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    Trump signs executive order targeting social media companies / HBO Max launches in the US

    enMay 29, 2020

    Podcast Summary

    • Discussions on Trump's executive order on social media and HBO Max's launchTrump's order may change how social media platforms are regulated, while HBO Max entered the streaming market with a variety of content offerings.

      This week on The Vergecast, there were two main topics discussed: Trump's executive order regarding social media platforms and the launch of HBO Max. The executive order aims to regulate social media platforms under Section 230, which has sparked controversy and debate. On the other hand, HBO Max, a new streaming service, was launched with much anticipation. In the tech news segment, Google announced that page experience will now be a factor in search rankings, aiming to improve user experience by weeding out websites with poor content delivery. Additionally, T-Mobile has started supporting the universal RCS profile, and there have been leaks of an encrypted version of Android Messages. Deloitte, a business consulting firm, was also mentioned as a resource for businesses looking to build a future with innovative technology solutions.

    • Google and other tech companies pushing their own standards and services, potentially leading to more closed ecosystemsThe US government's attempt to regulate tech companies through an executive order raises questions about the future of open web standards and the potential for more closed or fragmented experiences

      Google and other tech companies, who dominate open ecosystems, are pushing their own standards and services, potentially leading to more closed or fragmented experiences. This comes as the US government has issued an executive order aimed at regulating these platforms, specifically targeting Section 230 of the Communications Decency Act. Section 230 protects platforms from liability for content created by users. Trump, who has been critical of tech companies, has threatened to remove this protection, which could effectively end their business models. However, the executive order's implementation is unclear and incoherent, with some proposals suggesting the FCC would oversee Twitter. This situation highlights the power these companies hold over the web and the ongoing debate over how to regulate them.

    • Impact of Executive Order on Online Platforms' Moderation PracticesThe recent executive order could lead to platforms moderating less or more, with potential consequences for harmful content and free speech.

      The recent executive order regarding Section 230 of the Communications Decency Act could significantly impact online platforms' moderation practices. The order, which aims to redefine "good faith" in the context of Section 230, could result in increased legal liability for platforms if they fail to act in accordance with their terms of service or provide adequate notice. This could lead to two potential outcomes: platforms moderating less or moderating more. The former might appease those who criticize the platforms for supposed bias, but it could also lead to an increase in harmful content. The latter, on the other hand, could result in a cleaner online environment but might be met with resistance from those who value free speech. Ultimately, the debate over moderation on social media platforms is a complex issue that requires careful consideration and a balance between free speech and safety.

    • Social media companies' moderation and the First AmendmentDespite the debate, social media companies aren't bound by the First Amendment as they're private entities. The government's attempts to regulate them have been criticized as ineffective distractions.

      Despite the ongoing debate about social media companies' moderation of content and the recent executive order targeting platforms like Twitter and Facebook, there is no clear-cut solution or legal basis for making these companies adhere to the First Amendment as they are private entities. The order's claims that these platforms are equivalent to traditional public forums have been widely debated and dismissed. While these companies hold significant power and influence, they are not subject to the same regulations as traditional public spaces. The government's attempts to renegotiate this power relationship through the executive order have been criticized for being more of a distraction than a viable solution. The order's actions, such as limiting marketing activities on the platforms, have minimal financial impact on the companies. Ultimately, the decision-making power lies with the social media companies' executives, and there is limited recourse for individuals when they feel their speech has been censored.

    • Section 230 and the Threat to Online Speech RegulationThe executive orders threatening to revoke Section 230 immunity could undermine democratic process, potentially allowing a single individual to override decisions of legislative and judicial branches, with serious implications for online speech regulation and tech companies' role in content moderation.

      Section 230 of the Communications Decency Act, a law passed by Congress in the 1990s, provides immunity for online platforms against liability for user-generated content. The law's plain language is clear, and courts have consistently interpreted it to allow websites to moderate content without being held liable. However, President Trump's recent executive orders threatening to revoke this immunity could undermine the democratic process and the separation of powers, potentially making it easier for a single individual to override the decisions of the legislative and judicial branches. This could have serious implications for the regulation of online speech and the role of tech companies in moderating content. Some argue that this strategy has already been effective in influencing the actions of companies like Facebook, which has been more cautious in moderating political speech than Twitter. The outcome of this situation will depend on whether the other branches of government can successfully restrain someone who does not recognize their power.

    • New executive order on Section 230 could change how tech companies moderate contentThe order emphasizes good faith in content moderation, potentially opening the door for more lawsuits against tech companies and changing how they handle user-generated content.

      The recently released final text of Trump's executive order on Section 230 of the Communications Decency Act introduces significant changes to how tech companies can moderate content on their platforms. The order emphasizes the need for good faith in content moderation, which could potentially open the door for more lawsuits against tech companies. Previously, Section 230 protected platforms from being held liable for content created by users. However, the new order could change this by redefining "good faith" to include political viewpoints, making it easier for the government to hold companies accountable for moderating content in a way that stifles certain viewpoints. This shift could have significant implications for the tech industry and free speech online. The order also touches on the issue of net neutrality, with some arguing that the government's stance on tech companies' power and control over speech parallels the arguments made against ISPs in the net neutrality debate.

    • Balance between free speech and fairness in social media regulationThe debate over social media regulation centers on balancing free speech with fairness, with concerns over monopolistic power and potential censorship, but lack of clear legal framework and inconsistent application leaves many feeling powerless and unfairly treated, and finding a balanced solution remains complex.

      The ongoing debate around government regulation of social media platforms revolves around the balance between free speech and fairness. Net neutrality arguments from the past have been applied to social media platforms, with concerns over monopolistic power and potential censorship. However, the lack of a clear legal framework and inconsistent application of rules by these platforms leaves many feeling powerless and unfairly treated. Some argue that government intervention is necessary to ensure fairness and prevent abuse of power, while others caution against potential infringement on free speech. The current executive order's approach to regulating online platforms has been criticized for its broad definition and potential unintended consequences. Ultimately, finding a balanced solution that protects free speech while ensuring fairness and preventing abuse of power remains a complex challenge.

    • Executive order focuses on user ability to create and share contentThe new executive order on social media regulation targets user abilities, potentially affecting various platforms including Dropbox, with Trump's primary goal being to deepen the culture war and distract from other issues.

      The current administration's executive order on social media regulation, unlike previous proposals, does not specifically target large platforms based on revenue or size. Instead, it focuses on the ability for users to create and share content, potentially affecting various platforms including Dropbox. The intention behind this order seems to be to create a cultural battle around free speech, rather than enacting meaningful change. Trump's primary goal appears to be to deepen the culture war and distract from other issues. The broader free speech debate is shifting, with the role of large tech companies in policing speech becoming increasingly complex. Assuming these companies don't get broken up, their relationship to free speech will continue to be a contentious issue, with some arguing they have the right to regulate content as private entities, while others claim they are effectively state actors subject to the First Amendment.

    • Balancing free speech and online safetyPromoting market competition could help mitigate issues of censorship and harmful content on social media platforms by allowing for a more diverse range of perspectives.

      Effective content moderation is necessary for the functioning of social media platforms, but the current monopolistic nature of these companies raises concerns about the potential for misuse of power. The absence of meaningful competition in the tech industry means that these companies hold significant control over what can and cannot be said on their platforms. This can lead to uncomfortable trade-offs, such as censorship or the spread of harmful content. The speakers in the discussion suggest that promoting market competition could help mitigate these issues, allowing for a more diverse range of platforms and perspectives. However, the challenge lies in creating conditions that foster the growth of viable competitors. Ultimately, the goal should be to strike a balance between protecting free speech and maintaining a safe and inclusive online environment.

    • Regulating Tech Companies: Beyond Breaking Them UpRegulating tech companies requires thoughtful policy discussions, rather than relying on chaotic and aggressive actions. Interoperability could help reduce network effects' power, but until then, we should focus on having a reasonable and productive policy discussion.

      While competition is important in the tech industry, massive network effects also offer significant benefits. The debate isn't just about encouraging competition, but also determining when these networks become too big and what regulations or controls might be necessary. The idea of breaking up tech companies isn't a simple solution, as the incentives of the internet naturally push users towards larger networks. Interoperability could help reduce the power of network effects, but until then, it's essential to have a thoughtful and substantive policy discussion, rather than relying on chaotic and aggressive actions that may crowd out important conversations. US senators like Elizabeth Warren and Josh Hawley have proposed legislation as a more appropriate way to address concerns, even if one may not agree with their personal views. The FTC's attempt to regulate tech companies through their terms of service is not a smart or effective approach. Instead, we should focus on having a reasonable and productive policy discussion.

    • Regulatory disruptions and HBO Max's launchUnexpected events, like regulatory changes and company launches, can cause confusion for consumers. Clear communication is key to ensuring a smooth transition.

      The regulatory discussion surrounding the regulation of giant platforms was disrupted by unexpected events, specifically the recent actions taken by former President Trump regarding Twitter. This distraction came at a time when important issues like the pandemic and its impact on the world were at the forefront. HBO Max's launch was another topic discussed, which saw a relatively soft rollout with some confusion surrounding how to access it. However, it was built on the same infrastructure as HBO Now, making it an extension of the existing streaming service. Clear communication from companies about changes and updates can help avoid confusion and ensure a smoother transition for consumers.

    • AT&T's consumer product strategy: Backroom deals over consumer experienceDespite offering good content and interface, AT&T's focus on corporate partnerships and lack of clear communication frustrates consumers, contrasting with Apple and Disney's consumer-focused approaches.

      AT&T's approach to consumer products, including HBO Max, is complicated and focused on corporate partnerships and backdoor deals, rather than prioritizing the consumer experience. This has resulted in confusion and frustration for consumers, as seen with the lack of communication about HBO Max and its availability on various platforms. The contrasting consumer-focused approaches of companies like Apple and Disney, who prioritize the human experience, have proven successful in the streaming market. It remains to be seen if AT&T can adapt and compete at that level. Despite the execution issues, HBO Max offers good content and interface, but the question remains if AT&T can deliver on consumer needs as effectively as its competitors.

    • Complexity of HBO Max library impacts user experienceSimplifying content access within a single platform enhances user satisfaction and loyalty

      The consumer-friendliness and ease of use of a streaming platform significantly impact user experience. HBO Max, for instance, faces challenges due to its complex library, which requires users to navigate multiple services for different content owned by Warner Media. This confusion can lead to frustration and more time spent on Google instead of enjoying the content. Disney, on the other hand, has made it simpler for users by ensuring most of their content is available on their platform. The lesson here is that making content easily discoverable and accessible within a single platform can lead to greater user satisfaction and loyalty. The ongoing licensing issues and contract expirations also add to the complexity, making it essential for streaming services to continually work towards simplifying the user experience. The absence of HBO Max on major platforms like Roku further compounds the problem.

    • Complex negotiations between streaming platforms and device hubsStreaming disputes between platforms and hubs can result in app blackouts, making content less accessible for consumers, adding complexity to the crowded streaming landscape.

      The streaming industry is experiencing complex negotiations between streaming platforms like HBO Max and device hubs like Roku, similar to traditional cable carriage disputes. These disputes revolve around the terms of payment and promotion for carrying apps on these platforms. From a consumer perspective, this can result in a blackout of certain apps, making them less accessible and potentially less desirable. The absence of a major tentpole show or original series on HBO Max further complicates the situation, as consumers may rely on these aggregated ecosystems for easy access to content. The ongoing negotiations add another layer of complexity to the already crowded streaming landscape, requiring consumers to act as amateur IP experts to navigate the various platforms and their offerings.

    • A modern-day cable box war: Roku vs HBO MaxThe streaming wars are about control, data, and user experience, with consumers benefiting from more options than ever before.

      The ongoing dispute between Roku and AT&T's HBO Max over carriage fees is a modern-day cable box war, where the economics have been reversed. Companies like Amazon, Apple, and Roku act as cable operators, while channels like HBO pay them for access to their platforms. The fight is over control, data, and user experience. Consumers, who are increasingly time-starved and looking for convenience, are the ultimate winners as they have more options than ever before. The streaming wars are not just about content providers like Netflix and Disney, but also about the companies that control the user experience and the economics of the ecosystem. The trending topic on social media is not just about HBO Max, but also about the devices that provide access to it, like Roku. Ultimately, the company that can best navigate the corporate fight and provide the best user experience is likely to come out on top.

    • Streaming wars lead to low switching costs for consumersDespite the convenience of easily switching between streaming platforms, consumers risk missing out on exclusive content and engaging in intense negotiations with companies over access to desired content.

      The streaming wars have led to a significant decrease in switching costs for consumers, allowing them to easily switch between platforms. This is evident in the case of Iran's low switching cost for TV platforms, where all it takes is getting rid of one streaming device and buying another. However, this benefit comes at a cost for consumers, as they may miss out on content that is exclusive to certain platforms. Companies are in a standoff over fees and fair deals, leading to a lack of availability of certain channels on certain platforms. HBO Max, for instance, is banking on exclusive content like the Snyder Cut to drive subscriptions. The Snyder Cut situation is a teaser of what companies are willing to do to win over fans and subscribers. It's a strange situation to watch unfold as companies and fans engage in intense negotiations and debates over content.

    • Impact of fan base on business decisionsCompanies recognize the value of passionate fan bases and invest in their demands, leading to increased revenue and loyal fan base in the 'passion economy'.

      The passionate fan base of a product or service can significantly impact a company's decision-making and revenue generation. The discussion revolves around the production of the "Snyder Cut" of the Justice League movie, which was a highly demanded project by fans despite it not officially existing. Companies like Warner Media and AT&T recognized this fan base's potential value and invested $30-$40 million to meet their demands, resulting in a loyal fan base and increased revenue through subscriptions. This concept, often referred to as the "passion economy," is a trend that streaming services are increasingly utilizing to generate income. The investment required to produce the "Snyder Cut" ensures that it will not be the same product as the initial release but rather a new, expanded version. The fan base's loudness and dedication have the power to influence major corporations, and this trend could potentially set both positive and negative precedents. Ultimately, this situation highlights the importance of understanding and engaging with passionate fan bases to drive business success.

    • Rushed launch of HBO Max without 4K, HDR, and Dolby Vision was a missed opportunityRushing the launch of a streaming platform without essential features like 4K, HDR, and Dolby Vision can lead to inconsistent user experiences and confusion, while addressing user feedback and partnering with experienced streaming companies can enhance the platform's technical capabilities and user satisfaction.

      HBO Max's rushed launch without key features like 4K, HDR, and Dolby Vision was a missed opportunity. The lack of these features, especially for popular shows like Game of Thrones, created a sense of inconsistency and confusion for users. This contrasts with competitors like Disney Plus, which quickly addressed user feedback and offered high-quality streaming experiences. Additionally, the separation of HBO Max from BAMtech, a renowned streaming media company, may have hindered its technical capabilities. The situation with Quibi, another streaming platform, serves as a reminder of the importance of delivering a polished product to users. Despite some positive reviews on platforms like iTunes, Quibi faced significant criticism and struggled to gain traction. Overall, taking the time to ensure a high-quality user experience and addressing user feedback can make a significant difference in the success of a streaming platform.

    • Interview with Tony Gonzalez from Otter Media and HBO MaxListeners can look forward to engaging interviews with notable figures and the premiere of the documentary 'Art Beets and Lyrics' on Hulu.

      The podcast, "Chest Rockwell," is bringing intriguing interviews to listeners. Last week, they interviewed Tony Gonzalez, the CEO of Otter Media and head of HBO Max. Upcoming episodes will feature a chat show and more interviews. The team is open to suggestions for who to interview next, so listeners are encouraged to reach out. Additionally, they promoted the documentary "Art Beets and Lyrics" on Hulu, which explores the growth of a cultural phenomenon art show in Atlanta. The documentary follows the founders and curators of the event, Jabari Graham and Dwayne W. Wright, and their unique roles in art, beats, and lyrics. The documentary captures the excitement of the 20th Anniversary Tour, showcasing the impact of Atlanta on the founders and the thousands of fans attending each show. So, stay tuned for more engaging interviews and the intriguing stories behind the "Art Beets and Lyrics" documentary.

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    Join Jim and Greg as they cheer Dallas Mayor Eric Johnson switching to the Republican Party saying the GOP has a much better approach on crime and fiscal discipline. And Jim wonders whether Johnson has larger political ambitions. They also recoil at a Real Clear Politics survey showing a sharp divide between the parties on free speech, with Democrats far more likely to favor government or social media companies cracking down on "hate speech" or speech that possibly threatens national security. Finally, they cringe as Canada's House of Commons lavishes praise on a 98-year-old Canadian from Ukraine for fighting against Russia during World War II. They just didn't bother to check which side he was fighting for.

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    Supreme Court takes on major First Amendment, LGBTQ battle

    Supreme Court takes on major First Amendment, LGBTQ battle

    The Supreme Court heard a major battle between First Amendment rights and LGBTQ protections this month. Lorie Smith, the plaintiff in the case fighting for her free speech rights, and her attorney Kristen Waggoner of Alliance Defending Freedom joined Alex Swoyer to comment on the oral arguments. Mike Davis, a former clerk to Justice Neil M. Gorsuch, also joined the episode to break down other major legal topics facing the justices this term, including the ongoing probe into who leaked the draft opinion earlier this year revealing the justices would overturn Roe v. Wade. 

    Orem City Bans Free Speech

    Orem City Bans Free Speech
    In a crazy desperate move, the city of Orem pulls a Orwellian move claiming some people are "more equal than others" in their attempt to strip you of your right to free speech as well as your right to petition the government for redress of grievances.

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    TikTok goes to Washington

    TikTok goes to Washington
    The Verge's Nilay Patel, Alex Cranz, and David Pierce are joined by policy reporter Makena Kelly, who is on the ground in Washington for the House Energy and Commerce Committee's hearing on TikTok. Later, we dive into all the other news from this week, from Google's release of Bard to OpenAI's rapid expansion of ChatGPT. It was a big week. Further reading: TikTok ban hearing: all the news on the US’s crackdown on the video platform   TikTok bans deepfakes of nonpublic figures and fake endorsements in rule refresh Google opens early access to its ChatGPT rival Bard — here are our first impressions Google says its Bard chatbot isn't a search engine — so what is it?  Testing Google Bard: the chatbot doesn’t love me, but it’s still pretty weird Google and Microsoft’s chatbots are already citing one another in a misinformation shitshow Sundar Pichai expects that ‘things will go wrong’ with Bard Can AI generate a way to pay for itself? GitHub Copilot gets a new ChatGPT-like assistant to help developers write and fix code Mozilla.ai is a new startup created to build more open and trustworthy AI OpenAI is massively expanding ChatGPT’s capabilities to let it browse the web and more Learn more about your ad choices. Visit podcastchoices.com/adchoices

    55 - Riverside Chats: It's Kinda Meta

    55 - Riverside Chats: It's Kinda Meta

    Jaye is joined by her husband Chuckles as they discuss free speech versus calls to violence and terrorism, as well as if Donald Trump's rhetoric and actions in support of gun control will upset his supporters enough to turn against him in 2020. Chuckles stans Candace Owens and sees her temporary ban on Twitter as an example of a conspiracy by the social media giant against conservative voices. Jaye points out that white supremacists run rampant on Twitter despite the ability to filter them out just like they filter out Islamic terror groups - because Twitter doesn't want to ban Republican politicians.

    Twitter: @potstirrercast
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    Featured Podcast:
    Falling In Love Montage
    Website: http://fallinginlovemontage.com

    Source Links:

    Source Links:
    https://www.c-span.org/video/?c4801423/aoc-questioning-fbis-michael-mcgarrity-white-supremacist-violence-treated-domestic-terrorism
    https://trofire.com/2019/06/10/aoc-makes-fbi-official-squirm-with-softball-question/
    https://abcnews.go.com/Politics/rep-alexandria-ocasio-cortez-appears-conflate-types-fbi/story?id=63542165
    https://www.splcenter.org/hatewatch/2018/09/12/study-shows-two-thirds-us-terrorism-tied-right-wing-extremists
    https://www.esquire.com/news-politics/politics/a27733112/domestic-terrorism-law-congress-white-supremacists/
    https://www.usatoday.com/story/news/nation/2019/04/25/coast-guard-terror-christopher-hasson-free-trial/3580298002/

    Music:

    Potstirrer Podcast Theme composed by Jon Biegen from Stranger Still
    http://strangerstillshow.com/

    Compressor Works Twang composed by Max McFerren