Watch: The Future of Content Moderation Online

Annie Burford

Annie Burford is dot.LA's director of events. She's an event marketing pro with over ten years of experience producing innovative corporate events, activations and summits for tech startups to Fortune 500 companies. Annie has produced over 200 programs in Los Angeles, San Francisco and New York City working most recently for a China-based investment bank heading the CEC Capital Tech & Media Summit, formally the Siemer Summit.

Watch: The Future of Content Moderation Online

As Big Tech cracks down on moderation after the Capitol attack and Wall Street braces for more fallout from social media's newfound influence on stock trading, legislators are eyeing changes to Section 230 of the Communications Decency Act of 1996. On Wednesday, February 10, dot.LA brought together legal perspectives and the views of a founder and venture capitalist on the ramifications of changing the way that social media and other internet companies deal with the content posted on their platforms.

A critic of Big Tech moderation, Craft Ventures General Partner and former COO of PayPal David Sacks called for an amendment of the law during dot.LA's Strategy Session Wednesday. Tyler Newby and Andrew Klungness, both partners at law firm Fenwick, laid out the potential legal implications of changing the law.


Section 230 limits the liability of internet intermediaries, including social media companies, for the content users publish on their platforms.

"Mend it, don't end it," Sacks said.

Sacks said he's concerned about censorship in the wake of companies tightening moderation policies. In the case of Robinhood's recent decision to freeze users from trading certain stocks— including GameStop's — for a period of time, he said we're now seeing discussions about Big Tech's role in censorship unfold in nonpartisan settings.

"Who has the power to make these decisions?" he said. "What concerns me today is that Big Tech has all the power."

Social media sites including Twitter pulled down former President Trump's account after last month's attack on the U.S. Capitol. But critics have said that these sites didn't go far enough in stopping conversations that provoked the violence.

To provide some external standard, he called for the "reestablishment of some First Amendment rights in this new digital public square" — which is to say, on privately owned platforms.

Newby pointed to a series of recent bills aimed at reigning in the power of tech companies. Changes to moderation laws could have sweeping impacts on more companies than giants like Facebook or Twitter.

"It's going to have a huge stifling effect on innovation," said Klungness, referring to a possible drop in venture capital to new startups. "Some business models may be just simply too risky or may be impractical because they require real-time moderation of content."

And if companies are liable for how their users behave, Klungness said, some companies may never take the risk in launching these companies at all. "Some business models may be just simply too risky or may be impractical because they require real-time moderation of content," he said.

Watch the full discussion below.

Strategy Session: The Future of Content Moderation Online

David Sacks, Co-Founder and General Partner of Craft Ventures

David Sacks, Co-Founder and General Partner of Craft Ventures

David Sacks is co-founder and general partner at Craft. He has been a successful tech entrepreneur and investor for two decades, building and investing in some of the most iconic companies of the last 20 years. David has invested in over 20 unicorns, including Affirm, Airbnb, Bird, Eventbrite, Facebook, Houzz, Lyft, Opendoor, Palantir, Postmates, Reddit, Slack, SpaceX, Twitter and Uber.

In December 2014, Sacks made a major investment in Zenefits and became the company's COO. A year later, in the midst of a regulatory crisis, the Board asked David to step in as interim CEO of Zenefits. During his one year tenure, David negotiated resolutions with insurance regulators across the country, and revamped Zenefits' product line. By the time he left, regulators had praised David for "righting the ship", and PC Magazine hailed the new product as the best small business HR system.

David is well known in Silicon Valley for his product acumen. AngelList's Naval Ravikant has called David "the world's best product strategist." David likes to begin any meeting with a new startup by seeing a product demo.

Kelly O'Grady, Chief Correspondent & Host and Head of Video at dot.LA 

Kelly O'Grady is dot.LA's chief host & correspondent. Kelly serves as dot.LA's on-air talent, and is responsible for designing and executing all video efforts. A former management consultant for McKinsey, and TV reporter for NESN, she also served on Disney's Corporate Strategy team, focusing on M&A and the company's direct-to-consumer streaming efforts. Kelly holds a bachelor's degree from Harvard College and an MBA from Harvard Business School. A Boston native, Kelly spent a year as Miss Massachusetts USA, and can be found supporting her beloved Patriots every Sunday come football season.

Tyler Newby is a partner at Fenwick

Tyler Newby, Partner at Fenwick 

Tyler focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and consumer-facing companies. Tyler has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents. In addition to his litigation practice, Tyler regularly advises companies large and small on reducing their litigation risk on privacy, data security and secondary liability issues. Tyler frequently counsels companies on compliance issues relating to key federal regulations such as the Children's Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Computer Fraud and Abuse Act (CFAA), the Gramm Leach Bliley Act (GLBA), Electronic Communications Privacy Act (ECPA) and the Telephone Consumer Protection Act (TCPA).

In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. He currently serves as a Chair of the American Bar Association Litigation Section's Privacy & Data Security Committee, and was recently appointed to the ABA's Cybersecurity Legal Task Force. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification.

Andrew Klungness is a partner at Fenwick

Andrew Klungness, Partner at Fenwick 

Leveraging nearly two decades of business and legal experience, Andrew navigates clients—at all stages of their lifecycles—through the opportunities and risks presented by novel and complex transactions and business models.

Andrew is a co-chair of Fenwick's consumer technologies and retail and digital media and entertainment industry teams, as well as a principal member of its fintech group. He works with clients in a number of verticals, including ecommerce, consumer tech, fintech, enterprise software, blockchain, marketplaces, CPG, mobile, AI, social media, games and edtech, among others.

Andrew leads significant and complex strategic alliances, joint ventures and other collaboration and partnering arrangements, which are often driven by a combination of technological innovation, industry disruption and rights to content, brands or celebrity personas. He also structures and negotiates a wide range of agreements and transactions, including licensing, technology sourcing, manufacturing and supply, channel partnerships and marketing agreements. Additionally, Andrew counsels clients in various intellectual property, technology and contract issues in financing, M&A and other corporate transactions.

Sam Adams, Co-Founder and CEO of dot.LA

Sam Adams, Co-Founder and CEO of dot.LA 

Sam Adams serves as chief executive of dot.LA. A former financial journalist for Bloomberg and Reuters, Adams moved to the business side of media as a strategy consultant at Activate, helping legacy companies develop new digital strategies. Adams holds a bachelor's degree from Harvard College and an MBA from the University of Southern California. A Santa Monica native, he can most often be found at Bay Cities deli with a Godmother sub or at McCabe's with a 12-string guitar. His favorite colors are Dodger blue and Lakers gold.

http://www.linkedin.com/in/annieburford
annie@dot.la

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Here’s Why Streaming Looks More and More Like Cable

Lon Harris
Lon Harris is a contributor to dot.LA. His work has also appeared on ScreenJunkies, RottenTomatoes and Inside Streaming.
Here’s Why Streaming Looks More and More Like Cable
Evan Xie

The original dream of streaming was all of the content you love, easily accessible on your TV or computer at any time, at a reasonable price. Sadly, Hollywood and Silicon Valley have come together over the last decade or so to recognize that this isn’t really economically viable. Instead, the streaming marketplace is slowly transforming into something approximating Cable Television But Online.

It’s very expensive to make the kinds of shows that generate the kind of enthusiasm and excitement from global audiences that drives the growth of streaming platforms. For every international hit like “Squid Game” or “Money Heist,” Netflix produced dozens of other shows whose titles you have definitely forgotten about.

The marketplace for new TV has become so massively competitive, and the streaming landscape so oversaturated, even relatively popular shows with passionate fanbases that generate real enthusiasm and acclaim from critics often struggle to survive. Disney+ canceled Luscasfilm’s “Willow” after just one season this week, despite being based on a hit Ron Howard film and receiving an 83% critics score on Rotten Tomatoes. Amazon dropped the mystery drama “Three Pines” after one season as well this week, which starred Alfred Molina, also received positive reviews, and is based on a popular series of detective novels.

Even the new season of “The Mandalorian” is off to a sluggish start compared to its previous two Disney+ seasons, and Pedro Pascal is basically the most popular person in America right now.

Now that major players like Netflix, Disney+, and WB Discovery’s HBO Max have entered most of the big international markets, and bombarded consumers there with marketing and promotional efforts, onboarding of new subscribers inevitably has slowed. Combine that with inflation and other economic concerns, and you have a recipe for austerity and belt-tightening among the big streamers that’s virtually guaranteed to turn the smorgasbord of Peak TV into a more conservative a la carte offering. Lots of stuff you like, sure, but in smaller portions.

While Netflix once made its famed billion-dollar mega-deals with top-name creators, now it balks when writer/director Nancy Meyers (“It’s Complicated,” “The Holiday”) asks for $150 million to pay her cast of A-list actors. Her latest romantic comedy will likely move over to Warner Bros., which can open the film in theaters and hopefully recoup Scarlett Johansson and Michael Fassbender’s salaries rather than just spending the money and hoping it lingers longer in the public consciousness than “The Gray Man.”

CNET did the math last month and determined that it’s still cheaper to choose a few subscription streaming services like Netflix and Amazon Prime over a conventional cable TV package by an average of about $30 per month (provided you don’t include the cost of internet service itself). But that means picking and choosing your favorite platforms, as once you start adding all the major offerings out there, the prices add up quickly. (And those are just the biggest services from major Hollywood studios and media companies, let alone smaller, more specialized offerings.) Any kind of cable replacement or live TV streaming platform makes the cost essentially comparable to an old-school cable TV package, around $100 a month or more.

So called FAST, or Free Ad-supported Streaming TV services, have become a popular alternative to paid streaming platforms, with Fox’s Tubi making its first-ever appearance on Nielsen’s monthly platform rankings just last month. (It’s now more popular than the first FAST service to appear on the chart, Paramount Global’s Pluto TV.) According to Nielsen, Tubi now accounts for around 1% of all TV viewing in the US, and its model of 24/7 themed channels supported by semi-frequent ad breaks couldn’t resemble cable television anymore if it tried.

Services like Tubi and Pluto stand to benefit significantly from the new streaming paradigm, and not just from fatigued consumers tired of paying for more content. Cast-off shows and films from bigger streamers like HBO Max often find their way to ad-supported platforms, where they can start bringing in revenue for their original studios and producers. The infamous HBO Max shows like “The Nevers” and “Westworld” that WBD controversially pulled from the HBO Max service can now be found on Tubi or The Roku Channel.

HBO Max’s recently-canceled reality dating series “FBoy Island” has also found a new home, but it’s not on any streaming platform. Season 3 will air on TV’s The CW, along with a new spinoff series called (wait for it) “FGirl Island.” So in at least some ways, “30 Rock” was right: technology really IS cyclical.

As TikTok Faces a Ban, Competitors Prepare to Woo Its User Base

Kristin Snyder

Kristin Snyder is dot.LA's 2022/23 Editorial Fellow. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.

As TikTok Faces a Ban, Competitors Prepare to Woo Its User Base
Evan Xie

This is the web version of dot.LA’s daily newsletter. Sign up to get the latest news on Southern California’s tech, startup and venture capital scene.

Another day, another update in the unending saga that is the potential TikTok ban.

The latest: separate from the various bills proposing a ban, the Biden administration has been in talks with TikTok since September to try and find a solution. Now, having thrown its support behind Senator MarkWarner’s bill, the White House is demanding TikTok’s Chinese parent company, ByteDance, sell its stakes in the company to avoid a ban. This would be a major blow to the business, as TikTok alone is worth between $40 billion and $50 billion—a significant portion of ByteDance’s $220 billion value.

Clearly, TikTok faces an uphill battle as its CEO Shou Zi Chew prepares to testify before the House Energy and Commerce Committee next week. But other social media companies are likely looking forward to seeing their primary competitor go—and are positioning themselves as the best replacement for migrating users.

Meta

Last year, The Washington Post reported that Meta paid a consulting firm to plant negative stories about TikTok. Now, Meta is reaping the benefits of TikTok’s downfall, with its shares rising 3% after the White House told TikTok to leave ByteDance. But this initial boost means nothing if the company can’t entice creators and viewers to Instagram and Facebook. And it doesn’t look promising in that regard.

Having waffled between pushing its short-form videos, called Reels, and de-prioritizing them in the algorithm, Instagram announced last week that it would no longer offer monetary bonuses to creators making Reels. This might be because of TikTok’s imminent ban. After all, the program was initially meant to convince TikTok creators to use Instagram—an issue that won’t be as pressing if TikTok users have no choice but to find another platform.

Snap

Alternatively, Snap is doing the opposite and luring creators with an ad revenue-sharing program. First launched in 2022, creators are now actively boasting about big earnings from the program, which provides 50% of ad revenue from videos. Snapchat is clearly still trying to win over users with new tech like its OpenAI chatbot, which it launched last month. But it's best bet to woo the TikTok crowd is through its new Sounds features, which suggest audio for different lenses and will match montage videos to a song’s rhythm. Audio clips are crucial to TikTok’s platform, so focusing on integrating songs into content will likely appeal to users looking to recreate that experience.

YouTube

With its short-form ad revenue-sharing program, YouTube Shorts has already lured over TikTok creators. It's even gotten major stars like Miley Cyrus and Taylor Swift to promote music on Shorts. This is likely where YouTube has the best bet of taking TikTok’s audience. Since TikTok has become deeply intertwined with the music industry, Shorts might be primed to take its spot. And with its new feature that creates compiles all the videos using a specific song, Shorts is likely hoping to capture musicians looking to promote their work.

Triller

The most blatant attempt at seducing TikTok users, however, comes from Triller, which launched a portal for people to move their videos from TikTok to its platform. It’s simple, but likely the most effective tactic—and one that other short-form video platforms should try to replicate. With TikTok users worried about losing their backlog of content, this not only lets users archive but also bolsters Triller’s content offerings. The problem, of course, is that Triller isn’t nearly as well known as the other platforms also trying to capture TikTok users. Still, those who are in the know will likely find this option easier than manually re-uploading content to other sites.

It's likely that many of these platforms will see a momentary boost if the TikTok ban goes through. But all of these companies need to ensure that users coming from TikTok actually stay on their platforms. Considering that they have already been upended by one newcomer when TikTok took over, there’s good reason to believe that a new app could come in and swoop up TikTok’s user base. As of right now, it's unclear who will come out on top. But the true loser is the user who has to adhere to the everyday whims of each of these platforms.

https://twitter.com/ksnyder_db

We Asked Our Readers How They’re Using AI in a Professional Setting. Here's What They Said

Decerry Donato

Decerry Donato is a reporter at dot.LA. Prior to that, she was an editorial fellow at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.

We Asked Our Readers How They’re Using AI in a Professional Setting. Here's What They Said
Evan Xie

According to Pew Research data, 27% of Americans interact with AI on a daily basis. With the launch of Open AI’s latest language model GPT-4, we asked our readers how they use AI in a professional capacity. Here’s what they told us:

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