November 28, 2022


On September 8, at the Senate Judiciary Committee hearing on the JCPA, Senator Ted Cruz introduced a motion that temporarily forced participating Democrats to withdraw the bill.

If Senator Cruz intends to expose Democrats’ pro-censorship motives, he has succeeded. But inexplicably, he has now approved a new amendment with Senator Amy Klobuchar that enables and facilitates the censorship he allegedly opposes.

The basic concept of the JCPA is to allow media companies to form a legal cartel in the United States, with the sole purpose of negotiating with tech giants for private services.

When Senator Cruz successfully introduced an amendment to the annoying media bailout bill that limited the scope of those price negotiations, he exposed the pro-censorship motives of the bill’s Democratic supporters.

The main sponsor, Senator Amy Klobuchar (D-Minnesota), preferred to withdraw the bill from consideration rather than limit the media union’s ability to require big tech companies to monitor their competitors.

Inexplicably, conservative icon Cruz bowed before Klobuchar in order to secure a backroom deal to ease the JCPA’s passage through the commission without resolving any of the bill’s fundamental (or other) structural oversight concerns. The deal is the kind of D.C. swamp maneuver that Cruz has berated Republicans for since joining the Senate.

In the process, Klobuchar revealed that the JCPA was never about rescuing fabled small-town newspapers: it was about enhancing the power and influence of established media companies, while crushing their independent competitors on social media.

Even with the Cruz-Klobuchar Amendment, the JCPA still allows for censorship and shuts down media competitors.

There are a variety of ways that the bill, as currently written, would allow the media union to exclude competitors from the advantages of negotiations with tech companies.

As previously reported, the bill enables media companies to disqualify members based on almost any criteria.

Via Breitbart News:

Specifically, the new JCPA contains a provision allowing “qualified” media companies that make up a cartel “to establish admission criteria for membership that are not tied to the size of a qualified digital journalism provider or the opinions its content expresses, including criteria to restrict membership to qualified publishers or broadcasters only.” “.

This provision is especially important for its privacy. These mainstream and left-wing media cartels may not be disqualified based on size or “opinions expressed by their content”. But that is not how exclusion happens or will happen.

These self-proclaimed left-wing and mainstream media cartels are allowed to be excluded based on the usual and wholly subjective factors they always do, such as: “trustworthiness”, “fake news”, “extremism”, “disinformation”, “hate speech”, “conspiracy” , “correction policy”, “experience”, “authority”, etc.

While the Cruz-Klobuchar amendment may limit formal negotiations between the media cartel and Big Tech to price, there is no way to prevent the effects of informal relationships that will arise between representatives of the cartel and companies such as Google, Facebook and Twitter. An already corrupt relationship, in which big tech companies voluntarily allocate billions of dollars to support corporate media, will become even more corrupt — something Senator Cruz knows.

Of course, the Cruz-Klobuchar Amendment doesn’t even attempt to address the bill’s many other anti-publisher and cartel-enabling provisions, such as the potentially problematic arbitration and litigation provisions.

For example, the bill states that the cartel may compel Big Tech to conduct price-fixing arbitration. But in any such action, Big Tech would have the inherent advantage – having all the relevant computational and competitive information, not to mention more money, resources, and lawyers to fight arbitration with.

Big tech companies will struggle to disclose any financial or algorithmic data, and how are news media companies supposed to protect competitive and proprietary information and data from each other in such actions? It’s an impossibility and a mystery that JCPA sponsors are either blind or don’t care – no, they just want to pay a poorly designed and structured bill through it.

What is the treatment for a news media company excluded from the cartel? Well, a lawsuit can be filed in the Federal District Court to be included. Doing so would cost hundreds of thousands if not millions of dollars and expose all kinds of confidential and proprietary data of one’s competitors.

The inner deference of an alienated media company to pursue such a “treatment” — assuming for a moment that it even has the resources to entertain it — cannot be overstated. After all, the whole purported purpose

From JCPA is to help financially disrupted local news. It would be sophistry to think that these financially crippled local news outlets would have the money and resources to fight such battles.

For these reasons, Senator Cruz’s actions represent such treachery. He and Senator Klobuchar have presidential ambitions and are on full display here. Both will walk away from the JCPA table complaining of the mantle of bipartisanship to advance their personal agendas. However, Maine Saint American will be left behind as usual, with fewer sources to turn to for news not controlled by major tech watchers. In fact, the news media will only become beholden to Big Tech if the JCPA passes.

Alum Bukhari is the chief technology correspondent for Breitbart News. he is an author #DELETED: Big Tech’s battle to erase the Trump movement and steal the election.



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