Category: Regulation

Federal Court overturns Texas Law banning social media ‘viewpoint discrimination

On By alanapotIn Censorship, RegulationLeave a comment
Photo by Drew Angerer/Getty Images via https://www.theverge.com/2021/12/1/22809654/texas-law-blocked-netchoice-ccia-injunction-viewpoint-discrimination

Recently, a federal judge voted to block a pending Texas law that was set to limit social platforms’ ability to monitor content on the basis of violating the First Amendment. The Texas Social Media Law looks to “web services with more than 50 million monthly active users from removing or otherwise limiting content based on the user’s “viewpoint,” along with other posts requiring a quicker takedown period of illegal posts and lower moderation of “controversial” posts.

The order to block this pending law came from Judge Pitman and the court in Austin, Texas. They found that the alleged “viewpoint discrimination” in the law can be understood as editorial discretion. Judge Pitman also notes other clauses in the law were “inordinately burdensome given the unfathomably large numbers of posts on these sites and apps,”. The order also notes noted that this law was intended to fight “liberal-leaning” moderation on sites such as Twitter and Facebook. It is obvious as the threshold of active monthly users is very high, at 50 million, and if it were lower it would have also covered conservative-friendly sides like Parlor and Gab.

“Private companies that use editorial judgment to choose whether to publish content — and, if they do publish content, use editorial judgment to choose what they want to publish — cannot be compelled by the government to publish other content.”

Federal Court Order against Texas Social Media Law

New and pending laws on social media usage are what are going to affect our futures as media professionals directly. Having an understanding of laws and what is or isn’t covered by the First Amendment is key to staying on top of our own possible media businesses.

Robertson, A. & Brandom, R. “Federal court blocks Texas law banning ‘viewpoint discrimination on social media” The Verge. https://www.theverge.com/2021/12/1/22809654/texas-law-blocked-netchoice-ccia-injunction-viewpoint-discrimination

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Hollywood’s Behind-The-Scenes Staff reach Tentative Deal with Studios, adverting strike scheduled for Monday

On By alanapotIn Cable, Media Covergence, Movie, Netflix, Regulation, TelevisionLeave a comment
IATSE President Matthew D. Loeb, Image via AdWeek/IASTE

IATSE, the International Alliance of Theatrical Stage Employees, recently came to a tentative agreement with the Alliance of Motion Picture and Television Producers (AMPTP), adverting a scheduled strike for this upcoming October 18th. IATSE is a union representing about 60,000 crew members including hairstylists, costumers, gaffers, propmakers, cameraworkers and other behind-the-scenes jobs on set. The union had been negotiating pay, work schedules and more with AMPTP, an organization that represents companies such as Netflix, Warner Bros, Universal Pictures and Paramount Pictures, since May.

Prior to the tentative agreement, IATSE President Matthew Loeb said in a statement posted on Twitter: “We will continue bargaining with the producers this week in the hopes of reaching an agreement that addresses core issues, such as reasonable rest periods, meal breaks and a living wage for those on the bottom of the wage scale” 

If the strike had occurred it would’ve been the first time Hollywood’s Behind-The-Scenes workers had held a strike since World War II and would represent the largest cease Hollywood’s workforce since a 14-week writers’ strike in 2007.

According to IATSE, the 3-Year contractual agreement with AMPTP includes living wages for the lowest paid workers, higher wages, daily 10 hour rest periods and weekend 54 hour long rest periods along with other basic benefits. Prior to this, streaming TV and film productions featured lower pay scales for workers which reflected budgets at the beginning of the medium and platforms. However, streaming is now a very large chunk of the market and worker’s felt their wages should reflect that. The increased production and volume of streaming entertainment had also made for grueling, “around-the-clock” and “around-the-calendar” (Sutton, 2021) working conditions.

Overall, this situation between IATSE and AMPTP reflect the truth behind what is going on behind the scenes of the public’s favorite shows and streaming platforms. It also reflects streaming as medium that is here to stay and in need of regulation for it’s workers.

Del Barco, Mandalit. “Hollywood crew members reach a tentative deal with major studios, averting a strike” NPR, 16, October, 2021. https://www.npr.org/2021/10/16/1045711954/hollywood-crew-members-iatse-reach-deal-no-strike

Sutton, Kelsey. “TV, Film Workers Set Oct. 18 Strike Date as Negotiations With Studios Stall” AdWeek, 14, October, 2021. https://www.adweek.com/convergent-tv/tv-film-workers-set-oct-18-strike-date-as-negotiations-with-studios-stall/

Connecticut Attorney General Requests Meeting with TikTok over ‘Slap A Teacher’ Challenge

On By alanapotIn Online Safety, Regulation, TikTokLeave a comment
(Image from Solen Feyissa on Flickr || https://www.flickr.com/photos/solen-feyissa/50179261657)

Connecticut Attorney General William Tong (D) has requested to meet with Tiktok CEO Shou Zi Chew over concerns of potential safety issues of a rising ‘Slap a Teacher’ Challenge trend and other impacts of Tiktok on Connecticut students.

In the letter that was addressed to Tiktok’s CEO, Attorney General Tong notes that a high school in New Britain, Connecticut recently had to shut down because of the “Devious Lick” trend on Tiktok. Educators in the school gave reports of “stolen school property, clogged toilets, and excessive vandalism” due to the challenge that was viral on the app in September. Tiktok has since removed “Devious Lick” content from its platform and Tong commends the company for that in his letter.

However, Attorney General Tong is calling upon Tiktok again because of the threat to educators with the rising “Slap a Teacher” Tiktok challenge. According to an article by The Hill, this dangerous challenge was set to begin in October, but does not seem to have caught on significantly. The challenge “involves a student calmly approaching a teacher and slapping them”. While attempts of this challenge have not yet been reported in Connecticut, parents in Lancaster County, South Carolina, were warned of an incident where an elementary student allegedly participated in the challenge, striking a teacher in the back of the head.

The Connecticut Attorney General ends the letter with a request for a detailed outline of the platform’s policies and procedures against misuse and abuse of content by Tiktok users and to “thoroughly analyze” why these measures are currently inadequate. He finally asks the CEO to meet with himself, educators and parents to hear first hand the effects the content on their app has on the youth of Connecticut. You can read the full letter below:

Overall, we see the real life effects social media has on today’s youth and how it can be harmful or dangerous to themselves or others. While being able to proceed without large consequences in the past, many social media companies are now having to create new regulations for their user base in order to protect children and other groups.

Choi, Joseph. “State AG seeks meeting with TikTok CEO over ‘Slap a Teacher’ challenge” The Hill, 04 October, 2021. https://thehill.com/homenews/state-watch/575273-state-ag-seeks-meeting-with-tiktok-ceo-over-slap-a-teacher-challenge?rl=1

Shake Shack is the light at the end of the tunnel

On By Aidan PlunkettIn Brand, coronavirus, Corporate, Political, Regulation, Social Issue(s), UncategorizedLeave a comment

Following up my last blog post about public companies announcing they would not be returning funds meant for small businesses is an article from NPR which discusses how Shake Shack is returning a $10 million federal loan after the Paycheck Protection Program (PPP) that was meant to help small businesses ran out of money in less than two weeks of operation. 

The company will “immediately return the entire $10 million PPP loan we received last week to the Small Business Association (SBA) so that those restaurants who need it most can get it now,” their CEO said. Shake Shack employs about 8,000 people at its restaurants across the United States, but only around 45 people in each location. While their revenue to date marks a decline from 2019,  the company has $104 million in cash and assets, says it has secured other loans to cover the money that would have come from the SBA. 

Shake Shack’s CEO criticized the PPP system for being confusing by limiting the funds and setting the program to run through June 30 – “it’s inexcusable to leave restaurants out because no one told them to get in line by the time the funding dried up”. 74% of the PPP were for less than $150,000, according to the SBA- but that represents only 17% of the total money disbursed through the program. Nearly 28% of the money was awarded to companies seeking loans of $2 million or more. 9% of all approved PPP funds were granted to the food service and accommodation industry, roughly $30.5 billion.

I wanted to write this article because Shake Shack clearly did the right thing by returning the funds, but the PPP system that has been set up is indeed confusing and something needs to be changed. Yes, I think Shake Shack made the right, and ethical choice, but I don’t commend them for it simply because it would have been the wrong thing to do had they kept the funds. As the article stated Shake Shack has $104 million in capital, and as their CEO essentially said, they can afford to pay for some things out of pocket rather than take $10 million away from the majority small businesses that really need them (the 74% that were granted for less than $150,000). 

https://www.npr.org/sections/coronavirus-live-updates/2020/04/20/838439215/shake-shack-returns-10-million-loan-to-u-s-program-for-small-businesses

Corporate America Doesn’t Care About Anything But Profits

On By Aidan PlunkettIn coronavirus, Corporate, Political, Regulation, Social Issue(s), UncategorizedLeave a comment

An article from CNBC discusses several public companies that took small business rescue loans say they are not giving back the cash” discusses how not only did the Federal Government mistakenly give public companies and corporations the rescue funds that were specifically meant to go to small business owners, but many of these companies are now officially taking the stance that they will not give these funds back- all while the rescue fund for small businesses have been wiped out entirely and there is no more money to give at the time being. 

CNBC reached out to the 41 biggest publicly traded companies that had received Paycheck Protection Program loans to see if they would be returning the funds. Six said they had no plans to return the funds, five said they will (or had) returned the money, while 30 either did not respond or said their decision was pending. One CEO keeping the cash said, “to return would be breaching fiduciary duty.” The government warned public companies on Thursday to return the relief loans in two weeks if they wanted to avoid scrutiny about whether it was necessary for them to take the capital.

I bring this instance up for a few reasons, first being why hasn’t Uncle Sam simply withdrawn those funds that were wrongfully given to public companies, and reallocate the funds to those small businesses that are still waiting and unable to receive any additional help? It seems that this mistake on behalf of our own government could easily be fixed, yet they are allowing the true mom-and-pop shops to suffer while corporate America continues to get more and more benefits (i.e. tax breaks, increasing salaries for executives, etc.). Simply warning companies that they will only ‘face scrutiny’ if they do not return the funds is a very weak threat. When congress wants something, they find a way to pay for it- don’t feed the public that there is no more available rescue funds for small businesses while the news is celebrating the frontline workers during the pandemic such as grocery stores, delivery/trucking, healthcare, many of whom work for small businesses and corporations alike- don’t make it a choice about who is in more need of help when the economy is halting. 

https://delawarebusinessnow.com/2020/04/from-cnbc-several-public-companies-who-took-small-business-rescue-loans-say-they-are-not-giving-back-the-cash

Accessibility of Online Learning

On By Aidan PlunkettIn coronavirus, Distribution, Diversity, Education, Media Covergence, News Media, Political, Regulation, Social Issue(s)Leave a comment

Due to the coronavirus pandemic, there have been major shutdowns across the country and around the world at large for many businesses, schools and universities. These shutdowns have let to demand and necessity for online learning resources. Many upper-level education institutes and organizations have made the decision to move to online learning indefinitely. As a student at Temple University, we moved to online learning for the rest of the semester in mid-March. My mother is a math teacher at a high school in the suburbs of Philadelphia, and they have made the decision to move to online learning indefinitely.

This makes me begin to think about many things…

A decade ago, switching to online learning or mandating that students learn via online resources would not have been possible. Technological advancement and globalization have led to an increase in technological capabilities and increase in the number of people who have access to technology and the internet. That same globalization is what has enabled the spread of the COVID-19 virus around the world. 

The spread of this virus has therefore created a demand and necessity for online learning resources and accessibility. The media has portrayed the COVID-19 virus as extremely bad, yet last year the flu had 350 Million cases and over 20 thousand deaths in the United States alone. Has the over-scaring tactic of the media facilitated the demand for online learning? Obviously we need to be cautious, and I understand the idea of ‘flattening the curve’, but I can’t help but wonder who’s profiting most while many people suffer.

I wrote this article because I recently learned about Community Learning Center, an adult literacy nonprofit organization in Philadelphia that provides low-income adults with free education classes and services. While large institutions like Temple can provide the technology or resources for students to participate in online learning, smaller, nonprofit organizations like CLC don’t have the funding or resources to equip all of their students with the necessary technology to participate adequately in online learning, if at all. However, the potential of online learning capabilities being accessible to everyone poses benefits for many people across many levels of education.

Clearview of Your Personal Life

On By David SonIn Artificial Intelligence, Brand, Data, Media Covergence, News Media, Regulation, Social Issue(s), TechnologyLeave a comment

Hoan Ton-That an Australian techie and onetime model is inventing technology that would end the ability to walk down the street anonymously.  Providing this technology to local cops in Florida, F.B.I. and Department of Homeland Security

In this article by Kashmir Hill, a company called Clearview by Hoan Ton-That can disclose any personal information of you. His company has created an app where anyone can take a picture of a person and upload it.  The app will then retrieve all the online data of that person using facial recognition. The database for this facial recognition can be anything a person has ever posted online, including Facebook, YouTube, and even Venmo.  This technology goes beyond anything any of the Silicon Valley giants or United States government has ever created.

Federal and state law enforcement officers have used this app to help solve cases of shoplifting, identity theft, credit card fraud, murder, and child sexual exploitation cases.

This technology is often frowned upon though, because of its invasion of privacy.  Google’s chairman in 2011 said this piece of technology was the only thing they refrained from because it could end up harming society more than it is helping.  San Francisco has barred police from using this technology.

This company has made ways through law enforcement.  More than 600 law enforcement companies have used this technology without publicly announcing that they have been using it.  Clearview is also refraining from disclosing this list of companies who are using it.

This technology goes beyond identifying criminals.  The computer code has been analyzed by The New York Times and it has been discovered that this technology is being linked with augmented-reality glasses.  Users could identify anyone through wearing these pair of glasses.  This would be including an activist in a protest, an attractive classmate, anyone.  This would not only reveal their name, but also where they live!  It can reveal a lot of information about that person, even what they did and who they know. 

DOT to Make Auto Industry Tech & Features Speak the Same Language

On By Aidan PlunkettIn Auto Industry, Regulation, TechnologyLeave a comment

An article by Aarian Marshall from Wired.com brings up how terms like Automatic Emergency Braking, Collision Imminent Braking, Autonomous Emergency Braking, Collision Intervention, Autonomous Braking, and Dynamic Brake system all actually mean the same thing and are just some examples of the different words and phrasing that automaker’s marketing teams come up with to make their technology of automatic emergency braking systems to seem unique and appealing. 

As of a week ago, the Department of Transportation is supporting efforts to educate the entire auto industry- drivers, dealers, manufacturers and marketers on the approved language surrounding new technology in personal vehicles. The list of approved terms was released a year prior and states that when operating a vehicle, “the driver is responsible for the primary task of driving”, whether it be a Tesla using their ‘Autopilot’ feature or a Ford with ‘Pre-Collision Assist and Automatic Emergency Braking’. 

Image result for car safety technology

Studies by the Insurance Institute of Highway Safety show that drivers overestimate the range of capabilities in features like ‘Autopilot’ or ‘Adaptive Cruise Control’ as well as automatic emergency braking systems. A review by AAA showed that in the U.S. automaker marketers use 20 different terms for adaptive cruise control and 19 different terms for blind-spot warning systems. Another study done by the Insurance Institute of Highway Safety looked at police report data and insurance claim data to find that vehicles with front collision warning features were involved in 27% less front-rear accidents than those without and vehicles with front collision warning features and automatic emergency braking systems were involved in 50% less front-rear accidents. 

The list of approved terms released last year by the Department of Transportation won’t fix the issues of vague or confusing marketing in the auto industry but they will lead to a list of mandated terms of which manufacturers can use to describe their technological features. The list, as stated before, aims to educate drivers (consumers) about the reality of the capabilities of the features in their vehicles, but also will shape the future for regulation on informing consumers of what the fancy marketing terms actually mean. 

https://www.wired.com/story/auto-safety-features-speak-same-language/

TikTok Continues to Refine Content Policies in Response to Various Concerns

On By Alexa SouthardIn Regulation, Social MediaLeave a comment
https://www.socialmediatoday.com/news/tiktok-continues-to-refine-content-policies-in-response-to-various-concerns/568386/

TikTok is certainly the up and coming platform, and is a perfect marketing tool to reach younger audiences. However, because of its appeal to a younger generation, there are potential issues with content moderation and policies as it moves to the mainstream social media sector.

An alarming discovery was made about a policy that limited the reach of content posted by users with disabilities, including users with autism, down syndrome, or facial defects. This was an attempt to protect said users who are “more susceptible to harassment and cyberbullying”, however, it made their content reach a much smaller audience on purpose. TikTok claims this was in response to bullying on the app, however, it was then discovered the same policy/algorithm was applied to videos of users who appeared to be “self-confident and overweight, or homosexual”. This problematic policy was in place until September this year.

Other problematic regulations came from the app’s owners and bosses in China. This included a user being suspended for posting videos condemning the Chinese government’s oppression of Muslims. There have also been concerns raised by Australia’s Strategic Policy Institute, claiming TikTok has been used to further Beijing’s political agenda. Questions have been raised about the platform’s ability to succeed while under the strict Chinese content regulations, and these problematic implications.

The application has dismissed its claims of censorship as miscommunication or misunderstandings, but the examples are undeniable. TikTok has repeatedly claimed the US-based content is independent, however if this is true, there needs to be solid documentation supporting it is not governed by Chinese regulations, and that posts will not be taken down or tampered with.