WordPress: Gutenberg vs Calypso
WordPress is a somewhat popular text blogging platform. It is, in fact, the blogging platform where this blog is presently hosted. This post is intended to offer up some background history of WordPress and where WordPress is currently heading (hint: not in a good direction). Let’s explore.
Original Editor — Circa 2003
When WordPress.com launched in 2003, a very basic text editor was included with the interface. This text editor was the defacto editor for the WordPress platform until around 2015, when Calypso launched. This very basic text editor was not HTML aware nor did it in any way support any advanced HTML features. As a WordPress user, you had to use trial and error methods to determine if the editor itself and the underlying submission syntax checker would allow any specific inline HTML or CSS features to be published.
This basic editor also did not support or even render such basic styling features like the application of styles like underline, italics or bold or even changing fonts and sizes. If you wanted to use these features within your article, you were forced to use hypertext markup to “wrap” lines of text with such formatting styles. This made editing and re-editing articles a chore because the editor itself did not render this markup at all, which meant you had to stumble over all of the markup when reading your article back. If you wanted to see the article fully rendered including these styles and markups, you were forced to preview the article in your WordPress theme.
In other words, a few markup features worked, but many, many did not. If you included hypertext markup in your article, you also had to know how to craft hypertext markup properly. You were then forced to test if the markup that you included would be accepted by the platform. This made crafting hypertext markup complicated, slow and required a huge learning curve. The editor itself showed you the entire article, markup and all, which made reading an article using this editor a complete pain in the ass. Note that this editor still exists in the platform as of this writing, through the wp-admin interface. It’s also still just as clumsy, antiquated and problematic as it always was.
This 2003 editor fares even worse today after you’ve edited an article in 2018’s Gutenberg, where Gutenberg crafts its blocks using a massive number of really ugly HTML comment and statements. It’s impossible to read an article’s text in among Gutenberg’s prolific and ugly markup when viewing it in such a basic editor. 2015’s Calypso, on the other hand, has tried to keep its markup limited, which served an author much better if you had to dive into HTML for any specific reason. Sometimes simpler is better!
Enter Calypso — Circa 2015
Around 2015, WordPress introduced a new editor called Calypso. This new editor at least supported basic live text style rendering; rendering that now allows you to see underline, italic and bold formatted live in the editor itself while writing. In essence, Calypso offered writers a similar experience as when using a software word processing product like Microsoft Word. Calypso even supported keyboard hotkeys to set these styles, making writing much easier.
No longer are you required to trip over ugly HTML markup statements. Limited hypertext markup is further included and is often rendered by the Calypso editor. Such rendered markup includes embedding images, YouTube videos and other basic multimedia inclusions like image slideshows. No longer did you need to go documentation hunting for the right WordPress tags to get this information included. This means that if you drop a link to a YouTube video in, the editor is aware that it’s a YouTube video and might render the video itself inline in the editor. The Calypso editor also crafted whatever HTML markup was needed to get this multimedia rendered properly. Early in the life of Calypso, YouTube UI rendering didn’t occur. It wasn’t until a few later releases that it began to render the videos in the editor. Advanced CSS styling and features, however, were mostly beyond the Calypso editor, but it can be included in an article by selecting “Edit as HTML” and manually adding it, as long as the syntax parser allows the syntax through. This situation pretty much exists today even with Gutenberg.
For about a 3-4 year period, WordPress was on the right track with the Calypso editor, making enhancements and bringing it up to date each year. Calypso was then a somewhat simplistic HTML editor, yes, but it was leaps and bounds better than the original WP Admin editor that was introduced in 2003. As a blog author, you were still forced to preview every article to make sure that it formatted properly in your site’s theme. Calypso’s performance as an editor is still unmatched, even today. Calypso launched and was ready to use in under 3 seconds when beginning a new article. Impressive! Very, very impressive!
The entire Calypso editor, while writing, remained speedy and responsive. In other words, if you typed 200 words per minute, the editor could fully keep up with that typing pace. Calypso didn’t then (and still doesn’t now) offer spell or grammar checking or perhaps some of the advanced features that would come to future editors, but not much in the blogging world at that time did. Though, these features could have been added to Calypso. Instead, WordPress.org had other not-so-brilliant ideas and then Gutenberg happened.
Enter Gutenberg — Circa 2018
In 2018, Gutenberg launches and replaces Calypso within WordPress.com. However, because Calypso had been so entrenched in the platform due to its adoption and use over those ~3 years, the Gutenberg team was more or less forced to continue supporting Calypso inside of the Gutenberg editor. The way the Gutenberg team managed this was by encapsulating the Calypso editor into what would become known as Gutenberg’s “Classic Block”. The inclusion of this block type is solely designed for backward compatibility with Calypso crafted articles.
Let’s postulate an insane request if WordPress had requested this action of bloggers after Gutenberg’s introduction. What if WordPress had required perhaps thousands of bloggers to check every article ever written for compatibility after auto-upgrading every article to Gutenberg blocks? Gutenberg’s article upgrade system has never worked very well at all. WordPress clearly wasn’t this level of insane to require this of its bloggers.
Once you also understand the ineptitude of the Gutenberg development team and how Gutenberg actually works (or doesn’t), you’ll understand why this didn’t happen and why it was simpler to integrate Calypso into Gutenberg’s Classic Block instead of asking every blogger to ensure their converted articles are still properly formatted. Yeah, if WordPress had required this step, the WordPress.com platform would have died. Thus, Calypso compatibility was built.
Gutenberg’s Misguided Design and Philosophy
Gutenberg was touted as a mixed media extravaganza for blogging, except for one thing. WordPress is STILL intended to be a text blogging platform. It’s not YouTube, it’s not Snapchat, it’s not Twitter and it’s not TikTok. You don’t need this type or level of multimedia extravaganza in a text blogging editor for the vast majority of blog posts. It’s useless and it’s overkill. Yet, the Gutenberg team blazed onward with its incredibly misguided development idea.
The need to embed graphics, YouTube, TikTok and other mixed media within a blog post is self-limiting, simply by the sheer fact that WordPress is still designed to be a written blog article platform. Embedding such mixed media might encompass 1-5% of the total volume of an article, mainly used to support written talking points, not as a primary blogging mechanism. I’m not advocating not adding these multimedia features, but I’m also not advocating that these features become the primary reason to make a new blog editor either.
The Gutenberg development team ultimately spent an inordinate amount of time over-designing and over-coding what is now essentially a technical replacement for cut and paste; the entire block design that Gutenberg touts. Cut and paste already exists. We don’t need a new way of doing it. Honestly, a replacement for cut and paste really IS the entire claim to fame for Gutenberg’s block system. Effectively, the Gutenberg block system was designed for ease of moving the blocks around… or at least, so we’ve been led to believe. In reality, moving blocks around is an absolute chore when attempting to use the up and down arrow controls. As a technical replacement for cut and paste, Gutenberg is an abject failure.
Further, even though Gutenberg touts its ability to work with WordPress themes, that feature has never properly worked and Gutenberg is not and has never been WYSIWYG (what-you-see-is-what-you-get). You would think that even though Calypso was never intended to offer WYSIWYG rendering, implementing a brand new editor in WordPress would offer this very important feature to bloggers. If you thought that, you’d have thought wrong. With Gutenberg, you are still forced to preview articles using your site’s theme to see the exact placement of everything. Gutenberg’s supposed use of themes is so basic and rudimentary that placement of almost anything, like even an image, almost never works in the same way as the theme’s placement.
However, Gutenberg’s main and biggest problem today is STILL its performance. Honestly, it’s one of the worst performing text editors I have ever used. The 2003 editor still outperforms than Gutenberg by an order of magnitude. If you’re writing a one paragraph one block article, Gutenberg might be fine. When you’re writing a 5,000 word blog article broken into maybe 50 or more blocks, by the final Paragraph Block, the input performance is so bad that the small flashing letter cursor lags behind keyboard input as much as 5 words (maybe even more based on your speed of typing). If you’re a 200 WPM typist with an even 1% error rate, good luck writing an article in Gutenberg. This lagging issue MUST have been apparent to the developers… unless they’ve tested nothing, which appears to be the case.
Gutenberg has failed at almost every design case it has tried to achieve! Calypso still outperforms Gutenberg in almost every single way, even when embedded in the “Classic Block”. It’s the entire reason I exclusively write using the “Classic Block” in WordPress.
Gutenberg doesn’t enhance the blogging experience at all. Just opposite, in fact. Gutenberg gets in your way. It’s slow. It gets worse. The Paragraph Block is so bare bones basic that it can’t even perform a simple spell check, let alone provide grammar checking. Yet, its input performance is so ironically slow for being as basic as it is. Honestly, both WordPress.com and WordPress.org (authors of Gutenberg) are deluded if they think Gutenberg is the answer to blogging. Calypso as an editor was way more useful and powerful than Gutenberg has ever been. Yet, here we are… stuck with this dog slow dinosaur that was foisted onto us unsuspecting WordPress bloggers.
Within 3 months of its release, Calypso’s dev team reduced its launch time from 10 seconds down to less than 3 seconds. In the nearly 6 years since Gutenberg’s launch, almost nothing has improved with Gutenberg, least of all its solid 15 seconds launch timing. You’d think that in nearly 6 years, the Gutenberg team could have made Gutenberg perform better along side adding important blogging features, like spell and grammar checking. Again, you’d have thought wrong. Of course, by all means let’s add embedding of YouTube videos in a block. But no, let’s not add spell or grammar checking to the Paragraph Block to enhance the entire reason why WordPress exists… writing. Oh no, let’s not fix the editor crashing which forces bloggers to reload the entire editor page and lose work that, you know, helps bloggers do the thing they’re here to do… write! By all means, let’s not fix the lag that builds up after 10, 50 or 100 blocks that lags input down to unbearable levels that prevents bloggers from doing the one thing they’re here to do… write!
No, instead let’s build useless block system, that technical replacement for cut and paste, that only serves to get in the way of blogging, slow everything down and serves to make the entire editor unstable. How many loss crashes can a blogger endure before realizing the need to write in an offline editor? Once this happens, what use is Gutenberg to WordPress?
I don’t know what the Gutenberg team is spending their time doing, but they’re clearly not solving these actual real usability problems within Gutenberg, nor by extension, attempting to enhance and extend WordPress as a text based blogging platform for us writers.
Calypso Lives On
Because the Gutenberg team was forced to retain Calypso within the Classic Block type in Gutenberg, it is the one and only one saving grace and shining light in among the darkness that is now Gutenberg. Without the Calypso editor’s continued availability within Gutenberg, this platform would be dead. Calypso is the sole and single reason why I can still use WordPress to write this article right now. Were I to use the Paragraph Block as the Gutenberg team has intended, instead of being maybe 90% of the way through this writing article at this point, I’d be 10% finished… spending all of that extra time fighting with the major input cursor lag, the hassle of block management and the continual lockups of the editor. Yes, Gutenberg randomly locks up hard when using the Paragraph Blocks, forcing the writer to reload the entire browser tab (and possibly lose some writing effort in the process). Calypso in Gutenberg’s Classic Block retains all of its snap, performance and stability that it formerly had when it was WordPress’s default editor back in 2015. I don’t have to worry about that silly Gutenberg block performance issue.
To this day, I still don’t know why WordPress thinks Gutenberg is better than Calypso… other than for the fact that a bunch of misguided developers spent way too much time coding something that simply doesn’t work.
In the name of brevity, I’m leaving out a WHOLE LOT of Gutenberg problems here; problems that if I were describe each and every one, this article would easily reach 10k to 20k words. I’m avoiding writing all of that because it’s a diversion which doesn’t help make this article’s point. Suffice it to say that everything Calypso had built as an editor was rebuilt into Gutenberg almost rote. Almost nothing new was added to Gutenberg to take Gutenberg beyond Calypso’s features.
Surly Gutenberg Developers and WordPress staff
I should mention that I’ve attempted interacting with the Gutenberg development team, spending my own time submitting valid Gutenberg bug reports to their official bug reporting site… only to be summarily harangued by their developers. When someone treats me with such disrespect, I don’t bother… a fact that I told one of those disrespectful developers. Time is way too short to spend it screwing around with ungrateful, surly people. Unfortunately, this ungrateful surliness has also made its way into the ranks at WordPress.com, in their leadership team and even on down into the support team.
For example, I asked for a feature to be submitted allowing the WordPress user to be able to choose their preferred block upon Gutenberg launch. Instead of actually agreeing and submitting the feature request, I got an unnecessary explanation of why the Paragraph Block exists in the way that it does.
Here is this Support Team member’s quote:
The Paragraph block is the default block in the WordPress Gutenberg block editor because it caters to the most fundamental and common use case when creating content: writing and structuring text.
And yet, the Paragraph Block performs the worst of any block in Gutenberg. If the Paragraph Block is that important of a block to Gutenberg, so important that it needs to be set as the default launching block, then why do we need all of these other more or less useless mixed media blocks? More importantly than this, if the Paragraph Block holds that level of importance to Gutenberg, why doesn’t it just work? If Gutenberg is supposed to revolutionize the blogging industry with its “new” mixed media approach, why can’t we set our default launching block to be something other than the Paragraph Block? No, WordPress, you can’t have it both ways.
It’s actually quite difficult for me not to hold that developer’s (and, by extension, WordPress staff’s) bad attitude against Gutenberg’s lack of quality. I still don’t understand why a developer would continue to write (bad) code for a project when they’re that disenchanted with writing it? It’s also not that this user’s bad attitude stemmed from my single interaction. Bad attitudes almost always originate internally and extend onto customer interactions. People who are that disenchanted with the products they are supporting probably need to find better jobs where the management team actually cares about the products they sell.
Design Failure
WordPress is a text-based blogging platform. There is no disputing this fact. However, the Gutenberg editor along with the Gutenberg team seem to want to rework this fact by adding Gutenberg’s strange mixed media features. In addition to the technical replacement for cut and paste along side these mixed media inclusions, one feature noticeably missing from Gutenberg is enhancements to the Paragraph Block itself, features that if added would majorly help in making writing simpler, easier and faster; with writing being the whole point to why WordPress exists.
For example, Google’s Gmail email editor has, for many years now, included grammar and spell checking via inline popup helpers. These helpers aid writers in crafting more professionally written articles. While the Gutenberg team was spending its lion’s share of its time crafting a technical replacement for cut and paste (its entire block system), Google spent its time helping writers to, you know, actually write. Even other platforms like Medium have drastically improved its own editors by helping writers to write better.
To this day (nearly 6 years after Gutenberg’s launch), the Paragraph Block still doesn’t offer grammar or spell checking built-in. Instead, the Gutenberg editor throws all of that back to the browser to handle. While Firefox does have a rudimentary spell checker built-in, it does not offer grammar checking at all. After all, Firefox is a generic web browser, not a writer’s tool, unlike WordPress and Gutenberg which are intended to be writer’s tools.
Unfortunately, the dictionary included in Firefox is also exceedingly basic and is missing many valid words. This means that it is, once again, left to the writer to determine if the red underline showing under a word is valid. Firefox does offer replacement suggestions, but only if you choose to right-click on the word, requiring active writer interaction. Once again, Firefox is not intended to be a writer’s tool, but WordPress and Gutenberg are! Yet, both WordPress and Gutenberg refuse to build the necessary tools to help writers write better. Instead, they offers us the questionable mix-media extravaganza editor with a poor technical replacement for cut and paste; an editor that isn’t even properly supported or managed and is broken more often that it works.
If Gutenberg is what we writers and bloggers get to look forward to for the next 6 years at WordPress, perhaps it’s time move to a different blogging platform. WordPress, word up!
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Did Elizabeth Holmes get the correct sentence?
As we should already know, now-disgraced and convicted CEO Elizabeth Holmes operated Theranos. Theranos was to offer the world a fantastical new way of testing people’s health concerns for all manner of blood diagnostics all with the tiniest drop of blood. It’s fantastical because Elizabeth Holmes’s Theranos was never able to make this testing technology actually work (the entire basis for the fraud). Ms. Holmes has now been convicted of wire fraud and defrauding investors, a federal crime. More than this, Ms. Holmes has now been sentenced to serve 11 years in a federal prison.
NBC News Opinion
One NBC opinion piece, written by a former federal prosecutor and current attorney, Andrey Spektor, contends that Elizabeth Holmes’s 11 year sentence is too harsh. This author does not agree. Why? Because of the nature of and, more importantly, the real dangers posed by the device she failed to create.
Andrey’s contention is:
But that calculation was the least important component of determining Holmes’ sentence because the judge ultimately disagreed with the probation estimate and, anyway, no rational judge would have sentenced her to anything approaching life in prison. Among other things, she is a first-time, nonviolent offender whose crime did not lead to anyone’s death.
I contend that this highlighted statement is, at best, inaccurate and is, at its worst, false. There may actually have been illness and death as a result of Theranos’s deception, when the Theranos “Edison miniLab” machine (pictured), did not work as purported and likely impacted medical treatments needed (or weren’t needed, as the case may be) for medical patients. For Andrey to contend that no one died (or by extension, weren’t injured or hurt), that’s incredibly wrong thinking.
Ms. Holmes’s deception impacted many people’s health; health which relied on accurate testing results from Theranos’s Edison miniLab machine. Without accurate testing results, the wrong medications could have been prescribed, the wrong treatment plans could be implemented, up to and including not prescribing medications which could save people’s lives… or indeed the opposite may have occurred; the wrong prescription may have been prescribed causing injury or potentially death. Claiming her fraudulent testing equipment couldn’t cause harm is fallacious and disingenuous. Worse, according to the whistleblowers, Ms. Holmes knew that her miniLab testing equipment didn’t work!
Dangers to Society
The fact that the Edison’s machine’s deception was “caught early” is of no consolation to those who received inaccurate test results from Theranos’s intentional equipment deception. In other words, you can’t just play “god” with people’s lives and health and expect to get away with it.
To claim that her defrauding and misleading and intentional deception about her alleged testing methodology, which clearly did not work properly (or at all), didn’t impact people’s health and lives is insulting to those who could have lost their lives to Theranos’s medical fraud. Even still, some still could lose their lives early because of Theranos.
That the fraud was caught early because of two conscientious whistleblowers within Theranos employee ranks is more a testament to those two individual’s forthright and upstanding conscience than of Elizabeth Holmes coming clean about the dangers the Theranos Edison ultimately posed to society. Elizabeth Holmes would likely have continued to play this dangerous game if those two whistleblowers hadn’t come forward. It wasn’t Elizabeth Holmes who “came clean” on the wrongness of her equipment. It was those two Theranos whistleblowers who put their careers in jeopardy to save the lives of others.
11 Year Sentence
For all of these reasons above, I vehemently disagree with Andrey Spektor’s opinion. Elizabeth Holmes’s 11 year sentence is not at all inappropriate or too long. In fact, I’d say her sentence was downright lenient considering the danger she, Theranos and her fraudulent testing equipment posed to society as a whole. If her equipment’s fraud had not been found early, we could have gone perhaps a year or two or longer without knowing how many people might have been misdiagnosed, given the wrong medical treatments or, indeed, given no treatments at all for preventable, but fatal illnesses if left untreated. In short, Elizabeth Holmes (and her fake testing equipment) was (and is) a danger to society.
I contend that 11 years is way too lenient for that level of danger and risk that she and Theranos posed to the world. She doesn’t deserve leniency for having committed this level of medical malfeasance against the public at large. While one can try and argue that the trial wasn’t about her medical malfeasance specifically, the fraud fully stemmed from that malfeasance. Thus, any malfeasance must be considered as part of the sentencing. It can’t be “distanced” or “separated” as though it didn’t exist. That malfeasance was the entire reason Elizabeth Holmes’s machine was found to have caused the defrauding of investors. Eye on the ball, people.
While a trial for the affected patients was not allowed to move forward, that doesn’t preclude the absolute sheer negligence and willful malfeasance Holmes performed against an unsuspecting public. Elizabeth Holmes knew her machine didn’t work. Yet she STILL went ahead with placing it into Walgreens knowing its problems. That’s not innocent happenstance; that’s willful malfeasance and, at worst, malevolence. Conscientious people don’t put other people in harm’s way intentionally. Elizabeth Holmes put people in harm’s way. One might want to call that blind ambition. Call it what you will. Blind ambition can still result in someone doing the wrong things for the wrong reasons, even knowing that the outcome might cause harm to others. That can’t be dismissed with an 18 month sentence (as Ms. Holmes has requested), a mere slap on the wrist.
No, the 11 year sentence by federal sentencing Judge Edward Davilla was definitely of a sufficient length as to give her pause AND send her a solid message for what Theranos and she had done to the public… even if not specifically stated by judge Davilla; this judge knew the stakes.
Babies as Shields?
One thing Elizabeth Holmes appears to also be shrewd at is trying to get out of her 11 year sentence. She’s now attempting this by getting pregnant. There’s absolutely nothing wrong with starting a family… but on the heels of beginning an 11 year federal criminal sentence? I get that her biological clock is ticking, but it primarily says she’s using an infant as a shield. That’s not a good look and it fully supports the above malfeasance. She’s putting her baby in harm’s way to protect herself from going to prison, or at least so she hopes. It’s a crude and crass way to begin prison… and it leaves her kids in the lurch without a parent for 11 years.
She knew she had been convicted, yet she chose to get pregnant anyway? A judge should have held her in contempt of court over that. When Holmes’s first child was born, her trial had not yet begun. Thus, there was no way to know which way her trial might go. Her second child, however, is simply being used as a pawn against incarceration. That’s both a nasty and very vile reason to have a child. It doesn’t show compassion for the child, it shows self-preservation by Holmes. It’s an incredibly uncaring and self-centered tactic, especially for a baby that’s now caught in her manipulative crossfire. As I said, distasteful.
She’s now delivered her second child, but it’s almost certain she’s working hard to conceive a third as yet another shield. Enough’s enough here. If she pops up pregnant again, cite her for contempt of court, let her carry that child to term in prison and give birth to that child behind bars. The sentence was issued and it must be carried out. Having a baby shouldn’t become a “get out of jail free” card… not for her, not for anyone. Worse, babies should never be used as incarceration blockers.
Judges should make it perfectly clear to any convicted felon who decides to conceive a baby after conviction means possible contempt of court and that neither the pregnancy nor the birth will stop the incarceration from occurring. Playing these games with the court should always mean contempt of court and possible longer incarceration time.
Did Elizabeth Holmes get the correct sentence?
No, but not for the reasons Andrey Spektor proposed. In fact, Ms. Holmes got a far more lenient sentence than she should have been given considering the real medical dangers both she and her testing machine imposed on society. Ms. Holmes should count herself lucky at receiving only 11 years. Let’s hope that when she gets out of prison, she doesn’t try to start yet another dangerous “medical testing” company.
As for those 11 years Ms. Holmes faces? This amount of incarceration also sends a clear message to other would-be CEOs not to play with people’s lives using untested medical technologies in the goal of gaining personal fame, wealth or for any other reason.
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Is the Demise of Twitter imminent?
With Elon Musk’s $44 billion hostile takeover of Twitter now closed, it’s clear that Musk is way out of his depth operating this social media platform and with that inexperience, this platform is very likely to die. Note, this is an unfolding story. Please check back for new updates to this article over Twitter’s latest blunders. Let’s explore.
Twitter as a Microblogging Platform
The rise of Jack Dorsey’s Twitter was rather unexpected considering its severe limits, such as its initial 140 character limit which was later doubled to 280 characters. Small messages are akin to SMS messages and I suppose that’s why so many people readily adopted this character limit.
Twitter has gained a lot of “people”, but unfortunately has also gained a lot of “bots”… which at this moment appear to far outnumber actual live people.
Blogging platforms, like WordPress.com on which this article is hosted, allows users to mostly say whatever they like. However, saying things isn’t without problems. Sure, free speech is important on blogging platforms, but what can be said isn’t without bounds. There are, in fact, TOS limits that prevent certain types of speech. For example, there are rules against hate speech, perpetuation of misinformation and disinformation and there are even laws against certain types of speech like “fighting words” and “defamation”. Free speech most definitely has its limits. Free speech is also not without consequences.
Freedom of speech is not truly “free” in the sense that you are free to say whatever pops into your head. You do have to consider the ramifications of what you say to those around you. One classic example is yelling, “Fire” in a crowded theater. That’s a form of trolling. It is most definitely not protected speech and could see the perpetrator fined and/or jailed for performing such reckless activities. Yes, freedom of speech has limits.
Those limits can be defined both by laws and by Terms of Service agreements. If you sign up for a service, you must read the Terms of Service and Acceptable Use Policies carefully to determine where the boundaries begin and end. Running afoul of Terms of Service rules can see your account restricted, suspended, banned or deleted. Such suspensions and bans can be limited to a few days or the action could be permanent. It might even see your account removed from the platform depending on the egregiousness of the action.
Suffice it to say that Free Speech, as I reiterate again, has limits and boundaries. You are not allowed to say whatever you want when using private company services. Other violating examples include such speech as death threats, threats of self-harm or of harm to other people, bullying, harassing others, inciting people into violence, stalking others or any other activities which are considered illegal or condone violence upon others.
Freedom of Speech
Many people hold up the first amendment as though it’s some sort of shield when using platforms like Facebook, Twitter or YouTube. The First Amendment is not a shield! Let’s examine the text of the First Amendment to better understand where and how it applies:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Let’s break it down. “Congress shall make no law” firmly states that the limits of the First Amendment are strictly on the Congress and, by that same extension, all Government entities. The Constitution strictly governs how the U.S. Government operates. It does not cover protection of speech for private businesses at all. Thus, the text of this amendment does not apply to how Facebook, Twitter or any other social media site operates unless that service is wholly or partially owned by the Government. How the First Amendment applies is by preventing Government workers, including any branch of the government, from abridging speech either written (press) or verbal (protests).
For example, using sites operated by the U.S. Government, such as the FTC’s call for comments area, the First Amendment fully applies. If you say something that may become publicly visible on such Government web sites, your speech is protected by the First Amendment. However, if you say something on Twitter, a site not owned or operated by the U.S. Government (or any government), your speech is not protected by the First Amendment, but instead is governed by Twitter’s Terms of Service agreement and/or any other associated agreement(s).
Too many people believe that First Amendment free speech rights apply to private enterprise, but it does not. While most speech is allowed on these platforms, some speech forms are not and those that are not are clearly written into the Terms and Conditions to which you must agree by opening an account.
For example, Twitter only allows impersonation of accounts as parody when the parody accounts are clearly labeled in specific ways. This Twitter rule restricts your freedom of speech in very specific ways. Meaning, you are not allowed to impersonate an account in a way that makes it appear as if you are genuinely the person you are attempting to impersonate. If you don’t label your account according to Twitter’s rules, your account is considered in violation and will be disciplined accordingly.
The First Amendment doesn’t restrict this type of impersonation activity, however. Other state or local laws might restrict such impersonation activities, but the First Amendment does not. However, Twitter does restrict this activity via its rules to which you must agree as part of using its services. There are other such activities which are also considered in violation of Twitter’s rules which can also become apparent after you violate them.
In other words, Free Speech on Twitter is firmly at the whims and rules of those who operate Twitter… rules that can be changed at a moment’s notice.
Twitter as a Viable Platform
Prior to Elon Musk’s takeover, Jack Dorsey (and his successor team) operated the platform in a way that many political pundits believed to be unfair to certain parts of the political spectrum. Politics are generally divisive. After all, there are two parties and each party believes they are superior to the other. I won’t get into who’s right or who’s wrong politically, but suffice it to say that the rules must apply to political activists in the same way as any other person using the platform.
Unfortunately, Musk is now seeking to shield political activists from Twitter’s rules. Instead, choosing to not hold any political activists accountable to Twitter’s established rules.
For example, Musk has recently chosen to reinstate Donald Trump’s account to Twitter. Donald Trump intentionally and willfully violated Twitter’s rules in the past. Yet, because Musk now owns Twitter, he has forgiven Donald Trump those past transgressions and has reinstated his account. This is a very clear example of how Musk chooses to break Twitter’s own rules at Musk’s own whim.
“Rules are made to be Broken”
This is an old saying, but it’s one that has no place in Social Media. If rules only govern some people, but not others, then there can be no ethics or justice. Rules must apply to all or they apply to none. Selective rule application is the basis for no rules at all. That’s how law works. If law enforcement fails to enforce laws on some criminals, then laws mean nothing. Likewise, if rule breakers can get away with breaking rules, then rules mean nothing.
Twitter has firmly moved into ethically questionable territory. If Musk thinks that selective application of rules to some people, but not others, is a recipe for success, then Twitter is truly no platform anyone should be using. It’s part of the reason I am no longer using Twitter. I have walked away from the platform and will not return. Here’s another example of Musk applying selective rules.
Musk’s Selective Rules and Instant Rule Changes
With Kathy Griffin’s suspension, Musk has made it clear that Musk makes the rules and no one else. This means that if someone does something that Musk doesn’t like, he’ll instantly rewrite the rules to satisfy his own whims. That’s actually called a moving target. Any user who ends up rubbing Musk the wrong way might end up with a suspension simply because Musk decides he doesn’t like whatever it was and he’ll then rewrite the rules instantly to make that activity against Twitter’s terms.
He did that with Kathy Griffin. She parodied Musk in a way that Musk didn’t like, then Musk retaliated by strictly applying Twitter’s terms, but more than this, he also rewrote Twitter’s rules by not giving her the 3 required warnings. Instead, he gave her zero warnings and instant suspension. Twitter’s rules about warnings are clear. You’re supposed to get at least 1 warning in advance of suspension. Kathy Griffin didn’t get that. She got the boot from Musk without any warnings at all.
Again, that’s a moving target. If you don’t know what the full rules are, you can’t abide by them. Sure, Kathy should have read the terms of impersonation more closely to prevent even getting warned. However, Musk should have read Twitter’s terms and upheld those rules by warning her before suspension, not change the rules on a whim. Both Musk and Griffin are guilty of not following the rules.
For Twitter users, it means Musk can instantly rewrite Twitter’s rules without warning and then suddenly a user is in violation. That’s no way to run a site. The rules are written in advance so we all understand them and have a fair chance at abiding by them. Instant changes mean there’s no way to comply with randomly changing rules simply because you can’t know what they are or what they could become if Musk gets triggered.
App Store and Twitter about to Square Off
[Update 11/25/2022] Twitter’s new “freer speech” rules combined with its lack of enough staff to manage the deluge of hate speech on Twitter is leading Twitter down many wrong paths. In addition, Elon Musk is also complaining about losing between 15% to 30% of its $8/mo subscription fees to Apple and Google when purchased in-app.
Because Apple is also now investigating Twitter’s latest “freer speech” maneuvers, Twitter is poised to potentially lose its app listing in the Apple Store over Twitter’s own inability to abide by its App Store agreements with Apple. Apple is already investigating if this is the case now. If Apple shuts Twitter out of the app store, Google is likely to follow suit for similar reasons. That leaves Twitter with no new users. Existing Twitter app owners can continue to use the Twitter app, but new users will be shut out. That means new users will be forced to use a browser to consume Twitter.
An app store removal is an even bigger blow to Twitter than the mere loss of 15-30% to Apple’s and Google’s in-app purchase fees. Elon Musk is playing with fire by not honoring its own Terms of Service agreements against both previous and current violators, a fact that could lead to an app store removal. Instead, Twitter is also giving former violating accounts “amnesty” allowing them to be reinstated. App store agreements require that apps providing services must adhere to Apple’s app store has rules against apps which don’t properly handle hate speech and other objectionable content.
With Twitter’s more lax rules around objectionable content and reduced “freer speech” filtering, Twitter is very likely now in violation of Apple’s developer rules. Such an app store removal would have a devastating effect on Twitter’s bottom line, especially after advertisers have begun abandoning the platform. When even Apple staffers are abandoning Twitter, that doesn’t say good things for Twitter’s longevity:
Over the weekend, Phil Schiller, the former head Apple marketing executive who still oversees the App Store, apparently deleted his widely-followed Twitter account with hundreds of thousands of followers. —cnbc.com
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Twitter’s Demise
In addition to all of the above, Musk has saddled Twitter with mountains of debt numbered in the billions of dollars. Some people speculate that it’s $13 billion because that’s what banks have issued Musk in loans. However, that doesn’t take into account the “investors” who Musk didn’t pay out or private investor loans from people who aren’t banks. Twitter’s debt is likely well higher than $13 billion, it’s just that $13 billion is what we can visibly see. Since Twitter is now private, Musk is not obligated to report anything to anyone about the Twitter’s total debt burden or any of its other finances.
One thing is certain, Twitter (and by extension, Musk) was required to pay out all shareholders to take Twitter private. That payout delisted Twitter’s stock and made Twitter a private company. If Twitter was in debt at around $1 billion prior to the takeover, Twitter is likely carrying at least 20-30x more debt now. If Twitter couldn’t make ends meet prior to Twitter’s takeover, there’s absolutely no way Twitter has any hope of doing that under Musk’s “leadership” (and I use this term quite loosely).
When attempting to reduce expenses in any company rapidly, there are only so many places to begin. The first place is in staffing. Staff reduction is low hanging fruit and it’s relatively easy to let staff go to stop at least that cash hemorrhaging quickly. It’s also the first place where Musk chose to begin. Nine days after taking over Twitter, Musk let half of Twitter’s staff go. But that’s not where the staff changes end. That’s just the beginning. In amongst Musk’s crass jokes and public displays about these staff reductions on Twitter, Musk continues to reduce staff every single day. There’s no way to know when Musk will be satisfied with the staff reductions. In fact, he could eliminate every single staffer and still not reduce expenses enough to keep Twitter from running out of money.
Other places to reduce after the above low hanging fruit include real estate (i.e., leases), employee perks and travel expenses.
Employee Perks
Musk has also taken aim at employee perks. Musk has claimed that it cost Twitter upward of $400 to feed each employee per day at the Twitter’s onsite employee cafeteria. While that claim is bold, it’s not really backed up with actual information. Though, Musk has claimed that less than 10% of the company participates in that free food program. If that’s true, then…
My assumption is that the cafeteria continues to buy enough food to feed an overly large lunch crowd every day, yet much of that food goes to waste as employees don’t show up. That’s really a food expense and food prediction problem.
If you want to operate a cafeteria, you have to buy enough food to handle future crowds. You can’t buy only enough food to handle 10% of the employees because then you’ll run out of food when 20% of the employees show up. The first option for this free food perk is to shut it down. If you don’t want to pay for the food expenses of a cafeteria, then you don’t run a cafeteria or you run it more intelligently.
For an example of a more intelligently run cafeteria, the cafeteria could publish its menu a week in advance. Employees who wish to order a meal for any given day submit their orders early. The orders would be accepted up to two days before to prevent people ordering a week’s worth of food in advance, but never show up to eat it. They also can’t order the “day of” because a cafeteria can’t operate that way without over ordering. This then allows the cafeteria to know a few days in advance how much food to order to handle that day’s lunch orders. This limits the food order costs to only those who order meals and only to the amount foods needed to create those ordered meals.
The cafeteria could add on a limited number of extra meals beyond those that were ordered to handle a limited number of walk-ins as well as replacement meals, just in case.
Alternatively, Twitter could contract with a meal provider like Eat Club, which essentially does the same as what I describe above. You order your meal up to a couple of days in advance. This allows Eat Club to only need food enough to cover the meals ordered. It also means that Musk doesn’t need to operate a cafeteria at all, removing food costs and all cafeteria staff.
Beyond smartening up food costs of a cafeteria, other perks may also be targeted for removal, such as child care, reimbursement of certain types of expenses and other employee benefits which are costly. The public may never know about the other perks that get eliminated unless Musk states them publicly or employees speak up, but that’s unlikely because Musk has likely required an NDA for all employees.
Moving Twitter’s HQ
To reduce yet more expenses, the next place for a CEO to look is to expensive office leases. Twitter operates in one of the most expensive real estate markets in the nation, San Francisco, California. Worse, Twitter operates in San Francisco city proper. While San Francisco has, at least in the past, been amenable to offering tax incentives and subsidies to companies willing to remain in San Francisco, there’s no way to know if Twitter benefits from those.
Unfortunately, San Francisco does not extend those tax breaks and incentives to individuals who work in the city. San Francisco is one of THE most expensive places in the nation to live and work. That’s why so many people commute into San Francisco rather than actually living there… that and the crime rate in SF is astonishing. If you work in San Francisco and commute there, expect to spend at least $340 per month simply for a parking space every day. And no, most companies operating in San Francisco won’t pay parking expenses for employees. That’s simply a pay cut you deal with when working at San Francisco companies. The same lack of reimbursement goes for gas expenses or choosing to ride BART or Caltrain every day.
What this expensive lease means for Twitter staffers is that eventually Musk is likely to move Twitter’s HQ to Texas along side Tesla’s HQ. That means that staffers will eventually be forced make the decision to move to Texas or find a different job in California. This mandate has not yet come down from Musk, but looking ahead to the future, this is very likely Musk’s trajectory. That all assumes Twitter doesn’t fail long before a move.
Bankruptcy
Twitter may not quite yet be on the verge of bankruptcy, but only because Musk apparently still seems to have some liquid cash stashed somewhere to pay Twitter’s bills. He may even be using some of his own personal cash to prop Twitter up at this point. Considering that many advertisers have left Twitter, which is made worse because the previous management team failed to secure pre-buys for advertising in 2023, Twitter is about to come into a cash crunch very soon. No advertisers means no ad revenue. For this reason, Musk has his hands tied trying to keep Twitter from running out of cash. Hence, Musk’s $8/mo plan to try and keep Twitter afloat. If Twitter runs out of cash, it’s all over.
There are very likely no banks willing to extend Twitter yet more loans amid the billions that Twitter has already leveraged in Musk’s ill advised buyout. Musk knows this. That’s throwing good money after bad.
Once Twitter’s liquid cash runs out, there’s no way to pay the server bills or staff or electric bills or any other bills. Considering how drastically and rapidly Musk is cutting, Twitter’s cash flow situation must be relatively dire.
What that all means is that Twitter is very likely just weeks away from bankruptcy, which is dependent on Twitter’s cash burn rate. As I said above, Musk may be dipping into his own personal wallet to fund Twitter at this point. If so, it’s understandable why Musk is cutting so deeply and so rapidly. Who wants to prop up millions in cash burn every day? Musk is wealthy, but that’s not a smart way to use (or rather, lose) money.
[UPDATE] It looks increasingly likely that Twitter will need to file bankruptcy. This New York Times article explains that some of Twitter’s bills are now going unpaid. That’s the first step toward not being able to pay any bills.
But once Mr. Musk took over the company, he refused to reimburse travel vendors for those bills, current and former Twitter employees said. Mr. Musk’s staff said the services were authorized by the company’s former management and not by him. His staff have since avoided the calls of the travel vendors, the people said….
Twitter’s spending has dropped, but the moves have spurred complaints from insiders — as well as from some vendors who are owed millions of dollars in back payments. —New York Times
Yeah, this is a bad sign. If vendors are now going unpaid, that indicates lawsuits from just about every angle are imminent against Twitter. It’s also a matter of time before Musk stops paying other critical bills.
Check Mark for $8/mo
One additional thing that Musk has banked on to increase revenues over Twitter’s loss of advertising revenue is to charge users $8/mo for Twitter. Not only was Twitter free to use in the past, the compensation for using Twitter was Twitter’s free access to the IP content generated by its users.
Instead, Musk has forgotten and ignored that gentleman’s agreement between Twitter users and Twitter, instead choosing to try to make money off the backs of its content creators. That would be tantamount to YouTube charging its content creators monthly for the privilege of creating content for YouTube. It’s a ridiculous ask.
The Check Mark verification system originally instituted by Twitter was intended to prove that those with a check mark are who they say they are. Unfortunately, by reducing this feature to an $8/mo plan and because more than half of Twitter employees have been sacked, there’s effectively no one left at Twitter who can actually verify someone who buys the $8/mo plan.
That fact was born out when Musk released the not-ready-for-primetime feature to the public before it was ready, let alone tested. A bunch of bad actors all paid $8 and then began impersonating nearly every celebrity that you could possibly think of. This then forced Musk to halt the program, but not before much damage had been done to the platform and the reputation of the “new” Check Mark program.
Musk was forced to shut down the subscription plan in an attempt to revamp it. So far, the fixed plan has not been released. Those who purchased and who played games were left holding the bag when they were unable to change their usernames back. Irony shines hard on bad actors for being bad actors. Anyway, Musk is a loose cannon and this is clear example of that. Musk was so desperate to make revenue, he was willing to release an unfinished feature that was easily gamed by the bad actors on Twitter.
Worse, it has brought even more bad actors to the platform and those are now beginning their own tirades. Yet, Twitter is now so understaffed and because the bad actors know this, they are running rampant all over the platform harassing, trolling, spewing hate speech and there’s no one there watching or enforcing. Twitter is literally a cesspool. If we thought Twitter was bad under Dorsey, it’s 1000 times worse under Musk… and Musk literally doesn’t care.
Above all of this, Musk plans to prioritize tweets for those who pay and de-prioritize tweets for those who don’t. Meaning, if you pay, you get placement and visibility. If you don’t, your tweets don’t get seen. More than this, Musk even admitted to hiding tweets that he doesn’t like. I’ve even seen this behavior. Hidden tweets are not new. Thread creators can hide tweets of those they don’t like. This goes one step beyond hidden tweets. This allows Twitter to hide tweets silently. No one knows tweets have been hidden unless you go check. Even then, you can’t know it’s been hidden unless you see certain behaviors within Twitter’s UI. Your tweet could be visible one moment and invisible the next, with no notification.
This behavior goes way beyond benign and lands well into nefarious territory. There is zero difference between suspending people over bad tweets and hiding people’s tweets from view without warning or notification. They’re both forms of oppression and speech suppression by an overly wealthy man-boy who simply becomes triggered too easily. This cliché comes to mind, “Out of the frying pan and into the fire!” Which leads to…
The Rise of Oligarchy in Journalism
Make no mistake, even 280 characters is considered a form of journalism. However, because users aren’t journalists, they aren’t bound by journalistic ethics. Meaning, bad actors believe they can say anything they wish, sometimes even doing so willfully to test the boundaries for how far they can take their speech.
Regardless, wealthy individuals are beginning to buy up these large platforms for their own egocentric interests. For example, Rupert Murdoch purchased Fox News (and other similar news outfits) to push his own personal political agendas. Later, after Warner Brothers Discovery purchased CNN, we’ve come to find that billionaire John Malone is a large stakeholder in this new CNN acquired outfit. The latest, of course, is billionaire Elon Musk who has now purchased Twitter, yet another more or less news outfit. Even Facebook’s Mark Zuckerberg has his own biases which get injected into Facebook’s operation… and yes, Zuckerberg is also considered a media influencing oligarch.
Oligarchy is now firmly entrenched in our media sources in ways that are not amenable to providing unbiased news sources. With Fox News’ right leaning bent at the hand of Rupert Murdoch and now CNN’s more-or-less right leaning bent with John Malone and Musk’s somewhat right leaning bent with Twitter, more and more news organizations are becoming right wing news sources because of these right wing billionaires.
Yet, the government is doing nothing to halt or stymie this harm to consumers. Overall, right wing propaganda is getting more and more intense, with these right wing news organizations spewing false propaganda claiming it is the left who is doing the damage? It’s not left wing billionaires buying up news sources. Note, there is another blog article here yet to be written which is born out of this section, look for it soon.
I’m not saying that left wing or right wing political slants are at all good business for media. However, it appears that the vast majority of false disinformation is coming from right wing media. False information that is perpetrated as truth, particularly about left wing politics.
I’m not here to get into who’s right and who’s wrong. I’m simply disclosing that the political discourse in many media platforms are now being swayed by right wing billionaires. This is to the loss of professional unbiased journalism. It will have to fall to small blog article sites, like WordPress, that are independently run not by right or left wing billionaires where news can be had in unbiased ways. That assumes that right wing billionaires don’t buy up these blogging sites, too. Unfortunately, too many people are willing to listen to these biased news organizations thinking they are both unbiased and purport truth when, in fact, they do neither the vast majority of the time.
Alternative Platforms
While there isn’t a clear winner for a Twitter replacement, some are in the works while others are trying. For example, both Tribel and Mastodon are giving it a good college try and likely have seen an influx of traffic since Twitter’s wobbly last few weeks.
One might also consider Truth Social were it not simply a playground for Donald Trump’s exceedingly fragile ego. If you go over to Truth Social, expect to be barraged by ads. Also, don’t expect to be able to say anything negative about Trump or any of his sycophants or you’ll be banned. Freedom of speech is most definitely not alive and well at Truth Social.
As for Tribel and Mastodon, read their terms and conditions closely before opening an account. Tribel, for example, requires you to agree to hand over all rights to any Intellectual Property (IP) that you upload into Tribel. You forfeit all rights for anything you submit to Tribel. Twitter’s terms allow you to retain ownership, but give Twitter rights to use it. However, with Musk’s haphazard behavior, anything is now possible. I simply can’t trust that Twitter is a safe space any longer.
One possibility is waiting for Jack Dorsey’s BlueSky social which is based on a decentralized system like Mastodon. However, there’s no way to know if Dorsey’s BlueSky will become the defacto Social Media site like Twitter was. However, it may be worth waiting for BlueSky to see if it can become a sufficient replacement for Twitter.
For now, there’s no real leader in social media… unless you trust Facebook and its ilk completely (i.e., Instagram and WhatsApp), which I personally do not. Facebook, or more specifically Meta, has proven itself time and again to be a completely untrustworthy organization. And now, Twitter has fallen into this same trap of being entirely untrustworthy.
Overall
Twitter is a train wreck unfolding right before our eyes. Musk says he wants Twitter to succeed, but his actions say the opposite. From his lackadaisical application of Terms and Conditions to random suspensions to sacking half of Twitter’s staff without understanding that there’s no one there to moderate the platform.
Because of all of these factors, Twitter has effectively become a free for all for bad actors. By ‘Bad Actors’, I mean people who are intent on causing mischief, trolling, attacking people and being general nuisances all without any supervision. In effect, the crazies are running the show at Twitter and Musk clearly doesn’t care.
Unfortunately, I don’t have the hours needed to spend babysitting Twitter trolls. Prior to Musk, at least 50% of the time you could have civilized discourse between various people. Now, there’s almost no one willing or able to have civilized discourse on Twitter, instead choosing to attack, troll or vomit random memes in hopes of solely getting a rise out of someone… simply to pick a fight.
I don’t have time to become a babysitter for Twitter babies. That’s Twitter’s job, not mine… and Twitter is not doing it. Twitter doesn’t pay me to do that work, yet I’m expected to deal with it? No.
As long as Twitter can’t get their shit together, I’m out. I simply can’t spend hours babysitting a Twitter account to continually mute, block and report thousands of users for inappropriate behavior. I don’t even want to think about what celebrities are going through right now with perhaps tens of thousands or millions of followers. Twitter is simply a disaster.
One thing is certain, there will be a dedicated chapter written over “How not to run a business” in business school textbooks for Musk’s incredibly shitty handling of Twitter.
Once Twitter folds, the best thing I can say about it is, “Good riddance to bad rubbish.” I’ll also say that, for the record, it does appear that Twitter is on the brink of collapse. Clearly, Musk didn’t perform his fiduciary responsibility to ensure Twitter’s books were solid before making an offer to purchase. Instead, he harped only on the excessive number of bots on the platform. If Twitter was in this dire of a financial situation prior to the purchase, that should have been enough for Musk to squash the purchase contract. Who agrees to buy a financially insolvent company?
Musk, if you’re reading… .
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Elizabeth Holmes: Why aren’t more CEOs in prison?
On the heels of Elizabeth Holmes’s conviction for four counts of fraud, the question begs… Why aren’t more startup CEOs in prison for fraud? Before we get into the answer, let’s explore a little about Elizabeth Holmes.
Theranos
Theranos was a technological biomedical startup, not unlike so many tech startup companies before it. Like many startups, Theranos began based out of Palo Alto, California… what some might consider the heart of Silicon Valley. Most startups that begin their life in or around Palo Alto seem able to rope in a lot of tech investors and tech money. Theranos was no different.
Let’s step back to understand who was at the helm of Theranos before we get into what technology this startup purported to offer the world. Theranos was helmed by none other than Elizabeth Holmes. Holmes founded Theranos in 2003 at the age of 19, after she had dropped out of Stanford University. In 2002 prior to founding Theranos, Elizabeth Holmes was an engineering student studying chemical engineering. No, she was not a medical student nor did she have any medical training.
Clearly, by 2003, she had envisioned grandiose ideas about how to make her way in the world… and it didn’t seem to involve actually completing her degree at Stanford. Thus, Theranos was born after having she had gotten her dean, but not medical experts at the school, to sign off on her blood testing idea.
Medical Technology
What was her medical idea? Holmes’s idea involved gathering vast amounts of data from a few drops of blood. Unfortunately, not everyone agreed that her idea had merit, particularly medical professors at Stanford. However, she was able to get some people to buy into her idea and, thus, Theranos was born.
From the drawing board to creating a device that actually does what Holmes claimed would pose the ultimate challenge, one that would see her convicted of fraud.
Software Technology
Most startup products in Silicon Valley involve software innovation with that occasional product which also requires a specialty hardware device to support the software. Such hardware and software examples include the Apple iPhone, the Fitbit and even the now defunct Pebble.
Software only solutions include such notables as Adobe Photoshop, Microsoft Office and even operating systems like Microsoft Windows. Even video games fall under such possible startups, like Pokémon Go. Yes, these standalone softwares do require separate hardware, but using already existing products that consumers either own or can easily purchase. These software startups don’t need to build any specialty hardware.
Software solutions can solve problems for many differing industries including the financial industry, the medical industry, the fast food industry and the law enforcement industry and even solve problems for home consumers.
There are so many differing ideas that can make life much simpler, some ideas are well worth exploring. However, like Theranos, some aren’t.
Theranos vs Silicon Valley
Elizabeth Holmes’s idea that a few drops of blood could reveal a lot of information was a radical idea that didn’t, at her young age of 19, have a solution. This is what Elizabeth Holmes sought to create with Theranos.
Many Silicon Valley startups must craft a way to solve the problem they envision. Whether that be accessing data faster or more reliably to creating a queuing system for restaurants using an iPhone app.
It’s not so much the idea, but the execution of it. That’s where the CEO comes into play. The CEO must assemble a team capable of realizing and executing the idea they have in their head. For example, is it possible to create a device to extract mountains of data from a few drops of blood? That’s what Elizabeth Holmes was hoping she could create. It was the entire basis for the creation of Theranos.
Investors
To create that software and device, it takes money and time. Time to develop and money to design and build necessary devices using R&D. A startup must also hire experts in various fields who can step into the role and determine what is and isn’t possible.
In other words, a CEO’s plan is “fake it until you make it”. That saying goes for every single startup CEO who’s ever attempted to build a company. Investors see to it that there’s sufficient capital to make sure a company can succeed, or at least give it a very good shot. Early investors include seed and angel investors, where the money may have few if any strings and later stage investors such as Venture Capitalists, where there are heavy strings tied to the money in the form of exchanging company ownership in exchange for money.
Later stage investors are usually much more hands-on than many angel or seed investors. In fact, sometimes late stage investors can be so hands-on as to cause the company to pivot a company in unwanted directions and away from the original vision. This article isn’t intended to become a lesson for how VC’s work, but suffice it to say that they can become quite important in directing a company’s vision.
In Theranos case, however, Elizabeth Holmes locked out investors by creating a …
Black Box
One thing that Silicon Valley investors don’t like are black boxes. What is a black box? It’s a metaphor for a wall that’s erected between a company’s product and any investors involved. A black box company is one that refuses to share how a startup company’s technology actually works. Many investors won’t invest in such “black box” companies. Investors want to know how their money is being spent and how a company’s technology is progressing. Black boxes don’t allow for that information flow.
Theranos employed such a black box approach to its blood analyzer device. It’s actually a wonder Theranos got as much investor support as it did, particularly for a CEO that young and, obviously, inexperienced when insisting on a black box approach. That situation is ripe for abuse. At 19, how effective could Elizabeth Holmes be as a CEO? How trustworthy and responsible could a 19 year old be with millions of dollars of funding? How many 19 year olds would you entrust with millions of dollars, after they had dropped out of college? For investors, this should have been a huge red flag.
There’s something to be said for the possibility of a wunderkind in Elizabeth Holmes, except she hadn’t proven herself to be a prodigy while attending Stanford. Even the medical experts she had consulted about her idea clearly didn’t think she had the necessary skills to make her far-fetched idea a reality. A chemical engineering student hopping into the biotech field with the creation of small, almost portable blood analysis machine at a time when commercial blood analysis machines where orders of magnitudes bigger and required much more blood volume? Holmes’s idea was fantastical, yet clearly unrealistic.
However, Theranos’s black box, dubbed the Edison or miniLab, was a small piece of equipment about half the size of a standard tower computer case and included a touch screen display and blood insertion port.
Unfortunately, this black box was truly a black box in all senses of the word, including its actual case coloring. Not only was the Edison’s innards kept a strict company secret, its testing methodologies were also kept secret, even from employees. In other words, no one knew exactly how the Edison truly worked. No, not even the engineers that Theranos hired to try to actually make Holmes’s vision a reality.
Theranos and Walgreens
By 2016, Theranos had secured a contract with Walgreens for Walgreens to use Theranos’s Edison machine to test blood samples by medical patients. Unfortunately, what came to pass from those tests was less than stellar. It’s also what led to the downfall of Theranos and ultimately Elizabeth Holmes and her business partner, Sunny Balwani.
The engineers that Theranos hired knew that the Edison didn’t work, even though they hadn’t been privy to all of its inner workings. Instead, what they saw was those tiny vials of blood trying to run samples on larger blood testing machines like the Siemens Advia 1800.
When the engineers, Erika Cheung and Tyler Shultz, confronted Holmes and Balwani about the Edison machine’s lack of functionality and about being asked to falsify test results, they were given the cold shoulder. Both Cheung and Tyler decided to blow the whistle on Theranos’s fraud. Cheung and Schultz both left Theranos after whistleblowing to start their own companies.
Ultimately, Theranos had been using alternative medical diagnostic technology in lieu of its own Edison machine, which the Edison clearly didn’t function properly and neither did the third party systems with the amount of blood that Holmes stated that it required.
This left patients at Walgreens with false test results, requiring many patients to retest with another lab to confirm the validity of Theranos’s results.
Elizabeth Holmes Fate?
In January of 2022, Elizabeth Holmes was found guilty of 4 counts of fraud. However, the jury acquitted her of all counts involving patient fraud… the patients were, in fact, hurt the most by Theranos’s fraud. The jury awarded monetary rewards to the investors, not to the patients who may have been irreparably harmed by her machine’s failure to function.
Why aren’t more CEOs in prison for fraud?
While the Theranos and Elizabeth Holmes case is somewhat unique among Silicon Valley startups, it is not completely unique. Defrauding investors is a slippery slope for Silicon Valley. Once one company is found perpetrating fraud on investors, it actually opens the door up to many more such cases.
Taking money from investors to attempt to bring a dream to life is exactly what CEOs do. However, Theranos (and Elizabeth Holmes) between 2003 and 2016 couldn’t produce a functional machine.
Most CEOs, given enough time and, of course money, can likely produce a functional product in some form. Whether that product resembles the original idea that founded the company remains to be seen. Some CEOs pivot a year or two in and change directions. They either realize their initial idea wasn’t unique enough or that there would be significant problems bringing it to market. They then change direction and come up with a new idea that may be more easily marketable.
Startups that Bankrupt
In the case of Theranos, other startups that go bankrupt could signal the possibility that CEOs may now be held accountable to fraud charges, just like Ms. Holmes. The Elizabeth Holmes case has now set that precedent. Taking investor money may no longer be without legal peril directly to company executives. If you agree to bring a product to market and are given investor capital to do it… and then you fail and the company folds, you may find yourself in court up on fraud charges.
Silicon Valley investors do understand that the odds of a successful startup is relatively low… which is why they typically invest in many at once. The one that succeeds typically more than makes up for the others that fail. If more than one succeeds, even better. It’s called, “playing the odds”. The more you bet, the better chances you have of winning. However, playing the odds won’t stop investors from wanting to recoup losses for money given to failed startups.
The Elizabeth Holmes case may very well be chilling for startups. It’s ultimately chilling to would-be CEOs who see dollar signs in their eyes, but then months later that startup is out of cash and closing down in failure.
CEOs and Prison Time
Elizabeth Holmes should be considered a cautionary tale for all would-be CEOs looking for some quick cash to get their idea off the ground. If you do manage to secure funding, you should be cautious with how you use that cash. Also always and I mean ALWAYS make sure the progress in building your idea is shown to your investors regularly. Let them know how their investor money is being used. When software is available for demonstrations, show it off. Don’t hide it inside of a black box.
Black boxes have no place in startup investing. As with Elizabeth Holmes, she’s facing up to 20 years in prison. However, her sentence has yet to be handed down, but is expected to be no less than 20 years. Though, it’s possible she may be given the possibility of parole and the possibility of a reduced sentence for good behavior… all of which is up to the sentencing judge.
Elizabeth Holmes opened this door for startup CEOs. It’s only a matter of time before investors begin using this precedent to hold CEO founders to account should an investment in a startup fail.
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Is Google running a Racket?
In the 1930s, we had crime syndicates that would shake down small business owners for protection money. This became known as a “Racket”. These mob bosses would use coercion and extortion to ensure that these syndicates got their money. It seems that Google is now performing actions similar with AMP. Let’s explore.
AMP
AMP is an acronym that stands for Accelerated Mobile Pages. To be honest, this technology is only “accelerated” because it strips out much of what makes HTML pages look good and function well. The HTML technology that make a web page function are also what make it usable. When you strip out the majority of that usability, what you are left with is a stripped down protocol named AMP… which should stand for Antiquated Markup Protocol.
This “new” (ahem) technology was birthed by Google in 2016. It claims to be an open source project and also an “open standard”, but the vast majority of the developers creating this (ahem) “standard” are Google employees. Yeah… so what does this say about AMP?
AMP as a technology is fine if it were allowed to stand on its own merit. Unfortunately, Google is playing hardball to get AMP adopted.
Hardball
Google seems to feel that everyone needs to adopt and support AMP. To that end, Google has created a racket. Yes, an old-fashioned mob racket.
To ensure that AMP becomes adopted, Google requires web site owners to create, design and manage “properly formatted” AMP pages or face having their entire web site rankings be lost within Google’s Search.
In effect, Google is coercing web site owners into creating AMP versions of their web sites or effectively face extortion by being delisted from Google Search. Yeah, that’s hardball guys.
It also may be very illegal under RICO laws. While no money is being transferred to Google (at least not explicitly), this action has the same effect. Basically, if as a web site owner, you don’t keep up with your AMP pages, Google will remove your web site from the search engine, thus forcing you to comply with AMP to reinstate the listing.
Google Search as Leverage
If Google Search were say 15% or less of the search market, I might not even make a big deal out of this. However, because Google’s Search holds around 90% of the search market (an effective monopoly), it can make or break a business by reducing site traffic because of low ranking. By Google reducing search rankings, this is much the same as handing Google protection money… and, yes, this is still very much a racket. While rackets have been traditionally about collecting money, Google’s currency isn’t money. Google’s currency is search rankings. Search rankings make or break companies, much the same as paying or not paying mobsters back in the 1930s.
Basically, by Google coercing and extorting web site owners into creating AMP pages, it has effectively joined the ranks of those 1930 mob boss racketeers. Google is now basically racketeering.
Technology for Technology’s Sake
I’m fine when a technology is created, then released and let land where it may. If it’s adopted by people, great. If it isn’t, so be it. However, Google felt the need to force AMP’s adoption by playing the extortion game. Basically, Google is extorting web site owners to force them to support AMP or face consequences. This forces web site owners to adopt creating and maintaining AMP versions of their web pages to not only appease Google, but prevent their entire site from being heavily reduced in search rankings and, by extensions, visitors.
RICO Act
In October of 1970, Richard M. Nixon signs into law the Racketeer and Influenced Corrupt Organizations Act… or RICO for short. This Act makes it illegal for corrupt organizations to coerce and extort people or businesses for personal gains. Yet, here we are in 2020 and that’s exactly what Google is doing with AMP.
It’s not that AMP is a great technology. It may have merit at some point in the future. Unfortunately, we’ll never really know that. Instead of Google following the tried-and-true formula of letting technologies land where they may, someone at Google decided to force web site owners to support AMP … or else. The ‘else’ being the loss of that business’s income stream by being deranked from Google’s Search.
Google Search can make or break a business. By Google extorting businesses into using AMP at the fear of loss of search ranking, that very much runs afoul of RICO. Google gains AMP adoption, yes, but that’s Google’s gain at the site owners loss. “What loss?”, you ask. Site owners are forced to hire staff to learn and understand AMP because the alternative is loss of business. Is Google paying business owners back for this extortion? No.
So, here we are. A business the size of Google wields a lot of power. In fact, it wields around 90% of the Internet’s search power. One might even consider that a monopoly power. Combining a monopoly and extortion together, that very much runs afoul of RICO.
Lawsuit City and Monopolies
Someone needs to bring Google up in front of congress for their actions here. It’s entirely one thing to create a standard and let people adopt it on their own. It’s entirely another matter when you force adoption of that standard on people who have no choice by using your monopoly power against them.
Google has already lost one legal battle with COPPA and YouTube. It certainly seems time that Google needs to lose another legal battle here. Businesses like Google shouldn’t be allowed to use their monopoly power to brute force business owners into complying with Google technology initiatives. In fact, I’d suggest that it may now be time for Google, just like the Bell companies back in the 80s, to be broken up into separate companies so that these monopoly problems can no longer exist at Google.
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FX TV Series Review: Devs
Devs is a new “limited” series from FX, also being streamed on Hulu. Let’s explore everything that went wrong here.
Silicon Valley Startups
Having worked in Silicon Valley for several tech companies, I can confirm exactly how unrealistic this show is. Let’s start by discussing all of the major flaws within the pilot. I should also point out that the pilot is what sets the tone of a series. Unfortunately, the writers cut so many corners setting up the pilot’s plot, the rest of the series will suffer for it.
As a result of the sloppy writing for the pilot, the writers will now be required to retcon many plot elements into the series as the need arises. Retconning story wouldn’t have been needed had they simply set up this series properly. Unfortunately, they rushed the pilot story.
Slow Paced
While you might be thinking, “Well, I thought the pacing of the series was extremely slow.” The dialog and scene pacing is slow. But, the story itself moves along so rapidly, if you blink you’ll miss it.
What’s it about?
A girlfriend and boyfriend pair work for the same fictional tech company named “Amaya”. It is located in a redwood forested area near San Francisco, apparently. It doesn’t specifically state where it exists, but it’s somewhere located in a wooded area.
The female lead, Lily, and the male lead, Sergei, are in a relationship. She’s of Chinese-American heritage and he’s of Russian descent. She works on the crytography team at Amaya and he works in the AI division at Amaya (at least in the pilot of the show).
Things Go Awry
Almost immediately, the series takes a bad turn. Sergei shows off his project to the ‘Devs’ team leader, another team in the company. We later come to find that this unkempt leader is actually the founder of the company and Amaya was his daughter who died. He also apparently heads up a part of the company that we come to find is named ‘Devs’. Unfortunately, because there’s no setup around what ‘Devs’ exactly is, this leaves the viewer firmly lost over the magnitude of what’s going on at this meeting. Clearly, it isn’t lost on Sergei as he’s extremely nervous about the meeting, but he still goes in reasonably confident of his project. As viewers, though, we’re mostly lost until much later in the episode.
Sergei demonstrates his project to this not-explained team and they seem suitably impressed with Sergei’s project’s results… that is until the end of the meeting when the results begin failing due to insufficient amounts of processing power.
Still, Sergei’s results are impressive enough that he is invited (not the rest of his team) to join ‘Devs’ right then and there.
And then we hear the sound of a record needle being ripped across a record…
Not how Silicon Valley works
You don’t get invited to join some kind of “elite coveted” team at the drop of a hat like that. Managers have paperwork, transfer requests have to be made and budgets have to be allotted. There are lots of HR related things that must result when transferring a person from one department to another, even at the request of the CEO. It’s not a “You’re now on my team effectively immediately” kind of thing. That doesn’t occur and is horribly unrealistic.
Ignoring the lack of realism of this transfer, the actor playing Sergei is either not that great of an actor or was directed poorly. Whatever the reason, he didn’t properly convey the elation required upon being invited and accepted into “the most prestigious” department at Amaya. If he were actually trying to get into ‘Devs’, his emotions should have consisted of at least some moment of joy. In fact, the moment he’s accepted into ‘Devs’, it almost seems like fear or confusion blankets him. That’s not a normal emotion one would experience having just stepped into a “dream job”.
This is where the writers failed. The writers failed to properly explain that this was Sergei’s dream job. This is also where the writers failed to properly set up the ‘Devs’ team as the “Holy Grail” of Amaya.
Clearly, the writers were attempting to set this fictional Amaya company up to mirror a company of a similar size of Google or Apple.
Location
Ignoring the meeting that sets up the whole opening (and which also fails to do so properly), Sergei heads home to explain to Lily his change in company status and his transfer into ‘Devs’. They have a conversation about the closed nature of that team and that they won’t be able to discuss his new job in ‘Devs’.
The next day, Sergei heads over to the head of Amaya security to be ‘vetted’ for the ‘Devs’ team. Apparently, there’s some kind of security formality where the security team must interview and vet out any potential problems. The security manager even points out that because Sergei is native Russian and because Lily is Chinese that there’s strong concern over his transfer. If this security person is so concerned over his background, then he should rescind his transfer effective immediately.
Instead, he sends Sergei on his way to meet with the ‘Devs’ manager who then escorts him through a heavily wooded area into what amounts to an isolated fortress.
Record needle rips across again… “Hold it right there”
While it’s certainly possible a tech startup might attempt to locate its headquarters deep in a wooded area, it’s completely unrealistic. California is full of tree huggers. There are, in fact, way too many tree huggers in California. There is no way a company like Google or Apple could buy a heavily forested area and then plop down a huge fortress in the middle of it. No, not possible. In fact, an organization like “Open Space Trust” would see to it that they would block such a land purchase request. There is no way a private company could set this up.
A governmental organization could do it simply through annexation via eminent domain, but not a private company. Let’s ignore this straight up California fact and continue onward with this show. Though, it would have made more sense if Amaya had been government sanctioned and funded.
Sergei’s First (and Last) Day
Ignoring the improbable setup of this entire show, Sergei is escorted by his new boss, who remarkably looks like Grizzly Adams… but more dirty, homeless and unkempt. Typically, Silicon Valley companies won’t allow men who look like this into managerial roles. Because we come to find later that he is apparently the “founder” of Amaya, the rest of the company lets his unkempt look slide. His look is made worse by the long hair wig they’ve glued onto this actor. If you want a guy to look like Grizzly Adams, at least have him grow his hair out to some length so a lacefront wig looks at least somewhat realistic.
Anyway, let’s move on. Sergei is escorted through a heavily wooded area (complete with a monstrously huge and exceedingly ugly statue of a child in a creepy pose) and onto his new work location… the aforementioned fortress I described earlier. His boss explains how well secured the location is by pointing out its security features including an “unbroken vacuum seal” to which Sergei ponders aloud before being shown how it works. Sergei is then told that there is only one rule. That rule being that no personal effects go into the building and nothing else comes out of it. Yet, this rule is already broken when they head inside. Even the “manager” breaks this rule.
Once they enter the building and get past the entry area, Mr. Grizzly explains that nothing inside the building is passworded. It’s all open access to everything. He is then shown his workspace and left to his own devices. Grizzly explains he’ll figure it out on his own by “reading the code”.
Unrealistic. No company does this.
Last Day
Here’s where everything turns sour. We are left to assume that only one day has passed since Sergei has been been escorted into the building. Sergei then stares at his terminal screen not doing anything for about 5 minutes. He gets up, goes to the bathroom, barfs and then fiddles with his watch.
He then attempts to leave the building, yet somehow it’s night time. It was probably morning when he entered. Here’s where the storytellers failed again. There was no explanation of time passage. The same screen he was looking at when he entered is the same screen that was on his terminal when he attempts to leave. Yet, now it’s night time?
His manager assumes that Sergei has absconded with the code (remember the open access?) from the facility and that he is attempting to leave with it on his “James Bond Watch”. Sergei is jumped by the head of Amaya security and is seemingly suffocated by this same head of security no less.
And so the retcon begins…
The writers have now killed the person they needed to explain this story. So now, they have to rely on Lily to unravel what happened (as a newly minted detective). Here’s where the show goes from being a possible uplifting story to an implausible detective horror story.
To enable Lily to even get the first clue what has happened to her boyfriend, the ‘Devs’ and the security teams collude to fabricate footage to make it appear as if Sergei is acting oddly while walking around the campus.
Instead of the writers creating actual story, they rely on fake security footage to retell the story. They even go so far as to fabricate a person setting themselves on fire with Sergei’s face attached… to make it appear as some kind of suicide. Yeah, I doubt Lily is buying any of it. Unfortunately, the writers leave too much unsaid. So, we have no idea what Lily is really thinking.
Instead, Lily heads off to find her ex-boyfriend and ask him for help… who he then summarily tells her to “fuck off”. This whole ex-boyfriend premise is so contrived and unrealistic it actually tops the list of unrealistic tropes in this show.
Questions without Answers
Would a Silicon Valley company stoop to murder to protect its intellectual property? I guess it could happen, but it is very unlikely. Would they allow a thug to head up its security team? Exceedingly doubtful. If a company were to need to protect its property through acts of violence, it would hire out for that.
Though, really, Amaya is actually very naive. If they didn’t trust Sergei, they shouldn’t have hired him. Worse, they allowed their one rule to be broken… allowing personal effects inside the building. Both Sergei and Grizzly wear watches into the building. If no personal effects are to be carried in or out, then that includes ALL forms of technology including wrist watches of any form. In fact, they should require everyone to change their clothes before entering the building, forcing ALL personal effects into a locker with no access to that locker until shift end. The staff would then wear issued wardrobe for the duration of their work shift.
If Amaya had simply followed its own rules by setting the whole system up correctly, there wouldn’t have been the possibility of any code theft or the need to murder an employee. Yet, Sergei is allowed to wear his watch into the building? It is then assumed that Sergei has managed to copy all (?) of the code onto his watch? Setting up such a secure system would have forced Sergei to thwart this system in some way creating more drama and enforcing the fact that Sergei is, indeed, a spy. By killing Sergei off so quickly, the writers were requires to take many shortcuts to get this story told.
Clearly, corporate espionage does exist, but would anyone attempt corporate espionage on their first day on a new team? On their second day? I think not. In fact, this setup is so contrived and blatantly stupid, it treats not only Sergei, but the audience as if we haven’t a brain in our heads. That the writers also assume that Russian espionage is this stupid is also insane.
No. If Sergei were being handled as a spy, he would only attempt espionage after having been in the position for a long time… perhaps even years. Definitely well enough time to be considered “trusted”. No company fully trusts a new employee on the first day. No company gives full access to all data to a new employee on the first day, either. There is no way that “first day” Sergei could have ever been put in the position of having access to everything.
Further, a new employee needs to fully understand exactly what’s going on in the new department, where everything is and get accustomed to the new work area and new co-workers. There is no way Sergei would have attempted to abscond any the code when he barely understands what that code is even doing. Preposterous.
Episode 2
The writers then again further insult us with the passworded Soduku app that Lily finds on Sergei’s phone. Lily enlists her ex-boyfriend again (whom she hadn’t talked to in years) to help unlock the app. Amazingly, this second time he agrees. He then explains to Lily that it’s a Russian messaging app and that Sergei was a spy.
Here’s the insulting part. After her ex-boyfriend unlocks the app, all of the messages are in English. Seriously? No, I don’t think so. Every message would have been in Russian, not English. If it’s a Russian app, they would communicate using the Russian language. But then the next part wouldn’t have made any sense.
Lily then decides to text whomever is on the other end. If the text had been in Russian, she would have had to learn enough Russian to message the other party. By making the text app English, it avoids this problem. That’s called “lazy writing”.
Inexplicably, the other end decides to meet with Lily. Needle rips again… No, I don’t think so. If it were really Sergei’s handler with the power to delete the app, the app would have been deleted immediately after Lily made contact. No questions asked. If they wanted to meet with Lily, they likely would have abducted her separately much, much later.
Still, it all conveniently happens. Worse, when the meeting takes place, the head of Amaya’s security is somehow there eavesdropping on the whole conversation. Yeah, I don’t think so. If the head of Amaya’s security is there, that either means he’s spying on Sergei’s apps (which are likely encrypted, so there’s no real way) or Amaya’s future prediction algorithm is already fully functional.
Basically, everything is way too convenient. Worse, if Amaya does manage to crack the prediction algorithm, the show’s writers have a huge problem on their hands. There’s no way for them to write any fresh stories in that universe without it all turning out contrived. With a prediction algorithm fully functional, Amaya can predict future events with 100% accuracy. This means they can then thwart anything negative that might hinder Amaya’s business. The whole concept is entirely far fetched, but it’s actually made worse by the idea of an omniscient computer system that Amaya is attempting to build. But really, would a company actually kill an exceedingly bright software engineer who is just about to give your computer full future omniscience? I don’t think so.
Omniscience is actually the bane of storytelling. If you have an omniscient being (or anything) available to see the future, then a company could effectively rule the world by manipulating historical events to their own benefit. This situation is a huge predicament for the writers and show runners.
In fact, I would make sure that Amaya’s computer is firmly destroyed within the first 4 episodes. Amaya’s omniscience can’t come to exist or the show will jump the shark. The show should remain focused on Sergei’s death and Lily uncovering it, rather than on creating Amaya’s omniscient computer. That computer becoming fully functional will actually be the downfall of the show. The espionage doesn’t need to succeed. In fact, it shouldn’t succeed. Instead, one of Amaya’s existing internal staff should be enlightened to the of danger Amaya’s management once the actual reality of Sergei’s death becomes widely known. The now enlightened staff should turn on Amaya and subvert the soon-to-be “omniscient” computer, now comprehending the magnitude of just how far their bosses are willing to take everything. That computer is not only a danger to the show, it’s a danger to that entire fictional world. Worse, though, are murderous bosses who are the real travesty here.
Any person working at a company with management willing to commit murder of its staff should at best seek to leave the company immediately (fearing for their own safety)… alternatively, some of these employees might subversively see to that company’s demise before exiting the organization. In fact, Devs should become a cautionary tale.
Technical staff always hold all of the cards at any tech company. Trusted coders and technical staff leave companies extremely vulnerable. These staff can insert damaging code at any time… code that can, in fact, take down a company from within. This is the real danger. This is where this show should head. Let’s forget all about the silly omniscience gimmick and focus on the dangers of what can happen to a company when trusted technical staff become personally threatened by their own employer. This is the real point. This is the real horror. The omniscience gimmick is weak and subverts the show. Instead, bring the staff back to reality by having them take a stand against an employer who is willing to commit murder merely to protect company secrets.
[Updated: 7/11/2020]
About a week after I wrote this article, the next episode arrived. The term “Jump the Shark” immediately pop out at me about halfway into this episode.
There’s a scene where the Devs manager, Katie (Alison Pill), walks into the room and observes two of her team watching what is effectively porn on the company’s core technology. In fact, it’s not just any porn, but famous celebrities from the past “doing it”.
I can most definitely certify that while Silicon Valley’s hiring practices are dominated by males, no manager would allow this behavior in a conference room, let alone by using the company’s primary technology. They could have been watching literally anything and this is what they chose?
I can guarantee you that any manager who found out that an employee was watching such things on a work computer would, at best, require a stern talking to and a reprimand goes into the employee file. At worst, that person is fired. Katie just shrugs it off and makes a somewhat off-handed comment as she leaves the room. That’s completely unrealistic for Silicon Valley companies. Legal issues abound in the Bay Area. There’s no way any company would risk their own existence to let that behavior slide by any employee.
Of course, having a security manager running around and offing employees isn’t something companies in SV do either.
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Apple and Law Enforcement
Apple always seems to refuse law enforcement requests. Let’s understand why this is bad for Apple… and for Silicon Valley as a whole. Let’s see how this can be resolved.
Stubbornness
While Apple and other “Silicon Valley” companies may be stubborn in reducing encryption strength on phones, reduction of encryption strength isn’t strictly necessary for law enforcement to get what they need out of a phone device. In fact, it doesn’t really make sense to reduce encryption across all phone devices simply so law enforcement can gain access to a small number of computer devices in a small set of criminal cases.
That’s like using a sledgehammer to open a pea. Sure, it works, but not very well. Worse, these legal cases might not even be impacted by what’s found on the device. Making all phones vulnerable to potentially even worse crimes, such as identity theft and stealing money in order to prosecute a smaller number of crimes which might not be impacted by unlocking a phone doesn’t make sense.
There Are Solutions
Apple (and other phone manufacturers) should be required to partner with law enforcement to create a one-use unlocking system for law enforcement use. Federal law could even mandate that any non-law enforcement personnel who attempts to access the law enforcement mode of a phone would be in violation of federal law. Though, policing this might be somewhat difficult. It should be relatively easy to build and implement such one-use system. Such a system will be relatively easy to use (with the correct information) and be equally difficult to hack (without the correct information).
How this enforcement system would work is that Apple (or any phone vendor) would be required to build both law enforcement support web site and a law enforcement mode on the phone for law enforcement use only. This LE support server is naturally authentication protected. A verified law enforcement agent logs into Apple’s LE system and enters key information from/about a specific device along with their own Apple issued law enforcement ID number. Apple could even require law enforcement officers to have access to an iPhone themselves to use FaceID to verify their identity before access.
The device information from an evidence phone may include the iPhone’s IMEI (available on the SIMM tray), ICCID (if available), SEID (if available), serial number, phone number (if available) and then finally a valid federally issued warrant number. Apple’s validation system would then log in to a federal system and validate the warrant number. Once the warrant is validated and provided the required input data specific to the phone all match to the device (along with the Apple’s law enforcement ID), Apple will issue a one-time use unlocking code to the law enforcement agent. This code can then be used one time to unlock the device in Law Enforcement Mode (LEM).
To unlock an evidence device, the agent then boots the phone into LEM (needs to be built by Apple) and then manually enters an Apple-generated code into the phone’s interface along with their law enforcement ID. The law enforcement mode then allows setup and connection to a local WiFi network (if no data network is available), but only after entering a valid code. The code will then be verified by Apple’s servers and then the phone will be temporarily unlocked. Valid entry of a law enforcement code unlocks the device for a period of 24 hours for law enforcement use. There is no “lock out” when entering the wrong code when the phone is in “law enforcement mode” because these codes are far too complex to implement such a system. Though, the phone can reboot out of LEM after a number of wrong attempts. You simply can’t randomly guess these codes by trial and error. They are too complex and lengthy for this.
This specific one-use code allows unlocking the device one time only and only for a period of 24 hours. This means that phone will accept that specific code only once and never accept that specific code again. If law enforcement needs to unlock the phone again, they will have to go through the law enforcement process of having Apple generate a new code using the same input data which would then generate a new code, again, valid for only 24 hours.
A successfully used LE code will suspend all phone screen lock security for a period of 24 hours. This means that the only action need to get into a phone for up to 24 hours (even after having been powered off and back on) is by pressing the home key or swiping up. No touch ID or Face ID is needed when the phone is unlocked during this 24 hour period. This allows for use of this phone by multiple people for gathering evidence, downloading information or as needed by law enforcement. This mode also suspends all security around connecting and trusting iTunes. iTunes will also allow downloading data from the phone without going through its “trust” security. After 24 hours, the phone reboots, deletes LE configuration parameters (such as WiFi networks) and reverts back to its original locked and secured state.
The iPhone will also leave a notification for the owner of the phone that the phone has been unlocked and accessed by law enforcement (much the same as the note left in luggage by the TSA after it has been searched). If the phone still has Internet access, it will contact Apple and inform the Apple ID that the phone has been unlocked and accessed by law enforcement. This Internet notification can be suspended for up to 30 days to allow law enforcement time enough to get what they need before the system notifies the Apple ID owner of access to that device. Though, I’d recommend that Apple notify the owner right away of any access by law enforcement.
How to use the code
When a valid generated Apple law enforcement code is entered into the phone in LEM, the phone calculates the validity of the code based on an internal process that runs on the phone continuously. While the phone is validly being used by its owner, this process will periodically sync with Apple’s LE servers to ensure that an iPhone’s LEM process will work properly should the phone fall into the possession of law enforcement. This information will have to be spelled out and agreed to in Apple’s terms and conditions. Apple’s servers and the phone remain synchronized in the same way as RSA one-time keys remain synchronized (within a small calculable margin of error). Thus, it won’t need to synchronize often.
How to use Law Enforcement Mode
This mode can be brought up by anyone, but to unlock this mode fully, a valid Apple issued law enforcement ID and one-use code must be entered into an iPhone for the mode to unlock and allow setup of a WiFi network. Without entry of an Apple issued law enforcement ID number or because of successive incorrect entries, the phone will reboot out of LEM after a short period time.
Law Enforcement ID
A law enforcement ID must be generated by Apple and these IDs will synchronize to all Apple devices prior to falling under law enforcement possession. To keep this list small, it will remain compressed on the device until LEM successfully activates, at which time the file is decompressed for offline validation use. This means that a nefarious someone can’t simply get into this mode and start mucking about easily to gain entry to a random phone. It also means someone can’t request Apple issue a brand new ID on the spot. Even if Apple were to create a new ID, the phone would take up to 24 hours to synchronize… and that assumes that the phone still has data service (which it probably doesn’t). Without data service, the phone cannot synchronize new IDs. This is the importance of creating these IDs in advance.
Apple will also need to go through a validation process to ensure the law enforcement officer requesting an ID is a valid officer working for a legitimate law enforcement organization. This in-advance validation may require a PDF of the officer’s badge and number, an agency issued ID card and any other agency relevant information to ensure the officer is a valid LE officer or an officer of the court. This requires some effort on the part of Apple.
To get an Apple law enforcement ID, the department needing access must apply for such access with Apple under its law enforcement support site (to be created). Once an Apple law enforcement ID has been issued, within 24 hours the ID will sync to phones, thus activating the use of this ID with the phone’s LEM. These IDs should not be shared outside of any law enforcement department. IDs must be renewed periodically through a simple validation process, otherwise they will expire and fall off of the list. Manufacturers shouldn’t have to manage this list manually.
Such a system is relatively simple to build, but may take time to implement. Apple, however, may not be cool with developing such a law enforcement system on its own time and dime. This is where the government may need to step in and mandate such a law enforcement support system be built by phone manufacturers who insist on using overly strong encryption. While government(s) can legislate that companies reduce their encryption strength on their devices to avoid building a law enforcement system as described, instead I’d strongly recommend that companies be required to build a law enforcement support and unlocking system into their devices should they wish to continue using ever stronger encryption. Why compromise the security of all devices simply for a small number of law enforcement cases? Apple must meet law enforcement somewhere in the middle via technological means.
There is also no reason why Apple and other device manufacturers are denying access to law enforcement agents for phone devices when there are software and technical solutions that can see Apple and other manufacturers cooperate with law enforcement, but yet not “give away the farm”.
I don’t even work for Apple and I designed this functional system in under 30 minutes. There may be other considerations of which I am not aware within iOS or Android, but none of these considerations are insurmountable in this design. Every device that Apple has built can support such a mode. Google should also be required to build a similar system for its Android phones and devices.
Apple is simply not trying.
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Rant Time: Google’s Lie
I’ve already written an article or two about YouTube giving content creators the finger. I didn’t really put that information into this article’s context so that everyone can really understand what’s actually going on at YouTube, with the FTC and with Google. Let’s explore.
Lies and Fiction
Google has asserted and maintained, since at least 2000 when COPPA came into effect, that it didn’t allow children under age 13 on its platforms. Well, Google was caught with its proverbial pants down and suffered a $170 million fine at the hand of the FTC based on COPPA. Clearly, Google lied. To maintain that lie, it has had to do a number of things:
- For YouTube content creators, YouTube has hidden its metrics for anyone under the age of 13 from viewer stats on YouTube. What that means to creators is that the viewer metrics you see on your stats page is completely inaccurate for those under the age of 13. If Google had disclosed the under 13 age group of stats on this page, Google’s lie would have unraveled far faster than it did. For Google to maintain its lie, it had to hide any possible trail that could lead to uncovering this lie.
- For other Google platforms (Stadia, Chromebook, Android phones, etc), they likely also kept these statistics secret for the same reasons. Disclosure that the 12 and under age group existed on Google meant disclosing to the FTC that they had lied about this age group using its services all along.
- For Android phones, we’ll let’s just say that many a kid 12 and under have owned Android phones. Parents have bought them and handed them over to their children. For the FTC to remain so oblivious to this fact for years is a testament to how badly operated this portion of the government is.
- Google / YouTube had to instruct engineers to design software systems around this “we don’t display under age 13 metrics” lie.
Anyway, so lie Google did. They lied from 2000 all of the way to 2019. That’s almost 20 years of lying to the government… and to the public.
YouTube’s Lie
Considering that even just one COPPA infraction found to be “valid” could leave a YouTube channel owner destitute. After all, Google’s fine was $170 million. Because a single violation could cost a whopping $42,530, it’s a major risk simply to maintain a YouTube channel.
Because of the problem of Google perpetuating its lie about 12 and under for so long, this lie has become ingrained in Google’s corporate culture (and software systems). What this means is that for Google to maintain this lie, it had to direct its engineers to write software to avoid showing any statistic information anywhere that could disclose to anyone that Google allows 12 and under onto any of its platforms, let alone YouTube.
This also means that YouTube content creators are entirely left in the dark when it comes to viewer statistics of ages 12 and under. Because Google had intended to continue maintaining its “we don’t serve 12 and under here” lie, it meant that its systems were designed around this lie. This meant that any place where 12 and under could have been disclosed, this data was specifically culled and redacted from view. No one, specifically not YouTube content creators, could see viewer metrics for anyone 12 and under. By intentionally redacting this information from its statistics interfaces, no one could see that 12 and under were actually viewing YouTube videos or even buying products. As a creator, you really have no idea how many 12 and under viewers you have. The FTC will have access into YouTube’s systems to see this information, even if you as a content creator do not.
This means that content creators are actually in the dark for this viewer age group. There’s no way to really know if this age group is being accurately counted. Actually, Google is likely collecting this information, but they’re simply not disclosing it over public interfaces. Though, to be fully safe and to fully protect Google’s lie, they might have been purging this data more often than 13 and older data. If they don’t have the data on the system, they can’t be easily caught with it. Still, that didn’t help when Google finally did get caught and were fined $170 million.
Unfortunately, because Google’s systems were intentionally designed around a lie and because they are now already in place, undoing that intentional design lie could be a challenge for Google. They’ve had 19 years worth of engineering effort build code upon code avoiding disclosure of 12 and under using Google’s platforms. Undoing 19 years of coding might be a problem.
Swinging back around to that huge fine, this leaves YouTube in a quandary. It means that content creators have no way to know if the metrics that are being served to content creators are in any way accurate. After all, Google has been maintaining this lie for 19 years. They’ve built and maintained their systems around this lie. But now, Google must undo 19 years of lies built into their systems to allow content creators to see what we already knew… that 12 and under have been using the platform probably since 2000.
For content creators, you need to think twice when considering setting up a channel on YouTube. It doesn’t matter what your content is. If that content attracts children under 13, you’re at risk. The only type of channel content that cannot at all be seen as “for kids” is content that kids would never watch. There is really only a handful of content type I can name that wouldn’t appeal to children (not an exhaustive list):
- Legal advice from lawyers
- Court room video
- Horror programs
- Political programs
- Frank sex topics
It would probably be easier to state those types of programs that do appeal to children:
- Pretty much everything else
What that means is topics like music videos, video game footage, cartoons, pet videos, singing competitions, beauty channels, fashion channels, technology channels and toy reviews could appeal to children… and the list goes on. You name it and pretty much every other content type has the possibility of attracting children 12 and under… some content more than others. There’s literally very little that a child 12 and under might not consider watching.
The thing is, when someone decides to create a channel on YouTube, you must now consider if the content you intend to create might appeal to children 12 and under. If it’s generalized information without the use of explicit information, children could potentially tune in. Though, YouTube doesn’t allow true adult content on its platform.
Google’s lie has really put would-be channel creators into a huge bind with YouTube, plummeting the value of YouTube as a platform. For monetization, not only is there now the 1,000 subscriber hurdle you must get past and you must also have 14,000 views in a month, but now you must also be cognizant of the audience your content might attract. Even seemingly child-unfriendly content might draw in children unintentionally. If you interview the wrong person on your channel, you might find that you now have a huge child audience. Operating a YouTube Channel is a huge risk.
YouTube’s Value as a Platform
With this recent Google change, compounded by Google’s lie, the value of YouTube as a video sharing platform has significantly dropped. Not only did Google drop a bomb on its content creators, it has lied to not only the government, but to the public for years. With the FTC’s hand watching what you’re doing on YouTube, YouTube really IS moving towards “big government watching” as described in George Orwell’s book 1984. Why Google would allow such a deep level of governmental interference over its platform is a major problem, not just for Google, but for the computer industry as a whole. It’s incredibly chilling.
$42,530 per COPPA violation is not just small change you can pull out of your pocket. That’s significant bank. So much bank, in fact, that a single violation could bankrupt nearly any less than 100,000 subscriber channel on YouTube.
Not only do you have to overcome YouTube’s silly monetization hurdles, you must attempt to stay far away from the COPPA hurdle that YouTube has now foisted on you.
Google’s Mistake
Google did have a way to rectify and remediate this situation early. It’s called honesty. They could have simply fixed their platform to accurately protect and steer 12 and under away from its properties where they don’t belong. It could have stated that it did (and does) allow 12 and under to sign up.
If Google had simply been honest about 12 and under and allowed 12 and under to sign up, Google could have set up the correct processes from the beginning that would have allowed not only Google to become COPPA compliant, but by extension allow YouTube creators to remain compliant through Google’s tools. Google should have always remained in the business of protecting its creators from governmental interference. Yet, here we are.
In fact, the COPPA legislation allows for parental permission and consent and it’s not actually that hard to set up, particularly for a large organization like Google. For Google, in fact, it already has mechanisms it could leverage to attempt to obtain verifiable parental consent. If Google had chosen to setup and maintain a 12 and under verifiable parental consent program all along, YouTube content creators could have been left off of the hook. Instead, YouTube has given content creators the finger.
If YouTube content creators must share in Google’s lack of COPPA compliance, then content creators should equally share in a Google created parental consent system. Parental consent isn’t that hard to implement. Google could have spent its time building such a system instead of lying.
Trust and Lies
When companies as big as Google participate in lies of this magnitude, you should seriously question any business you do with such a company. Companies are supposed to be ethically bound to do the right thing. When companies don’t do the right ethical thing and perpetuate lies for years, everyone must consider how much you trust that company.
What else are they lying about? It’s difficult to trust someone who lies. Why is it any different when a company chooses to lie?
When that lie can cost you $42,530 per violation, that’s what comes out of lying. Google not only didn’t protect its content creators, it perpetuated a lie that has now left its content creators hanging out to dry.
This is why YouTube as a content creator platform is about as worthless as it can possibly be… not only for the lie and COPPA, but also the monetization clampdown from 2017-2018. Every year has brought another downside to YouTube and for 2019, it’s Google’s lie.
For large creators who have an entrenched large audience and who are making ad revenue bank from their audience (at least for the moment), I understand the dilemma to ditch YouTube. But, for those content creators who make maybe $5 a month, is it worth that $5 a month to risk $42,530 every time you upload a video? Worse, the FTC can go back through your back video catalog and fine you for every single video they find! That’s a lot of $42,530 fines, potentially at least one per video. Now that’s risky!
Solutions
There are solutions. The biggest solution, ditch YouTube for other video platforms such as Facebook, SnapChat, Vimeo or DailyMotion. If you’re live streaming, there’s YouNow, Twitch and Mixer. You’re not beholden to YouTube to gain an audience and following. In fact, with the huge black COPPA cloud now permanently hanging over YouTube, it’s only a matter of time before the FTC starts its tirade and cements what I’m saying here in this article. For small and medium sized creators, particularly brand new creators, it’s officially time to give YouTube the (just as Google has given us the
). It’s long past time to ditch YouTube and to find an alternative video sharing platform. You might as well make that one a 2020 New Year’s resolution. Let’s all agree that YouTube is officially dead and move on.
Just be sure to read the fine print of whatever service you are considering using. For example, Twitch’s terms and conditions are very explicit with regards to age… no one under 13 is permitted on Twitch. If only Google had been able to actually maintain that reality instead of lying about it for nearly 20 years.
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