated comments section, censorship of trolls elevates the level of dialogue and encourages people who might otherwise remain silent due to their fear of being targeted for online reputation to participate. A Google that purges inadequate, irrelevant or no longer relevant items would be a better Google.

(Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

 

LOS ANGELES TIMES CARTOON: CaliCourts.com

CaliCourt.com

Equal justice under the law. That’s the promise American courts make to plaintiffs and defendants alike. But year after year of budget austerity has forced California’s court system to slash its services so deeply that it has made a mockery of that sacred pledge.

Maura Dolan reports that “recession-driven cutbacks in California’s huge court system have produced long lines and short tempers at courthouses throughout the state. Civil cases are facing growing delays in getting to trial, and court closures have forced residents in some counties to drive several hours for an appearance.”

Backups in the courts are affecting Californians’ love lives: “Clerks in Contra Costa County said they have received complaints from people who divorced and wanted to remarry but couldn’t because clerks had not yet processed the paperwork for judges’ signatures.”

Every cloud has a silver lining. Because so many courthouses have closed, some Californians are automatically getting exempted from jury duty: “In San Bernardino County, the Superior Court has stopped summoning jurors from Needles, making the guarantee of a jury of one’s peers elusive. Because of court closures in the High Desert, a trip to court from Needles can take some residents 3-1/2 hours.”

But it’s still a damned dark cloud.

“We are really on the borderline of a constitutional crisis,” Marsha Slough, San Bernardino County’s presiding judge says. “We have victims who want to give up because they don’t want to testify in criminal trials because of the driving distances and costs.”

Whether you’re fighting a traffic ticket, fending off a neighbor over a property dispute or waiting for a divorce, everyone winds up in court sooner rather than later. And contrary to what conservatives keep saying, starving government institutions of cash doesn’t make them leaner and meaner — it makes them broken and, well, mean, but not in a good way (viz, court employees report that fistfights among frustrated citizens waiting in long lines are a common occurrence…and the extra assaults just cause even more backups in the courts!).

We need a better way. Not a bigger budget — that would solve the problem and reduce unemployment.

No, what we need is to automate the court system! There are, after all, algorithm-based lie detectors that determine whether you’re telling the truth by analyzing a scan of your face. Since California’s courts handle millions of cases each year, a huge database of precedents can be uploaded and used as a basis to help determine the outcome of new and future matters. And we already know from last year’s trouble-free launch of Obamacare that the Internet is the perfect tool for replacing old-fashioned human-based bureaucracies.

What could go wrong?

LOS ANGELES TIMES CARTOON: RoboSheriff

Minority Report

 

Computer algorithms drive online dating sites that promise to hook you up with a compatible mate. They help retailers suggest that, because you liked this book or that movie, you’ll probably be into this music. So it was probably inevitable that programs based on predictive algorithms would be sold to law enforcement agencies on the pitch that they’ll make society safe.

The LAPD feeds crime data into PredPol, which then spits out a report predicting — reportedly with impressive accuracy — where “property crimes specifically, burglaries and car break-ins and thefts are statistically more likely to happen.” The idea is, if cops spend more time in these high-crime spots, they can stop crime before it happens.

Chicago police used predictive algorithms designed by an Illinois Institute of Technology engineer to create a 400-suspect “heat list” of “people in the city of Chicago supposedly most likely to be involved in violent crime.” Surprisingly, of these Chicagoans — who receive personal visits from high-ranking cops telling them that they’re being watched — have never committed a violent crime themselves. But their friends have, and that can be enough.

In other words, today’s not-so-bad guys may be tomorrow’s worst guys ever.

But math can also be used to guess which among yesterday’s bad guys are least likely to reoffend. Never mind what they did in the past. What will they do from now on? California prison officials, under constant pressure to reduce overcrowding, want to limit early releases to the inmates most likely to walk the straight and narrow.

Toward that end, Times’ Abby Sewell and Jack Leonard report that the L.A. Sheriff’s Department is considering changing its current evaluation system for early releases of inmates to one based on algorithms:

Supporters argue the change would help select inmates for early release who are less likely to commit new crimes. But it might also raise some eyebrows. An older offender convicted of a single serious crime, such as child molestation, might be labeled lower-risk than a younger inmate with numerous property and drug convictions.

The Sheriff’s Department is planning to present a proposal for a “risk-based” release system to the Board of Supervisors.

“That’s the smart way to do it,” interim Sheriff John L. Scott said. “I think the percentage [system, which currently determines when inmates get released by looking at the seriousness of their most recent offense and the percentage of their sentence they have already served] leaves a lot to be desired.”

Washington state uses a similar system, which has a 70% accuracy rate. “A follow-up study…found that about 47% of inmates in the highest-risk group returned to prison within three years, while 10% of those labeled low-risk did.”
No one knows which ex-cons will reoffend — sometimes not even the recidivist himself or herself. No matter how we decide which prisoners walk free before their end of their sentences, whether it’s a judgment call rendered by corrections officials generated by algorithms, it comes down to human beings guessing what other human beings do. Behind every high-tech solution, after all, are programmers and analysts who are all too human. Even if that 70% accuracy rate improves, some prisoners who have been rehabilitated and ought to have been released will languish behind bars while others, dangerous despite best guesses, will go out to kill, maim and rob.

If the Sheriff’s Department moves forward with predictive algorithmic analysis, they’ll be exchanging one set of problems for another.

Technology is morally neutral. It’s what we do with it that makes a difference.

That, and how many Russian hackers manage to game the system.

(Ted Rall, cartoonist for The Times, is also a nationally syndicated opinion columnist and author. His new book is Silk Road to Ruin: Why Central Asia is the New Middle East.)

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