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Notes -
(Does this count as CW? Happy to post it somewhere else if that would be more appropriate.)
I really liked the idea of banning advertising from this blog post (though the post itself is somewhat poorly written and light on the details). HN has a lively discussion of it. I've seen some mentions of this idea here and there but never a really good analysis on it. And I want to change that!
The first step is of course to tighten up the definitions. The most important is to define advertising. I would define it as:
(Maybe the resident lawyers here could have a crack at cleaning this up?)
The underlying theory of harm is that party C is getting inaccurate information designed (often very well designed) to manipulate them into a decision not in their interests. Note that crowding out good information is also very much part of the harm. If C is getting good information from sources not paid for it, it is reasonable that these unpaid sources won't put as much effort into disseminating information as sources paid to spread information (which presumably won't be as truthful due to the conflicting interests from party A).
To clean up potential fuzzy boundaries (I'm sure I've missed a bunch):
So, what is illegal?
Why do I want this?
Possible objections?
Any thoughts?
There is no way this is feasible to implement in a well-defined way. There are too many incredibly powerful incentives to find loopholes that the only way you'll close them down is by being so strict and draconian that you prohibit regular behavior. You won't be able to tighten the definitions without strangling the life out of them. Just taking what you've defined here, off the top of my head:
-What if party A advertises their own product on their own website without involving "Party B"? If that's not allowed you'll strangle all sorts of regular behavior. But if they are then now you have an incentive for companies to share ownership of streaming websites and create monopolies under one umbrella. Amazon owns Twitch, can they advertise Amazon products on Twitch? Because then everyone selling anything is going to want to use Amazon to list their products so that it can be advertised there. If you try to prohibit that by saying Twitch streamers count as "Party B" because they aren't official Amazon employees then Amazon will hire them as official employees. If you try to prohibit that by saying "Twitch and Amazon marketplace are different websites" then Amazon will merge them and annoyingly integrate them together enough to loophole whatever your law is. If you say "Amazon can't have their employees advertise for them" then nobody can do anything unless they're privately owned and the CEO designs their own website without hiring any employees, which is ridiculous.
The spirit of the law is clear, but you can't enforce the spirit of the law. You can only enforce the letter, and anything where a company is allowed to do their own advertising on their own platforms just encourages consolidation and rewards megacorps at the expense of all the small people. I suspect that if you try to add epicycles to close these loopholes then the megacorps will pay thousands of dollars to clever people who will work harder than the 5 minutes I spent here and find cleverer loopholes. Lobbying, free gifts and perks, wink wink nudge nudge, favors traded between supposed rivals, etc. We can't even keep money out of politics, we're not going to keep money out of advertising. Any attempts to do so are inevitably going to be 10% intended benefit and 90% collateral damage.
Sort of. But if you're constantly tangling people up in the courts over technicalities the way this would you've already failed. If people are breaking the letter of the law and only getting by by the good graces of juries then that's just further incentives for corporations to virtue signal and get entangled in the culture war to make people side with them.
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