“You Think You Know How Misinformation Spreads? Welcome to the Hellhole of Programmatic Advertising”

Steven Brill in Wired:

In 2019, other than the government of Vladimir Putin, Warren Buffett was the biggest funder of Sputnik News, the Russian disinformation website controlled by the Kremlin. It wasn’t that the legendary champion of American capitalism had an alter ego who woke up every morning wondering how he could help finance Vladimir Putin’s global propaganda network. It was because Geico, the giant American insurance company and subsidiary of Buffett’s Berkshire Hathaway, was the leading advertiser on the American version of Sputnik News’ global website network.

Nor was it because a marketing executive at Geico had decided that advertising on the Russian disinformation outlet was a good idea. That would have been especially unlikely, not only because of the Buffett connection, but also because Geico stands for Government Employees Insurance Company and has its roots dating to the 1930s, providing insurance to civilians and members of the military who worked for the American government, not its Russian adversary.

In fact, no one at Geico or its advertising agency had any idea its ads would appear on Sputnik, let alone what anti-American content would be displayed alongside the ads. How could they? Which person or army of people at Geico or its agency could have read 44,000 websites?

Geico’s ads had been placed through a programmatic advertising system that was invented in the late 1990s as the internet developed. It exploded beginning in the mid 2000s and is now the overwhelmingly dominant advertising medium. Programmatic algorithms, not people, decide where to place most of the ads we now see on websites, social media platforms, mobile devices, streaming television, and increasingly hear on podcasts. The numbers involved are mind-boggling. If Geico’s advertising campaign were typical of programmatic campaigns for broad-based consumer products and services, each of its ads would have been placed on an average of 44,000 websites, according to a study done for the leading trade association of big-brand advertisers.

Geico is hardly the only rock-solid American brand to be funding the Russians. During the same period that the insurance company’s ads appeared on Sputnik News, 196 other programmatic advertisers bought ads on the website, including Best Buy, E-Trade, and Progressive insurance. Sputnik News’ sister propaganda outlet, RT.com (it was once called Russia Today until someone in Moscow decided to camouflage its parentage), raked in ad revenue from Walmart, Amazon, PayPal, and Kroger, among others….

There are multiple arguments contradicting the assumption that where ads run makes no difference, including studies showing that people respond more positively to advertising that appears on websites and in other media that they take seriously. Yet programmatic advertising has thrived based on the central belief that all impressions aimed at the right target are equally valuable. So, if Sputnik News is selling an impression for less than a legitimate local newspaper is asking for it, Sputnik will win the auction. It’s a perpetual, instantaneous race to the bottom. If the bid for an impression on the Santa Monica Observer—a hoax website that ran a phony story about Nancy Pelosi’s husband, Paul, being with a male prostitute when he was brutally attacked last year—is lower than the bid offered for an ad on an article that tells the real story of what happened to Pelosi published by the San Francisco Chronicle, which pays real reporters to write real stories, then Hertz’s ad will be on the Observer story. As, indeed, it was.

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“Ohio Legislature Passes Bill Ensuring Biden’s Spot on the Ballot”

NYT:

The Ohio General Assembly has passed a legislative fix that ensures President Biden will be on the state’s ballot in November, averting a crisis that had been brewing for weeks over what is typically a minor procedural issue.

The secretary of state in Ohio, a Republican, had said that he planned to exclude Mr. Biden from the ballot because the president would not be officially nominated by his party until after a state deadline for certifying presidential nominees. That had threatened the possibility that the president would not be on the ballot in all 50 states.

The General Assembly resolved the issue by passing a bill that pushes back the deadline to accommodate the date of the Democratic nominating convention. Gov. Mike DeWine, a Republican, is expected to sign the bill over the weekend, pending a legal review, according to a spokesman…

But the solution proposed in the Ohio Legislature was entangled in a separate partisan clash over foreign donations. The General Assembly adjourned last week without a fix in place, after the Ohio Senate, which is controlled by Republicans, advanced a bill that would have resolved the issue but included a partisan measure banning foreign money in state ballot initiatives. Democrats opposed that measure, and the speaker of the Ohio House did not take it up before the chamber adjourned.

Mr. DeWine then called a special legislative session to fix the problem, saying that legislators had failed “to take action on this urgent matter.” The General Assembly ultimately adopted two bills, one that fixed the ballot issue and another that banned donations in support of state ballot initiatives from foreign nationals, including immigrants with green cards.

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“Likely Trump Hush Money Appeal Could Center on New York Election Law Theory”

National Law Journal:

Erica Hashimoto, who directs the Georgetown Law Appellate Litigation Program, said Trump’s appellate lawyers could challenge the three “unlawful means” that the jury was told to consider. These three are violations of the Federal Election Campaign Act, which limits corporations’ direct contributions to candidates; the falsification of other business records; and violation of tax laws.

The jury did not have to agree on which of the three Trump employed to convict the former president.

“And so if [Trump’s attorneys] can knock out even one of those [on appeal], then I think the whole thing has to go back for a new trial,” Hashimoto said.She added that the New York Election Law has been “very rarely used” and courts have not had many opportunities to interpret it.

“There’s not a lot of case law out there on this election interference New York state law,” Hashimoto said. “And so I think that there are legal arguments surrounding that.”…

Eric Gibson, principal and chair at Post & Schell, said the prosecution’s theory is strong on that front.

The government would likely argue on appeal that the New York Legislature intended for the law against falsifying business records to be read broadly, allowing FECA violations to be considered “another crime,” he said.

“Why would the legislature limit themselves unnecessarily?” Gibson said.

“Why would it be okay for a defendant to falsify records he’s required to maintain for his New York businesses in New York [in order] to cover up criminal activity if the crime is a federal offense?,” Gibson said. “But if the same defendant does the exact same thing to cover up a New York crime, he’s held accountable? That can’t be what they intended.”

Any appeal would almost certainly not be resolved until after the November presidential election.

Richard Schoenstein, vice chair of Tarter, Krinsky & Drogin’s litigation practice, said the prosecution’s merger of state and federal statutes to turn the misdemeanor into a felony is “the most interesting legal point.” But Schoenstein does not necessarily see success in challenging it on appeal.

“I think the odds are against getting the conviction reversed,” he said. “But there are genuine issues.”

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Randy Eliason: “I Was Skeptical of the ‘Zombie’ Trump Case. I Stand Corrected.”

NYT oped:

When it came to the New York prosecution of Donald Trump, I was skeptical.

I was among the commentators who criticized the case. It was old, the so-called zombie case that had been kicking around for years. It appeared to rest on several untested and controversial legal theories. It seemed like a relatively trivial bookkeeping charge, unworthy of a prosecution of a former president.

But I have to hand it to the Manhattan prosecutors. Over the course of this trial, they convinced me — as they clearly and overwhelmingly convinced the jury. There will be an appeal, of course, and Mr. Trump may have some persuasive legal arguments.

But the jury’s quick decision reinforces the district attorney’s view that this was a righteous prosecution and about much more than mere accounting entries…

I think the prosecutors took a tough case and put on a seamless, coherent and persuasive presentation. But I also think that even the prosecutors, if they were being candid, would agree they got an assist.

The defense case, like Churchill’s infamous pudding, had no theme. The defense didn’t have to prove anything, but Mr. Trump’s lawyers failed to suggest any coherent, alternative explanation of events that might have raised a reasonable doubt in the minds of one or more jurors.

The defense might have had a shot with a targeted argument, admitting to an indiscretion with Ms. Daniels and the hush-money payment but insisting that the state had failed to prove that Mr. Trump knew his company’s internal bookkeeping documents were false or that he caused them to be made with intent to cover up another crime….

In presiding over the case, Justice Juan Merchan largely accepted the prosecution’s legal theories. Within that legal framework, the prosecutors did a great job presenting their case, just as the judge did in handling the trial. But I think some of those legal theories are potentially vulnerable.

There are questions about the proper meaning of intent to defraud under New York law, and whether that standard could be met by these internal documents. There’s a potential issue with using a federal campaign finance law as the basis for turning a state misdemeanor into a felony. This case raised these and other novel questions, and the defense will now have a chance to argue those questions before a higher court….

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Publisher of “2000 Mules” Film Depicting Bogus Claims of Voter Fraud by Dinesh D’Souza and True the Vote Apologizes to Voter Falsely Accused of Fraud, Won’t Distribute Film Any Longer

When will people learn not to trust the fraudulent fraud squad? Via Tom Dreisbach: The publisher of @DineshDSouza's election conspiracy theory film and book "2,000 Mules" has issued an apology to a Georgia voter accused in the film of… Continue reading