On September 8th at the Senate Judiciary Committee hearing on the JCPA, Senator Ted Cruz introduced a proposalwhich temporarily forced the Democrat co-sponsors to withdraw the bill.
If Sen. Cruz designed to expose Democrats pro-censorship motivations, he succeeded. But inexplicably, he’s got now decided on a newamendment with Senator Amy Klobuchar thatenables andfacilitates the censorship he purports to oppose.
The core idea of the JCPA would be to allow media companies to create a legal cartel in the U.S., for the only real reason for negotiating with tech giants for special favors.
When Sen. Cruz successfully inserted an amendment in to the derided media bailout bill limiting the scope of these negotiations to price, it exposed the pro-censorship motivations of the bills Democrat supporters.
Its lead sponsor, Sen. Amy Klobuchar (D-MN), preferred to withdraw the bill from consideration instead of limit the power of a media cartel to demand Big Tech companies censor their competitors.
Inexplicably, conservative icon Cruz caved to Klobuchar to be able to secure a back-room deal to facilitate the JCPAs passage through committee with no solved the core structural censorship (or other) concerns with the bill. The offer is the kind of D.C. swamp creature maneuvering that Cruz has berated Republicans for since joining the Senate.
Along the way, Klobuchar revealed the JCPA was never about rescuing mythical small-town newspapers: its about cementing the energy and influence of established media companies, while crushing their independent competitors on social media marketing.
Despite having the Cruz-Klobuchar amendment, the JCPA still enables censorship and shuts out the medias competitors.
There are a number of ways that the bill, since it happens to be written, allows the media cartel to exclude competitors from the advantages of negotiations with tech companies.
As previously reported, the bill empowers media companies to exclude members predicated on just about any criteria.
Via Breitbart News:
Specifically, the brand new JCPA includes a provision which allows eligible media companies forming a cartel to generate admission criteria for membership unrelated to how big is an eligible digital journalism provider or the views expressed by its content, including criteria to limit membership to only eligible publishers or only eligible broadcasters.
That provision is significant specifically for its specificity. These mainstream and left-wing media cartels might not exclude predicated on size or views expressed by its content. But that’s not the way the exclusion happens or may happen.
These self-appointed mainstream and left-wing media cartels ARE permitted to exclude in line with the usual, totally subjective, factors they always do, such as for example: trustworthiness, fake news, extremism, misinformation, hate speech, conspiracy, correction policy, expertise, authoritativeness, etc.
As the Cruz-Klobuchar amendment may limit formal negotiations between your media cartel and Big Tech to price, there is absolutely no way to avoid the ramifications of the informal ties that may develop between your cartels representatives and companies like Google, Facebook, and Twitter. An already-corrupt relationship, where Big Tech companies voluntarily devote vast amounts of dollars to propping up the organization media, can be more corrupt something Senator Cruz knows.
Needless to say, the Cruz-Klobuchar amendment will not even try to address the myriad other anti-publisher and cartel-enabling provisions of the bill, like the impossibly problematic arbitration and litigation provisions.
For instance, the bill provides a cartel may force a large Tech company to an arbitration proceeding to find out pricing. However in such proceeding, the Big Tech company could have the inherent advantage possessing all of the relevant algorithmic and competitive information, not forgetting additional money, resources, and lawyers to fight the arbitration with.
Big Tech will fight to reveal any financial or algorithmic data, and how are press companies likely to protect their very own competitive and proprietary information and data from one another in that proceeding? Its an impossibility and a conundrum the sponsors of the JCPA are either blind to or dont value no, they would like to ram a poorly conceived and structured bill through.
Whats the fix for a press company excluded from the cartel? Well, it could sue in federal district court to be included. Doing this will definitely cost hundred of thousands or even huge amount of money and expose all sorts of confidential and proprietary data to ones competitors.
It cant be overstated the built-in deference to an excluded press company to pursuing this type of remedy assuming for an instantaneous it gets the resources to even entertain doing this. After all, the complete alleged purpose
of the JCPA would be to help financially crippled local news. It really is sophistry to believe these financially crippled local news outlets could have the requisite money and resources to mount such fights.
Its therefore that Senator Cruzs actions represent this type of betrayal. He and Senator Klobuchar both have presidential ambitions and theyre on full display here. Both will leave from the JCPA table trumpeting the mantle of bipartisanship to push their very own personal agendas. However, Main St. Americans will undoubtedly be left out as usual, with even fewer sources to show to for news that isnt controlled by Big Tech censors. Actually, news media is only going to are more beholden to Big Tech if JCPA passes.
Allum Bokhari may be the senior technology correspondent at Breitbart News.He could be the writer of#DELETED: Big Techs Battle to Erase the Trump Movement and Steal The Election.