Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


Most under-appreciated thing about Warren Buffett: he built Berkshire to last well beyond him.  (LAC, at BRK annual meeting via Motley Fool, here.)

University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Bruce Boyden on Tumblr, Porn, and Internet Intermediaries

    • Orin Kerr on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Guy Spier on Symposium Redux: Essays and Lessons

    • John Mihaljevic on Is Berkshire Hathaway Really a Psychology Experiment?

    • Sy Lorne on The Many Audiences of Buffett's Letters

    • Lawrence Cunningham on The Skeptical Principal

    • Lawrence Cunningham on Berkshire's Dividend Policy: Part II

    • Lawrence Cunningham on The Many Audiences of Buffett's Letters

    • Lawrence Cunningham on Deals without Bankers: Salomon and Benjamin Moore

    • Brett Bellmore on National Referenda

    • Gerard Magliocca on National Referenda

    • mls on National Referenda

    • David Schwartz on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Patrick S. O'Donnell on Warren Buffett: Practical Philosopher of Capitalism

    • Ken Shubin Stein on Is Berkshire Hathaway Really a Psychology Experiment?
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Algo-Driven News with a Human Face

posted by Frank Pasquale

Chistopher Steiner’s new book on algorithms looks interesting. (One nugget: Many companies now use software to analyze the emotional tone of customers calling in for customer service help. Sound emotional, and you’ll get routed to the more empathic call center workers.) It’s part of a growing literature on algorithms both online and off. As we search for reliable information on algorithms, they in turn may well be driving even our awareness and discussion of them. It’s another way technology shapes values, rather than being influenced or constrained by them. Consider a recent feature on an increasingly algorithm driven news industry:

Google News-powered results, Google says, are viewed by about 1 billion unique users a week. . . . Which translates, for news outlets overall, to more than 4 billion clicks each month: 1 billion from Google News itself and an additional 3 billion from web search. . . .

Google News’s head of engineering[] summed up the challenge: “How do I take a story that has 20,000 articles, potentially, and showcase all of its variety and breadth to the user?” . . . . Google [is] symbolic of a broader transition: producers’ own grudging acceptance of a media environment in which they are no longer the primary distributors of their own work. [It] suggests an ecosystem that will find producers and amplifiers working collaboratively, rather than competitively. And working, intentionally or not, toward the earnest end that Schmidt expressed two years ago: “the survival of high-quality journalism.”

When Google News launched in 2002, it’s worth remembering, it did so with the following . . . declaration: “This page was generated entirely by computer algorithms without human editors. No humans were harmed or even used in the creation of this page.” Since then, as news publishers have emphasized to Google how human a process news production actually is, the company’s news platform has — carefully, incrementally, strategically — found ways to balance its core algorithmic approach with more human concerns.

The article frames Google’s approach as a series of magnanimous concessions to squabbling journos—the commodity “paint” (as Lessig christened them a few years ago) artistically arranged by Google into a picture of the world. Like most business news nowadays, the commercial concerns about fairly dividing the pie of digital advertising dominate. But I have to wonder about Google News’s public role, and how it could potentially be manipulated. How do stories make it to the top of the Google News front page? How important is the sheer number of mentions of a given story, as opposed to, say, the authority of the news outlets promoting them? (For example, how long should the 47 percent meme dominate presidential news coverage?) And finally, as direct human interventions into the page increase, what are the standards for raising or lowering the prominence of the story? Will news outlets be able to pay for premium placement, like hotels appear to be doing?

If all those decisions are made behind closed doors at the Googleplex (or the Twitterdome, Facebookistan, or wherever your favorite intermediary is), expect increasingly vertiginous online sense making. At its best, Google News could be one more indicator of journalists’ sentiment and interest, helping gatekeepers decide what’s the most important news and ordinary readers tame information overload. As personalization continues apace, rival services will develop different “theories of you” to decide what to present, as Eli Pariser explains:

Google’s filtering systems . . . rely heavily on Web history and what you click on (click signals) to infer what you like and dislike. These clicks often happen in an entirely private context: The assumption is that searches for “intestinal gas” and celebrity gossip Web sites are between you and your browser. You might behave differently if you thought other people were going to see your searches. But it’s that behavior that determines what content you see in Google News, what ads Google displays—what determines, in other words, Google’s theory of you.

The basis for Facebook’s personalization is entirely different. While Facebook undoubtedly tracks clicks, its primary way of thinking about your identity is to look at what you share and with whom you interact. That’s a whole different kettle of data from Google’s: There are plenty of prurient, vain, and embarrassing things we click on that we’d be reluctant to share with all of our friends in a status update. And the reverse is true, too. I’ll cop to sometimes sharing links I’ve barely read—the long investigative piece on the reconstruction of Haiti, the bold political headline—because I like the way it makes me appear to others. The Google self and the Facebook self, in other words, are pretty different people. There’s a big difference between “you are what you click” and “you are what you share.”

As time wears on, the real “news” will be those few items that break through the “filter bubbles” of a critical mass of the populace. In Gary Shteyngart’s novel Super Sad True Love Story, a service called “CrisisNet” provides urgent updates that everyone needs to know. Meanwhile, the New York Lifestyle Times masters the most profitable ways of grabbing the attention of High Net Worth Individuals. Somehow I think a novel like his provides a scenario analysis of the future of news more prescient than most algorithmic predictions of “present and future business models to monetize the newspaper industry.”

X-Posted: Madisonian.


 September 21, 2012 at 8:42 pm   Posted in: Cyberlaw, Google & Search Engines, Intellectual Property   Print This Post Print This Post

Responses (2)

  1. A.J. Sutter - September 21, 2012 at 11:12 pm

    The conjunction of “filter bubbles” and “intestinal gas” is indeed disturbing. I wonder, though, if issues like the persistence of the 47-percent meme are really so new. Until the 1990s, the persistence of that meme would have been up to a handful of newspapers and a few TV networks — still quite oligarchic.

    And things could be worse. Take, e.g. Japan. Certain issues are kept out of the media through the use of “press clubs”: if you want to get information from a government agency or large corporation, you have to be invited to their press briefing, and the only way to keep getting invited is not to cross them. I’ve also heard from TV station staff that the government will threaten stations with license revocation if certain stories are broadcast. Recently we heard from the husband of a relative about goings-on in Soma City, one of the cities worst affected by the Fukushima Dai-ichi nuclear meltdown; he is a banker there. It seems the government has come up with a deeply stupid and unfair compensation system for the city’s residents, which has resulted in the abandonment of many businesses while people spend windfalls on gambling and other amusements. None of this is reported. As he put it, “This was so outside my expectation, I couldn’t even dream up a search term would let me find it on Google.”

    Another development here: A DVD called Naito Sunakkaa (“Night Snacker”), by a comedian who travels around Japan visiting hole-in-the-wall bars known as “snack” bars (sunakku), has become a huge hit. (Such bars are favorite hang-outs of what used to be called the Lumpenproletariat, though there are fancier ones, too.) The comedian, whose stage name is roughly something like Velvet Scrotum, has appeared on talk shows decrying peoples’ tendency to use social media to seek advice about their problems in life. Better, he says, to visit a “snack” and discuss it with people there — you’ll always get advice, and from a real person.

    I don’t think there has ever been a moment in history when a reader would have had full access to 20,000 different versions of a story. Access to news has always been limited and filtered. Some things you can only learn by being there yourself. The Internet does create a problem about the funding of in-depth journalism, but as for the broader issue you describe in this post, a lot of the problem is us: in less than 20 years, we’ve somehow come to expect that the virtual is, or ought to be, a substitute for the real — or even a heightening of it. And it’s neither of those things.

  2. Frank Pasquale - September 22, 2012 at 1:44 pm

    I hope the “Night Snacker” TV show makes it to the US (though the latest Japanese export has been disappointing: http://en.wikipedia.org/wiki/MXC).

    You’re right: the question here, as always, is “compared to what.” No Nirvana Fallacies allowed. Bracha and I attempted to address that question in our paper in 2008, which I will excerpt below. At this point, I don’t have a dog in the fight as to whether the Internet public sphere is better or worse than older ones. (Even Habermas had to back down from a lot of critiques in Structural Transformation of the Public Sphere; see, e.g., http://www.nyu.edu/ipk/calhoun/files/calhounIntroductionHabermasAndThePublicSphere.pdf). I do want to point out how current systems are more opaque than they need to be, just as James Rule showed “dramatic discrepancies between … surveillance potentials—-one an ultra-sophisticated reality, the other grossly underdeveloped”–are not dictated by technological capacity, but rather, by power (at http://www.democracyjournal.org/22/the-whole-world-is-watching.php?page=all)

    From “Federal Search Commission” (2008):

    “Yochai Benkler defends the relative superiority of Internet speech (in comparison with old broadcasting and print models) by analyzing patterns of information flow and visibility on the network. The web, he explains, consists of multiple levels of clusters of interlinked websites; local clusters based on topic, interest, or similar criteria coalesce to form higher-order clusters. These high-order clusters are characterized by a very small number of highly visible sites and a multitude of nearly invisible ones; lower-level clusters have a small number of dominant sites too, but visibility and exposure is much more broadly and evenly distributed among the other websites.”

    “The optimists concede that the old intermediaries or their Net-replicas will maintain some level of power but argue that there are also new and non-trivial alternatives for effective speech. These alternatives are claimed to constitute a much more decentralized and open model and significantly ameliorate many of the ills identified by critics of mass-media.”
    ***
    However, “very few entities control the critical junction of Internet communication, and this situation generates problems similar to those diagnosed in broadcasting long ago. These new gatekeepers can directly manipulate the flow of information–suppressing some sources while highlighting others–whether on the basis of intrinsic preferences or in response to inducements or pressures by others. Second, the hierarchical ranking system, at least in its current one-size fits all form, has a strong bias toward majority preferences. The majority bias partly overlaps with a dominance of well-financed and commercial speakers. Third, the system tilts toward consumerist content both because consumption-oriented content-producers can more successfully induce manipulation and, more importantly, because search engines have an interest in channeling users toward sites with which they cooperate under various commercial schemes.”

    ***

    “According to Benkler, the web functions as a decentralized, peer-based filtering system: lower-order clusters, where a large number of various speakers enjoy exposure to a community of intense-interest individuals, organically elevate a small number of sites to the attention of higher-order clusters. At the most general level, a power law distribution dictates that a small fraction of all websites receive most of the visibility. To the extent that the small group of winners was produced by the decentralized filtering system just described (and not picked by a few powerful players catering to the lowest common denominator), it should not be troubling. A mix of democracy and merit trumped plutocracy. By derivation, the same consoling logic applies to the structural bias of search engines. Search engine algorithms may give a high weight to the preferences of relatively few dominant websites in determining their rankings. But those preferences, and hence the search engine ranking that assigns them a high weight, are, to a large extent, a product of a bottom-up, “democratic” filtering system.”

    “Yet this logic does not apply to more targeted manipulations by search engines. When a search engine specifically decides to intervene, for whatever reason, to enhance or reduce the visibility of a specific website or a group of websites, the decentralized filtering system may be circumvented. Instead of reflecting the synthesized results of a bottom-up filtering process, the search engine imposes its own preferences or the preferences of those who are powerful enough to induce it to act. The aggregate result of specific interventions of this kind by search engines that determine which content reaches viewers may be prejudicial to the democratic aspiration of a free, open, and diverse expressive sphere.”

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress