"Regulatory capture" is one of those concepts that can seem nebulous and abstract. How can you *really* know when a regulator has failed to protect you because they were in bed with the companies they were supposed to be regulating, and when this is just because they're bad at their job. "Never attribute to malice," etc etc.
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Cory Doctorow
in reply to Cory Doctorow • • •If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
pluralistic.net/2025/12/01/eri…
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Pluralistic: Meta’s new top EU regulator is contractually prohibited from hurting Meta’s feelings (01 Dec 2025) – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
The difficulty of pinning down real instances of regulatory capture is further complicated by the arguments of right-wing economists, who claim that regulatory capture is inevitable, that companies will always grow to the point where they can overpower the state and use it to shut down smaller companies before they can become a threat.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
They use this as an argument for abolishing *all* regulation, rather than, you know, stopping monopolies from growing until they are more powerful than the state:
pluralistic.net/2022/06/05/reg…
Despite this confusion, there are times when regulatory capture is anything *but* subtle. Especially these times, when the corporate world, spooked by the pandemic-era surge in antitrust enforcement, have launched a gloves-off/mask-off offensive to simply take over their governments.
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Regulatory Capture – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
They've abandoned any pretext of being responsive to democratically accountable processes or agencies.
You've got David Sacks, Trump's billionaire AI czar, who is directing American AI policy while holding (hundreds of?) millions of dollars worth of stock in companies that stand to directly benefit from his work in the US government:
nytimes.com/2025/11/30/technol…
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Sacks has threatened the *New York Times*, demanding that they "abandon" the story about his conflicts of interest:
protos.com/david-sacks-sends-s…
And he's hired the law-firm that is at the center of a decades-long open conspiracy to end press freedom in America, bankrolled and overseen by the same people who planned and executed the destruction of American abortion rights:
pluralistic.net/2025/03/17/act…
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David Sacks sends silly legal threat to the New York Times
Mark Toon (Protos)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
This isn't a strictly US affair, either. In the UK, Prime Minister Keir Starmer rang in 2025 by firing the country's top competition regulator and replacing him with the former head of Amazon UK, one of the country's most notorious monopolists, whose tax evasion, labor abuses, and anticompetitive mergers and tactics had been on the Competition and Markets Authority's agenda for years:
pluralistic.net/2025/01/22/aut…
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Pluralistic: Keir Starmer appoints Jeff Bezos as his “first buddy” (22 Jan 2025) – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Today, this same swindle is playing out in Canada. Competition Commissioner Matthew Boswell - recently endowed with the most sweeping enforcement powers of any competition regulator in the world - resigned early. Now, Canada's monopolists are openly calling for one of their own top execs to take over the office for the next five years, citing a bizarre Canadian tradition of alternating between civil servants and revolving-door corporate insiders in turn:
donotpassgo.ca/p/competition-c…
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Competition Commissioner Matthew Boswell calls it quits early
Do Not Pass Go by Peter Nowak (Do Not Pass Go)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
However, there is one country that always, always brings home the gold in the Regulatory Capture Olympics: Ireland. Ireland had the misfortune to establish itself as a tax haven, meaning it makes pennies by helping the worst corporations in the world (especially US Big Tech companies) hide billions from global tax authorities. Being a tax haven sucks, because tax havens must *also* function as *crime* havens.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
After all, the tech companies that pretend to be Irish have no loyalty to the country - they are there solely because Ireland will help them cheat the rest of the world. What's more, any company that can hire lawyers to do the paperwork to let it pretend that it's Irish this week could pay those lawyers to pretend that it is Cypriot, or Maltese, or Dutch, or Luxembourgeois next week.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
To keep these American companies from skipping town, Ireland must bend its entire justice system to the facilitation of *all* of American tech companies' crimes.
Of course, there is no class of crime that American tech companies commit more flagrantly or consequentially than the systematic, ruthless invasion of our privacy.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Nine years ago, the EU passed the landmark General Data Protection Regulation (GDPR), a big, muscular privacy law that bans virtually all of the data-collection undertaken by America's tech companies. However, because these companies pretend they are Irish, they have been able to move all GDPR enforcement to Ireland, where the Data Protection Commissioner could always be relied upon to let these companies get away with murder:
pluralistic.net/2023/05/15/fin…
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Pluralistic: Ireland’s privacy regulator is a gamekeeper-turned-poacher (15 May 2023) – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
If you have formed the (widespread) opinion that the GDPR is worse than useless, responsible for nothing more than an endless stream of bullshit "cookie consent" pop-ups, blame the Irish DPC. American tech companies have pretended that they are allowed to substitute these cookie popups for doing the thing the GDPR demands on them (not spying on you at all).
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
This is an obvious violation of the GDPR, and the only way an enforcer could possibly fail to see this is if they served a government whose entire economy depended on keeping Mark Zuckerberg, Tim Cook and Sundar Pichai happy. It's impossible to explain something to a regulator when their paycheck depends on them not understanding it.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Incredibly, Ireland has found a way to make this awful situation *even worse*. They've appointed Niamh Sweeney, an ex-Meta lobbyist, to the role of Irish Data Protection Commissioner. Her resume includes "six years at Meta, according to her LinkedIn profile. She was head of public policy, Ireland for Facebook before becoming WhatsApp’s director of public policy for Europe, Middle East and Africa":
irishtimes.com/business/2025/0…
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Ex-tech lobbyist named as Ireland’s new Data Protection Commissioner
Peter Flanagan (The Irish Times)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
In their complaint to the European Commission, the Irish Council for Civil Liberties lays out a devastating case against Sweeney's fitness to serve - the fact that she has broad, deep, obvious conflicts of interest that should automatically disqualify her from the role:
iccl.ie/digital-data/complaint…
Among other things, Meta execs - like Sweeney - are given piles of stock options and shares in the company.
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Complaint v Ireland to European Commission re process appointing ex-Meta lobbyist as Data Protection Commissioner
Johnny Ryan (Irish Council for Civil Liberties)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
The decisions that Sweeney will be called upon to make as DPC will have a significant and lasting negative effect on Meta's stocks - if Meta is banned from surveilling 500m affluent European consumers, they will make a *lot* less money.
But that's just for starters. Meta execs also sign contracts that bind them to:
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
* Nondisparagement: ex-Meta executives are permanently barred from "making any disparaging, crucial or otherwise detrimental comments to any person or entity concerning [Meta's] products, services or programs; its business affairs, operation, management and financial condition..."
* Nondisclosure: ex-Meta executives are broadly prohibited from discussing their employment, or disclosing the things they learned while working at the company.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
* Forced arbitration: if Meta believes that a former exec has violated these clauses, they can order the former exec to be silent, and bill them tens of thousands of dollars every time they speak out. Former executives sign away the right to contest these fines and orders in front of a judge; instead, all claims are heard by an "arbitrator" - a corporate lawyer who is paid by Meta and is in charge of deciding whether Meta (who pays their invoices) is right or wrong.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
We know about these contractual terms because they have been applied to Sarah Wynn-Williams, a former top Meta exec who published a whistleblower memoir, *Careless People*, which discloses many of Meta's most terrible practices, from systemic sexual harassment at the highest echelon to a worldwide surveillance collaboration with the Chinese government to complicity in the Rohingya genocide.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Then there's the fact that Mark Zuckerberg cheats at Settlers of Catan and his underlings let him win:
pluralistic.net/2025/04/23/zuc…
Meta dragged Wynn-Williams in front of Meta's pet arbitrator over the statements in her book (without disputing their truthfulness). The arbitrator has fined Wynn-Williams $111,000,000 for speaking out ($50,000 per violation), and has barred her from promoting her book in any way.
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Pluralistic: Sarah Wynn-Williams’s ‘Careless People’ (23 Apr 2025) – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
The company has ordered her not to testify before the US Congress or the UK Parliament. The clauses in Wynn-Williams contract are very similar (if not identical) to the clauses that the US National Labor Relations Board ruled unenforceable:
hcamag.com/us/specialization/e…
Wynn-Williams appeared on stage with me last month at London's Barbican Centre, in a book-tour event moderated by Chris Morris.
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NLRB rules Meta's 7,200 confidentiality agreements unlawful
Matthew Sellers (HRD America)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Whenever we talked about Meta or *Careless People*, Wynn-Williams would fall silent and assume a blank facial expression, lest she make another statement that would result in Meta seeking another $50,000 from her under the terms of her contract.
In their complaint to the EU, ICCL raises the extremely likely probability that Sweeney is bound by the same contractual terms as Wynn-Williams.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
That means Meta's top regulator in Ireland, the country Meta pretends to be based in, will be contractually prohibited from saying things that make Zuckerberg feel bad about himself.
This isn't just a matter for Ireland. Given the nature of European federalism, most of Meta's violations of European privacy laws will start with the Irish DPC - in other words, all 500,000,000 Europeans will be forced to complain to someone who is legally barred from upsetting Zuck's digestion.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Tax havens are a global scourge. By allowing American tech companies to evade their taxes around the world, Ireland is complicit in starving countries everywhere of tax revenue they are properly owed. Perhaps even worse than this, though, is the fact that these cod-Irish American companies can always out-compete their domestic rivals all over the world, because those companies have to pay tax, while Meta does not.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Ireland has been every bit as important in exporting US Big Tech around the world as the US has been.
But Ireland has another key export, one that is confined to the European Union. Because every tax haven must be a crime haven, and because Big Tech's favorite crime is illegal surveillance, Ireland has exported American tech spying to the whole European Union.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
That's how things stand today, and how they've stood since the passage of the GDPR. If you'd asked me a year ago, I would have said that this is as terrible as things could get. But now that Ireland has put an ex-Meta exec in charge of deciding whether Meta is invading Europeans' privacy, without confirming whether this dingo babysitter *is even allowed to criticize Meta*, it's clear that things could get much worse than I ever imagined.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
I'm on a tour with my new book, the international bestseller *Enshittification*!
Catch me next in #SanDiego (TONIGHT!), #Seattle, and #Madison, CT!
Full schedule with dates and links at:
pluralistic.net/tour
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Pluralistic: Announcing the Enshittification tour (30 Sep 2025) – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
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Image:
Cryteria (modified)
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File:HAL9000.svg - Wikimedia Commons
commons.wikimedia.orgKevin Russell
in reply to Cory Doctorow • • •Sensitive content
Facade
in reply to Cory Doctorow • • •Sensitive content
action.openmedia.org/page/1822…
Canada needs a monopoly buster!
action.openmedia.orgCory Doctorow reshared this.
Cory Doctorow
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Pluralistic: Normie diffusion and technophilia (27 Nov 2025) – Pluralistic: Daily links from Cory Doctorow
Cory Doctorow (Pluralistic: Daily links from Cory Doctorow)Cykonot
in reply to Cory Doctorow • • •if capital flows between entities associated with either party exist, that is impropriety.
Eg: your brother is on the board of a firm whose principle shareholders have substantial investments which are indirectly impacted by your regulatory behavior? Circumstances such as that are unacceptable & motivate corruption
I think the solution is to massively increase financial regulations. Common ownership should be banned; ownership must incentivize socially beneficial behavior
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Cykonot
in reply to Cykonot • • •Cykonot
in reply to Cykonot • • •Cykonot
in reply to Cykonot • • •we shouldn't care about these people's state of mind... The situations we allow to exist are inherently corrupt, and it doesn't matter what these biased and flawed human beings pretend
We have this ridiculous obsession with intent over impact, when laws should be based on outcomes. A law should require intent be considered ONLY IF that benefits society. Otherwise, I don't think it should
RESULTS matter, and intent should be considered only when it improves outcomes (more just etc)
Iwillyeah
in reply to Cory Doctorow • • •Cory Doctorow
in reply to Iwillyeah • • •@Iwillyeah @mastodonie More of my collages here:
flickr.com/photos/doctorow/alb…
Pluralistic collages
FlickrCory Doctorow
in reply to Cory Doctorow • • •Iwillyeah
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Cory Doctorow
in reply to Iwillyeah • • •geolaw
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