I bought an actual croissant that had been turned into a lamp by a Japanese artist who I found on the internet and she sent me a small bag of croutons made from the removed bread to make the lamp as a thank you and
MAN, WHAT A TIME TO BE ALIVE
I had a Very Bad experience with
@Hertz
over Thanksgiving.
This is what happened & the letter I wrote. We are totally fine, & our Thanksgiving ended up wonderful, but I suspect this is a fraudulent business practice, & I want to give it visibility for those who don't or can't.
Can I just state, on behalf of everyone everywhere whose mother KEPT HER MAIDEN NAME, how incredibly sexist it is that we assume "Mother's Maiden Name" is so secretive and hard to discover that it's a completely acceptable secondary form of identification.
Me, starting Internet Law class w/a joke: Guys, the last time this course was taught here the cutting edge case was Napster!
[blank stares]
Me, horrified: Wait. DO YOU KNOW WHAT NAPSTER IS?
[sheepish shaking of heads]
Me: I'M ONLY 34 I CAN'T ALREADY BE THAT PROFESSOR
Honestly did not write this up and post this letter for myself. I really did it because this was not just poor customer service or bad logistics.
It was extortion.
They had the cars, they wanted me to pay more for them. They said that to me at least 6 times.
UPDATE: I received a call a little after 5pm ET today from an executive customer service rep from Hertz's corporate office. They refunded me the entire amount I requested on my credit card.
When I asked how I would have ever resolved this if the tweet hadn't gone viral...
OK,
@elonmusk
, leave
@yoyoel
alone
The man’s life is upended by your trolling followers. He’s a good person, who did the most difficult gruesome work to make this platform safer & freer
To the last he’s given you nothing but kindness & benefit of the doubt
Call off your goons
TL;DR
Hertz refused to honor our contract, we had to call 20+ times, were hung up on 6 times, were 2 different locations that couldn't help us on our own dime, tried to make us pay $1800 for a new rental 4 times, and ended up making us pay $500+ over quoted price for a bad car
A number of their employees shared that this happens all the time, and I suspect it is by design to force higher payment when customers are most vulnerable. I also suspect the Kafkaesque customer service is part of this.
given that the only number I had left me consistently without recourse, and their complain form gave me an internal server error when I tried to use it.
She gave me an "executive" email to use for the future and said they endeavor to serve all customers equally.
@Hertz
Dear Donna-Bot,
Thank you but I did this the day all this was happening and got no reply! I just submitted this letter into the Black Box of your Customer Support Complaint Form it took me 17 minutes to find on your webpage!
Happy December,
Kate
FURTHER UPDATE:
Turns out I was wrong. What I saw on my credit card was the FINAL CHARGE going through, NOT a refund.
Which makes more sense given the rep said they would only refund the rental price difference of ~$500
Which has not shown up.
Small claims court here I come.
Thread for those who teach or study information privacy: So I gave my information privacy students (2Ls and 3Ls) a project for spring break, after we learned about anonymous speech, reasonable expectation of privacy, third party doctrine, and privacy by obscurity. 1/6
Today
@StJohnsLaw
faculty voted me tenure & promotion to Associate Professor
More than relief, I am overwhelmed with gratitude for all the people who helped me--with all my flaws & idiosyncrasies--find this career & life I love so much.
I will pay you back by paying it forward♥️
@KatiePhang
@Hertz
I mean they turned away 10 other people that I know of. I mean this has to be class actionable. Unless there's a clickthrough ADR . . . which now that I think about it there probably is.
Something big is happening at FB - employees are speaking out publicly against CEO Mark Zuckerberg’s decision not to remove Donald Trump’s posts glorifying violence
In the many years I’ve covered FB, I’ve never seen this kind of public criticism before
I don’t know if this is actually Hertz Customer Service calling me over and over and over 10 times in 6 minutes or a spoof call. But this is very weird and this # is now blocked.
As is typical of her work, this is a wonderful honest piece on mental health by
@Lenniesaurus
, a woman who I am very glad exists & continues to exist; who brightens & adds education to my day; who fights fights for herself but also for all of us ♥️♥️♥️
Being barraged by 1000s of messages of hate and harassment for a tweet in support of a friend and against EM.
Putting myself on private and stepping back.
This feels like GamerGate Twitter again and I hate it
Three degrees, dozens of bylines, years of therapy, countless assurances from friends and mentors.
And no one has done more to cure me of my imposter complex than Elon Musk.
Love the “Bear Markets are rare! Here’s an explainer!” stories right now.
If you’re between 30 and 40, you might recognize Bear Markets as just “the market you’ve lived through or been recovering from your entire employable life”
I had a Very Bad experience with
@Hertz
over Thanksgiving.
This is what happened & the letter I wrote. We are totally fine, & our Thanksgiving ended up wonderful, but I suspect this is a fraudulent business practice, & I want to give it visibility for those who don't or can't.
Once when I was home for the holiday my friend Dan asked if I wanted to go to Barnes & Noble for coffee; while there we bumped into an old friend of Dan's. After the friend left, I took Dan's phone & texted the friend: "Kate thinks you're cute"
We've been together 12 years today
🚨🚨🚨
I'm honored to be named a Fulbright Schuman Innovation Award Scholar for the 2023-2024 academic year!
I'll be researching the implementation of the DSA and DMA as a visiting professor in Paris at
@sciencespo
and
@DsaObservatory
at the University of Amsterdam!
1/3
Facebook just announced it is sending home, but continuing to pay, thousands and thousands of human content moderators that work in call centers around the world.
As if it wasn't already, internets are about to get weird.
I'm pretty thrilled with this, as a teaching tool, but also as a really interesting lesson in how to check our own expectations about being private in public and how clearly we're not. And it's a reminder that norms, not laws, govern a lot of our day to day personal privacy. 6/6
The assignment was this: At some point over break, when you're in a public place, using only Google see if you can de-anonymize someone based on things they say loudly enough for lots of others to hear and/or things that are displayed on their clothing or bags 2/6
At some point in my life, I simply have to write the piece about why so many car rental companies still use dot matrix printers
and I promise it’s not as boring as you think.
@RadioFreeTom
Trying to let this story die, but I will respond to say that I had a v. nice 1 hr call w/Hertz execs & I think they would've loved to buy me off but instead I was like: "No, fix your complaint form & tell me how you're going to fix this ALL before Xmas. I'll check back next week"
[Sweating, panting older woman boards small airplane held for her for 20 minutes in Cape Cod, Massachusetts. Full plane applauds as she gets on]
Woman: THANK YOU! I’m so sorry. I just had to watch my Yankees!!
*pause*
[Plane erupts in boos]
In an incredible moment of irony, CNBC's headline about disinformation penalties was itself. . . misinformation.
And it was a tremendous example of how modern headlines can proliferate poisonously wrong ideas.
A few take-aways:
4/
THREAD ON FINDING TIME TO WRITE (ESPECIALLY AS THE SEMESTER STARTS)
I struggled for years (a decade?!) with trying to find time to write "big things" versus spending time on school; life admin tasks; phone calls; small projects; traveling for conferences; research
1/
After you QTed, 1000s flooded my mentions calling me pedo/groomer etc. After 30 min blocking them; easier to go private
Your freedom of reach to *1.3M* followers crushed my freedom of speech
That, sir, is just 1 example of how you misunderstand how free speech environments work
A CASE STUDY IN MIS/DISINFORMATION
6hrs ago, an unnamed reporter emailed asking for comment on Warren's new mis/disinfo policies.
I'm on a research trip & so couldn't get in touch in time, but I read through the announcement, saw nothing glaringly horrible or revolutionary
1/
The friend who texts you “FYI you don’t know this guy but you just accidentally retweeted a nut job conspiracy theorist” is the same as the friend who tells you you have something in your teeth.
@benjaminwittes
I just told him “so old white guys?” and there was a beat and he was like “yeah when you put it that way, I’m kinda a jerk.”
Me: “we call that the Socratic method. And that’s why I’m a law professor and not you”
Most significantly, a number who had clung to the idea of "I don't care if anyone's watching, I have nothing to hide" were shocked into seeing the privacy issues. Including a future district attorney. 5/6
A very random fact about me:
I am currently in my late 30s, and despite it being off the air before I was born, I have seen every episode of M*A*S*H at least five times.
In honor of the 50th anniversary of the show, let me explain. . .
A M*A*S*H 🧵
Mike Farrell and I today toasting the 50th anniversary of the show that changed our lives - and our brilliant pals who made it what it was. MASH was a great gift to us.
Section 230 doesn't protect editorial conduct
Twitters labels on tweets regarding falsity = editorial conduct
Therefore, this EO places such platforms outside scope of Sec. 230 protection
2/
Celebrated my 40th birthday surrounded with French flowers & family & friends after a very crazy last week of my 30s, which featured emergency surgery & 2 days in the hospital (home & recovering now but this is why I missed Netchoice!)
This is 40 and I’ve never felt luckier.
So I opened the Warren page again. I wasn't wrong. There was nothing saying "criminal penalties for spreading disinformation online" GENERALLY.
It was civil/criminal penalties for disinformation relating to "when and how to vote."
That's pretty different.
3/
This EO prohibits federal spending on advertising or marketing on platforms that violate editorial conduct of Sec. 230
FTC & state AGs will look into deceptive & unfair practices of sites like Twitter and Facebook that act as the "public square" (cites Packingham, Pruneyard)
3/
Me: That’s a car with one headlight
Him: Padiddle
Me: That’s not a thing
Him: Yes it is. Google “padiddle”
Me: You can’t Google “padiddle”you have to google “car with one headlight”
Me:
@Hertz
Dear Donna,
Which reservation number? The one from our original rental you wouldn't serve or the one from the overpriced care we finally got?
Happy December,
Kate
There needs to be a term to describe my *precise* generation--the people who both remember newspaper delivery in their driveways AND the AOL CDs first arriving in the mail; their first formative friendships developing over chat.
Thoughts?
Back on Twitter after about three weeks off.
Strong dying mall vibes.
Scrolling feels like walking past magic eye poster kiosks and Hot Topic while smelling the weird miasma of Mrs. Fields plus Yankee Candle.
As a general rule, judges' are given remarkable deference to keep order in their courtroom. . . .
Except that time in Niagara Falls when a judge was removed from the bench after putting *46 people* in his courtroom IN JAIL when no one claimed a ringing cell phone
1/
🧵
So so many of the trust and safety and content moderation conversations are all about the US and EU and “rest of world.
It’s beyond time to shift the dialogue to majority world. Which is *literal*
This week 20 yrs ago my fam was at Red Sox-Yankees game in bleachers & a lady was breastfeeding her baby & a Yankees fan started heckling her for being “gross” & my normally non-confrontational mom just LIT INTO him in front of everyone & don’t remember who won but remember that
I had a hard day.
Not because of COVID or sickness, or anything that *really* matters in this moment, but still something that I am sad and hurting about.
If you can spare some joy from your life, please do.
Ok, so what should you know about the Facebook's Oversight Board?! What the heck is this thing, where did it come from, and why should you care about the documents they released today?
Until I can publish my (very long law review) paper (no one will read) I MADE A THREAD.
1/
I keep waiting for the sadness to kick in, but I'm realizing I processed the sadness 6 years ago.
So today I am feeling just very, very, very, very, very, very, very, very, very, very ANGRY
The project has had the best results. They have been writing to me all break being like, "this is crazy. I found the guy in the front of me on the plane in 3 minutes" or "this person just gave out their entire credit card number on full train over the phone" etc. 4/6
Great news for the future of the internet: the Supreme Court gets about as hands off as it can possibly get on Section 230 in a 2.5 page per curium decision in Gonzalez v. Google.
Opinion here:
1/
Me: Guys, laughter counts as class participation.
Class: [light hearted chuckling]
One girl in the front row 10x louder than everyone else: HAHAHAHAHA!!!
SO YOU WANNA DO INTERNET LAW
🧵
This last year at
@BKCHarvard
I've talked to a lot of Harvard Law students who want to go into law and tech and want to know what classes they should take.
They're usually like "First Amendment?" or "Corporations"?
No.
1/
If you're among those affected by the
#TwitterLayoffs
PLEASE EMAIL rebootingsocialmedia
@cyber
.harvard.edu
We're up to great things, we're a great group of people, and we are thinking all the time about the long term health of the digital public sphere
Thinking about today's capricious and hasty
#twitterlayoffs
and the amount of extraordinary talent affected.
@bkcharvard
builds online in the public interest, and we're starting new projects – drop us a line and we'll be in touch: rebootingsocialmedia
@cyber
.harvard.edu
I have a new paper
It examines how individual & collective harms are mitigated in content moderation by platforms; how calls for antitrust break-up will likely make those harms worse; & how to regulate within the 1A to make them better
It's called The Marketplace of Governance
(1) CNBC isn't RT. It isn't Breitbart. It isn't MotherJones. It's relatively mainstream. There was no real agenda here.
(2)That maybe made its error even more dangerous because people were most trusting of the headline.
5/
My new trick at parties is bringing up
@j_a_tucker
’s study that shows online misinformation is shared by those over 65 years old 7x more than the average user and asking people what they think this implies for platforms and regulation