In 2016, when Peter Thiel killed Gawker, he insisted that he wasn’t attacking journalism writ large.
On the contrary, he told the New York Times, he’d spent $10 million secretly backing Hulk Hogan’s lawsuit against the news outlet because: “I saw Gawker pioneer a unique and incredibly damaging way of getting attention by bullying people even when there was no connection with the public interest… if I didn’t think Gawker was unique, I wouldn’t have done any of this. If the entire media was more or less like this, this would be like trying to boil the ocean.”
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10 years later with the aid of an “AI tribunal,” a team of intelligence and law enforcement veterans, and a political climate vastly more hostile to press freedom, he is trying to do exactly that, bypassing the courts, short-circuiting the first amendment, and making it much, much cheaper to indulge in the quasi legal harassment of journalists.
Objection.ai is a new startup funded by Thiel, and cofounded by Aron D’Souza, who worked closely with him on the Gawker case. It promises “a fast affordable way to challenge statements in the media.” Anyone can file an objection, which will trigger an investigation by a team hired, the company says, from the CIA, FBI, and British intelligence agencies. Targeted outlets and reporters will have an opportunity to respond, and the results will be fed to an AI model, which will render a verdict. The complainant, and the target, are asked to agree to binding arbitration, with an unspecified range of potential consequences. Financial details are vague, but the company has said the process will cost around $2,000 — far less than the retainer of a crisis communications expert.
An initial slate of cases includes objections against the New York Times, for reporting on how Thiel’s fellow traveller David Sacks, former PayPal chief operating officer and Donald Trump’s former “AI and Crypto Czar,” uses his White House position to benefit Silicon Valley connections; The Wall Street Journal for its revelations about the doodle contributed by Donald Trump to Jeffrey Epstein’s birthday book (a case recently dismissed by a federal judge); and British reporter Hannah Broughton for an aggregated story in the UK tabloid the Mirror about allegations that Amazon workers were told to continue working while a colleague lay dead on the warehouse floor. A smattering of social media provocateurs (Candace Owens) and politicians (Bernie Sanders) round out the roster, but the aggregate effect is indisputable: Thiel’s animus was about journalism all along. Indeed, the Objection.ai team couldn’t be clearer about that.
“Gawker was not unique,” writes D’Souza on the company’s website. “It was simply the first large media company to be tested against reality in the age of clicks, outrage, and algorithmic amplification. Since then, the same structural failure has spread everywhere.”
“Peter Thiel and I … did not just fight Gawker,” he goes on. “ — We demonstrated that facts still mattered if someone was willing to enforce them.”
This is worse than revisionism. D’Souza is banking on everyone having forgotten that the Hulk Hogan case had nothing to do with “reality.” It was undisputed that the sex tape published by Gawker was real. The original suit, which failed, was for copyright infringement and the ultimate $140 million award that bankrupted the company was for invasion of privacy and intentional infliction of emotional harm.
This foundational lie is important, because it is a warning against the temptation to engage Objection.ai on the merits. It would be easy enough to conduct a good faith debate to take at face value D’Souza’s argument that tech platforms and algorithms amplify false claims to millions, that courts are expensive and slow, media ombuds toothless, and fact-checkers partisan. And it would not be hard to demonstrate that he is harnessing widely shared concerns about a disordered information environment to mobilize support for an AI powered justice system controlled by a hyperpartisan private company with a track record of attacking the very institutions that are holding the line on consensus reality.
It would also be a mistake. There is nothing good faith about this effort. Rather, it is classic Thiel: an attempt to hack the principles of accountability, and turn them against journalism. Leave it to his less sophisticated Silicon Valley peers to rail against the media, create in house news outlets or buy them. The PayPal co-founder is going for the heart of the system, and financing infrastructure that will enable anyone who can afford a used Honda Civic to launch a harassment campaign, cloaked in the language of legitimate investigation. James O’Keefe, but with the judicial rather than journalistic process as its governing metaphor.
It will be tempting, too, to question the likely financial sustainability of Objection. That will be the least of its founders’ concerns. The for-profit structure supports a story about the company’s purpose. It may work, or not, but its goals are nonfinancial. We reached out to Thiel for comment on Objection.ai before publication and will update this article as soon as he responds.
Providing funding, alongside Thiel, is Balaji Srinivasan, the investor and author of “The Network State,” a book about social networks with “a sense of national consciousness” replacing the nation state. He once outlined an early version of the Objection.ai model in an email to the far right theorist Curtis Yarvin about dealing with critical coverage. “If things get hot,” he suggested “it may be interesting to sic the Dark Enlightenment audience on a single vulnerable hostile reporter to dox them and turn them inside out with hostile reporting sent to *their* advertisers/friends/contacts.”
These men understand the limits of the Gawker verdict’s impact. It bankrupted the company, a personal victory for Thiel, but perhaps the least important outcome of the case. At a more systemic level, it struck fear into the hearts of media insurers and newsroom counsel, focusing attention on third party litigation finance as potential threat.
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If people with limitless resources could sponsor litigation against news organizations they disliked, constitutional protections would be no match for the sheer cost and complexity of defense.
Now, they’ve found an AI-assisted way to supercharge those effects.
The Gawker case routed around the First Amendment by relying on a privacy claim. Objection.ai does so by building a hallucination of the legal process. Any journalist foolish enough to agree to binding arbitration by the company probably deserves what they get, but that will be a vanishingly small minority. For those who don’t, a phone call, or a knock on the door from a former FBI agent, or defense intelligence operative, will be chilling, and an ex-parte verdict rendered by Thiel’s custom-tuned AI will act as a cudgel on social media and via traditional PR. Journalists will be assigned a “trust score” to act as an additional goad.
In an environment of less peril for press freedom, it might be easy to laugh off Objection.ai as the confection of a thin-skinned millenarian. Right now, with the crony capture of broadcast news far advanced, swathes of the tech community openly hostile to journalism, and the White House onside, it would be wise to take it seriously. That starts with seeing it for what it is, and refusing to engage with a process which, unlike the real courts, Peter Thiel has no legal power to compel.
