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Culture War Roundup for the week of January 19, 2026

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(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:

Advertising is whenever party A pays party B to give unsolicited information to party C.

(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):

  • Party A will presumably be some corporation. What if they hire another firm to build a website for them? Is that now illegal? No: because the website design is only given to party A. Party B (here the design firm) is not communicating with party C.
  • Is hosting a corporate website now illegal? No: because party C has specifically solicited the specific information by typing in the URL, following a link, etc...
  • Is posting a positive review of some product now illegal? Not if you didn't get paid for it.
  • Are Google ads ok because the user "solicited" the results when they ran the search? No. The solicitation must be "reasonably" specific. A keyword doesn't count (unless maybe if it is something explicit like the name of the company but any decent search engine would already surface those results without side-payments...).
  • What about trailers before movies? This one is interesting. Theaters could advertise two show times. The time when the movie actually starts and a period before when trailers are showing. If you show up early, you've effectively solicited trailers. Does this break my own argument? I'm not sure... Either way, studios paying to show trailers would be in the gray zone at least.

So, what is illegal?

  • Spam (unsolicited marketing emails but not emails that you signed up for). Unless the spammers are doing it out of the goodness of their hearts...
  • Google, Youtube, Meta, parts of Amazon (the sponsored results at least), etc.... Pretty much any ad-supported business model is now illegal.
  • Ads in newspapers. Product placement in movies, etc...
  • Those annoying sales people who call you out of the blue.
  • The entire fashion industry?

Why do I want this?

  • The obvious reasons: ads are annoying and obnoxious and degrade the general experience of the web. And I genuinely do believe that lots of marketing just serves to mislead and manipulate.
  • A deeper reason is that once one company starts using ads, the rest have to follow or get drowned out. This turns into a soft marketing war and leads to misallocation of resources (into advertising dollars from other productive uses). This is why crowding out good information is an important part of the theory of harm.

Possible objections?

  • Marketing is just efficiently getting information to the user! This is obviously nonsense to me. We live in a completely information saturated environment. A world with Wikipedia and (non-sponsored) Amazon results cannot possibly be reliant on ads to get enough information to the user.
  • First amendment concerns: I'm on the record as rather blasé about freedom of speech so I don't really care? But many people on this website do so I'll say: no party is being restricted from saying whatever they want, just restricted from using a sock-puppet to do it.
  • Difficulty of definition/enforcement: I think I gave a decent definition above (but I'm not an expert so comments welcome!). Enforcement will I think be doable in the important cases at least because marketing by its very nature needs to be noticeable.

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.

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.

This seems unnecessarily defeatist. The law is ultimately semi-formalised human judgements, and humans are perfectly capable of making judgements without rigid rubrics. You just need a 'safe zone' of examples that are fine, a 'lawless zone' of examples that are not fine, and a 'here be dragons' zone in between. The reason that megacorps frolic so happily is that lawyers are too lawyer-brained to actually apply the spirit of the law when working out loopholes in the letter of it is so much more fun and rewarding, and because governments don't actually want to apply it. When they do want to apply it, suddenly the corps fall in line.

But if you make any mistake in your 'safe zone' that's still effectively a loophole. How do you let Coca Cola link you to their shop with a bunch of products and merchandise on their own website (which I expect you intend since it's "opt in") but not allow Amazon to link you to their shop and products during a Twitch stream on their own website? (which I expect you don't intend, because even though you've opted into a Twitch stream you didn't intend to opt into the Amazon store)

Keeping in mind that you can't just take the state of the world as it exists right now this very instant, you have to draw the categories in a way that fundamentally cannot be worked around? If the law says "you can only advertise your own products on your own website" then the Lawyers don't need to do anything, they've already won because you forgot the websites are owned by the same company (and they could just as easily have made them the same website). There's no infraction of the law for the government to enforce because they're not breaking the law, it's just badly written.

How do you make it stronger without accidentally crushing normal people just trying to honestly sell things?

even though you've opted into a Twitch stream you didn't intend to opt into the Amazon store

That's how. Like, Amazon and Twitch are separate brands and people use them for separate things, and everybody with eyes can see that. It's not a grand political dilemma like the Minneapolis car incident.

The 'safe zone' is 'you make cola and you advertise your own cola'. The bad zone is 'you run an advertising agency'. 'you make cola but you advertise life insurance from your life insurance subsidiary' is well within 'here be dragons' and you're risking serious issues. It's like when you threaten massive fines for disinformation and everyone bans anything that could even possibly look like something government might consider disinfo. You don't actually have to tolerate autistic winkling out of loopholes.

How do you make it stronger without accidentally crushing normal people just trying to honestly sell things?

Could you give some examples? My model of the world is broadly 'if people want what you are trying to sell, they will go looking for it'. If people buy something and they like it, they tell their friends or they write reviews (I am okay with free samples to review sites etc.). But the idea that 'no, you don't know you want this yet' is IMO a lie that advertisers and salesmen tell themselves and deserves very short thrift.

That's how. Like, Amazon and Twitch are separate brands and people use them for separate things, and everybody with eyes can see that. It's not a grand political dilemma like the Minneapolis car incident.

https://www.twitch.amazon.com

Whose brand does such a website fall under? Does it change if we switch the word order?

The convention is that it's www.subnet.host.com. So you might have maps.google.com or auth.google.com or search.alphabet.com. If Amazon is acting as a large supercorp providing many services, and Twitch is a provider of streaming, then people on twitch.amazon.com or amazon.twitch.com are on that site for streaming. If they were there to be sold things they would be on shopping.amazon.com or the reverse.

(In today's internet you pay for the xxx.com domain name, but you can subdivide that domain into as many yyy.xxx.com subnets as you want. Doing it the other way round would be incredibly expensive.)

If Twitch and Amazon are both big messy things full of subsidiaries and you are advertising everything everywhere then you are in the realm of 'play stupid games, win stupid prizes' and you should fix your org chart.

The host/domain ordering has always struck me as backwards from pretty much everything else, like file system paths. In fact, URLs are frequently https://specific.to.general/general/to/specific?veryspecific. I wish I knew why they thought that made sense.

I imagine because the practice of selling domains as domain.com came in long before people used subdomains.

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