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Twitter permanently bans Trump (1 Viewer)

Do you have a lawyerly take on this issue of AWS and Parler?
It's not really my area (antitrust), but as someone else just pointed out above if Parler violated the terms of service it's going to be a pretty uphill battle for them. There's certainly no consitutional right to be able to use a private business's services. 

 
I'd be interested in this take as well. IANAL, but I can't see how Parler is going to deliver a burden of proof around anticompetition charges based on AWS removing Parler based on ToS violations.
This is the core issue for sure. I was talking to my tech nerd friends and they seem to tell me that there are any number of services around that Parler can go to.

Parler, unless they start moderating which I guess was the big thing they didn't want to do, probably just going to run into issues with anyone I suppose.

Very interesting topic that people can find themselves on both sides of the argument.

 
It's not really my area (antitrust), but as someone else just pointed out above if Parler violated the terms of service it's going to be a pretty uphill battle for them. There's certainly no consitutional right to be able to use a private business's services. 
The private business issue definitely seems clear.

Getting into monopoly power issues though I would think.

 
I like how it's a "political agenda" to slap down attempts at sedition that cause attacks on our federal lawmakers.  :lol:

Even a guy who has no real love loss for most of what is representing us in DC can see that's a problem.  To chalk it up to mere "political agenda" is laughable.

 
Even as someone who agrees Trump should have been banned - or a received a lengthy suspension - from Twitter this is a difficult issue.

It seems to me that various leaders in the EU don't necessarily have a problem with Trump (or anyone) being banned but by how this decision is reached. 
I disagree with Merkel on this.

"On Monday, a spokesperson for Merkel, Steffen Seibert, said that it wasn't up to social media CEOs to regulate freedom of speech, but to lawmakers."

It's the exact opposite. Lawmakers should absolutely not "regulate" freedom of speech. Our First Amendment is way better than any laws Germany has.

And Twitter isn't preventing Trump from speaking. He can speak all he wants. Twitter is only preventing him from speaking on Twitter, as is obviously Twitter's right, as it should be. If Twitter is making a bad decision, well, that's what competition is for. (Twitter is not making a bad decision, IMO, but we can let things play out in the marketplace. If Twitter and Facebook and YouTube et al. are all making bad decisions, it will hasten the rise of the next platform.)

 
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I disagree with Merkel on this.

"On Monday, a spokesperson for Merkel, Steffen Seibert, said that it wasn't up to social media CEOs to regulate freedom of speech, but to lawmakers."

It's the exact opposite. Lawmakers should absolutely not "regulate" freedom of speech. Our First Amendment is way better than any laws Germany has.

And Twitter isn't preventing Trump from speaking. He can speak all he wants. Twitter is only preventing him from speaking on Twitter, as is obviously Twitter's right, as it should be. If Twitter is making a bad decision, well, that's what competition is for. (Twitter is not making a bad decision, IMO, but we can let things play out in the. marketplace. If Twitter and Facebook and YouTube et al. are all making bad decisions, it will hasten the rise of the next platform.)
This I agree with. If you don’t like Twitter’s moderation leave. 

I think it gets a little murkier when we started talking about AWS which provides the pipeline  to the internet (probably a bad analogy) booting off Parler. 

If Parler refuses to moderate then that makes the discussion a lot easier.

 
Maybe this is Bezos flexing his muscles towards Trump, when he knows Trump is currently impotent to stop it - but I would guess this is a simple financial calculus that never reached the level of Bezos.
If Bezos used the Washington Post to flex his muscles toward Trump, that would violate mere norms (since he is the sole owner, AFAIK).

If he used Amazon to do it, it would probably land him in legal trouble with his shareholders.

(I don't think he would do either one.)

 
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I disagree with Merkel on this.

"On Monday, a spokesperson for Merkel, Steffen Seibert, said that it wasn't up to social media CEOs to regulate freedom of speech, but to lawmakers."

It's the exact opposite. Lawmakers should absolutely not "regulate" freedom of speech. Our First Amendment is way better than any laws Germany has.

And Twitter isn't preventing Trump from speaking. He can speak all he wants. Twitter is only preventing him from speaking on Twitter, as is obviously Twitter's right, as it should be. If Twitter is making a bad decision, well, that's what competition is for. (Twitter is not making a bad decision, IMO, but we can let things play out in the. marketplace. If Twitter and Facebook and YouTube et al. are all making bad decisions, it will hasten the rise of the next platform.)
I think mot people are ignoring that Merkel called for government censorship, and just focused on her criticism that Twitter did it.

 
I mean, just imagine if you are GroovusWorks making widgets and your entire setup is on AWS.  And you post a MAGA rally pic on your Instagram in your shirt with Trump flying on an eagle with a bazooka on his shoulder.  And you start trending on Instagram and Bezos sees it and says "Screw GroovusWorks" and tells them to ban you immediately.  And you are all like "Hey, we’re losing all our damn money, and Christmas is around the corner, and I ain’t gonna have no money to buy my son the G.I. Joe with the kung-fu grip! And my wife ain’t gonna f… my wife ain’t gonna make love to me if I got no money!"

Now what?
If AWS violated its contract with Parler, Parler can sue.

If AWS didn't violate its contract, the blame is entirely on Parler for failing to negotiate a contract that would let them do what they wanted to do without being terminated.

 
If AWS violated its contract with Parler, Parler can sue.

If AWS didn't violate its contract, the blame is entirely on Parler for failing to negotiate a contract that would let them do what they wanted to do without being terminated.
Parler is apparently going forward with a suit - not on breech of contract, but on anti-trust grounds

 
The AWS stuff seems almost more like approaching a utility.
I've seen people say this. Is web-hosting a natural monopoly? I don't know why it would be, but I haven't googled yet for the answer.

If it's not a natural monopoly, it's nothing like a utility. Utilities aren't special because they're important. (Lots of business inputs are important.) They're special because they're particularly resistant to competition.

An argument could be made that social media companies are like that. It would be a bad argument, IMO, but not insane. "Network effects" do build a natural barrier to competition (though ask MySpace how impregnable that barrier is). But is there anything analogous with web-hosting services?

 
If AWS violated its contract with Parler, Parler can sue.

If AWS didn't violate its contract, the blame is entirely on Parler for failing to negotiate a contract that would let them do what they wanted to do without being terminated.
Parler is apparently going forward with a suit - not on breech of contract, but on anti-trust grounds
https://www.courtlistener.com/docket/29095511/1/parler-llc-v-amazon-web-services-inc/

I stand corrected - there is a breech of contract claim included - AWS did not give Parler 30 days notice.

Parler alleges that Amazon's decision was politically motivated and breaches a contract between the two companies that entails Amazon's cloud-hosting service supporting posts published on Parler. According to the lawsuit, AWS is required to provide Parler with a 30-day notice before terminating service.

It also alleges that Amazon's action is anti-competitive since it didn't take similar action against Twitter, Parler's rival that also uses AWS.

 
Parler acknowledges a big part of its problem with a breech of contract claim:

45. Thus, AWS will have breached its contract with and harmed Parler. Further, lost future profits in this case are difficult to calculate due to the rapidly increasing nature of Parler’s user base. That’s because “[t]he usual method for proving lost profits is to establish profit history.” Tiegs v. Watts, 135 Wash.2d 1 (1998). But that history will, at best, undervalue the future given how quickly Parler is growing. And at worst, Parler will get nothing as “[l]ost profits cannot be recovered where they are speculative, uncertain and conjectural” because “[t]he amount of lost profits must be established with reasonable certainty.” Id. Thus, money damages may not be available, but at the least are insufficient to make Parler whole.

 
Could be. I think maybe @bigbottom or maybe @Maurile Tremblay would know better. I have never focused on that area of law.
I got A's in several antitrust courses about 25 years ago, which definitely makes me an expert.

I haven't read Parler's complaint (if one exists yet), but at first blush, alleging an antitrust violation in this context strikes me as a hail mary along the lines of what Lin Wood or Sidney Powell might come up with.

 
I got A's in several antitrust courses about 25 years ago, which definitely makes me an expert.

I haven't read Parler's complaint (if one exists yet), but at first blush, alleging an antitrust violation in this context strikes me as a hail mary along the lines of what Lin Wood or Sidney Powell might come up with.
My cursory read of the complaint is - its not a winning argument, but not quite as desperate as a Hail Mary.

It involves allegations that AWS is working to protect Parler's competitor Twitter, and that AWS's actions and allegations have made it impossible for Parler to find another hosting service.

 
trump is getting banned everywhere by everyone.  PGA, Spotify, the company that was assisting with selling the DC hotel.  No one wants to be associated with his treason.  

 
This is the core issue for sure. I was talking to my tech nerd friends and they seem to tell me that there are any number of services around that Parler can go to.

Parler, unless they start moderating which I guess was the big thing they didn't want to do, probably just going to run into issues with anyone I suppose.

Very interesting topic that people can find themselves on both sides of the argument.
The very existence of both a very healthy ecosystem of smaller web and application hosting services, as well as huge multinational companies like GCP, Azure, IBM Cloud, Oracle Cloud, and a host of others seems to make any attempt of turning this into a successful antitrust suit highly unlikely.

Like many suits, perhaps this is just about seeking a modicum of settlement.

If AWS violated its contract with Parler, Parler can sue.

If AWS didn't violate its contract, the blame is entirely on Parler for failing to negotiate a contract that would let them do what they wanted to do without being terminated.
This is going to be the interesting part. But I highly suspect given how visible a platform like Parler is, and all the issues surrounding it prior to the riots on the Capitol, that AWS's legal team didn't cross i's and dot t's before yanking Parler.

We'll see.

 
My cursory read of the complaint is - its not a winning argument, but not quite as desperate as a Hail Mary.

It involves allegations that AWS is working to protect Parler's competitor Twitter, and that AWS's actions and allegations have made it impossible for Parler to find another hosting service.
How they are going to prove AWS's protecting Twitter's interest is beyond me.

How AWS's actions made it impossible to find another hosting service is a complaint that I can't see would ever hold up.

 
But Social media is how information is disseminated now.  Most people see things on Facebook/Twitter.  There's a reason news outlets use social media.   
Social media should be a  repeater of the information not the source. Politicians should speak in front of people who can question what they are saying. 
Agree a lot with Mile High. Guess I'm too old and harkening back to a time that can never return (the mid-to-late 2000s) ... but IMHO nothing serious in the news cycle should ever be disseminated first on social media before getting run on old-line pre-Internet news sources. Looks like if Facebook/Twitter, things go to heck just about every darn time.

Very dim view of YouTube as a conduit for rock-solid factual information, as well. Too easy for any kind of rando to make a smooth-sounding video with good production values => they've created "truth" (read: BS) out of whole cloth.

 
I've seen people say this. Is web-hosting a natural monopoly? I don't know why it would be, but I haven't googled yet for the answer.

If it's not a natural monopoly, it's nothing like a utility. Utilities aren't special because they're important. (Lots of business inputs are important.) They're special because they're particularly resistant to competition.

An argument could be made that social media companies are like that. It would be a bad argument, IMO, but not insane. "Network effects" do build a natural barrier to competition (though ask MySpace how impregnable that barrier is). But is there anything analogous with web-hosting services?
I don’t know either. 

 
Not to worry about banning and slippery slopes. The third runner-up in the Republican primaries from 2012 just got banned from Facebook also.

Keep it real, Ron. Audit The Fed!

 
I knew this issue was thornier than merely private corporations maintaining their own platform. I guarantee we'll see more of this in the future. They've almost become public utilities, and as such, judges are going to find that policy-wise, they're public forums, not private ones.

What this means I do not know. Perhaps it is a precursor to a resounding victory at the Federal level for clear private/public distinctions where a clear line is drawn and companies have the right to do whatever they like under terms of service agreements. Somehow, given the sanctity that boilerplate holds in contracts, that shrinkwrap agreements hold in software, and how public/private designations vary with respect to commercial settings, I doubt it. It'll be messy.

 
I'm still surprised folks think this is about anything other than money.  I'm totally unwilling to give Twitter, Facebook and others the benefit of the doubt on this.  It stands to reason if Parler could startup (and quickly) and get a ton of users then a heavily moderated competitor could do the same.  I'm not sure how I would have handled it - the entrepreneur side of me thinks I would most likely create a the equivalent of the PSF on my platform and make Donald's feed be there. 
Parler had to have been a big money grab.  Any reasonable platform should not be single threaded on its cloud services.  Especially not one who is trying to compete with Twitter/Facebook.  This is not rocket science, dang its not even hard.  From a tech standpoint, Parler looks like a joke.

 
“Deutsche Bank, which has been Trump’s primary lender for two decades, has decided not to do business with Trump or his company in the future. Trump currently owes Deutsche Bank more than $300 million, which is due in the next few years.”

Who knows where we will be in a few years, but this should make the Trumps a little nervous 

 
These are good questions.  I do think that hosting services are very much like electricity in the modern world.  None of us are privy to the contract between Parler and AWS, but I imagine Parler isn't too happy about it.

I guess my issue is I feel bad for Parler in a sense, because they are being made out to be the villain in all of this.  I have CNN going on my tv on mute much of the day.  Parler is on there all the time and is being made out to be this nefarious business, when in reality the culprits (if you want to blame the social media companies) are facebook and twitter, as THAT is where the event was primarily organized.  

I think there is a good opportunity here to force some change on these social media companies, and instead it just seems like they are going after parler, as if that is going to solve anything.
Its hard to not be the villain when your site is being used to incite violence.  I mean they have screenshots of it.  I'm not sure why people are surprised.

 
“Deutsche Bank, which has been Trump’s primary lender for two decades, has decided not to do business with Trump or his company in the future. Trump currently owes Deutsche Bank more than $300 million, which is due in the next few years.”

Who knows where we will be in a few years, but this should make the Trumps a little nervous 
Or the bank when Trump does not pay them back.

 
Hosting webservices is not the same thing as providing electricity. Just about anyone can set up and run their own webservices infrastructure (assuming you can afford the network connection and hardware). Using AWS as part of your architecture is a choice, not an unavoidable necessity.
Nor do they even have to use cloud services.  Go to a colo data center.  I mean the options are endless.

 
For sure. Much more power in AWS.

How this would be regulated gets to the core of capitalism. I guess some other company can now come into to service this area if the money is there is the pure capitalism answer, but how many companies are able to do thi? I am def am out of my depth in this area.
A lot.  But Parler doesnt even have to choose cloud services.  There are hundreds of companies that could host their platform.

 
Or the bank when Trump does not pay them back.
Yeah, whats that quote? “If you owe the bank $100 dollars that’s your problem. If you owe the bank $100 million dollars that’s the bank’s problem.”

We will see how much collateral Trump has put up. 

 
Extremely difficult.

I think Trump earned the ban.  I think Capitalism says Twitter/Amazon/Google can do as they see fit.

But they've developed these massive/unique platforms with the ability to influence what information can be consumed.  If they're using that for political purposes--should that be allowed?  

Maybe Trump's just insane and this normalizes after he's gone?
Honest question

Can a private business post signs for a political candidate?  Doesn't that mean the business is influencing what information can be consumed?

Same with the bakers not wanting to provide the cake to the same-sex couple.

 
The way I see it is the specific apps can have their rules of conduct, ban as they see fit. People then decide if they want to be a part of this service.

The AWS stuff seems almost more like approaching a utility.

I’m pretty much an idiot when it comes to this area so I may be way overestimating the control, power and how it is concentrated.
From a technology standpoint it is not.

 
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I knew this issue was thornier than merely private corporations maintaining their own platform. I guarantee we'll see more of this in the future. They've almost become public utilities, and as such, judges are going to find that policy-wise, they're public forums, not private ones.

What this means I do not know. Perhaps it is a precursor to a resounding victory at the Federal level for clear private/public distinctions where a clear line is drawn and companies have the right to do whatever they like under terms of service agreements. Somehow, given the sanctity that boilerplate holds in contracts, that shrinkwrap agreements hold in software, and how public/private designations vary with respect to commercial settings, I doubt it. It'll be messy.
I disagree on the bolded. They're far from that.

 
I disagree on the bolded. They're far from that.
I was thinking more of the internet in general, not its applications, though the two are almost synonymous for a lot of end users. The ease and expectation in which they're accessed by many makes them akin to it. Zuckerberg and Dorsey's ability to follow you across the internet makes it quasi-public, if you ask me. Good for the goose, good for the gander and all that.

 
I was thinking more of the internet in general, not its applications, though the two are almost synonymous for a lot of end users. The ease and expectation in which they're accessed by many makes them akin to it. Zuckerberg and Dorsey's ability to follow you across the internet makes it quasi-public, if you ask me. Good for the goose, good for the gander and all that.
That makes sense, I'm also approaching the point where I think internet access is a public utility. A particular messaging exchange platform doesn't approach public utility status IMO, there are tons of options, and more fundamentally none of them, even taken in total, are necessary to a significant degree.

 
Yeah....what parler is and how it appears to have been set up is similar to something a rag tag team of FBGs would put together on their own time.  Anyone posting personal info there deserves what they get just for being that dumb. 

 
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AWS or any small group of companies garnering too much control is the only issue I would see coming out of this that is of interest.

Many peeps in here are confirming this isn't the case at this point.

As it relates to Parler if they aren't moderating their content, as it was told to me the other day by some folks, then screw them in any case.

 
And no.......the "internet" is not a monopoly held by anyone.  I can argue that it should be state owned for efficiency reasons, but with wifi as an option these days,  if you have the resources you can get inthe market. 

 
Honest question

Can a private business post signs for a political candidate?  Doesn't that mean the business is influencing what information can be consumed?

Same with the bakers not wanting to provide the cake to the same-sex couple.
It's not remotely comparable IMO.

Google can control search results world-wide.  Twitter can control what content is posted world-wide.  That's a lot of information control.  

If Happy Land Bakery in St. Louis decides they want to post Biden signs...that doesn't limit what anyone sees.  And it's reach isn't nearly the same as Google/Twitter/etc.

The capitalism argument--sure.  Anyone can do what they want with their company.  These big tech companies are in an interesting spot given the power over information they've acquired.  

 
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Honest question

Can a private business post signs for a political candidate?  Doesn't that mean the business is influencing what information can be consumed?

Same with the bakers not wanting to provide the cake to the same-sex couple.
It's not remotely comparable.  

Google can control search results world-wide.  Twitter can control what content is posted world-wide.  That's a lot of information control.  

If Happy Land Bakery in St. Louis decides they want to post Biden signs...that doesn't limit what anyone sees.  And it's reach isn't nearly the same as Google/Twitter/etc.
Thank you for the response

Google is not a monopoly.  Google is like 87% of market share but only because its what people choose to use.  There are a number of other options people can choose from.  Meaning, google doesn't control what people read.  In addition, its only a search engine.  People can get information from many other places.  If you dont like google, use something else.  But please dont be mad at a private business when it does what is in the best interest of itself instead of what you want it to do.

Also - I didn't ask you to compare them nor did I say they were comparable.  I asked if when a business puts out a political sign, is it influencing?  I believe the answer is yes.

 
Thank you for the response

Google is not a monopoly.  Google is like 87% of market share but only because its what people choose to use.  There are a number of other options people can choose from.  Meaning, google doesn't control what people read.  In addition, its only a search engine.  People can get information from many other places.  If you dont like google, use something else.  But please dont be mad at a private business when it does what is in the best interest of itself instead of what you want it to do.

Also - I didn't ask you to compare them nor did I say they were comparable.  I asked if when a business puts out a political sign, is it influencing?  I believe the answer is yes.
I'm not arguing google is a monopoly.  Sure, you can use a different source.  But because it's 87% of the market, Google has a ton of power.  

I'm not mad at Google.  I use it daily.  I enjoy the service.  I'm just saying they've obtained a ton of power at this point.  And so if the search enginge that has 87% of the market is choosing to influence American elections, or really elections anywhere...is that ok?  

And I don't know what you can do other than compare them?  Does a small private business ahve the ability to influence politics on a small scale?  Sure.  But that misses the point.  A small bakery in whatever state doesn't have world wide reaching or national reaching influence the way google does.  

My point is that google/Twitter have a ton of power and influence.  That makes them a special case.

A bakery doesn't.  A mom and pop coffee shop doesn't.  Sure, they can influence on a small scale, but nothing like Google.

I'm arguing Google and Twitter and Facebook have a lot of power due to their ability to control the distribution of information and their massive usage.  You seem to be arguing that any business can influence people.  

 
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I'm not arguing google is a monopoly.  Sure, you can use a different source.  But because it's 87% of the market, Google has a ton of power.  

I'm not mad at Google.  I use it daily.  I enjoy the service.  I'm just saying they've obtained a ton of power at this point.  And so if the search enginge that has 87% of the market is choosing to influence American elections, or really elections anywhere...is that ok?  

And I don't know what you can do other than compare them?  Does a small private business ahve the ability to influence politics on a small scale?  Sure.  But that misses the point.  A small bakery in whatever state doesn't have world wide reaching or national reaching influence the way google does.  

My point is that google/Twitter have a ton of power and influence.  That makes them a special case.

A bakery doesn't.  A mom and pop coffee shop doesn't.  Sure, they can influence on a small scale, but nothing like Google.

I'm arguing Google and Twitter and Facebook have a lot of power due to their ability to control the distribution of information and their massive usage.  You seem to be arguing that any business can influence people.  
Thanks for the reply.

I will disagree with you on Google, but we can leave it at that.

I would ask though on the influence front it seems like you are valuing the size of the individual business influence too high.  For example, what if every (87% of  ;)  ) local business in a town put a sign out for candidate A.  You would still be OK with that?  Would that change your perspective?  What if 3 of the 4 news papers put out endorsements for candidate A.  Is that OK?

My point is that I don't think the size of the influence matters.  I think that we need to allow all businesses to conduct business as they see fit.  The bigger ones have to be careful as they need to play both sides.  But can we really fault them?

Thanks for the conversation.

 
Thanks for the reply.

I will disagree with you on Google, but we can leave it at that.

I would ask though on the influence front it seems like you are valuing the size of the individual business influence too high.  For example, what if every (87% of  ;)  ) local business in a town put a sign out for candidate A.  You would still be OK with that?  Would that change your perspective?  What if 3 of the 4 news papers put out endorsements for candidate A.  Is that OK?

My point is that I don't think the size of the influence matters.  I think that we need to allow all businesses to conduct business as they see fit.  The bigger ones have to be careful as they need to play both sides.  But can we really fault them?

Thanks for the conversation.
I think that Google and Twitter are unique and can't be compared to other local businesses.  This is for 2 reasons.

1.  They're international.  Google's reach is hundreds of millions of users.  My local business reach is in the thousands.

2.  My local business deals in Coffee, or farm equipment or dog food, etc.  Google and and Twitter deal in information.  They are not the same as any other company.  

You post you're not comparing them but you keep trying to compare them.  I think the size of the influence matters when it's world wide.  I think the fact that they can choose what information is seen/isn't seen is important.  

I'm not lobbying to go after Google or punish google. I don't think Google is necessarily doing anything wrong.  I'm just saying they're in an interesting spot with the power they've obtained.

 
9 minutes ago, JAA said:
Thanks for the reply.

I will disagree with you on Google, but we can leave it at that.

I would ask though on the influence front it seems like you are valuing the size of the individual business influence too high.  For example, what if every (87% of  ;)  ) local business in a town put a sign out for candidate A.  You would still be OK with that?  Would that change your perspective?  What if 3 of the 4 news papers put out endorsements for candidate A.  Is that OK?

My point is that I don't think the size of the influence matters.  I think that we need to allow all businesses to conduct business as they see fit.  The bigger ones have to be careful as they need to play both sides.  But can we really fault them?

Thanks for the conversation.
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I think that Google and Twitter are unique and can't be compared to other local businesses.  This is for 2 reasons.

1.  They're international.  Google's reach is hundreds of millions of users.  My local business reach is in the thousands.

2.  My local business deals in Coffee, or farm equipment or dog food, etc.  Google and and Twitter deal in information.  They are not the same as any other company.  

You post you're not comparing them but you keep trying to compare them.  I think the size of the influence matters when it's world wide.  I think the fact that they can choose what information is seen/isn't seen is important.  

I'm not lobbying to go after Google or punish google. I don't think Google is necessarily doing anything wrong.  I'm just saying they're in an interesting spot with the power they've obtained.
I hear your responses, we can agree to disagree.

Do you have any comments when all local business choose to influence in one direction?

What about if a global, world wide, mega church decided to influence in a certain direction.  Would you feel any different?

I don't know your background, but mine is in tech.  I don't need google or twitter to get information.  Frankly, I don't trust them that much.  Well ... maybe a "trust but verify" relationship.  Meaning, if google and twitter and Facebook were gone tomorrow, or if it was proven that they were malicious in how they influenced search results ... I would be fine.  I would not use them and use an alternative.

In the end, I guess I believe you ask too much of a private business because of how much you depend on them or because of how you perceive their reach.

:2cents:

 

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