The Russian attack on democracy was ineffective because they don’t understand democracy.

American democracy is about the creation of a political marketplace where the taxpayer receives certain protective services in exchange for her vote. These services include police services, fire services, transportation services, commercial trade platforms, cultural services, legal and regulatory frameworks, and education services, to name a few. They are delivered by local, state, and federal governments and their costs are recovered by government in the form of property, sales, and income taxes and other fees.

Politicians squabble before, during, and after the election season on how best these services should be delivered, how much the government should pay to deliver them, and how much of the bill the taxpayer should foot for the government’s efforts. Classical liberal, progressive, and conservative philosophies collide during these debates and the clash of perspective is most apparent during election season when more people are paying attention. To secure the majority of voter approval for position and philosophy, politicians engage in the blood sport of electioneering, a blood sport that includes embellishments, character assassinations, and a lot of misinformation.

Reports abound of how a Russian firm, the Internet Research Agency, entered the political fray between 2014 and 2016 and used social media posts, tweets, and blogs to upset the elections. Their activity during an election year would have been business as usual were it not for their status as foreign agents conducting these activities. Whether or not they upset the political markets with their activity will be hard to determine.

For example, will investigators be able to say that the cost of the exchange of the vote for services increased due to Russian interference? I see no data that describes politicians seeking higher taxes for government spending as a result of any information provided by Russian trolls.

Did any information introduced into the political markets by the Internet Research Agency cause voters to leave the market? I have heard one argument that black voter participation fell because of Russian disinformation about Hillary Clinton. Hillary Clinton has drawn the ire of some blacks as a result of her description of black teenagers as “predators” and her Clinton Foundation taking financial advantage of earthquake relief efforts in Haiti. It is questionable whether any additional misinformation by the Russians could have created any further negative view of Mrs Clinton by blacks. She may have done enough on her own.

American democracy bases societal cohesion on the vote, the ability of the masses to elect its leaders. Leaders promise, as I laid out before, protective services. But what would happen to the democratically-based cohesion if the dependence of Americans on protective services were drastically reduced or eliminated? What if more Americans had 3-D printers and could manufacture their own tools or furniture? What if more Americans grew their own vegetables in their own apartments? What if more Americans were able to take advantage of devices that use unlicensed spectrum in order to form their own local communications networks and reduce their communications expenses? What if more Americans used solar or wind to energize their homes? What if engineers could design apartment buildings such that each unit could take advantage of solar energy?

A true attack on American democracy would be a demonstration of how to live independent of the political elites that thrive on the electorate’s unwillingness to be or ignorance of independence. Whether a democracy or an authoritarian regime, nation-states are about centralizing power. When they attack each other, destroying the core is all that is needed for the knockout punch. Given the Russian Federation’s history of allowing true freedom, an attack on democracy based on independent sovereignty would be thinking way outside the box.

No, American democracy was never really attacked by the Russians. It simply got poked by a player who didn’t have the legal credentials to enter the ring.


Will Congress regulate.@facebook like a public utility? Given its potential benefit to partisan politics, probably not. #socialmedia

The Wall Street Journal’s Holman Jenkins, Jr. posted an article last Friday about Facebook’s apparent maturity as a business given its focus on regulatory issues such as the potential of Congress to regulate the social media company like a public utility. Mr Jenkins points out that Facebook’s fear of regulation, a fear shared by other “tech” companies, comes from the attention that large companies draw to themselves as the result of centralization of power. In this case, Facebook is perceived as one of the few central nodes of power in the digital space (along with fellow FANGs; Amazon, Netflix, and Google). Issue is, does Facebook have a monopoly status that justifies “public utility” regulation. My answer is no.

The classic argument for regulating a firm as a public utility is that the public has an interest in benefiting from the use of the public’s rights-of-way including the efficiencies that flow from making such uses exclusive to one firm in a given territory. Electric and water utilities quickly come to mind when we discuss public utilities and rights-of-way. Would you rather see your streets and driveways dug up to provide multiple pipes from multiple water or electricity suppliers or would you rather one supplier who is forced to comply with a pricing model that creates a competitive price and rate of return on the assets used by the utility to produce a good? For the most part, society has settled for the latter. We don’t like the idea of having an excess number of utility lines running overhead or into our residences for aesthetic or safety reasons.

Does Facebook fall into this public utility model? No, it does not. According to Facebook, the company makes almost all of its revenue from the sale of advertisement. Facebook uses its algorithms to identify potential viewers of content or purchasers of services for its advertisers and display ads these ads to content viewers and services purchasers in exchange for an advertising fee. Ad services, including the delivery of advertisements to consumers, by Facebook’s admission is a competitive business. Unlike electricity transmission and distribution, ad delivery is not a monopolized industry. As Mr Jenkins points out in his piece, ads are ads, digital or otherwise, and Facebook is no where near dominating a $540 billion advertising industry.

Even if Facebook had a monopoly on the delivery of advertisements or advertisement services, would a regulator risk creating a state action by regulating Facebook’s advertising services? Bearing in mind that the latest buzz around Facebook ads was spawned by the delivery of advertisement messaging produced by Russian nationals allegedly designed to disrupt and defraud the American electorate, would Congress require that Facebook vet the firm generating advertisement content? Would Congress risk the overturn of legislation requiring Facebook vet advertisers if found violating the First Amendment?

I think that even advertisers confident that their messaging does not violate the public interest would think twice about placing advertisements on Facebook’s platform. More important, from the perspective of the regulator, an administrative agency would not to create the risk of creating First Amendment violations and having to defend those violations in court. As the U.S. Supreme Court held in Edenfield v. Fane:

“The commercial market place, like other spheres of our social and cultural life, provides a forum where ideas and information flourish. Some of the ideas and information are vital, some of slight worth. But the general rule is that the speaker and the audience, not the government, assess the value of the information presented. Thus, even a communication that does no more than propose a commercial transaction is entitled to the coverage of the First Amendment.” 113 S.Ct. 1792, 1798 (1993)

Finally, political parties may not want to impede the returns to electioneering that social media has been providing for the past decade. According to the Brookings Institution, since the 2008 national elections, political parties have been determining how best to convert the amplification and engagement created by social media during a campaign season into two-year and four-year governance.  Political parties have been encouraged to use social media in a number of ways including the following:

  • Acknowledging that the electorate is using social media as a “trust filter” of political news and information;
  • Realizing that politicians have decreasing control over debate topics and that control is shifting to social networks;
  • Making continued use of social media platforms to directly engage constituents;
  • Using social media platforms as “virtual surveys” of constituent sentiment and gauging feedback from the surveys; and
  • Leveraging ordinary citizens’ use of social media to persuade the electorate.

It is 2018 and Congress should view social media that has greater benefits as an electioneering tool if it is not regulated. From a regulatory perspective, there is no economic or legal justification for regulating social media as a public utility.