The Curse of Bigness

 

TIMEMagazine19Oct1925
A portrait of Louis Brandeis on the cover of Time magazine on October 19, 1925.

Before he was an associate justice on the Supreme Court of the United States from 1916 to 1939, Louis Brandeis was a progressive lawyer fighting the big monopolies, or trusts, of Gilded Age America. He termed the corrosive effect on democracy of unrestrained business practices “The Curse of Bigness”, and after he joined the Supreme Court he maintained his interest in restraining business interests from trampling the rights of ordinary citizens.

Now President Biden has appointed Lina Khan to the chair of the Federal Trade Commission, and her appointment signals a return to the principles of Louis Brandeis. Lina Khan is an antitrust lawyer and legal scholar who, as a student at Yale Law School in 2017, wrote an article called Amazon’s Antitrust Paradox. The article drew widespread attention for her ideas about how the conventional wisdom of the past 50 or so years regarding regulation of the marketplace based on consumer prices no longer applied in the age of Amazon, a company willing to engage in predatory pricing and use vertical integration in order to stifle competition and monopolize the marketplace.

A profile of Lina Khan in Time from October 17, 2019.

 

Prior to Ms. Khan’s appointment, another antitrust lawyer and legal scholar, Tim Wu, joined the Biden administration as a Special Assistant to the President for Technology and Competition Policy on the National Economic Council. Mr. Wu is known for helping to write the first network neutrality rules in work for the Federal Communications Commission in 2006. In 2018, he wrote The Curse of Bigness: Antitrust in the New Gilded Age, a book which paid homage to Louis Brandeis and his antitrust work of the Progressive Era.

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A Climate Strike protester with an anti Bezos sign in London on February 14, 2020. Photo by Flickr user Socialist Appeal.

With these two people now in key positions in the federal government, perhaps efforts to rein in, or even bust up, big technology companies such as Amazon, Google, Apple, Facebook, and Microsoft, will finally be undertaken seriously and with persistence. In the past, these Big Five technology companies have largely escaped with slaps on the wrist after fitful investigations into their practices.


Supreme Court Justice Ruth Bader Ginsburg answered questions from Brandeis University students at an event in January 2016 commemorating the 100th anniversary of Louis Brandeis being nominated to the Supreme Court by President Woodrow Wilson.

 

As Louis Brandeis understood, and as is apparent from the writings of both Lina Khan and Tim Wu, setting regulatory boundaries for these behemoth businesses not only ensures they act fairly in the marketplace, but protects democracy from their tendency to squash individual liberties when they conflict with their self-interest. And the bigger and less competitive these companies become, the more their self-interest consumes everything in their vicinity, like a beast that can’t stop growing and must swallow anything in its way.
— Techly


An unofficial remix of the 2021 songs “Bezos I” and “Bezos II”, written and performed by Bo Burnham for his album and Netflix special, Bo Burnham:Inside. Warning: foul language.

 

You Don’t Have to Do This

 

Shop for a new smartphone and the choice of operating system appears limited to Apple’s iOS or Google’s Android. The choice of wireless carrier network for the new smartphone is limited to five or six companies, and while there are more than a dozen smaller carriers, they all lease their networks from the larger carriers. Mergers of technology companies and globalization of supply chains have made it difficult for consumers to entertain enough options to simultaneously suit their desires for reasonable prices, efficient service, and in the best case scenario, ethical marketplace behavior.

 

To be a large player in the technology industry, as in many other industries, it seems engaging in horrible practices is simply a necessary cost of doing business. It’s as if economies of scale and ethical behavior are mutually exclusive. Apple iPhones are manufactured under terrible labor conditions in China, and the cobalt required for manufacture of those iPhones is mined using child labor in the Democratic Republic of Congo. Google, Facebook, and Twitter all sell their users’ information to advertisers while double-dipping by generating enormous ad revenues from the wide use of their services. That’s the cost of “free” to the users. As an online retailer, Amazon’s reputation for egregious labor practices is as bad or worse than that of its major brick and mortar competitor, Walmart.

Ilhan Omar speaking at worker protest against Amazon (45406484475)
U.S. Representative Ilhan Omar (D-MN) speaking in December 2018 to about 200 workers protesting conditions at an Amazon workplace in Shakopee, Minnesota. Photo by Fibonacci Blue. Protests by workers in this country against unfair labor practices by giant companies like Amazon would get a slingshot-like boost if lawmakers would repeal the anti-union legislation passed in the last 50 years at the behest of corporations.

That is by no means a comprehensive list of all the technology companies with reputations for treating customers, workers, suppliers, or the environment badly. Just as Americans are becoming more concerned with what is in their food and how it’s produced, they can devote some time and attention to how their technology products are produced and how companies are using the personal information they hand over in the course of using their services. It may seem like there are few to no alternatives to some technology products and services, but there are alternatives, and it may require effort put into research to find out about them, and then some sacrifices as it turns out they don’t offer absolutely everything consumers are used to getting from Microsoft’s Windows operating system, for instance, or Facebook’s one-stop social media and news sharing platform.

Some people simply won’t care, of course, and will remain interested only in what’s easiest and most convenient for them. This is not for them. Others who are concerned about voting with their dollars, however, should know there are ways to find alternatives to signing on with the big technology companies, and that informing themselves doesn’t have to suck up an inordinate amount of their time and energy. Currently there is almost no labeling on technology products and services such as there is on food for sale in supermarkets, informing consumers of organic and non-GMO options, and of nutritional content. There should be similarly easily apparent labels for technology, listing ratings from an impartial source, if such is possible, on a company’s treatment of workers, suppliers, and the environment. The companies are now required by law to enumerate the ways they use customer information, but that is for the most part buried in fine print legalese that few consumers bother to read.

In episode #1938, “Theresa Syndrome”, from the radio show Car Talk, the portion of the show relevant to this post starts at the 10:45 mark with a call from Brian in Harrisonville, Kentucky. Questions of ethics come up every day in everyone’s lives, and in this case as in many others, arguments of efficiency that mask motives of self-interest are all too common.

Until the technology industry catches up with at least the halting steps the food industry has taken to inform consumers about what they are buying and what kind of ethical or unethical behavior they in turn support with their purchases, it will remain up to individual consumers to inform themselves. Globalization has made it easy to hide the ugly details of technology manufacturing halfway around the world. Out of sight, out of mind. It’s not as if things were far better 100 years ago, though, because at that time for most Americans a sweatshop on New York City’s Lower East Side was as much on the other side of the world as a sweatshop in Bangladesh is today. Speed of travel and communications have changed the seeming size of the world, but sadly not the willingness of businesses and governments to exploit the less fortunate, and of the more fortunate to turn a blind eye.
— Techly

Editor’s note: Bonus points to readers who note advertising on this site for the products of one of the companies criticized in this post. It’s hard, maybe impossible, to exist in the modern world without some compromises, and like everybody else, writers have to eat. With a little effort and attentiveness, people do what they can to make the world a better place, but no one is without faults, and as Joe E. Brown said at the end of the movie Some Like It Hot, “Well, nobody’s perfect.”

 

Leave It to Google

 

People go out of their way to use the Linux operating system on their desktop and laptop computers for all sorts of reasons, and it’s a fair guess that among them is the desire to stay clear of the tentacles of major technology companies like Microsoft, Apple, and Google. Microsoft has never made any pretense of being anything but evil, while Apple has pretended to be above the fray, and perhaps the least trustworthy of the three is Google, which tipped everyone off to their evil intentions by sanctimoniously proclaiming at one time “Don’t be evil”. Any individual or organization professing to abide by moral certainties that should not even be in question is not to be trusted.

 

It’s ironic then that because of some holes in Linux development such as lack of drivers for some peripherals, usually printers, Linux users may find themselves forced to rely on Google services as workarounds. In the case of printers, incompatibility with Linux has become less of a problem over the past 20 years as Linux has climbed in market share to around five percent. Microsoft’s Windows is around 75 percent, with Apple’s Mac operating system at about 15 percent, although it seems no one can agree on the exact numbers. Google’s Chrome operating system makes up most of the remaining percentage in use for desktops and laptops, and because it has access to all Google services built in, including Google Cloud Print, printing from Chrome OS is never a problem even if proprietary drivers are not available from the printer manufacturer.

 

MagpieOS infofetch
Magpie OS is an Arch-based Linux distribution, developed by Rukunuzzaman, a Bangladeshi developer. Screenshot by Kabirnayeem.99. There are hundreds, perhaps thousands, of different Linux distributions, enough to suit anyone’s preference.

Some printer makers still do not provide drivers for Linux, and in cases where generic drivers won’t work the Linux user is confronted with either turning their incompatible printer into a doorstop or falling back on workarounds like using Google Cloud Print. It’s an efficient service that comes in handy. It’s also free. Free often comes at a price, however, and in the case of Google, like many other technology companies, that means turning the user of the free service into a product sold to marketers. Google is perhaps no worse in this respect than companies like Facebook, only more pervasive by its utter ubiquity. It’s nearly impossible to escape Google entirely and still get along in today’s technological world. Google’s Chrome OS may bring up the rear among major desktop and laptop operating systems, but its Android OS for smartphones leads the next highest competitor, Apple’s iOS, by a huge margin at around 85 percent to 15 percent.

Printer manufacturers appear interested mostly in configuring their drivers for the two biggest desktop and laptop operating systems, Windows and Mac, and Linux is generally an afterthought. Chrome can fend for itself, and to some extent Linux can as well, but not without having to resort to using Google services occasionally. Linux developers are volunteers, and they can’t keep up with the myriad of proprietary configurations for all the printer models hitting the market each year. Much of the proprietary nature of printer drivers has nothing to do with actually making the product perform its basic functions, but rather with marketing gimmicks like greeting card suites.

Al Pacino in The Godfather: Part III, a 1990 film directed by Francis Ford Coppola. Not that large technology companies are necessarily comparable to the Mafia, but to some people their grasp may feel similarly inescapable.

Now more than ever people need a reliable printer at home. About the only way left of obtaining tax forms is to download them from the internet and print them at home. Using the internet and printing out web pages has become a major factor in children’s schoolwork, and their parents need to print out receipts and coupons or run a home office. Getting along without a printer, or having to jump through hoops in order to get one to work properly, can no longer be part of how most people cope with the modern world. For most people, the 90 percent who use either Windows or Mac computers, compatibility problems are rare to nonexistent; for the 10 percent minority, and particularly those who wish to go against the flow with Linux, incompatibility between operating system and printer should no longer be an issue if manufacturers want to sell their wares to all consumers and ensure the same ease of use long enjoyed by the majority. It’s about time for proprietary drivers to go into the desktop trash can.
— Techly

 

Your Bitcoin or Your Files

 

The WannaCry, or WannaCrypt, ransomware that attacked mostly networked computers running unpatched Windows operating systems last month did not affect many non-networked home computer users, but that doesn’t mean those users will avoid future attacks. The computers of home users are often just as vulnerable as those used by banks, hospitals, and other large institutions. They are less likely to be attacked only because they aren’t generally tied into a larger network and because loss of their data is not critical. Home users also have less money, or access to Bitcoin, than large institutions, making an attack on them not as worthwhile for hackers.

 

Computer Using Cat
Cat using computer; photo by EvanLovely.
Any computer running any operating system connected to the internet is vulnerable to ransomware, malware, viruses, and a host of other exploits. Macintosh and Linux operating systems are partially less vulnerable than Windows, but not invulnerable. The same goes for the Android and iOS mobile phone platforms. Frequently updating an operating system with patches downloaded from the operating system provider is key to maintaining security. An equally important best practice is to avoid human error in daily computing, such as being wary of web links or attachments in suspicious emails, and even being careful of clicking on ads from unknown providers on sketchy websites. The internet is a teeming public square where pickpockets mix with everyone else, and where some side streets and alleyways lead to unwholesome places, increasing the likelihood of something bad happening.

 

All this seems like common sense and fairly common knowledge, so why are large institutions with professional Information Technology (IT) staff on hand nonetheless vulnerable to cybercrime exploits that home computer users who are conscientious about updating their software and careful when visiting the internet can usually avoid? Are the IT departments incompetent? The answer is they apparently do their best most of the time, like anyone else with a job to do, but their efforts are many times hobbled by that second factor mentioned above – human error. And the larger the organization and the more computers tied into the network, the greater the chances for one small human error to multiply throughout the organization. IT specialists are also hobbled by the unwillingness of higher ups to let go of outdated operating systems like Windows XP. The WannaCry ransomware targeted unpatched, networked Windows XP computers.


From Woody Allen’s 1969 movie Take the Money and Run, a job interview presumably for an IT position, with a nod to the old TV quiz show, What’s My Line?

Here we have blame enough to go around for everyone: from the executives who, whether out of cheapness or reluctance to overhaul their company’s computer systems, failed to modernize; to the IT specialists who, whether from incompetence or overwork, failed to install vital patches to an outdated operating system; to the end users or user sitting at a computer who, whether out of ignorance or foolishness, clicked on a malicious link or fell for a phishing scam, and then passed it on to co-workers. What made the WannaCry ransomware especially vicious was its ability to exploit the very minimum of human error in order to replicate throughout a network. Computer experts are still not certain of the attack vector WannaCry used to gain initial access. The patch Microsoft issued months earlier should nevertheless have protected Windows XP computers, human error or no.

 

1940 Oldsmobile Station Wagon
1940 Oldsmobile Station Wagon advertisement. You rarely see Woodies like this on the road these days!
Windows XP was Microsoft’s most popular operating system ever, and it’s understandable many users are reluctant to let it go. There are a lot of reasons Microsoft has tried to move on from Windows XP, as popular as it remains, and at this stage those reasons, good or bad, believable or not, are beside the point. The fact is Microsoft is moving on. For computer users to cling to Windows XP at this point is like automobile fanciers who own vintage cars: Yes, having a fine old car can be engaging, but don’t expect there will be many qualified mechanics available to work on it, or driving it on interstate highways will be a safe and effective means of travel in the 21st century. Windows 10, the up to date model of Microsoft’s operating system, has plenty of faults, among them being a data hog that is far too chatty with its home base so that it can mine the user’s personal data for sale, a lesson Microsoft learned well from Google, but at least it’s safely built for travel on today’s internet, the information superhighway, as Al Gore called it. Drive safely.
― Techly

 

How About That Free Lunch Now

 

The great thing about the internet is that it is interactive; interactivity is also one of the bad things about the internet. When people read paper newspapers, way back when, they were exposed to advertisements paid for by commercial establishments in the news and features sections, and to classified advertisements paid for mostly by individuals or small businesses in a section of their own. Paper newspaper advertisements were interactive only in the sense that the reader could choose to ignore them. This was reasonably easy for the reader because the ads themselves did not hop up and down, yell and scream for attention, obfuscate the actual content of the newspaper for a period, or otherwise make a nuisance of themselves and detract from the peaceful enjoyment of the newspaper by the person who had paid a dime or a quarter for it.

When newspapers and writers of other content moved to the internet, they still needed to make a living, of course, and naturally they turned to advertisers to help fund their efforts. Since there was no pay model for the internet, such as had been the case in the days of paper newspapers when readers either subscribed for home delivery or paid directly at street corner kiosks, publishers relied even more heavily on advertisers for income. For some reason, people had gotten the notion that internet content should be free, and rightly or wrongly that’s the way things developed. Here is where the interactive part kicked in and started an internet arms race.

Bob Dylan performs his song “Mr. Tambourine Man” at the 1964 Newport Folk Festival. Dylan’s guitar and harmonica rig is much like the getup buskers used then and today to make a few dollars for their efforts. All that’s missing here is the hat or guitar case for collecting money tossed in by passers by. Many small websites, like this one, have to either pass the hat by posting a “Donate” button, or hope for the best from advertising revenue, or both.

Advertisers realized that since the internet was interactive and didn’t just lie there waiting to wrap fish after it was published like the old paper newspapers did, they could do things to jazz up their ads and, they thought, readers would pay closer attention and the advertisers would see higher returns. Great! Not all advertisers, just the ones who lacked any restraint, got their ads to hop up and down, to yell and scream for attention, to obfuscate for a period the content the reader was actually there to see, and to otherwise make a nuisance of themselves in order to draw attention. It turns out people did not like that, particularly the ones with slow internet connections or limited bandwidth, which the sparkly new advertisements ate into, much to the hapless reader’s dismay. Enter software engineers with a retaliatory response.

The software engineers had some experience in combating opponents in the advertising field after having worked to swat away the pop up army of advertisements that plagued internet users in the early days. One thing many advertisers have never been known for is restraint. Now here they were again, but instead of pop ups they were employing twitchy, sparkly, pushy advertisements. The software engineers working on behalf of browser makers and internet users came up with ad blockers. Now all ads were blocked. Hah hah! Internet users had the option of whitelisting – or permitting – ads on a website in the options menu of their ad blocker, but who would ever bother to do that? Publishers noticed, however, that their internet ad revenue plummeted.

An emotionally fraught rendition of “Silver Springs” in a 1997 concert by Fleetwood Mac, which demonstrates why they continued to draw large crowds well after their heyday. The song, written and sung by Stevie Nicks, who as a songwriter ranks in the top echelon of 1970s and 1980s pop and soft rock, is a deeply personal revelation. Fleetwood Mac had by 1997 long passed their peak of popularity for album sales, but concert ticket prices for such an established group with an extensive catalog of hits remained high, from $20 to $50 for the cheap seats, to over $100 for the best seats. The internet works similarly, with an enormous underclass of websites barely making it, and several well established websites with large followings dominating the market.

Enter Google in the spring of 2017 with the Funding Choices program and their own ad blocker built into their Chrome browser, which in the past year has overtaken Microsoft’s Internet Explorer as the world’s most popular browser. But since Google makes the lion’s share of its revenue selling ads and marketing user information, why would Google then be against ads? Because the obnoxious ads that prompted the development of ad blockers have poisoned the well for everybody, and Google, with its dominant market position, can dictate which ads will fly and which ones won’t.

The Funding Choices program is geared toward internet users, telling them they can pay to subscribe to a publisher’s content and go ad free, or view the content free on condition they allow ads, which Google assures them they have vetted for good behavior. Google’s ad blocker built into its Chrome browser is geared toward advertisers, telling them essentially that unless they allow Google to vet their ads for good behavior, they will not see the light of day on the world’s most popular browser. All of this would seem a boon to both internet users and publishers. But that depends on how much they trust “Don’t Be Evil” Google. Rather than turn over yet more power to Google, a company which has already surpassed Microsoft in ways not only financial but morally suspect, perhaps the time has come for internet users to seek alternatives not only for search but for the multitude of other applications which Google has used to ingratiate itself as the public’s servant, the servant whose ear is always at the door. This website, for one, will seek alternatives to displaying Google ads. Oh, you weren’t even aware there were Google ads on this website?
― Techly