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1. One thing to realize is that not only are voters cynical, but so are policymakers. Why is that? Let me introduce you to "process trolling," a term coined by a friend in Congress. The goal of process trolling is to exhaust reformers. Here's how it works. https://mattstoller.substack.com/p/loser-antitrust-how-is-martin-shkreli
2. In 2015, the Senate Permanent Subcommittee on Investigations began an investigation into Backpage, the $500 million website known to be a hub for sex trafficking services. Put the policy substance aside, and look at the actual process for getting information.
3. In April 15, 2015, the subcommittee made its first request for information to Backpage. The corporation refused to comply.
In July, the subcommittee issued a subpoena.
In August, Backpage sent a letter saying it wouldn’t send any documents.
Five months in.
In July, the subcommittee issued a subpoena.
In August, Backpage sent a letter saying it wouldn’t send any documents.
Five months in.
4. In October, the subcommittee issued a more targeted subpoena. Backpage refused to comply, arguing it had a “first amendment right” not to answer the subpoena.
In Nov, the subcommittee ordered the CEO to appear. The CEO refused to show, citing business travel obligations.
In Nov, the subcommittee ordered the CEO to appear. The CEO refused to show, citing business travel obligations.
5. In February of 2016, the subcommittee sent a resolution directing the Senate Legal Counsel to bring a civil action to force Backpage to produce documents.
On March 17, the Senate—by a vote of 96-0—adopted the resolution.
On March 29, the subcommittee went to court.
On March 17, the Senate—by a vote of 96-0—adopted the resolution.
On March 29, the subcommittee went to court.
6. On April 26, Backpage filed its reponse in court. It has now been more than a year since the subcommittee first asked for documents.
On August 5, the court ruled in favor of the subcommittee. Backpage appealed, and asked for a six week delay for its appeal into September.
On August 5, the court ruled in favor of the subcommittee. Backpage appealed, and asked for a six week delay for its appeal into September.
7. The court grants Backpage an extension to October 10, and then another extension for Backpage to produce documents to November 18. We are now past the election. Backpage starts producing documents in September, does so into December.
Think about this process. 18 months.
Think about this process. 18 months.
8. It took 11 months to get from a Senate request for documents to a Senate vote to enforce a subpoena, and then another 7 months in the courts. There's two months to write a report. And all of this for a site that everyone knew was guilty of facilitating child sex trafficking.
9. As it turns out, Google was helping Backpage, by paying scholars and nonprofits like the Center for Democracy and Technology, the Electronic Frontier Foundation, the American Library Association, and the Competitive Enterprise Institute. https://fightthenewdrug.org/google-paid-in-support-of-backpage/
10. That's process-trolling, running the clock out on investigations so Congress can't get information or do something useful before the next election. https://mattstoller.substack.com/p/loser-antitrust-how-is-martin-shkreli
11. It's all fixable. Congress could make it much easier to issue and enforce subpoenas, and even more aggressively, they could take from the Supreme Court the authority to write the rules of civil procedure on Congressional subpoenas, so that judges have to act promptly.
12. Process trolling goes far beyond investigations, of course. It's about breaking the ability of public institutions to function, especially when they challenge the powerful. https://mattstoller.substack.com/p/loser-antitrust-how-is-martin-shkreli
13. For instance, New York Attorney General Leticia James is suing Martin Shkreli. Why? Because he's still price-gouging five years after he was exposed. This is largely because antitrust law has become a game of process trolling. https://mattstoller.substack.com/p/loser-antitrust-how-is-martin-shkreli
14. Voters have to get comfortable with politicians wielding power, and policymakers have to get comfortable with doing stuff and cutting through process trolling. It's the only way that democracy can actual deliver results. https://mattstoller.substack.com/p/loser-antitrust-how-is-martin-shkreli
