2021年4月23日 星期五

On Tech: When is online nastiness illegal?

Deciphering between political rhetoric and dangerous threats online isn't always easy.

When is online nastiness illegal?

Steffen Ullmann

Digital life has complicated an already tricky question: How can the authorities tell the difference between hateful or menacing rants that contain empty threats, and those that might lead to violence?

My colleague Nicole Hong, who writes about law enforcement and criminal justice, said it's never been easy to draw this line, but social media has cranked up the volume of both political rhetoric and dangerous threats. That has challenged the police and the legal system in the United States to sort out what are simply words and what are red flags for a credible threat.

Nicole spoke with me about how law enforcement assesses online threats and what may have changed after the riot at the U.S. Capitol in January.

Shira: Where is the line between constitutionally protected speech and illegal threats?

Nicole: One question is whether the words are inciting others to violence. Another is: If you threaten someone with violence, would a "reasonable person" view that as a serious threat?

I imagine that most people who post hateful or threatening messages online don't act on them. But sometimes posts are a precursor to violence, as we've seen with several mass killers and believers in the QAnon conspiracy theory. How do law enforcement and the criminal justice system tell the difference?

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Law enforcement has really struggled with that for a long time, and it has only gotten more difficult with social media.

When there is threatening rhetoric online, law enforcement officials may wait to see if someone takes concrete action, like ordering bomb-making material, or commits an unrelated crime that gives them an opportunity to intervene. Or law enforcement might talk to the person about an online threat.

When online threats cross the line from protected speech to crimes is a largely unsettled area of the law, and there are so many people on the internet saying things that are violent or threatening.

Is part of the challenge that some people are more likely to post a menacing message online than threaten a member of Congress or the school principal on the phone or in person?

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That's right. Sources in law enforcement have told me that there has been an exponential increase in menacing rhetoric online. Look at any social media site and you can see how overwhelming it is for law enforcement to figure out who might be a risk for violence in real life and who is just ranting.

Should law enforcement have done more about the online threats of violence ahead of the Capitol assault in January?

There were so many posts that foreshadowed what would happen, but it's still not clear whether there were individuals who should have been arrested solely for violent rhetoric.

Americans have constitutional protections for political speech. And many people in law enforcement told me that posting broad threats — let's storm the Capitol or let's overturn the election, for example — were most likely not specific enough to justify an arrest.

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It's all tricky. Now some people in Congress, law enforcement and the public are asking whether more should have been done to monitor or stop people in advance. Law enforcement officials have told me that the Capitol attack made them less willing to wait to see if someone who makes a violent threat online follows through with it.

You wrote this week about a man in New York who made threats against members of Congress after the Capitol riot but didn't follow through and is being criminally prosecuted. Is that an example of lowering the bar for threats?

It's unusual for someone to face criminal charges hinged solely on speech, and that's why I wanted to write about it. A similar case in 2016 ended without a conviction for a man in Orange County, California, who had blogged about beheading members of the F.B.I. He said it was satire and constitutionally protected speech.

In this new case, the man's lawyers say that he never bought any weapons or did Google searches for weapons, he had no plans to carry out violence and no one did so on his behalf. We'll see how the jury assesses all of that.

Even if someone might not intend physical harm, verbal attacks can still feel threatening to the person on the receiving end.

Absolutely. That shows how the limits of the law diverge from the lived reality of people who are targeted.

The government has a very high bar to prosecute people and deprive them of their freedom for saying threatening things on the internet. Law enforcement tries to target the most specific violent threats. That leaves untouched a huge universe of rhetoric that victimizes people. That likely shifts the burden to internet companies to better police themselves.

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Before we go …

  • The people were authentic, but their messages weren't: Facebook has rules to prevent people from faking their identities online to coordinate and spread messages. BuzzFeed News reported on a company assessment after the Capitol attack that found that focusing on fake identities held Facebook back from taking action against real people who worked together to spread falsehoods about the election.
  • Fooled by a chain on the steering wheel: Using a weighted chain and a roll of tape, engineers with Consumer Reports easily circumvented a Tesla feature that is supposed to prevent people from using a driver assistance technology without anyone in the driver's seat. The car drove itself on a closed test track. This would be illegal and dangerous on a public road.
  • Turning the tables on the criminals. A college student who is a computer security researcher found a glitch in a payment system used by hackers who locked up people's computer systems for ransom. Some people were able to take back their computers without needing to pay the criminals, CyberScoop reported. (A reminder: "Ransomware" is bad.)

Hugs to this

Hunter, a chocolate Lab puppy, flopped on the floor to take a snooze. It's Friday. Let's all be Hunter.

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Wonking Out: The China shock and the climate shock

Change is inevitable, but can we cushion the impact on communities?
Author Headshot

By Paul Krugman

Opinion Columnist

Alert! Wonk warning! This is an additional email that goes deeper into the economics and some technical stuff than usual.

Today's column was focused on the remarkable announcement by the United Mine Workers that the union is ready to support the Biden infrastructure plan — if that plan helps miners and mining communities transition out of coal. This looks like a vindication of the "Green New Deal" approach to climate policy, even if Biden isn't calling it that. That is, it suggests that an approach that emphasizes spending and offers tangible benefits to workers may be more politically salable than an Econ 101 approach that emphasizes carbon pricing, even if it's less efficient.

But there's a bit more to this than political packaging. There are valid economic and social reasons to devise policy in a way that, while inducing change, nonetheless alleviates the impact of that change on vulnerable workers.

One arguably valid response is "Well, duh." Still, economists, myself included, have tended to underplay the disruptive effects of rapid change, especially when that disruption falls heavily on particular communities. A case in point: the "China shock" that took place roughly from 2000 to 2008. While there is still considerable debate about how important that shock really was, many of us feel that we missed something important about the downsides of rapid globalization. And this has implications for climate policy now.

How to worry about globalization

Many critics of globalization make really bad arguments. No, whatever Former Guy may say, the fact that we're running a trade deficit doesn't mean that we're being taken advantage of.

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And no level of tariffs could restore manufacturing to the economic role it used to play; even countries like Germany, which run huge trade surpluses, have seen a steady relative decline in manufacturing employment, thanks to rising productivity:

Deindustrializing Deutschland.Bureau of Labor Statistics

On the other hand, anyone who says something like "Economics tells us that free trade is good for everyone" doesn't actually know much about international economics. We've known since a classic 1941 paper by Paul Samuelson and Wolfgang Stolper that tariffs will typically raise the real income of some people within a country even if they make the nation as a whole poorer, and conversely that trade liberalization will hurt some people even if it makes the nation richer.

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So serious economists never denied that rapid growth in world trade, and especially in manufactured exports from China and other developing countries, was probably hurting some Americans. The question was one of magnitudes. Like a number of economists, I tried to do the math, applying a Stolper-Samuelson-type framework to estimate the income distribution effects of rising trade, especially the downward pressure on wages of less-educated workers.

What just about everyone concluded was that these effects were real but modest, not more than a few percent wage reduction. Globalization wasn't harmless, but the downsides seemed to be limited.

And that's still a point you can argue, but it's now clear that we missed a trick, because we didn't take into account the effects of speed, and how they interact with geography.

Consider U.S. imports from China, which rose rapidly in the early years of the new millennium. Here's that rise, measured as a percentage of G.D.P.:

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The China shock.Bureau of Labor Statistics

That's a very fast rise, and it clearly displaced U.S. workers in industries facing a surge in import competition. On the other hand, the rise amounted to only a bit more than one percent of G.D.P., so that the number of workers displaced was almost surely less than 2 million — which is actually a pretty small number in a country as big as the U.S. One way to put it in perspective is to note that over this period an average of around 2 million U.S. workers were laid off for whatever reason every month:

Churn, churn, churn.Bureau of Labor Statistics

So even if Chinese competition caused 2 million workers to lose their jobs over the course of a number of years, it should barely have registered, right?

Well, maybe not. In 2013 the economists David Autor, David Dorn and Gordon Hanson published a revelatory paper on what came to be known as the China shock. What they pointed out was that job displacement by imports wasn't evenly spread across the United States. Instead, the affected industries were by and large very concentrated geographically, which meant that job losses, rather than being sort of background noise in an ever-churning economy, fell heavily on particular communities.

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One example I like to use to illustrate the point is furniture production. Employment in the industry fell by about 200,000 between 2000 and 2008, largely as a result of surging imports; but since total U.S. employment was 132 million at the start of the period, this was a drop in the bucket for the nation as a whole.

Furniture production, however, was largely concentrated in the Piedmont area of the Carolinas, for example in the small metropolitan area of Hickory-Lenoir-Morganton. Look at job losses in furniture as a percent of 2000 employment:

National averages don't tell the full story.Bureau of Labor Statistics

What was a trivial shock to America as a whole was a devastating blow to greater Hickory — actually even greater than the raw number suggests, because of the multiplier effects on employment in local services.

You shouldn't get carried away with this kind of analysis. As Adam Posen of the Peterson Institute for International Economics recently argued, there are big dangers in letting nostalgia for the way things used to be turn into an attempt to prevent change; if we try to freeze the economy in place we'll fail, and do more harm than good. Yet we shouldn't dismiss concerns about change that disrupts communities; the social costs may be bigger than looking at national numbers would suggest.

But what does this have to do with coal?

The coal country conundrum

The U.S. coal industry is a shadow of its former self. When Loretta Lynn was growing up there were almost half a million coal miners; now there are only around a tenth as many:

King Coal no more.Bureau of Labor Statistics

What's left is, however, highly concentrated geographically in part of Appalachia, mainly West Virginia, eastern Kentucky, and western Pennsylvania. And this region doesn't have much in the way of other "export" industries, that is, industries that sell to the world at large (including the rest of America) as opposed to serving local residents. So even though coal is barely a factor in U.S. employment these days, there are still communities in which losing what's left of the industry would do a lot of damage.

In this sense, then, coal is a lot like the industries that found themselves in the path of China's export boom. From a national point of view their losses didn't loom large, but for the communities hit hardest it's a serious blow.

And these communities are troubled in any case. They're part of a belt of depressed local economies that suffer not just from low levels of employment but from serious social problems, including widespread opioid addiction and widespread deaths of despair.

Yet coal shouldn't and can't be brought back, no matter what Former Guy may have promised back in 2016. Climate change must be addressed, and that means phasing out what's left of coal; even without a policy to that effect, market forces have made coal largely unviable.

To its credit, the United Mine Workers has accepted that reality. But the union is now calling for an effort to help coal communities survive even if coal mining doesn't. Its new report is titled "Preserving coal country," emphasizing the place rather than the industry. That, not Trumpian fantasies, is the right way to make the case.

Sad to say, however, that preserving coal country will be hard. The historical record of place-based policies is, let's face it, pretty dismal. And sustaining Appalachia will be especially difficult given the realities of the 21st-century economy, which seems to want to concentrate wealth generation in big metropolitan areas with highly educated work forces.

So preserving coal country may not, in the end, be possible. But we should try. The United Mine Workers aren't wrong in saying that letting the region decline without a good-faith effort to sustain it will have real costs to American society.

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