Google’s legal team has extraordinary power to decide which videos can be seen by audiences around the world, according to Jeffrey Rosen’s piece, Google’s Gatekeepers in yesterday’s New York Times magazine. Google, of course, owns YouTube, which gives it the technical ability to block particular videos — though of course so many videos are submitted that it’s impractical to review them all in advance.
Some takedown requests are easy — content that is offensive and illegal (almost) everywhere will come own immediately once a complaint is received and processed. But Rosen focuses on more difficult cases, where a government asks YouTube to take down a video that expresses dissent or is otherwise inconvenient for that government. Sometimes these videos violate local laws, but more often their legal status is murky and in any case the laws in question may be contrary to widely accepted free speech principles.
Rosen worries that too much power to decide what can be seen is being concentrated in the hands of one company. He acknowledges that Google has behaved reasonably so far, but he worries about what might happen in the future.
I understand his point, but it’s hard to see an alternative that would be better in practice. If Google, as the owner of YouTube, is not going to have this power, then the power will have to be given to somebody else. Any nominations? I don’t have any.
What we’re left with, then, is Google making the decisions. But this doesn’t mean all of us are out in the cold, without influence. As consumers of Google’s services, we have a certain amount of leverage. And this is not just hypothetical — Google’s “don’t be evil” reputation contributes greatly to the value of its brand. The moment people think Google is misbehaving is the moment they’ll consider taking their business elsewhere.
As concerned members of the public — concerned customers, from Google’s viewpoint — there are things we can do to help keep Google honest. First, we can insist on transparency, that Google reveal what it is blocking and why. Rosen describes some transparency mechanisms that are in place, such as Google’s use of the Chilling Effects website.
Second, when we use Google’s services, we can try to minimize our switching costs, so that moving to an alternative service is a realistic possibility. The less we’re locked in to Google’s service, the less we’ll feel forced to keep using those services even if the company’s behavior changes. And of course we should think carefully about switching costs in all our technology decisions, even when larger policy issues aren’t at stake.
Finally, we can make sure that Google knows we care about free speech, and about its corporate behavior generally. This means criticizing them when they slip up, and praising them when they do well. Most of all, it means debating their decisions — which Rosen’s article helpfully invites us to do.