Bringing Candor to Charitable Solicitations

The American public donates a staggering amount of money to nonprofit charities. These charities routinely solicit and receive money from donors for specific, earmarked purposes. Often, however, charities ignore their obligations to use money for these designated uses. In many circumstances, even a seemingly benign redirection of earmarked gifts for other charitable purposes could constitute fraud and misrepresentation. Breaking the implicit or explicit promise to use money in a designated manner harms donors, charities, and the public. Prospective donors assess the value of charitable donations in a manner similar to the way they value consumer goods and services and can be swayed by false claims. Accordingly, allowing distortions of perceived value misleads donors when they are directing their charity. In light of detailed examinations of charitable-organization spending practices, this Article will propose that charities should adhere to a new, higher level of candor in their public communications. Maintaining a renewed, scrupulous approach to disclosure would, in Chief Justice John Marshall’s parlance in Trustees of Dartmouth College v. Woodward, ensure “that the charity will flow . . . in the channel” that the donors expressly choose

Selling The American People: Data, Technology, And The Calculated Transformation Of Advertising

This dissertation tells the history of a future imagined by advertisers as they interpreted and constructed the affordances of digital information technologies. It looks at how related efforts to predict and influence consumer habits and to package and sell audience attention helped orchestrate the marriage of behavioral science and big-data analytics that defines digital marketing today. My research shows how advertising and commercial media industries rebuilt their information infrastructures around electronic data processing, networked computing, and elaborate forms of quantitative analysis, beginning in the 1950s. Advertisers, agencies, and media companies accommodated their activities to increasingly calculated ways of thinking about consumers and audiences, and to more statistical and computational forms of judgement. Responding to existing priorities and challenges, and to perceived opportunities to move closer to underlying ambitions, a variety of actors envisioned the future of marketing and media through a set of possibilities that became central to the commercialization of digital communications. People involved in the television business today use the term “advanced advertising” to describe a set of abilities at the heart of internet and mobile marketing: programmability (automation), addressability (personalization), shoppability (interactive commerce), and accountability (measurement and analytics). In contrast to the perception that these are unique elements of a “new” digital media environment that emerged in the mid-1990s, I find that these themes appear conspicuously in designs for using and shaping information technologies over the course of the past six decades. I use these potential abilities as entry points for analyzing a broader shift in advertising and commercial media that began well before the popular arrival of the internet. Across the second half of the twentieth century, the advertising industry, a major cultural and economic institution, was reconstructed around the goal of expanding its abilities to account for and calculate more of social and personal life. This transformation sits at an intersection where the processing of data, the processing of commerce, and the processing of culture collide

Your Post Has Been Removed:Tech Giants and Free Speech

This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, “hate speech” and “fake news” will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future.” Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe “This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!” Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorshi

Your Post has been Removed

This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, “hate speech” and “fake news” will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future.” Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe “This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!” Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorshi

Processing spam: Conducting processed listening and rhythmedia to (re)produce people and territories

This thesis provides a transdisciplinary investigation of ‘deviant’ media categories, specifically spam and noise, and the way they are constructed and used to (re)produce territories and people. Spam, I argue, is a media phenomenon that has always existed, and received different names in different times. The changing definitions of spam, the reasons and actors behind these changes are thus the focus of this research. It brings to the forefront a longer history of the politics of knowledge production with and in media, and its consequences. This thesis makes a contribution to the media and communication field by looking at neglected media phenomena through fields such as sound studies, software studies, law and history to have richer understanding that disciplinary boundaries fail to achieve. The thesis looks at three different case studies: the conceptualisation of noise in the early 20th century through Bell Telephone Company, web metric standardisation in the European Union 2000s legislation, and unwanted behaviours on Facebook. What these cases show is that media practitioners have been constructing ‘deviant’ categories in different media and periods by using seven sonic epistemological strategies: training of the (digital) body, restructuring of territories, new experts, standardising measurements (tools and units), filtering, de-politicising and licensing. Informed by my empirical work, I developed two concepts - processed listening and rhythmedia - offering a new theoretical framework to analyse how media practitioners construct power relations by knowing people in mediated territories and then spatially and temporally (re)ordering them. Shifting the attention from theories of vision allows media researchers to have a better understanding of practitioners who work in multi-layered digital/datafied spaces, tuning in and out to continuously measure and record people’s behaviours. Such knowledge is being fed back in a recursive feedback-loop conducted by a particular rhythmedia constantly processing, ordering, shaping and regulating people, objects and spaces. Such actions (re)configure the boundaries of what it means to be human, worker and medium

Media Distortions

Media Distortions is about the power behind the production of deviant media categories. It shows　the politics behind categories we take for granted such as spam and noise, and what it means to our broader understanding of, and engagement with media. The book synthesizes media theory, sound studies, science and technology studies (STS), feminist technoscience, and software studies into a new composition to explore media power. Media Distortions argues that using sound as a conceptual framework is more useful due to its ability to cross boundaries and strategically move between multiple spaces—which is essential for multi-layered mediated spaces. Drawing on repositories of legal, technical and archival sources, the book amplifies three stories about the construction and negotiation of the ‘deviant’ in media. The book starts in the early 20th century with Bell Telephone’s production of noise, tuning into the training of their telephone operators and their involvement with the Noise Abatement　Commission in New York City. The next story jumps several decades to the early 2000s focusing on web metric standardization in the European Union and shows how the digital advertising industry constructed web-cookies as legitimate communication while making spam illegal. The final story focuses on the recent decade and the way Facebook filters out antisocial behaviors to engineer a sociality that produces more value. These stories show how deviant categories re-draw boundaries between human and non-human, public and private spaces, and importantly, social and antisocial

PUBLISHING FAKE NEWS FOR PROFIT SHOULD BE PROSECUTED AS WIRE FRAUD

PUBLISHING FAKE NEWS FOR PROFIT SHOULD BE PROSECUTED AS WIRE FRAU

Digital Market Manipulation

In 1999, Jon Hanson and Douglas Kysar coined the term “market manipulation” to describe how companies exploit the cognitive limitations of consumers. For example, everything costs $9.99 because consumers see the price as closer to$9 than $10. Although widely cited by academics, the concept of market manipulation has had only a modest impact on consumer protection law. This Article demonstrates that the concept of market manipulation is descriptively and theoretically incomplete, and updates the framework of the theory to account for the realities of a marketplace that is mediated by technology. Today’s companies fastidiously study consumers and, increasingly, personalize every aspect of the consumer experience. Furthermore, rather than waiting for the consumer to approach the marketplace, companies can reach consumers anytime and anywhere. The result of these and related trends is that firms can not only take advantage of a general understanding of cognitive limitations, but can uncover, and even trigger, consumer frailty at an individual level. A new theory of digital market manipulation reveals the limits of consumer protection law and exposes concrete economic and privacy harms that regulators will be hard-pressed to ignore. This Article thus both meaningfully advances the behavioral law and economics literature and harnesses that literature to explore and address an impending sea change in the way firms use data to persuade