We need to learn to live with the big companies which dominate the internet – but right now our only policy responses are state control or free market monopoly.
This post was first published at the New Statesman on Monday 9th February 2015
On 6 May 2010, more than half a million Facebook users voted in the UK election. We know this because they told us. Each of them pressed a button on their Facebook profile announcing they had exercised their electoral right. Their Facebook announcements almost certainly galvanised other people to vote and increased turnout. At least, we know that is what happened in the US election that November. Research on the US Facebook election experiment concluded that the “I voted” button motivated 60,000 voters to go to the polls in the US in 2010, and that in turn triggered 340,000 extra votes. Facebook’s intervention took it beyond a passive platform and towards having a more active civic role, but given the decline in voter turnout in the UK and US, few would argue that getting out the vote was not a civic good.
Facebook and other US digital media giants – Google, Twitter, Apple, Amazon and others – have already become integral across our work and social lives. Half of the people in Britain who use the internet are active Facebook users. Google has an 88 per cent share of search in the UK, and 92 per cent in Europe – and even higher in mobile search. Government ministers and departments now rely on Twitter to communicate policy. Eight out of ten ebooks sold in the UK are sold by Amazon.
Many of us rely on these digital behemoths to deliver and store our correspondence, to report our news, to help us find information, to tell us how to get somewhere, to arrange our meetings, to produce and store our work. Nor is our reliance restricted to our social and working lives. Increasingly we are also using these services for democratic purposes. We start and join campaigns on Facebook. We demonstrate political support through Twitter: #jesuischarlie, #bringbackourgirls, #99percent, #icantbreathe. Google accounts for between a quarter and a half of Europeans’ method of accessing news online.
One of the consequences of this is that these commercial corporations know an awful lot about us. Facebook is, according to recent academic research, more likely to know what you like than your mum or dad. Apple, on whose iOS platform half of UK smartphone users rely, knows who you call, where you go, and a good proportion of the news you see. As for Google’s Android, which now supports the majority of smartphones in the world, the “operating system has only one core function, which is to collect data about you”.
This puts a lot of the power over British citizens in the hands of these US media giants. The power to provide or obscure information. The power to assemble and make accessible our digital identities. The power to enable us to connect and co-ordinate with one another. The power – in certain situations – to predict what we are going to do next. And the power to pass on – or sell – our private information, to retailers, media outlets, the security services, or to use for their own purposes. So powerful is the personal data held by these companies that David Cameron put gaining access to it at the forefront of his agenda when he went to see the US president in January.
Yet the UK is just one of many franchises as far as these global titans are concerned. Facebook’s 33 million British monthly users make up less than 3 per cent of worldwide Facebook users. This proportion will shrink further if Facebook’s ambition to connect some of the four billion unconnected people in the world via internet.org succeeds. The 18 million Britons who rely on Google’s Android make up less than 2 per cent of Android users worldwide.
Outside the UK, these US companies’ political influence has been even more material and profound. Facebook did not cause the 2011 Egyptian revolution, but it was critical in its incubation and early co-ordination. Twitter did not find Osama bin Laden, but we knew the Americans had thanks to Twitter. Amazon did successfully (though only temporarily) shut down access to Wikileaks when it dropped it from its cloud.
Until the last couple of years most democratic countries have simply stood by and watched as these global behemoths have grown. We have been happy to be gifted their digital tools that make our lives more efficient, more connected and – digitally, at least – more transparent.
Only recently have democratic governments begun to get anxious. It is not surprising that they are worried. These companies dominate markets and in some areas monopolise them. Some of these services are arguably becoming utilities, deprived of whose benefits one becomes unable to participate fully in society.
Moreover, they have increased their penetration and their scope far beyond the private sphere. Microsoft has developed predictive policing software. Amazon Web Services runs the CIA’s data cloud. Google predicts the spread of flu. Facebook promotes voting in elections and helps find missing children. Yet they are almost all US companies, and often do not have their headquarters in the countries in which they operate. Most have located their European offices in tax-friendly Ireland or Luxembourg.
The UK government, and UK citizens, have very little influence over these tech giants, or how they behave. We trust they will be kind and do no evil, but have little leverage if they choose to do otherwise. As Rebecca MacKinnon wrote of Facebook and Google+, the two “share a Hobbesian approach to governance in which people agree to relinquish a certain amount of freedom to a benevolent sovereign who in turn provides security and other services”.
The recent Intelligent Services Committee report on the murder of Lee Rigby lamented the UK government’s lack of power. “None of the US companies we contacted”, the report says, “accept the UK’s jurisdiction on requests for Lawful Intercept (i.e. content) for intelligence investigations”. These US companies included Facebook, Google, BlackBerry, Microsoft, Yahoo, Apple and Twitter. Given the increasing use of encryption, the report goes on: “[W]e consider this to be the single most important challenge that the [UK Security] Agencies face. It has very serious ramifications for the security of the UK”.
Non-democratic states have already taken steps to neuter these digital giants. Some have sought to block or constrain them, while nurturing national – and more compliant – alternatives. China blocked Facebook in 2009 (though, after assiduous courting by Mark Zuckerberg, is considering letting it back in). Google operates in China, but its service is frequently disrupted, meaning its share languishes at less than 2 per cent. Russia has gone further, with its lower House passing legislation in 2014 that would require internet companies to store Russian citizens personal data within Russia. Combined with the RuNet website blacklist, the restrictions on blogs with a daily audience of more than 3,000, and the “law against retweets”, this means the Russian government will have huge power over its citizens’ digital behavior, and have full knowledge of its citizens’ digital footprints.
Erich Honecker’s East German government could only dream of having this much information about and control over its citizens. No democratic state should want to go in this direction – or, if they do, then they would quickly lose any democratic credibility.
So how should the UK and other democratic societies respond? What are the alternatives to blithely accepting US digital dominance or reacting in an autocratic anti-democratic way? Have Europe’s responses to date been well-informed, forward-thinking, constructive and cognizant of civil liberties? Sadly not.
In November 2014 the EU Parliament proposed breaking up Google into separate parts – splitting search from maps, news, email and social. Even though this was a symbolic gesture it is not clear why the Parliament thought such a move would be constructive. The chief alternatives to Google in search, maps, “free” email and social are also all US tech giants.
Two months earlier George Osborne announced, with some fanfare, that “some technology companies go to extraordinary lengths to pay little or no tax here … My message to those companies is clear: we will put a stop to it”. Yet, as numerous commentators subsequently concluded, the new tax arrangements are unlikely to have much impact beyond sending a political message to Google and its peers.
The November 2014 UK government report into the killing of Lee Rigby proposed, amongst other things, that Facebook and others keep their users under surveillance and pass on information to the UK government. Not only is this technologically impractical (there are 4.75 billion pieces of content shared a day on Facebook), but creates a dangerous precedent. This would essentially mean Facebook acting as a sort of private sector GCHQ, scouring people’s profiles and correspondence for any evidence of potential terrorism or criminality (and note the ambiguity “potential”).
Perhaps the most regressive proposal of all was David Cameron’s promise, in January 2015, that, should the Conservatives be re-elected, he would pass laws to ensure that there were no ‘safe spaces’ online where people could communicate without the government being able to gain access.[xxv] Not only would this be technically impossible, to head in this direction would take the UK on a path pursued by authoritarian statist countries like Russia and China.
Cameron’s proposal, and others across Europe, indicate a wider policy vacuum. There is a digital policy black hole regarding how to deal with these companies into which regressive, reactive policies are being proposed without much thought for their practical application or their negative implications. As yet there are almost no proposed democratic alternatives. We have no separate, plausible, social-democratic option as distinct from the US free market individualist model or authoritarian statism.
This is because there has, to date, been so little substantive policy thinking about how to respond to these digital giants in a way that both acknowledges and welcomes the significant benefits they bring, but also enables us – over time – to create an environment in which we no longer rely on them so much.
If we want greater competition in the search market, why have we not discussed how to make the web easier to navigate (for example through more consistent metadata)? If we are concerned about tech giants hoarding personal data, why not consider Evgeny Morozov’s suggestion that such data “stripped of privacy-compromising identifiers… be pooled into a common resource”? If Twitter – which has always struggled to make a profit – closed down tomorrow, would we simply do without it, or wait for the market to come up with an alternative? Should we consider whether the BBC could build a public service alternative – building in proper safeguards for independence and privacy protection? If we are genuinely concerned about misuse of our private data by these US firms, should we not explore the “information fiduciary” concept suggested by Jack Balkin and others?
Our failure to explore alternatives may be due to our inability to foresee the dangers. The usefulness and convenience of these digital tools makes us blind to the potential economic, social and political risks. Until these dangers become clearer then there will be little political will to take action.
Meanwhile, our reliance on these digital leviathans continues to grow. Within the last year both Facebook and Google have taken significant steps into the world of work (see Facebook @work and Google MyBusiness) and expanded into new markets (such as through Facebook’s internet.org). If, at some point in the near future, there is another terrorist attack in the UK, the government will again place some blame on these US corporations and try to respond. Deprived of constructive, intellectually robust responses it is highly likely they will react in a way that harms not just the companies themselves, but all of us who have come to rely on them for our work, our social life and – increasingly – our civic participation.
On 7 May, many of us may click on a new Facebook “I voted” button. This will encourage more of us to vote. Facebook will have performed a civic good. But, as Jonathan Zittrain pointed out with respect to the 2010 election experiment, there is nothing to stop Facebook deliberately prompting only certain voters and thereby skewing the result. How would we ever know? Even if we did know, or found out, there is nothing we could do about it. As these tech giants bring us unprecedented tools for civic participation, we have a responsibility to think more carefully about how to ensure they “don’t be evil”.