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Bokhari: Cruz-Klobuchar Amendment Doesn’t Fix JCPA, Censorship-Enabling Bailout for the Establishment Media

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Bokhari: Cruz-Klobuchar Amendment Doesn’t Fix JCPA, Censorship-Enabling Bailout for the Establishment Media

On September 8th at the Senate Judiciary Committee aurally perceiving on the JCPA, Senator Ted Cruz introduced a proposal which ephemerally coerced the Democrat co-sponsors to withdraw the bill. If Sen. Cruz intended to expose Democrats’ pro-censorship motivations, he prospered. But inexplicably, he has now acceded on a new amendment with Senator Amy Klobuchar that enables and facilitates the censorship he purports to oppose.

The core concept of the JCPA is to sanction media companies to compose a licit cartel in the U.S., for the sole purport of negotiating with tech giants for special favors. When Sen. Cruz prosperously inserted an amendment into the derided media bailout bill inhibiting the scope of those negotiations to price, it exposed the pro-censorship motivations of the bill’s Democrat adherents.

Its lead sponsor, Sen. Amy Klobuchar (D-MN), preferred to withdraw the bill from consideration rather than limit the facility of a media cartel to injuctively authorize Big Tech companies censor their competitors.

Inexplicably, conservative icon Cruz caved to Klobuchar in order to secure a back-room deal to facilitate the JCPA’s passage through committee without having solved any of the core structural censorship (or other) concerns with the bill. The deal is the type of D.C. swamp creature maneuvering that Cruz has berated Republicans for since joining the Senate.

In the process, Klobuchar revealed the JCPA was never about rescuing mythical diminutive-town newspapers: it’s about cementing the potency and influence of established media companies, while crushing their independent competitors on gregarious media.

Even with the Cruz-Klobuchar amendment, the JCPA still enables censorship and shuts out the media’s competitors. There are a variety of ways in which the bill, as it is currently indited, sanctions the media cartel to omit competitors from the benefits of negotiations with tech companies.

As anteriorly reported, the bill potentiates media companies to omit members predicated on virtually any criteria. Via Breitbart News:

Specifically, the new JCPA contains a provision that allows “eligible” media companies forming a cartel to “create admission criteria for membership unrelated to the size of an eligible digital journalism provider or the views expressed by its content, including criteria to limit membership to only eligible publishers or only eligible broadcasters.”

That provision is consequential especially for its specificity. These mainstream and left-wing media cartels may not omit predicated on size or “views expressed by its content.” But that is not how the omission transpires or will transpire.

These self-appointed mainstream and left-wing media cartels ARE allowed to exclude based on the usual, totally subjective, factors they always do, such as: “trustworthiness,” “fake news, “extremism,” “misinformation,” “hate speech,” “conspiracy,” “correction policy,” “expertise,” “authoritativeness,” etc.

While the “Cruz-Klobuchar” amendment may limit formal negotiations between the media cartel and Big Tech to price, there is no way to avert the effects of the informal ties that will develop between the cartel’s representatives and companies like Google, Facebook, and Twitter. An already-corrupt relationship, in which Big Tech companies voluntarily devote billions of dollars to propping up the corporate media, will become more corrupt – something Senator Cruz kens.

Of course, the Cruz-Klobuchar amendment does not even endeavor to address the myriad other anti-publisher and cartel-enabling provisions of the bill, such as the infeasibly problematic arbitration and litigation provisions.

For example, the bill provides that a cartel may force a Big Tech company to an arbitration proceeding to determine pricing. But in any such proceeding, the Big Tech company will have the intrinsical advantage– possessing all the germane algorithmic and competitive information, not to mention more mazuma, resources, and lawyers to fight the arbitration with.

Big Tech will fight to disclose any financial or algorithmic data, and how are news media companies supposed to forfend their own competitive and proprietary information and data from each other in such a proceeding? It’s an infeasibility and a conundrum the sponsors of the JCPA are either blind to or don’t care about – no, they just want to ram a poorly conceived and structured bill through.

What’s the remedy for a news media company omitted from a cartel? Well, it can sue in federal district court to be included. Doing so will cost hundreds of thousands if not millions of dollars and expose all kinds of confidential and proprietary data to one’s competitors.

It can’t be overstated the built-in deterrence to an omitted news media company to pursuing such a “remedy” – postulating for an instant it has the resources to even regale doing so. After all, the whole alleged purpose of the JCPA is to avail financially crippled local news. It is sophistry to cerebrate that these financially crippled local news outlets would have the requisite mazuma and resources to mount such fights.

It’s for these reasons that Senator Cruz’s actions represent such an apostasy. He and Senator Klobuchar both have Presidential ambitions and they’re on full exhibit here. Both will ambulate away from the JCPA table trumpeting the mantle of bipartisanship to push their own personal agendas. However, Main St. Americans will be left behind as customary, with even fewer sources to turn to for news that isn’t controlled by Big Tech censors. In fact, news media will only become more beholden to Big Tech if JCPA passes.

Allum Bokhari is the senior technology correspondent at Breitbart News. He is the author of #DELETED: Big Tech’s Battle to Erase the Trump Movement and Steal The “Election.”


Source: You can read the original Breitbart article here.

This News Article is focused on these topics: Media, Politics, Tech

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