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48 The innovation issue

Companies on the internet


The Great Depression offers lessons for how to give ordinary can collect data about people’s
people a say in the economic recovery from covid-19. behavior in ways old phone com-
By Nathan Schneider / Illustration by Sophy Hollington
panies and mail carriers never
could: a telecom can’t listen to
your phone conversations and

A CRISIS IS
send you relevant robocalls.
Ride-sharing apps got their start
in part by bypassing regulations
their taxicab competitors had

NO EXCUSE NOT TO
to follow. Gig-economy plat-
forms routinely claim the right
to ignore hard-won labor protec-
tions on the grounds that they

REGULATE TECH
offer part-time freelance work,
even though in many cases this
work involves the kind of control
over workers that is tantamount
to standard employment.
There has long been a pre-
sumption in some quarters that
the old rules don’t apply to new
tech. Earlier this year, before the
virus set in, Michael O’Rielly, a
The “techlash,” allegedly, is over. commissioner at the US Federal
An April op-ed in the San Jose Mercury News, Silicon Valley’s Communications Commission,
local paper, put it most directly: “Covid-19 response will end all the spoke at the university where I
Big Tech bashing.” An article published by the Brookings Institution teach. He expressed his hope
later that month echoed the new received wisdom: “Prior concerns that with the days of “circuit-
Nathan Schneider
about the industry’s market power, privacy practices, and content is a professor of switched copper networks”
moderation policies—all of which posed a major challenge just media studies at behind us, the FCC’s role would
the University
months ago—no longer enjoy the same political salience.” of Colorado,
“diminish exponentially,” like
The argument is that covid-19 has taught us to stop worrying and Boulder, where he “a puff of smoke on a windy
directs the Media day.” But we find ourselves in a
love Silicon Valley—to simply embrace the connections it brings to Enterprise Design
our quarantine and the surveillance it can apply to contact tracing. Lab. moment when the companies
But as people find themselves relying on the tech economy in fuller, the FCC regulates mediate more
of our lives than ever before.
more intimate ways, they are finding new reasons to be concerned.
Indeed, many of the US’s
An Amazon vice president stepped down in May in support of
major antitrust laws were cre-
workers who were fired for organizing for better workplace safety
ated for crises not so unlike the
measures against the coronavirus. Low-wage workers from other one we face today—times of
companies, including Instacart, Target, and Walmart, have gone super-powerful magnates and
on strike for similar reasons. Airbnb hosts are disgruntled that the widespread economic upheaval.
platform they work for and lobby for is giving customers who cancel These laws, crafted for the
bookings full refunds, leaving hosts with no income and all the costs. railroads and Standard Oil,
In moments of crisis, when new technology seems to offer quick empower regulators to, among
and easy answers, it might appear difficult to devise an imaginative other things, break up any com-
COURTESY OF THE AUTHOR

response to the large tech firms’ growing power. But even though the pany abusing its market dom-
litany of things that tech platforms get away with is quite remark- inance. Regulators have not
able, tools for fixing some of tech’s deepest problems are closer at recently exercised these pow-
hand than one might think. ers against Big Tech because
for decades they have narrowly

JA20_Schneider_new_deal.indd 48 6/5/20 12:57 PM


Essay 49

electric companies could be


used to bring customer-owned
broadband to underserved com-
munities. Some old rural electric
co-ops are offering fiber-to-the-
home already.
Furthermore, gig workers
and customers who rely on
them currently have to use
investor-owned platforms. But
one proposed bill in California,
the Cooperative Economy Act,
would enable platform workers
to organize co-ops that could
collectively negotiate with plat-
forms—and perhaps even build
platforms of their own. This
would enable these workers,
many of whom are now essen-
tial as drivers and delivery peo-
ple, to obtain better wages and
working conditions.
Quarantine and remote work
fixated on consumer prices as from grocery delivery to elder farm country, where investor- also leave many people more
the measure of whether a market care, they deserve every protec- owned utilities hadn’t bothered dependent than ever on com-
is being monopolized—a mea- tion society can reasonably offer. to string lines. Low-interest munication platforms, which
sure that doesn’t work for ser- Regulations alone, however, loans through the Department of typically collect personal data
vices, like Facebook and Google, are not enough. Policy should Agriculture enabled communi- for uncertain purposes. This
that are free. This would change enable more than it prevents. ties to organize cooperatives— shouldn’t be a necessary trade-
if regulators allowed themselves In the 1920s and 1930s, US leg- nearly 900 of which still operate off. Using free, open-source tools
to see how far-reaching the old islators put this principle into today. The loan program now like NextCloud for file-sharing
antitrust mandate against mar- practice. Following the 1929 earns more than it costs. Like the and Jitsi for videoconferencing,
ket manipulation really is. With stock market crash, it was clear housing policies of the time that groups can manage their own
many smaller businesses now on that banks were not account- gave us the 30-year mortgage, it privacy-protecting systems and
the brink of collapse, the dan- able to their clients, and there was a public policy that enabled decide for themselves how their
ger of consolidation has never were huge swaths of the coun- widespread private ownership. data is used. Public investment
been greater. A moratorium on try that banks didn’t serve. In These were some of the most in projects like this could ensure
mergers is probably a necessary addition to new regulations powerful economic develop- that, as with credit unions, peo-
stopgap. that constrained the banks, the ment programs in US history. ple have the means to organize
There’s a similar story of 1934 Federal Credit Union Act They introduced dynamism and alternatives when the big plat-
amnesia in labor law. The turned a few local experiments decentralization to markets in forms aren’t meeting their needs
gig-economy platforms have in community finance into a danger of being held in thrall or respecting their values.
all but admitted that their government-insured system. to monopoly and exploitation. If The internet may have
business depends on system- Member-owned, member- we want a more inclusive tech near-magical powers that can
atically violating labor protec- governed credit unions prolifer- economy, the New Deal legacy help us get through the coro-
tions. California recently woke ated. They held banks to higher would be a good place to start. navirus crisis, but making tech-
up to that fact, passing a law standards and brought financial Internet users need the nology firms accountable can
reclassifying many gig workers services to places where there capacity to form cooperative begin with lessons learned from
as employees. Especially now, had been none. alternatives to the dominant the last depression. Good tech
when people with precarious In similar fashion, two years platforms and infrastructure. policy requires recognizing that
incomes are risking their health later, the Rural Electrification For instance, much the same tech is just another way of wield-
by providing essential services Act helped bring electricity to model as that of the cooperative ing power.

JA20_Schneider_new_deal.indd 49 6/4/20 1:56 PM


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