Showing posts with label Facebook. Show all posts
Showing posts with label Facebook. Show all posts

09/05/2023

Facebook and Instagram : Marketplaces for Child Sex Trafficking

 





Our two-year investigation suggests that the tech giant Meta is struggling to prevent criminals from using its platforms to buy and sell children for sex
 
Content warning – the following article contains descriptions of child sexual abuse, exploitation and trafficking
 
Maya Jones* was only 13 when she first walked through the door of Courtney’s House, a drop-in centre for victims of child sex trafficking in Washington DC. “She was so young, but she was already so broken by what she’d been through,” says Tina Frundt, the founder of Courtney’s House. Frundt, one of Washington DC’s most prominent specialists in countering child trafficking, has worked with hundreds of young people who have suffered terrible exploitation at the hands of adults, but when Maya eventually opened up about what she had been through, Frundt was shaken.
 
Maya told Frundt that when she was 12, she had started receiving direct messages on Instagram from a man she didn’t know. She said the man, who was 28, told her she was really pretty. According to Frundt, Maya told her that after she started chatting with the man, he asked her to send him naked photos. She told Frundt that he said he would pay her $40 for each one. He seemed kind and he kept giving Maya compliments, which made her feel special. She decided to meet him in person.
 
Then came his next request: “Can you help me make some money?” According to Frundt, Maya explained that the man asked her to pose naked for photos, and to give him her Instagram password so that he could upload the photos to her profile. Frundt says Maya told her that the man, who was now calling himself a pimp, was using her Instagram profile to advertise her for sex. Before long, sex buyers started sending direct messages to her account, wanting to make a date. Maya told Frundt that she had watched, frozen, what was taking place on her account, as the pimp negotiated prices and logistics for meetings in motels around DC. She didn’t know how to say no to this adult who had been so nice to her. Maya told Frundt that she hated having sex with these strangers but wanted to keep the pimp happy.
 
One morning three months after she first met the man, Frundt says that Maya was found by a passerby lying crumpled on a street in south-east DC, half-naked and confused. The night before, Maya told her, a sex buyer had taken her somewhere against her will, and she later recalled being gang-raped there for hours before being dumped on the street. “She was traumatised, and blamed herself for what happened. I had to work with her a lot to help her realise this was not her fault,” said Frundt when we visited Courtney’s House last summer.
 
Frundt, who has helped hundreds of children like Maya since she opened Courtney’s House in 2008, says that the first thing she now does when a young person is referred to her is to ask for their Instagram handle. Other social media platforms are also used to exploit the young people in her care, but she says Instagram is the one that comes up most often.
 
In the 20 years since the birth of social media, child sexual exploitation has become one of the biggest challenges facing tech companies. According to the United Nations Office on Drugs and Crime (UNODC), the internet is used by human traffickers as “digital hunting fields”, allowing them access to both customers and potential victims, with children being targeted by traffickers on social media platforms. The biggest of these, Facebook, is owned by Meta, the tech giant whose platforms, which also include Instagram, are used by more than 3 billion people worldwide. In 2020, according to a report by US-based not-for-profit the Human Trafficking Institute, Facebook was the platform most used to groom and recruit children by sex traffickers (65%), based on an analysis of 105 federal child sex trafficking cases that year. The HTI analysis ranked Instagram second most prevalent, with Snapchat third.
 
 
Grooming and child sex trafficking, though often researched and discussed together, are distinct acts. “Grooming” refers to the period of manipulation of a victim prior to their exploitation for sex or for other purposes. “Child sex trafficking” is the sexual exploitation of a child specifically as part of a commercial transaction. When the pimp was flattering and chatting with Maya, he was grooming her; when he was selling her to other adults for sex, he was trafficking.
 
Though people often think of “trafficking” as the movement of victims across or within borders, under international law the term refers to the use of force, fraud or coercion to obtain labour, or in the buying and selling of non-consensual sex acts, whether or not travel is involved. Because, under international law, children cannot legally consent to any kind of sex act, anyone who profits from or pays for a sex act from a child – including profiting from or paying for photographs depicting sexual exploitation – is considered a human trafficker.
 





Meta has numerous policies in place to try to prevent sex trafficking on its platforms. “It’s very important to me that everything we build is safe and good for kids,” Mark Zuckerberg, Meta’s founder, wrote in a memo to staff in 2021. In a statement responding to a detailed list of the allegations in this piece, a Meta spokesperson said: “The exploitation of children is a horrific crime – we don’t allow it and we work aggressively to fight it on and off our platforms. We proactively aid law enforcement in arresting and prosecuting the criminals who perpetrate these grotesque offences. When we are made aware that a victim is in harm’s way, and we have data that could help save a life, we process an emergency request immediately.” The statement cited the group director of intelligence at the charity Stop the Traffik, who is former deputy director of the UK’s Serious Organised Crime Agency, who has said “millions are safer and traffickers are increasingly frustrated” because of their work with Meta.
 
But over the past two years, through interviews, survivor testimonies, US court documents and human trafficking reporting data, we have heard repeated claims that Facebook and Instagram have become major sales platforms for child trafficking. We have interviewed more than 70 sources, including survivors and their relatives, prosecutors, child protection professionals and content moderators across the US in order to understand how sex traffickers are using Facebook and Instagram, and why Meta is able to deny legal responsibility for the trafficking that takes place on its platforms.
 
While Meta says it is doing all it can, we have seen evidence that suggests it is failing to report or even detect the full extent of what is happening, and many of those we interviewed said they felt powerless to get the company to act.
 
The survivors
 
Courtney’s House sits on a quiet residential street on the outskirts of Washington DC. Inside, Frundt and her team have tried to make the modest two-storey house feel like a family home, with comfortable sofas and photos on the mantlepiece. Frundt, who was herself trafficked as a child in the 1980s and 90s, is now one of Washington DC’s most experienced and respected anti-trafficking advocates. Warm and ferociously protective of the children in her care, she is contracted by the city’s child protection services to identify trafficked children going through the court system, and she regularly attends court hearings for the youth in her care. She also helps train the FBI and local law enforcement sex-trafficking units on how to spot traffickers on online platforms, including Instagram. “When I was trafficked long ago I was advertised in the classified sections of freesheet newspapers,” Frundt told us. “Now my youth here are trafficked on Instagram. It’s exactly the same business model but you just don’t have to pay to place an ad.”
 
The children who are referred to Frundt, usually by the police or social services, have been sexually exploited and controlled: by a boyfriend, a pimp, a family member. Some of them are as young as nine. Almost without exception, they have childhoods scarred by sexual abuse, poverty and violence. This makes them perfect targets for sexual predators. “They are all looking for love and affirmation and a sense that they mean something,” said Frundt.
 
Almost all the young people who come to Courtney’s House are children of colour. They are, Frundt said, battling stereotypes that pressure them to become sexualised too early and make them vulnerable to traffickers. A 2017 study by the Georgetown Law Center on Poverty and Inequality found that adults typically regard Black girls as less innocent and more knowledgable about sex than their white peers. The same study showed that Black girls are often perceived to be older than they are.
 
Most of the time, Frundt says, the children who come to Courtney’s House are still being trafficked when they walk through the door. Even in cases where they have escaped their exploiters, she said, explicit videos and photos of them often continue to circulate online. Traffickers will lock victims out of their accounts, preventing them from taking down images posted to their profiles.
 
When we asked Frundt if she could show us examples of young people in her care who she says are currently being trafficked on Instagram, she pulled out her phone and scrolled through post after post of explicit images and videos of girls as young as 14 or 15. Most of the photos and videos seemed to have been taken by someone else. Frundt said that these posts were being used as a way of advertising the girls for potential sex buyers, who would send a direct message to buy explicit content or to arrange a meet up.
 
At one point, our conversation was interrupted by the arrival of five teenage girls. They had come back from school, and they gathered around the kitchen table, chatting and playing music on their phones while Frundt served them casserole. After they had eaten, we asked if we could talk to them about their experiences: had any of them been sexually exploited on social media or had explicit videos or pictures posted of them?
 
They glanced at each other and burst out laughing. Yes, they said, of course. All the time. One girl said she felt that “nobody at Instagram cares, they don’t care what’s posted. They don’t care shit about us.”
 
Frundt claims that she is constantly asking Instagram to close accounts and take down exploitative content of kids in her care. “I even have law enforcement calling me up asking, ‘Tina, can you get Instagram to do something?’. If I can’t get Instagram to act, what hope is there for anyone else?”
 
When we put these concerns to Meta, a spokesperson said: “We take all allegations and reports of content involving children extremely seriously and have diligently responded to requests from Courtney’s House. Our ability to remove content or delete accounts requires sufficient information to determine that the content or user violates our policies.”
 
Frundt says that in 2020 and 2021 she had discussions with Instagram about conducting staff training to help prevent child trafficking on its platforms. She says the training didn’t go ahead as, after a long back and forth, on a video call Instagram executives said that they wouldn’t pay Frundt her standard fee of $3,000, instead allegedly offering $300. When we put this to Meta, they did not deny it.
 
The court documents and the prosecutors
 
What makes social media platforms so powerful as a tool for traffickers – far more powerful than the back pages of a newspaper in which Frundt was advertised as a teenager – is the way that they make it possible to identify and cultivate relationships with both victims and potential sex buyers. Traffickers can advertise and negotiate deals by using different features of the same platform: sellers sometimes post publicly about the girls they have available, and then switch to private direct messages to discuss prices and locations with buyers.
 
US court documents provide a graphic insight into how these platforms can be used. In one case prosecuted in Arizona in 2019, Mauro Veliz, a 31-year-old who was convicted of conspiracy to commit sex trafficking of a child, exchanged messages on Facebook Messenger with Miesha Tolliver, who also received jail time for sex trafficking. Tolliver told Veliz that she had one girl available for sex, and photographs of two more, before saying that the girls were aged 17, 16 and 14.
 
Veliz: “How much is it for all of them?”
 
Tolliver: “The 14 [year-old] will cost the most … a couple of hundred for her but [$] 150 for the rest”
 
The 14-year-old, Tolliver told Veliz, was “new to the sex game”.
 
Tolliver: “The 1 on the right … is 16 with a fat ass ... the other [is] 15 with huge tits”
 
The court transcripts then state that multiple sexually explicit images of the girls were sent to Veliz.
 
Tolliver: “do you want me to bring 1 of the girls with me so you guys can fuck?”
 
[ ... ]
 
Veliz: “is your girl nervous? Or have you told her yet?”
 
Tolliver: “… shes still young and doesn’t understand how ppl like it”
 
Tolliver and Veliz exchanged more messages, arranging for Veliz to meet the girl in a hotel in California two days later.
 
The final message submitted to the court was from Veliz to Tolliver. “We’re finished she’s in the restroom,” it said.
 
Luke Goldworm, a former assistant district attorney in Boston, Massachusetts, who has investigated and prosecuted human trafficking cases for years, says that he has encountered numerous exchanges like this one. From 2019 until he left the job in October 2022, he said, his department’s caseload of child-trafficking crimes on social media platforms increased by about 30% each year. “We’re seeing more and more people with significant criminal records move into this area. It’s incredibly lucrative,” he said. A trafficker can make up to $1,000 a night. Many of the victims he saw were just 11 or 12, he said, and most of them were Black, Latinx or LGBTQI+.
 
According to Goldworm, while his investigations involved every social media platform, Meta platforms were the ones he encountered most often. Six other prosecutors in several different states told us that, in their experience, Facebook and Instagram are being widely used to groom children and traffick children. Five of these prosecutors spoke of their anger over what they felt were Meta’s unnecessary delays in complying with judge-signed warrants and subpoenas needed to gather evidence on sex trafficking cases. “We get a higher rate of rejected warrants from Facebook than any other electronic service provider,” claimed Gary Ernsdorff, senior deputy prosecuting attorney for King County, Washington state. “What I find frustrating is that the exchange can delay rescuing a victim by a month.”
 
Three of these prosecutors described experiences where they say the company would cite technicalities, picking faults with wording and format, and slowing down investigations. In response, the company said that these claims were “false”, adding that between January and June last year, it “provided data in nearly 88% of requests from the US government”.
 
The responsibility for reporting
 
Meta acknowledges that human traffickers use its platforms, but insists that it is doing everything in its power to stop them. By law, the company is required to report any child sexual abuse imagery shared over its platforms to the National Center for Missing & Exploited Children (NCMEC), which receives federal funding to act as a nationwide clearing house for leads about child abuse. Meta is a major funder of NCMEC, and holds a seat on the company’s board.
 
From January to September 2022, Facebook reported more than 73.3m pieces of content under “child nudity and physical abuse” and “child sexual exploitation” and Instagram reported 6.1m. “Meta leads the industry in using the most sophisticated technology to detect both known and previously unknown child exploitation content,” said a company spokesperson. Of the 34m pieces of child sexual exploitation content removed from Facebook and Instagram in the final three months of 2022, 98% was detected by Meta itself.
 
But the vast majority of the content that Meta reports falls under child sexual abuse materials (CSAM) – which includes photos and videos of pornographic content – rather than sex trafficking. Unlike with child sexual abuse imagery, there is no legal requirement to report child sex trafficking, so NCMEC must rely on all social media companies to be proactive in searching for and reporting it. This legal inconsistency – the fact that child sexual abuse imagery must be reported, but reporting child sex trafficking is not legally required – is a major problem, says Staca Shehan, vice-president of the analytical services division at NCMEC. “It’s concerning across the board how little trafficking is being reported,” Shehan says. Social media companies “are prioritising what’s [legally] required”.
 
“I think everyone could do more,” Shehan says. “The volume of child sexual abuse material (CSAM) and volume of trafficking [being reported] is like apples and oranges.” According to Shehan, one further reason for this disparity, beyond the differing legal requirements, is technological. “Child sexual abuse material is that much easier to detect. There are so many technology tools that have been developed that allow for the automated detection of that crime.”
 
A NCMEC spokesperson told us that if social media companies are not reporting child sex trafficking, it allows this crime to thrive online. Reporting trafficking, they emphasised, is crucial for rescuing victims and punishing offenders.
 
Between 2009 and 2019, Meta reported just three cases as suspected child sex trafficking in the US to NCMEC, according to records disclosed in a subpoena request seen by the Guardian.




 
A spokesperson for NCMEC confirmed this figure, but clarified that a number of child trafficking cases during the same time period were reported by Meta under other “incident types”, such as child pornography or enticement. “I think one of the things to be aware of is that is that there’s sort of a singular tag that’s used for reporting,” Antigone Davis, head of global safety at Meta, emphasised to us in a recent interview. “And so just because something isn’t tagged as sex trafficking doesn’t mean that it isn’t being reported.”
 
A Meta spokesperson claimed that over the past decade, the company had reported “tens of thousands of accounts which violated our policies against child sex trafficking and commercial child sexual abuse material to NCMEC.” When we put these claims to NCMEC, it said that it had not received “tens of thousands” of reports of child trafficking from Meta, but had received that number related to child abuse imagery.
 
Hany Farid is a professor at the University of California, Berkeley who helped invent the PhotoDNA technology that Meta uses to identify harmful content. He believes Meta, which is currently valued at more than $500bn, could do more to combat child trafficking. It could, for instance, be investing more to develop better tools to “flag suspicious words and phrases on unencrypted parts of the platform – including coded language around grooming,” he said. “This is, fundamentally, not a technological problem, but one of corporate priorities.” (There is a separate debate about how to handle encryption. Meta’s plans to encrypt direct messages on Facebook Messenger and Instagram has recently drawn criticism from law enforcement agencies, including the FBI and Interpol.)
 
In response to Farid’s claims and further questions from the Guardian, Meta did not specify how much money it has invested in technologies to detect child sex trafficking, but said that it had “focused on using AI and machine learning on non-private, unencrypted parts of its platforms to identify harmful content and accounts and make it easier for people to report messages to the company so we can take action, including referrals to law enforcement”. Davis also emphasised that Meta constantly works with partners to improve its anti-trafficking safeguards. For instance, she mentioned that “we’ve been able to identify the kinds of searches that people do when they’re searching for trafficking content, so that when people search for that, we will pop up with information to divert them or to let them know that what they’re doing is illegal activity”.
 
These efforts have failed to satisfy some of Meta’s own investors. In March, several pension and investment funds that own Meta stock launched legal action against the company in Delaware over its alleged failure to act on “systemic evidence” that its platforms are facilitating sex trafficking and child sexual exploitation. By offering insufficient explanation of how it is tackling these crimes, the complaint says, the board has failed to protect the interests of the company. Meta has rejected the basis for the lawsuit. “Our goal is to prevent people who seek to exploit others from using our platform,” the company said.
 
The moderators
 
As well as software, Meta uses teams of human moderators to identify cases of child grooming and sex trafficking. Until recently, Anna Walker* worked the night shift in an office of a Meta subcontractor. She would start each shift filled with dread. “We were just, like, shoved in a dark room to look at the stuff,” she said.
 
Walker’s job was to review interactions between adults and children on Facebook Messenger and Instagram direct messenger that had been flagged as suspicious by Meta’s AI software. Walker claims she and her team struggled to keep pace with the huge backlog of cases. She says she saw cases of adults grooming children and then making plans to meet them for sex, as well as discussions about payment in exchange for sex.
 
Walker’s managers would pass on such cases to Meta to decide if action should be taken against the user. In some cases, Walker claims: “Months would pass and then the automatic bot would send me an email saying it was closing this case, because nobody’s taken action on it.” She added: “I would cry to my manager about [the children I saw] and how I want to help. But it felt like nobody would pay attention to these horrible things.”
 
We talked to six other moderators who worked for companies that Meta subcontracted between 2016 and 2022. All made similar claims to Walker. Their efforts to flag and escalate possible child trafficking on Meta platforms often went nowhere, they said. “On one post I reviewed, there was a picture of this girl that looked about 12, wearing the smallest lingerie you could imagine,” said one former moderator. “It listed prices for different things explicitly, like, a blowjob is this much. It was obvious that it was trafficking,” she told us. She claims that her supervisor later told her no further action had been taken in this case.
 
When we put these claims to Meta, a spokesperson said that moderators such as Walker do not typically get feedback on whether their flagged content has been escalated. They stressed that if a moderator does not hear back about a flagged case, that does not mean no action has been taken.
 
Five of the moderators claimed that it was harder to get cases escalated or content taken down if it was posted on closed Facebook groups or Facebook Messenger. Meta “would be less stringent about something taking place behind ‘closed doors’,” claimed one team leader. “With Messenger, we really couldn’t make any moves unless the language and content was really obvious. If it was four guys who trusted each other and it was in a group it could just live on for ever.” Meta said these allegations “appear to be misleading and inaccurate” and said it uses technology to find child sexualisation content in private Facebook groups and on Messenger.




 
In 2021, former Facebook employee and whistleblower Frances Haugen leaked internal documents that seem to support the moderators’ claims. These documents, which numbered thousands of pages, detailed how the company managed harmful content. In one memo from the Haugen leak, the company states that “Messenger groups with less than 32 people should be treated with a full expectation of privacy”.
 
Matias Cruz*, who worked as a content moderator from 2018 to 2020, reviewing Spanish-language posts on Facebook, believes that the criteria that Meta was using to recognise trafficking was too narrow to keep up with traffickers, who would constantly switch codewords to avoid detection. According to Cruz, traffickers would say: “‘I have this cabra [Spanish for goat] for sale,’ and it’d be some really ridiculous price. Sometimes they would just outright say [the price] for a night or two, or ‘an hour’.” It was obvious what was going on, said Cruz, but “the managers would claim it was too vague, so in the end they would just leave it up”.
 
Cruz and three other moderators we spoke to claimed that in examples like this, where their managers felt there was insufficient evidence to escalate the case, moderators could receive lower accuracy scores, which in turn would affect their performance assessments. “We would take negative hits on their accuracy scores to try to get some help to these people,” Cruz said.
 
The limits of the law
 
While the law requires Meta to report any child exploitation imagery detected on its platforms, the company is not legally responsible for crimes that occur on its platform, because of a law created almost three decades ago, in the early days of the internet. In 1996, the US Congress passed the Communications Decency Act, which was primarily intended to ensure online pornographic content was regulated. But section 230 of the act states that providers of “interactive computer services” – which includes the owners of social media platforms and website hosts – should not be treated as the publisher of material posted by users. This section was included in the act to ensure the free flow of information while protecting the growing tech industry from being crushed by litigation.
 
Whereas a newspaper, say, must legally defend what it publishes, section 230 means that a company like Meta, which hosts the content of others, may not be held liable for what appears on its platforms. Section 230 therefore positions internet service providers as fundamentally neutral: offering forums in which illegal, harmful or false content may be posted and circulated, but ultimately not responsible for that content. Since the passing of the act, tech companies such as Meta have argued successfully in courts across the US that section 230 provides them with complete immunity from prosecution for any illegal content published on their platforms, as long as they are unaware of that content’s existence.
 
The debate around section 230 has become highly polarised. Those who want section 230 amended say that the legal safe harbour it has provided for internet companies means they have no incentive to root out illegal content on their sites. In an op-ed published in the Wall Street Journal in January, President Biden spoke out in favour of the section’s reform. “I’ve long said we must fundamentally reform section 230,” he wrote, calling for “bipartisan action by Congress to hold big tech accountable.”
 
However, tech companies, along with internet freedom groups, argue that changes to section 230 could lead to censorship and an erosion of privacy, particularly for private, encrypted content. These arguments over section 230 are being put to the test in a landmark case that has reached the US supreme court, which focuses on how far YouTube can be considered culpable for the videos it recommends to its users. A ruling is due by the end of June.
 
The consequences
 
Kyle Robinson is one year into serving a 10-year sentence at a federal prison in Massachusetts for sex trafficking two teenagers, one only 14 years old. We spoke to him in January over the muffled line of the prison’s payphone, our conversation interrupted by prison staff monitoring the call. Referring to himself as a pimp, Robinson described how he sought out damaged girls from care homes and on social media as a way to make money.
 
Instagram, he said, was his platform of choice. “I find the girls that have pride in themselves, but maybe don’t have the confidence, the self-esteem,” he claimed. “I make her feel special. I give her validation, social skills, her ‘hotential’, if you know what I mean.”
 
Once he had identified his targets, Robinson claimed that he would “coach” them and advertise them on their Instagram accounts and his own. He would talk to potential buyers through direct messages, offering to send video snippets of the girls in return for “a small deposit” – about $20 – so that the buyers could see what they would be getting. If a buyer decided to meet a girl, he would pay her the rest of the money later, via CashApp, he said. Robinson would then take most of that money.
 
To crack down on such cases of child sexual exploitation, last June Meta announced new policies including age verification software that will require users under 18 to provide proof of age through uploading an ID, recording a video selfie, or asking mutual friends on Facebook to confirm their age. When we asked Tina Frundt about these new measures, she was sceptical. The kids she works with had already found workarounds; a 14-year-old, for example, might use a video selfie made by her 18-year-old friend, and pretend that it’s her own.




 
Even after children have been referred to Courtney’s House, they continue to be vulnerable to traffickers. One night in June 2021, Frundt says she got a call from Maya, telling her she had arrived home safe. Frundt was relieved: she knew that Maya had spent the evening with a 43-year-old man who had been contacting her on Instagram.
 
Frundt says that Maya, now 15, was in a fragile state: over the previous few months, her mental health had been in sharp decline and she had told Frundt she’d been feeling suicidal. Photos and explicit videos taken by a pimp showing her having sex were being circulated and sold on Instagram. Sex buyers were contacting her relentlessly through her direct messages. “She didn’t know how to make it stop or how to say no,” Frundt recalled.
 
That night, on the phone, Frundt told Maya that she loved her and that they would talk in the morning. “That’s the last time I ever spoke to her,” said Frundt. The older man had given Maya drugs. When Maya’s mother went to wake her daughter the next morning, she found her dead.
 
A picture of Maya that still hangs on the wall of Courtney’s House shows a baby-faced teenage girl with brown curls and a huge smile. Two years after her death, Frundt continues to grieve for her caring “girly girl” who loved makeup, board games and dancing to her favourite Megan Thee Stallion songs. “Losing one of our youth, it changes you for ever. You can never forgive yourself,” she said.
 
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Before Maya died, Frundt claims she spoke to Instagram on a video call, asking them to remove the exploitative content her trafficker had circulated. Frundt says that when Maya died, the videos of her being exploited were still on the platform.
 
In July 2021, a representative from an anti-trafficking organisation sent an email to Instagram’s head of youth policy, informing her of Maya’s death. Frundt was copied in on the email. It asked why Meta’s tools designed to detect grooming had not flagged a 43-year-old man contacting a young girl. Four days later, the company sent a brief reply. If Instagram was provided with details about the alleged trafficker’s account, it would investigate.
 
But Frundt says that it was too late. “She had already passed,” she says. “They could have done something to help her but they didn’t. She was gone.”
 
Names marked with an asterisk have been changed to preserve anonymity.



How Facebook and Instagram became marketplaces for child sex trafficking. By Katie McQue and Mei-Ling McNamara. The Guardian, April 27, 2023.





Annie McAdams represents clients who claim Meta’s products connect vulnerable people with sex buyers
 
On 14 March 2022, Annie McAdams, a personal injury lawyer running a small firm in Houston, Texas, filed a civil action suit on behalf of one of her clients. The plaintiff was a 23-year-old woman, who had endured years of sexual exploitation at the hands of a convicted trafficker. The defendant was one of the most powerful technology companies in the world.
 
Contained within McAdams’s federal suit was a series of allegations that Meta – the owner of Facebook and Instagram, which are used by more than 3 billion people every day – had knowingly created a breeding ground for human trafficking and was actively facilitating the buying and selling of people for sex online.
 
The lawsuit alleges that the company’s products – particularly Instagram – connects vulnerable victims with human traffickers and sex buyers, and provides traffickers with the means to groom those victims. It says that human trafficking victims are regularly posted on Instagram and sold for sex against their will and claims that the company has failed to take adequate steps to stop this.
 
In the court documents, the plaintiff – who we are calling Shawna – says she was 18 when she was first contacted on Instagram by a man she didn’t know. She claims that the man – referred to as RL in the court papers – sent her messages on her public profile and on Instagram’s direct-messaging service and that this campaign of grooming led to her agreeing to meet him in person. Two days after their first meeting, she claims that RL began to sell her to sex buyers on Instagram.
 
She claims that RL posted explicit pictures of her on Instagram along with emojis such as dollar signs, crowns and roses, widely recognised by law enforcement and trafficking experts as indicators of commercial sex adverts.
 
“[Meta Inc] knew that the use of these codes were blatant red flags … and were actually sex trafficking advertisements designed to sell her for sex, but [Meta] did nothing to remove or prevent those repeated posts, despite having the ability to do so,” the court papers say.
 
Shawna alleges that over the course of a year she was sold on Instagram to multiple sex buyers. She says she was threatened with homelessness or violence by RL if she refused to fulfil her “quota” of sex acts.
 
She went on to testify against RL in a federal criminal trial in Texas and he was subsequently sentenced to 40 years for sex trafficking.
 
However, the lawsuit claims that at the time it was filed to the court in Houston, Instagram had not removed the trafficker’s Instagram account.
 
McAdams claims that despite repeated attempts by Meta to get the case dismissed, Shawna, who is seeking damages from the company, is now on the brink of taking her civil claim against Meta further through the US court system than any other case has managed. She believes that there are now no serious legal obstacles between her case and bringing Meta before a jury in 2024 to face allegations that it played an integral role in the trafficking of her client.
 
A spokesperson for Meta said that Meta prohibits sex trafficking on its platforms “in no uncertain terms … we vigorously deny the claims made against Meta in this suit.”
 
It is not the first time that Meta – in either of its guises as Meta Platforms Inc or Facebook Inc – has faced lawsuits containing similar allegations. Yet in the two decades since it was launched by Mark Zuckerberg from a Harvard dorm, his company – which rebranded from Facebook to Meta in 2021 – like other technology companies with servers based in the US, has never faced prosecution for illegal and harmful content and activities on its platforms.
 
For decades, social media companies have sheltered behind an obscure clause in the 1996 Communications Decency Act – called section 230, which concludes that technology companies are not legally responsible for crimes that occur on their platforms. Section 230 states that providers of “interactive computer services” – which includes the owners of social media platforms and website hosts – should not be treated as the publisher of material posted by users.
 
Since the act was passed, tech companies such as Meta have argued successfully in US courts that section 230 provides them with immunity from prosecution for any illegal content published on their platforms, as long as they are unaware of that content’s existence, building a fortress of legal precedent.
 
Section 230 does not shield online platforms from federal criminal charges if they are seen as responsible for facilitating trafficking. And a recent amendment to section 230 – known as the Fosta-Sesta package – means that companies can be held liable under state and civil laws but must be shown to have knowingly assisted or facilitated sex trafficking.
 
Other cases have attempted to swerve section 230, but in her federal suit, McAdams is instead tackling it head-on, arguing that it has been misunderstood and was never intended to protect a social media company which, she claims, knowingly allows crimes against children to occur on its platforms.




 
 “The problem is not section 230,” McAdams says. “The problem is 20 years of bad precedent and the court’s misinterpretation of 230. In no place does it say that there should be immunity. There is a big difference between immunity and no liability.”
 
McAdams’ decision to tackle the interpretation of liability under section 230 comes as changing legal winds across the US challenge the lack of accountability granted to tech companies.
 
The debate around section 230 has become highly polarised. Those who want the clause amended say that the legal safe haven it has provided for internet companies means they have no incentive to root out illegal content on their sites.
 
Others warn that amending section 230 would curb free speech and dismantle democratic values online. Some sex worker groups also warn that undermining section 230 would harm their business and make them unsafe.
 
McAdams says that the only way to stop social media platforms being used as online marketplaces for sex trafficking is through the courts. Along with Shawna’s case, McAdams has several similar suits filed against Meta across the US in which other plaintiffs allege that Meta enabled, facilitated and profited from their sex trafficking.
 
“After years of being silenced, I hope my clients will have their day in court,” she says. “Their bravery and resilience has started something that could finally see the internet become a safer place for children and open the door for other survivors to be heard. I have many, many more victims waiting to have their cases reviewed. This is just the start.”
 
A Meta spokesperson said: “Sex trafficking is abhorrent … we cooperate with law enforcement so they can find and prosecute the criminals who commit these heinous acts, and we use technology to help keep this abuse off our platforms.”
 
“Our goal is to prevent people who seek to exploit others from using our platform, and we work closely with anti-trafficking experts and safety organisations around the world to inform these efforts. We will continue to join with others across society in the fight against sex trafficking and the predators who engage in it.”


The lawyer whose sex trafficking case against Instagram could spell trouble for big tech. By
Mei-Ling McNamara. The Guardian, May 10, 2023. 














15/11/2019

Postmodernism and Donald Trump






I was watching CNN’s Reliable Sources a couple of weeks ago and was struck by an exchange between host Brian Stelter and Andrew Marantz, author of Antisocial, a new book about online extremism.

They were discussing the false narratives surrounding President Trump and why they’re so difficult to cut through. As long as Trump has a right-wing media ecosystem to spin and protect and lie for him, the argument went, it’s just not clear that the “facts” matter all that much.

“People focus on the underlying facts,” Marantz told Stelter, “but the underlying facts are not the things that matter in terms of narrative-shaping ... narrative-shaping happens on Fox News, in Congress, on the internet.”

That facts don’t seem to matter anymore is hardly a new observation. But it’s all the more urgent now, as we trudge into an impeachment process that will almost certainly lead to an unsatisfying conclusion in which no one version of the truth is likely to come out and be held by the public. In the 21st-century media ecosystem, “alternative facts” — as Kellyanne Conway’s famous formulation goes — can reign supreme, or at the very least blot out the truth.

But what really struck me about Stelter and Marantz’s conversation is how its insights about the death of facts and the profusion of narratives sprouted from a philosophical movement that began almost four decades ago but has since been blamed for the nihilism of the Trump era.

That movement is called “postmodernism,” and its legacy, while mixed, is very much worth revisiting. Postmodernism isn’t any one thing. It refers to a host of ideas and literary movements and even architectural styles. But what its critics fixate on is its purported attack on the idea of capital-T truth. Some key postmodern thinkers reveled in the idea’s destabilizing power and opened the door to questioning the very notion of objective knowledge. To hear critics tell it, the postmoderns created the post-truth future.

There is some truth to the critique. A version of postmodernism that questioned objective truth and promoted relativism was fashionable, even celebrated, in the academy in the 1980s and 1990s. But did the scribblings of obscure French philosophers really impel us into the age of Trump?

More likely, the changes that brought us that world were already underway when Jean Francois Lyotard’s The Postmodern Condition — the book that coined the term — dropped in 1979. Forty years later, it’s more useful and accurate to view Lyotard and his fellow postmoderns’ work as a diagnosis of a world that was then already being fractured by mass media and technology.

Postmodernism didn’t set us on our path toward information dystopia. At its core, it identified a crisis that was brewing in its time — and that has reached a boil in our benighted present.

Postmodernism has been a favorite scapegoat for our ills for decades now. The conventional critique of postmodernism is that it’s nihilistic, a knock that you hear from critics on the left and the right.

In the Trump era, the critique has deepened — not just nihilistic, critics say, but the source of our era’s woes. Liberals like the former chief book critic for the New York Times, Michiko Kakutani, argue that postmodernism spilled out of the academy and seeped into the broader culture, devaluing the very concept of objectivity. She lays the fact-averse both-sideism of the Trump age at the feet of postmodernism, which she believes cemented the idea that no “perspective” can be privileged over another.

The psychologist and pop-philosopher Jordan Peterson believes postmodernism’s obsession with marginalization and cultural appropriation kicked off our current political correctness “crisis.” As he describes it in a blog post, postmodernism was the brainchild of a handful of leftist academics in the ’70s and ’80s who argued that “since there are an innumerable number of ways in which the world can be interpreted and perceived ... no canonical manner of interpretation can be reliably derived.”

For Peterson, postmodernism’s skepticism of capital-T truth unleashed the menace of identity politics and placed race and identity at the center of the struggle for power. There are a few problems with that logic, but if you buy Peterson’s premise, then his conclusion more or less follows.

Steven Pinker, the Harvard psychologist and author of Enlightenment Now, has expressed what is probably the most common complaint about postmodernism. He thinks of it as a progressive phantasm that has destroyed the liberal arts. “The humanities,” he says, “have yet to recover from the disaster of postmodernism, with its defiant obscurantism, self-refuting relativism, and suffocating political correctness.”

On Pinker’s view, postmodernism threatens the progress of science (by questioning the possibility of objective truth) and is also a poison pill for liberal democracies because it replaces the pursuit of shared truth with a leftist culture war over power and identity.

These sorts of takes — and there are enough to fill a library — are all united in their hostility to a school of philosophy they consider gleefully anti-truth.

Responding to critics of postmodernism can be exhausting because it’s never clear what they mean by the term — or, in many cases, because they’re attacking a cartoon version of it.

As Aaron Hanlon, an English professor at Colby College, explained last year in an excellent Washington Post column, postmodernism is “a contested series of assertions by many different people from several disciplines, hardly a monolithic philosophy.” And many philosophers widely considered “postmodern” rejected the label, preferring terms like “post-structuralist” instead.

But the postmodernism most people have in mind has its roots in a school of French philosophy that emerged in the 1970s.

The basic idea, popularized by Lyotard’s 1979 book The Postmodern Condition, was that we had reached the end of what he called “meta-narratives.” That meant there was no longer any single dominant account of the world, like historical Marxism or really any theory that attempted to explain human life in terms of absolute universal values.

It’s not so much that these accounts previously explained the world and then suddenly they didn’t; his point was that the world had become too fragmented and pluralistic to support anything like a moral or social consensus. None of our stories about history and justice — and for Lyotard, all ideologies were stories — could make any claim to superiority over the others.

Lyotard’s book is the first genuine work of postmodernism and probably still the clearest and most relevant. Lyotard — and I can’t stress this point enough — wasn’t saying that objective truth was impossible; instead, he argued that what passes for truth in postindustrial society is often a reflection of who holds power, and to forget that is to risk being manipulated.

He was making this claim against the backdrop of a society that lacked the basis for a common project. We were, instead, an atomized “consumer society” defined almost exclusively by commercial interests. At the same time, the institutions charged with discovering and disseminating truth — the government, media, the academy — were increasingly beholden to capital.

Lyotard believed that capitalism and technological changes resulted in the “mercantilization” of knowledge, which is a fancy way of saying that knowledge had become a commodity to be bought and sold like anything else. All of this, he insisted, would be intensified by the digital revolution (though he preferred the phrase “computerization”). He even suggested that in the future the great battle would be over who gets to control information.

Lyotard was too pessimistic about the reliability of science under capitalism, but his book isn’t — in any sense — a rejection of truth. His book was a warning, not a celebration. It wasn’t a call to nihilism or defense of relativism. He was identifying a crisis that was already underway. And his argument was less about the possibility of truth and more about how what we take to be true is often a reflection of unseen cultural and economic forces.

One of the reasons postmodernism has gotten such a bad rap is that other theorists — like Jacques Derrida, Michel Foucault, and Jacques Lacan, all French philosophers writing before and after Lyotard — took the movement in a different, more relativistic direction. And the writing itself became more dense and indecipherable.

Over time, as Hanlon told me, thinkers like Derrida, Foucault, and Judith Butler, the celebrated American philosopher, emerged as the faces of postmodernism and “stole the show from Lyotard’s diagnosis and distorted the legacy of that book.”

The postmodern writer who took Lyotard’s work seriously and pushed it into the digital age is Jean Baudrillard, another French academic. Baudrillard began his career studying the impact of consumerism on everyday life. Like Lyotard, he believed postmodernity was defined in large measure by “consumer society.” He also shared Lyotard’s view that new media technologies would become a massively disruptive force that would “scramble” our grand narratives.

But Baudrillard became singularly focused on media. He published arguably his most famous book, Simulacra and Simulation, in 1981, in which he explored the consequences of living in a heavily mediated world. The individual, he argued, had become submerged in content, symbols, and ads — and we can now add misinformation and clickbait to that list.

Baudrillard was one of the first postmodern philosophers to sound the alarm about the political implications of these transformations. Like a lot of postmoderns, he emerged out of the Marxist tradition. But he quickly realized that, in the late Cold War era, political resistance was getting harder and harder. Citizens were shape-shifting into consumers and actively participating in their own marginalization.

It’s crucial to remember that Baudrillard was thinking all of this through with Lyotard’s argument about the end of meta-narratives in the background. In Baudrillard’s mind, the triumph of liberal democracy, and the collapse of the Soviet model had paved the way for sterile consumerist politics. The future, he warned, would be shaped by markets and brands and an oversaturated media landscape.

For postmoderns like Baudrillard, television and now the internet immersed people in their own private realities. The constant battle for our attention means that we can experience whatever version of reality we prefer, whenever we prefer. Even worse, because media platforms are competing to win audiences, the incentives will always push them in the direction of catering to our worst impulses. After a while, we’re just awash in self-curated content.

Baudrillard popularized the world “simulacra” to describe the unreality this puts us in. Twitter, as Jonathan Chait recently suggested, is a kind of simulacrum. Spend enough time on it and your picture of reality becomes predictably warped. The content you consume is easily mistaken for the real world.

Baudrillard warned, almost three decades ago, that representations had become their own reality — far more real than actual reality. And that was before Twitter or Facebook were even conceivable.

The American postmodernist, Frederic Jameson, made very similar arguments in his 1991 book, Postmodernism, or, the Cultural Contradictions of Late Capitalism. Jameson, like Baudrillard, thought we were witnessing the rise of a “mass culture” in which media and capitalism color our experience of reality. Jameson was thinking less about “narratives” and more about how market ideology flattened culture and obliterated distinctions between high and low art. But he echoed Baudrillard’s warnings about the loss of a shared reality.

Thinkers like Lyotard, Baudrillard, and Jameson hold up pretty well, but there’s no denying the relativistic outgrowths of postmodernism. Many postmoderns held that truth was socially constructed, though not all of them argued that all truth claims were valid. But some of them did go that far.

This is the part of the critique of postmodernism that can be hard to rebut. As Michael Lynch, a philosopher at the University of Connecticut told me, postmodernism had its strengths and weaknesses. “Its crucial insight is that power in all its dark forms is what often determines what passes for truth in our culture and ignoring that makes you vulnerable to manipulation,” Lynch says.

But the big error, Lynch added, “is to infer from this that truth itself was determined by those in power. That collapses what passes for truth with truth itself, which is just a mistake, both politically and logically.”

Lynch, of course, is right. Some of the postmoderns took this initial insight from Lyotard — that power often dictates what we take to be true — and extended it to mean that there is no truth as such.

In other words, postmodernism, like any body of thought, is shot through with bad ideas, absurd claims, and shoddy thinkers. But if we look past the excesses and focus on the things it got right, it actually explains quite a lot about what we’re living through.

Moreover, any argument that says postmodernism “killed truth” implies that a small cadre of (mostly French) theorists writing obscure books and journal articles somehow transformed the world. If the world has changed, it has more to do structural changes in the information space — namely the explosion of digital technology — than with the works of Derrida or Foucault or any other writer.

Postmodernism doesn’t explain everything about our current moment, but it absolutely explains some of it — like, for example, the “narratives” problem Stelter and Marantz lamented on CNN.

For the postmoderns, discrete facts weren’t all that valuable to most people. What really mattered were the narratives we relied on to make sense of all those facts. Think of narratives as a device for connecting the dots, a way of mapping our experience of the world. This process of connecting the dots has never been immune from bias or distortion.

The postmoderns made a simple point: Technology and globalization were making the world infinitely more complicated and that meant more information to process, more dots to connect. And one way to manage this chaos is to lean more and more on narratives that strip the world of its complexity — and often reinforce our biases at the same time.

In that sense, it’s not exactly new that people are constructing fact-free narratives about the world around them. What is new, and what the postmoderns were warning about decades ago, is the volume of narratives and the proliferation of media technologies designed to flood our consciousnesses with as much content as possible. This has changed the game and, to borrow Lyotard’s phrase, “scrambled” our perceptions of reality.

The best postmodern thinkers, in other words, anticipated where we were heading as a society. They could see how innovations in technology, capitalism, and media were distorting our shared sense of truth. And none of them — not even the most pessimistic — could’ve imagined the epistemic anarchy unleashed by Facebook or YouTube algorithms.

We’re now, as philosopher Thomas De Zengotita told me, “the authors of our own universes.” We’ve combined the puerility of televisual culture with the self-centeredness of digital culture. The result is the total triumph of the mediated self, where everyone can create, perform, and affirm their identity and their truth and the marketplace will oblige them at every step.

“And this whole technology thing,” De Zengotita wrote in 2005, “is only just getting started.” The media technologies that define our worlds are getting more sophisticated and more immersive every day. All of which is to say, the crisis signaled by postmodernity will only deepen.

But there is some value in at least understanding how we got here and why we can’t go back.

The post-truth prophets. By Sean Illing. Vox, November 11, 2019.






Ever since Donald Trump won, an odd idea has repeatedly bubbled to the surface of political media: that it takes volumes of dense and complicated philosophy to explain one of the stupidest people to ever live. A whole genre of thinkpiece implies that Trump and his rise to power are either the result of, or explicable by, “postmodernism.” For those whose faith in the institutions of the American republic has been challenged by the boorishness of its current president, it may be comforting to search for a deeper meaning. It is tempting to imagine that contemporary turns of phrase like “alternative facts” and “truth isn’t truth” are expressions of a widespread shift in the human relationship to reality, rather than the gibberish of idiots who are telling lies.


It has been three years, and we are still stuck in this endless struggle with the definition of postmodernism and What It Means. Yesterday, a Vox piece by Sean Illing attempted, in the Vox style, to explain the whole thing once and for all. The article does correct some of the prevailing errors that often accompany media treatments of the subject. There is no strange assertion that postmodernism is a Marxist conspiracy, for example, and a distinction is recognized between a school of thought and the study of it. But the fundamental problem remains: this has nothing to do with anything.

The article, titled “The Post-Truth Prophets,” properly pushes back against claims that “postmodernism spilled out of the academy and seeped into the broader culture.” In the process, however, it makes some assumptions: that there is or was a movement or idea of postmodernism, that there are “postmodernists” or “postmoderns,” and that there is something postmodern about the Trump administration. “Some key postmodern thinkers reveled in the idea’s destabilizing power and opened the door to questioning the very notion of objective knowledge,” Illing writes.

The article is accompanied by a collage displaying Trump standing in front of a microphone, accompanied by two French philosophers: Jacques Derrida, leering over a chair, and Michel Foucault, shouting into a bullhorn. Derrida and Foucault are the two primary villains for many opponents of so-called postmodernism — Jordan Peterson, the Canadian psychology professor adored by the right, has called them “the two architects of the postmodernist movement.”

But even the very idea that there was or is a “postmodernist movement” is questionable. In 1983, Foucault was asked in an interview with the scholarly journal Telos to elaborate on the postmodern aspects of his work. “What are we calling postmodernity?” he replied. “I’m not up to date.”

To its credit, the Vox piece avoids this conflation, instead looking for a documented point of origin. That origin is properly located in Jean-François Lyotard, author of the 1979 book The Postmodern Condition, based on a study commissioned by the Council of Universities of the Government of Quebec originally titled “The Problems of Knowledge in the Most Developed Industrial Societies.” It dealt with the way we interpret reality in the context of mass media, the reproduction of cultural commodities that starts with the printing press. But it may be overstating the case to say, as Illing does, that “Lyotard’s book is the first genuine work of postmodernism.” The term had already been used in cultural criticism, as in literary critic Ihab Hassan’s 1971 study The Dismemberment of Orpheus: Toward a Postmodern Literature, and architectural historian Charles Jencks’s 1977 book The Language of Post-Modern Architecture. It necessarily denotes quite different things when pertaining to science, literature, and architecture — their unification requires an interpretive leap.

For Lyotard, it described an “incredulity towards metanarratives” — the latter word naming the story underlying every other story, like a religious doctrine or a philosophy of history. Illing is cautious about this, attributing Lyotard’s assessment not to an endorsement, but “a diagnosis of a world that was then already being fractured by mass media and technology.” But one of the problems with the claim that a “postmodern movement” exists is the question of what was there before the fracture.

There is not a great deal of agreement on the definition of modernity itself, either the time in which it occurred, or the forms of thought, culture, and political organization aligned with it. Again, these answers vary depending on whether we’re talking about literature, architecture, science, or whatever else. There is not even consensus over whether modernity is over yet. Another French philosopher, Bruno Latour, went as far as to write a book claiming We Have Never Been Modern.

The urge to group these thinkers together is not unreasonable, but it doesn’t hold up — and it leads to some unenlightening errors. It is in the attempt to chart a coherent arc that the cracks in the foundation start to show, as when Illing tries to account for the subsequent reputation of Lyotard’s ideas:

“One of the reasons postmodernism has gotten such a bad rap is that other theorists — like Jacques Derrida, Michel Foucault, and Jacques Lacan, all French philosophers writing before and after Lyotard — took the movement in a different, more relativistic direction. And the writing itself became more dense and indecipherable.”


It is hard to argue that Derrida, Foucault, and Lacan took a “movement” initiated by Lyotard in a different direction (the above quoted text corrects an earlier published version, which claimed the other authors “followed” Lyotard). All three wrote their best-known work before The Postmodern Condition was published in 1979 — Lacan, in fact, died shortly after, in 1981. Besides, none of these thinkers dealt primarily with technology or contemporary media; Derrida concerned himself with the interpretation of the canon of Western philosophy, Foucault with historical research, and Lacan with various and sundry topics like sex and knots.

The thinker who dealt most closely with the subjects Illing cites as endemic to postmodernism was Jean Baudrillard, whose major role in the popular consciousness is as an inspiration for The Matrix. Illing sees Baudrillard’s contribution as a kind of media criticism, an exploration of “the consequences of living in a heavily mediated world” — a fair description of much of his work. This, Illing says, has consequences for public opinion.

“Baudrillard popularized the world “simulacra” to describe the unreality this puts us in. Twitter, as Jonathan Chait recently suggested, is a kind of simulacrum. Spend enough time on it and your picture of reality becomes predictably warped. The content you consume is easily mistaken for the real world.”

This is the very state of affairs that has led to Explainers. “We live in a world of too much information and too little context,” says Vox’s website. “Too much noise and too little insight. That's where Vox's explainers come in.” But Baudrillard’s critique ran deeper than that. The problem was not merely that representations of reality might be inaccurate — it was that a corresponding reality was not accessible. A simulacrum is not a distorted representation, but a representation for which no original exists. Simulacra and Simulation invokes Disneyland, with its reproduction of the archetypal American town. “Disneyland is presented as imaginary in order to make us believe that the rest is real, when in fact all of Los Angeles and the America surrounding it are no longer real, but of the order of the hyperreal and of simulation,” Baudrillard wrote. The “real” town is also pretending to be a town.

Illing doesn’t quite deal with these more complex questions, concluding that postmodernism is a decent idea taken too far. “Some of the postmoderns took this initial insight from Lyotard — that power often dictates what we take to be true — and extended it to mean that there is no truth as such,” he argues. But philosophy consists of literally millennia of debate on the nature of truth. As for the question of how to understand Donald Trump, we may well be aided by a study of how information is distributed and exchanged in contemporary society. But the phenomenon he represents is fairly simple, one that has existed for as long as philosophy has: a very stupid man has more power than he deserves, and he is going to abuse it until someone stops him.


Postmodernism, explained and explained and explained again. By Shuja Haider.  The Outline, November 12, 2019. 







Three years into Donald Trump’s presidency, the moral panic over “fake news” and “post-truth” has not abated. If anything, it has now blossomed into a full-blown culture war. Conservatives insist that their views are suppressed by Facebook and Twitter; progressives accuse the same platforms of not doing enough to crack down on hate speech and foreign manipulation of elections.


Mark Zuckerberg’s recent testimony in US Congress – where politicians competed to deal him the lethal rhetorical blow – doesn’t bode well for Silicon Valley. The Valley’s only savior, at this point, is the Communist Party of China. Only indefinite trade war with China will prevent US lawmakers from regulating the “strategic” tech sector; to break up the industry would weaken Washington’s global standing. The Trump administration is not blind to these risks.

Invoking the Chinese threat has bought the tech companies some time but it won’t work forever. The impending tech bubble is only going to increase everyone’s hatred of Silicon Valley; the calls for action will grow louder. The public humiliations of WeWork and Uber, the former darlings of tech investors, are signs that public tolerance of highfalutin technology platforms (and their leaders) is already running short. More government regulation is, indeed, likely to follow – and stemming the tide of “fake news” would be one of the highest priorities.

But just how strong is that tide? What remains unexamined – in the public debate but also in many academic discussions of “post-truth” – is the background assumption that ours is the time of postmodernism on steroids: a time where no firm truths hold and no single narrative can survive the assault of radically different worldviews grounded in diverse material, cultural, and racial experiences.

To deny that something like this is happening – facilitated by the business models of digital platforms, their algorithmic nudges, and the filter bubbles that result thereof – would be disingenuous. But the fragmentation of truth is only one – and perhaps not the most important part – of the story.

One unappreciated paradox of today’s “digital condition” is that it celebrates post-truth and hyper-truth simultaneously. As narratives get fragmented, allowing competing truths to proliferate, there’s also a concurrent effort to deploy bots, ledgers, and algorithms to produce a singular, objective, and eternal truth.

The first stage of this “objectification” began with Wikipedia. Although the platform could be used to provide multiple readings and interpretations of any subject or phenomenon, a decision was taken that a “community” of editors and writers, armed with trustworthy and reliable sources, would converge upon a single interpretation of history.

While the critics of Wikipedia zeroed in on the fact that it was, in a truly radical manner, democratizing the production of knowledge – everyone could contribute! – they missed a more fundamental, conservative side of the project: while many controversial topics featured lengthy and often bitter discussions among the editors, the front-end presentation often gave no explicit sign of internal disagreement. The controversy and disagreement were, thus, hidden from the average viewer.

Instead, the proliferation of editorial and citational guidelines and regulations on Wikipedia ensured that those rules were presumed to have more say in determining the content of a page than the information supplied by the very subject of the entry. Hence the many curious cases of people complaining that Wikipedia has wrong information about them but they cannot change it as they are not presumed to be “authoritative” sources about themselves. This adherence to rationality and rules is the true modernist part of Wikipedia that has, so far, befuddled many of its observers.

The second stage of the “objectification” of narrative began with the rapid explosion of the blockchain technology. It created the illusion that everything can be embedded in digits and eventually presented, in an unalterable manner, on the “ledger”: the final truth, set in stone, not to be altered by anyone.


Applied to the narrow world of commercial transactions or computer events, this assumption appears harmless. Applied, however, to the more substantial issues – politics, arts, journalism – this “epistemology of the blockchain” creates the rather perverse expectation that, unless and until something has been packaged in a blockchain-friendly way, it must be corrupted by subjectivity, venality, or bias. Subjectivity is the enemy; opacity is sinful.

In other words, we’re starting to see an irony of the “post-truth” world: the democratization of knowledge has been matched by the intensification of the bureaucratic model. This time, however, the human side of bureaucracy is presented as archaic and uncool, to be replaced by “objective” algorithms and ledgers. The one true utopia of this mode of thinking – already glimpsed in places like Singapore or Estonia – is a fully-automated bureaucratic system enforcing the rules with Prussian efficiency.

The digital culture that ensues makes for a very odd beast. Not surprisingly, it’s conducive to the kind of cognitive dissonance feeding the alt-right. On the one hand, in a populist manner reminiscent of Wikipedia, it dispenses with expertise, as everyone is assumed to be equal to everyone else, much like the nodes on the blockchain network (another myth). On the other hand, it intensifies the modernist faith in rules and regulations – and the possibility of finding, by some quantitative means, the single truth, which can then be made available to all, without any intermediation by forces other than technology. If one had to come up with a label for this ideology, “populist modernism” would be quite appropriate.

The contradictions of such a bizarre ideological mix are quite apparent: in dispensing with the experts, it replaces them with faith in “technology” and “progress”. But since such accounts usually lack any meaningful discussion of the political economy of technology (let alone that of progress), they have nowhere to fall back upon to explain historical change. What, after all, drives and shapes all that technology around us?

In such accounts, “technology” is usually just a euphemism for a class of uber-human technologists and scientists, who, in their spare time, are ostensibly saving the world, mostly by inventing new apps and products. The experts, thus, are brought in through the back door, but without any formal acknowledgement (or possibility of democratic contestation). These experts – whether Wikipedia editors or blockchain engineers - are presented as mere appendages to the sheer force of technology and progress, when in reality they’re often its drivers.

This is hardly the sort of secure, reliable foundation on which democratic culture can flourish. It’s one thing, in a typical postmodernist move, to celebrate “situated knowledges” and “multiple epistemes”, refuting any appeals to the one and only truth; a visit to a grad school seminar in humanities will confirm that this kind of language is still very much alive in academia. It’s quite another to do it while also building a system to algorithmically enforce the truth through the zealous application of bureaucratic rules and regulations that would make Otto von Bismarck look like a carefree bricoleur.

Facebook, which is built on the populist assumption that horizontal communication among users trumps vertical preaching by experts, exemplifies this dilemma: for all its populism, it now faces the enviable task of using its algorithms to fight “fake news.” This, however, cannot be done without accepting the virtues of expertise and grounding one’s approach in a singular, coherent worldview.

The problem with Facebook is that it doesn’t even know that it has this problem: it will, thus, most likely continue its schizophrenic efforts of groping in the dark, erecting the sort of expert-led bureaucracy that it was supposed to demolish.

Nothing good will come out of such efforts, but they do highlight a fundamental truth that we seem to have forgotten: both fake news and its opposite, the excessive quest for hyper-rationalization, are the consequences – not causes! – of our problems. Postmodernism did not begin in Mark Zuckerberg’s dorm room.

Can the US government stem the tide of ‘fake news’ in a postmodern world? By Evgeny Morozov. The Guardian, October 31, 2019.






‘Subtext we know. But what do you call the message or meaning that’s right there on the surface, completely open and obvious? They never talk about that.’ Fred, the expat PR in Whit Stillman’s comedy Barcelona (1994), living in the early years of post-Franco Spain, can clock hidden meanings but not surface truths. His friend enlightens him. What’s above the subtext? ‘It’s the text, Fred.’

It’s largely an inheritance of literary theory from the 1980s and ’90s that we speak of ‘subtexts’ at all. Poststructuralism, which flowered on US campuses during this era, did to ‘grand narratives’ (truth, justice, freedom, the Enlightenment) what US President William Howard Taft did to unions: busted them. In a nutshell, deconstructionists liked to examine works of art rhetorically, showing how hidden meanings and surface truths exist in tension with one another. What I say, in other words, is not always what I am saying.

Semiology, the study of signs, was a topic du jour in the late 1980s, when Peter Thiel, then a philosophy student at Stanford University, walked into a literature seminar. The professor, a maddeningly contrarian émigré named René Girard, was an autodidact and lifelong Catholic apologist who had, in his youth, visited Pablo Picasso in his studio and once reportedly punctured a hole in a Henri Matisse painting during a botched curatorial gig. In 1966, at the start of his long academic career, Girard invited Jacques Derrida to speak at Johns Hopkins University in Baltimore – a talk widely seen as the birth of deconstruction in the US.

Girard’s own writing linked the human impulses to desire and to imitate. Why do we like the things we do? Our responses are not only intrinsic: we click ‘like’ on our social-media feeds because other people have also done so. Desire is fundamentally imitative. As Hermia says in Shakespeare’s A Midsummer Night’s Dream (1595–96), we ‘choose love by another’s eyes’. When two people desire the same thing, they engage in ‘mimetic rivalry’ and they fight. Girard’s account of society is one of individuals warring with one another for resources they desire, imitatively, but cannot share. Peace is reached only after a mob declares a loser, who is scapegoated (in Girardian terms, ‘lynched’). Communities are inherently conflictual.

‘I suspect that when the history of the 20th century is written, in 2100, Girard will be seen as one of the great intellectuals,’ said Thiel in an interview he gave in September with the Hoover Institution, a public policy think-tank based at Stanford. A few years after graduating from university, Thiel co-authored a screed against diversity and multi-culturalism on campus, titled The Diversity Myth (1995). Today, some 25 years later and two billion dollars richer, he is better-known as the co-founder of PayPal, the backer of Facebook and founder of, among others, Palantir, which provides surveillance software to the US government. He consistently cites Girard in lectures, presentations and his own writings.

The Thiel-Girard brotherhood emblematizes the ways in which postmodern theories became ossified, as infrastructures of knowledge, and the way in which many were usurped by the political right. Thiel today is the brains behind another organization – with a name straight from a Philip K. Dick sci-fi novel – Imitatio. The sole aim of Imitatio is to support research and publishing about mimetic theory and Girard. It’s chilling to think that Girard’s most famous disciple – and, arguably, one of the most powerful people in the world – is shaping our reality guided by theories of radical division, scapegoating and violence. Connect the dots.
  
This autumn, Thiel is back at Stanford, co-teaching a course in the university’s German department. Students in ‘Sovereignty and the Limits of Globalization and Technology’ are reading Girard alongside the influential Nazi jurist Carl Schmitt, the 2006 Regensburg lecture by Pope Benedict XVI and a book by William Rees-Mogg. Father of Jacob (current UK Leader of the House of Commons), former editor of The Times newspaper and a lifelong Eurosceptic, Rees-Mogg is known for the bestselling The Sovereign Individual (with James Dale Davidson, 1997) – a book whose original, opportunistic, subtitle is: ‘How to Survive and Thrive During the Collapse of the Welfare State.’

An investment guide for the end-times, the purpose of this book is to teach readers how to make money from the collapse of the world as we know it. This collapse, for Rees-Mogg, is imminent when we transition from an industrial to an information society. ‘Violence will become more random and localized,’ Rees-Mogg argues. ‘Incomes will become more unequal within jurisdictions and more equal between them.’ Smells like opportunity, to some.

Like the climate, many of our institutions – cultural, political, commercial – are quaking under various pressures. Looking to infrastructure, the focus of this issue of frieze, means addressing the changes affecting the deepest reaches of what we take for granted: environment, society, cultural establishments, communication networks, the media. To comprehend what the ramifications will be for the arts, we need to look beyond the usual places: to artists working on the Mexico-US border, to those mapping our changing landscape, or to the emergence of a ‘new sublime’, which architect Rem Koolhaas identifies in the world’s rural areas. We must also recognize that Thiel, Girard and Rees-Mogg are instances of what the urbanist Keller Easterling, writing in these pages, terms a ‘superbug’: a structure that seeds misinformation and plays on ambiguity and conflict, rousing division and inciting forms of resistance that too often come up short. The writing’s on the wall: we need a new activism. For that, though, we must look well beyond the subtext.

Has Silicon Valley Hijacked Postmodernism?  By  Pablo Larios.   Frieze, October 31,  2019 







There still remains much confusion over what postmodernity actually means, so take this sentence as only one attempt, courtesy of Urban Dictionary: “A term that you keep on hearing about in college and have to look up on Wikipedia. Basically says “fuck it” to the search for any intellectual conclusions.” Or, with less hostility from the same website: “The idea that there is no objective meaning, only subjective meaning, the meaning one brings to a thing, irrespective of the intent of the author, or of the Author, or of reality.”

Intellectuals who have fundamentally misunderstood postmodernism have claimed that it represents nothing—that the only purpose of said philosophy is to evade conclusion and remain aloof from the material condition of the common man. Criticisms of postmodernism intrude from both the left and right. From the right-wing, postmodernity may be associated with cultural Marxism—which is a way of both dismissing Marx and liberalism at once, and perhaps more importantly to link them in their same shared safe space of victimhood that will never be taken seriously by the right precisely because if the right were to see hierarchy, power, oppression, or privilege, it would no longer be able to look in the mirror.

More troubling is the critique of postmodernism from the left, where leftists may associate this grand theory with neoliberalism’s ethos of immorality and individualism. In short, the left is getting postmodernism completely backward when one thinks of it this way. Postmodernism is actually a way to build on Marxism, rather than replace it or distract from it. Any other conclusion would be buying the false divide between intersectional forms of liberation.

What postmodernity claims is that there is no truth precisely because the individual subject has a cultural/historical context—which seems directly in line with Marx’s radical humanism that treated human beings as actors and victims of a system, rather than competitive and unworthy figures.

To claim that subjectivity is nothing would be not dissimilar to Mr. Trump’s claim that all news is fake. Critics of postmodernity see it as the other way around. They assume that denying the existence of objective truth is denying truth altogether. Even Michel Foucalt, perhaps the most famous quote on quote postmodernist rejected the label because he wanted to be seen as someone who questioned the system. Mr. Foucalt should have embraced the label because the claim that there is no objectivity not only naturally favors the unheard (class and otherwise), we see that it fundamentally rejects the authoritarianism of even its own voice.

Even the best of critics of the corporate distribution of information and art in today’s neoliberal global economy find themselves in a position of totalitarianism. This is because they undergo the following process, which is the same as Mr. Trump’s analysis, even if far more accurate in its attempt at objectivity. Step 1 is to take what is accepted as the objective truth (accepted mainstream history, news, art, etc.) and point to its corruption (primarily financial but also could be ethnic or any other type of supposed imperfection, or a linkage, such as Jewish owned media smears). Once the objective truth of the “ruling class” is accepted by the consumer as merely subjective propaganda, we find the next step is to insert one’s own subjective interpretation of reality as objective truth, rather than, as a normal person might do, offering up your ideas as subjective alternatives. Now we find that there is new authority in the rogue subject and truth comes to gain meaning not through proof, but through the authority of the actor involved.

So, when postmodern folks claim subjectivity it is not that they are saying nothing, it is that they are acknowledging both their own flaws and the need for constant interrogation of the facts laid out before us. The idea that one must come to a conclusion in order to find truth is actually the definition of fascism. If a dictionary must appear in its final form, who says the human race must not also? And how would such a society deal with change—specifically that of cultural migration and economic unease.

So, hopefully, this at least establishes the urgent need to abandon the very concept of objective truth. Objective truth is anti-democratic. There is no such thing as an unbiased statement that has not been shaped by elements of power or hierarchy. There is no such thing as a random statement, and there is no such thing as a true statement. In fact, a random statement and a true statement amount to the same thing, and it is only by connecting them that we can give meaning to either.

I can hear the grumbles now. Saying truth is the same as randomness is actually saying nothing! Really? Then why on earth react to it at all? If this statement really said nothing, wouldn’t a more adequate response be: ‘what do you think?’ or even, just in case ‘can you speak up?’ No, but truth, in how we arrive at its exact conclusions, can only retain any meaning if we acknowledge how arbitrary it is to get to that exact spot of perfection. It is only then that we can begin to unpack the biases that got us to that spot, which of course aren’t random at all, and link throughout history, sociology, geography, physics and biology. It is only after we unmask the assumption that is in authority that we can dethrone it and restore democracy.

Now, there is nothing true about democracy either. Each person operates within their own distance from the truth but at least, to borrow Marx, implies ownership of the production of truth, rather than the blind following of it. Does such a philosophy naturally imply the free market, rather than Marxism? Not necessarily. The distribution of goods, the control over the means of production, those sorts of things are not the same as ideas, let alone people. It could be very possible to have a centralized form of economics that thrived for diverse ideas and people. In fact, such a neutral form of economics—pure in its democracy and lack of discrimination—would imply absolute blindness to differences and a replacement of this hierarchy of difference with universal human rights. That doesn’t mean that each difference wouldn’t get a say, it is to say that each would have a right, no matter their say.

It is fairly obvious that an economy that has no such tools to guarantee human rights would naturally create hierarchies to (re) order distribution and create profits. The idea that one must have an objective idea of truth to reject neoliberalism implies that the neoliberalism was a cultural, not an economic counter-revolution. This seems to apply a backward order of operations. Even though the neoliberal has assaulted the cultural and the personal, it a truly perplexing leap for Marxists to make the claim that as soon as the economic theory of their “objective” choice falls out of favor, we suddenly are not talking about economics anymore, but culture that drives the economy. Just dead wrong.

The goal of the lie of objective truth is to establish power for a certain group of people, so that they can therefore profit from and exploit the people whose truth does not fit the proper definition of normality. That’s why Foucalt saw prisons so clearly. What is a prison? And who decides it?

The corporate class accomplishes their goal by constructing the terms “left-wing” and “right-wing” and then implying that the world runs on a war of ideas (culture) rather than a war of resources (economics). Let’s look at the origin of the terms left and right, which like Mr. Foucalt, must be excused (more like celebrated) as French!

During the French Revolution, the terms left and right merely referred to which side along a row one sat. The rich noble folk were on the right, the working class challengers on the left. It was simply a geographical distinction of interests (I was going to say class but that is not even exact, as we’ll discuss in a moment). The key point here is that people didn’t have different ideas about what was most “effective” in politics, the sides simply had different goals.

In fact, one doesn’t ever have an idea if it does not fit the goal they have in mind. It is said that the only people who believe in love are rich men and pretty women because why else would they get married? Now, if one gets the joke there it is simply that one can come to believe an ideology because it is convenient for them to do so. If one runs an oil company, it is convenient to believe climate change is not real. If this oil executive has an ocean front property, perhaps the more convenient idea becomes that poor people are lazy and deserve to die, seeing that denying climate change would lose them their home. Now, not everything is self-interested as I describe above, I would like to think most things aren’t, but it is all goal-oriented, many times altruistic.

But a pure all-knowing form of truth? Impossible! Fascist! And above all arrogant and blasphemous.

So when one sees a framing such a debate between left and right we must expose it. Firstly, such framing trivializes matter to personal preference, rather than material existence. The truth is that politics decides who lives, who dies, who cries, and who laughs. It is not enough to say people have an ideological disagreement. Do some people really favor death? And some sadness? While the other half of people favor life and happiness? Seems unlikely.

An idea is only seen as “working” by the corporate-controlled media if it gains profit. The truth is that the more a company neglects their consumers and workers, the more profit they will gain, and the more this company will grow. So a company that loses money is most likely “good” for most people, just not for their CEO. This is why there should be no private companies, only government ones that lose boatloads of money and provide for consumers and workers alike.

In a previous article, I argued that we should replace ideology with class but I have since come to recognize that class itself is just one of many material conditions (even if it is, as Marxists say, the defining one). Ultimately the role that class plays in the argument we have outlined is no different a role than any other group and therefore in political terms should exist not as a passive condition but an active group in which to organize common interests.

This is why it is astounding that many on the left and right agree that identity politics is bad or “gone too far” or something. Class, as the lettered John Helmeke points out, is an identity. This is not just superficially, obviously, but materially. Which is true for all identity politics, and this is why the materialist left should be pro-identity politics.

The argument against postmodernism is that it takes what was once concrete class and labor-based criticism and obscures it into liberal cultural nonsense. Wouldn’t it be more accurate to say that culture has multiplied and thus so should criticism? It surely is true that labor and class in the corporate media is the last thing to get talked about, and in that sense cultural radicalism will always be taken more seriously than economic radicalism in these spaces.

Still, should resentment of this fact really drive any discussion? Should we really be so keen on the objective, measurable role of wealth inequality that we reject all nuance and democratic possibility in our discourse?

This is not to say that the postmodern tilt to inaction and uncertainty is not in many ways perfect for the corporate bottom line. However, what we must begin to understand is that the tyranny of intolerance comes from the consolidation of ideas and diversification of economics. What the anti-modern subject of today argues is that the ideas have become too astray from their everyday lives while economics have become too centralized in a few hands.

This seems to be a backwards critique. Competition of economics is naturally bad for it allows companies to compete for the lowest price, thus the worst working conditions or the most environmental exploitation. If there was a government monopoly with no interest in price, this would never happen, barring corruption, which is cited as an inevitable form of communism. Surely that is true, but corruption is exactly where capitalism starts, so if communism was to end there, we’d find ourselves no worse in trying. On the other hand, anti-modern folks find that the diversity of ideas, the decentralizing of traditional social structures and the increasing intelligence of the average person must be alienating from the natural human way.

Here we find the great blind spot in an objective reality that is so resistant to change, or ironically, to truth. Postmodernity may be ahead spin but isn’t that the point of any worthy idea? To improve, rather than dull the masses? Would babying people under the guise of anti-intellectualism be anything more than privileged and condescending reductive assumptions about the so-called common man?

The greatest artists leave the viewer with a question, with a hunger to learn more, with possibility, with uncertainty, and with joy in the process. It is past time to reclaim postmodernism as the future of humanity. We have come too far to limit ourselves to concrete truths when the everyday concrete struggle for water, food, shelter, health care and peace remain so allusive. Why limit our thoughts in the same way we limit resources? Why can’t our ideas be bold enough to expand, to multiply, to breathe?

If the postmodern critics throw stones out of insecurity and shame for their lack of understanding, let me assure them that there is no need. No one understands it, and that is the beauty of every important idea, and the beauty of every stranger. To react with so much intolerance to ideas that challenge makes one wonder about the durability of tolerance for the Other, which will be the central question of our times as the old becomes uprooted and often dropped at our doorsteps, challenging the welcome mat, or even the 2nd amendment warning on the door.

It is true that every objective truth, ever marker of grand civilization, has been built on the back of the common man (especially common woman) and common beast. To ask the subjective truth its thoughts on such a matter naturally invites the Other in, and reminds us not that there is no objective truth, but there are always many sides unheard in its effects. Until every side, at every time is heard, by everyone, can the truth ever be known, or can it only be thrived for? The only lie is to say that truth has already been found. Such is the tyranny of Mr. Trump has he attempts to replace democratic education with the adoration of authority.


Killing Ideology: A Defense of Postmodernism. By Nick Pemberton . CounterPunch, September  6, 2019.