FaceBook, Disinformation And The First Amendment

These are tough times for Free Speech purists–of whom I am one.

I have always been persuaded by the arguments that support freedom of expression. In a genuine  marketplace of ideas, I believe–okay, I want to believe– that better ideas will drive out worse ones. More compelling is the argument that, while some ideas may be truly dangerous, giving   government the right to decide which ideas get expressed and which ones don’t would be much more dangerous. 

But FaceBook and other social media sites are really testing my allegiance to unfettered, unregulated–and amplified–expression. Recently, The Guardian reported that more than 3 million followers and members support the crazy QAnon conspiracy on Facebook, and their numbers are growing.

For those unfamiliar with QAnon, it

is a movement of people who interpret as a kind of gospel the online messages of an anonymous figure – “Q” – who claims knowledge of a secret cabal of powerful pedophiles and sex traffickers. Within the constructed reality of QAnon, Donald Trump is secretly waging a patriotic crusade against these “deep state” child abusers, and a “Great Awakening” that will reveal the truth is on the horizon.

Brian Friedberg, a senior researcher at the Harvard Shorenstein Center is quoted as saying that Facebook is a “unique platform for recruitment and amplification,” and that he doubts  QAnon would have been able to happen without the “affordances of Facebook.”

Facebook isn’t just providing a platform to QAnon groups–its  algorithms are actively recommending them to users who may not otherwise have been exposed to them. And it isn’t only QAnon. According to the Wall Street Journal, Facebook’s own internal research in 2016 found that “64% of all extremist group joins are due to our recommendation tools.”

If the problem was limited to QAnon and other conspiracy theories, it would be troubling enough, but it isn’t. A recent essay by a Silicone Valley insider named Roger McNamee in Time Magazine began with an ominous paragraph:

If the United States wants to protect democracy and public health, it must acknowledge that internet platforms are causing great harm and accept that executives like Mark Zuckerberg are not sincere in their promises to do better. The “solutions” Facebook and others have proposed will not work. They are meant to distract us.

McNamee points to a predictable cycle: platforms are pressured to “do something” about harassment, disinformation or conspiracy theories. They respond by promising to improve their content moderation. But– as the essay points out– none have been successful at limiting the harm from third party content, and  so the cycle repeats.  (As he notes, banning Alex Jones removed his conspiracy theories from the major sites, but did nothing to stop the flood of similar content from other people.)

The article identifies three reasons content moderation cannot work: scale, latency, and intent. Scale refers to the sheer hundreds of millions messages posted each day. Latency is the time it takes for even automated moderation to identify and remove a harmful message. The most important obstacle, however, is intent–a/k/a the platform’s business model.

The content we want internet platforms to remove is the content most likely to keep people engaged and online–and that makes it exceptionally valuable to the platforms.

As a result, the rules for AI and human moderators are designed to approve as much content as possible. Alone among the three issues with moderation, intent can only be addressed with regulation.

McNamee argues we should not have to accept disinformation as the price of access, and he offers a remedy:

At present, platforms have no liability for the harms caused by their business model. Their algorithms will continue to amplify harmful content until there is an economic incentive to do otherwise. The solution is for Congress to change incentives by implementing an exception to the safe harbor of Section 230 of the Communications Decency Act for algorithm amplification of harmful content and guaranteeing a right to litigate against platforms for this harm. This solution does not impinge on first amendment rights, as platforms are free to continue their existing business practices, except with liability for harms.

I’m not sure I share McNamee’s belief that his solution doesn’t implicate the First Amendment.

The (relative) newness of the Internet and social media creates uncertainty. What, exactly, are these platforms? How should they be classified? They aren’t traditional publishers–and third parties’ posts aren’t their “speech.” 

As 2020 campaigns heat up, more attention is being paid to how FaceBook promotes propaganda. Its refusal to remove or label clear lies from the Trump campaign has prompted advertisers to temporarily boycott the platform. FaceBook may react by tightening some moderation, but ultimately, McNamee is right: that won’t solve the problem.

One more conundrum of our Brave New World……

Happy 4th!

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Facebook And False Equivalence

Is it just me, or do the months between now and November seem interminable?

In the run-up to what will be an existentially-important decision for America’s future, we are living through an inconsistent, contested and politicized quarantine, mammoth protests triggered by a series of racist police murders of unarmed black men, and their   cynical escalation into riots by advocates of race war, and daily displays of worsening insanity from the White House–including, but certainly not limited to, America’s withdrawal from the World Health Organization in the middle of a pandemic followed by a phone call in which our “eloquent” President called governors “weak” and “jerks” for not waging war on their own citizens.

And in the midst of it all, a pissing match between the Psychopath-in-Chief and Twitter, which has finally–belately–decided to label some of Trump’s incendiary and inaccurate tweets for what they are.

We can only hope this glimmer of responsibility from Twitter continues. The platform’s unwillingness to apply the same rules to Trump that they apply to other users hasn’t just been cowardly–it has given his constant lies a surface plausibility and normalized his bile. We should all applaud Twitter’s belated recognition of its responsibility.

Then, of course, there’s Facebook.

It isn’t that Mark Zuckerberg is unaware of the harms being caused by Facebooks current algorithms. Numerous media outlets have reported on the company’s internal investigations into the way those algorithms encourage division and distort political debate. In her column last Sunday’s New York Times, Maureen Dowd reported

The Wall Street Journal had a chilling report a few days ago that Facebook’s own research in 2018 revealed that “our algorithms exploit the human brain’s attraction to divisiveness. If left unchecked,” Facebook would feed users “more and more divisive content in an effort to gain user attention & increase time on the platform.”

Mark Zuckerberg shelved the research.

The reasons are both depressing and ironic: in addition to concerns that less vitriol might mean users spending less time on the site, Zuckerberg understands that reducing the spread of untrue, divisive content would require eliminating substantially more material from the right than the left, opening the company to accusations of bias against conservatives.

Similar fears are said to be behind Facebook’s unwillingness to police political speech in advertisements and posts.

Think about it: Facebook knows that its platform is enormously influential. It know that the Right trades in conspiracy theories and intentional misinformation to a much greater extent than the Left, skewing the information landscape in dangerous ways. But for whatever reason– in order to insulate the company from regulation, or to curry favor with wealthy investors, or to escape the anger of the Breitbarts and Limbaughs–not to mention Trump–it has chosen to “allow people to make their own decisions.”

The ubiquity of social media presents lawmakers with significant challenges. Despite all the blather from the White House and the uninformed hysteria of ideologues, the issue isn’t censorship or freedom of speech–as anyone who has taken elementary civics knows, the Bill of Rights prohibits government from censoring communication. Facebook and Twitter and other social media sites aren’t government. For that matter, under current law, they aren’t even considered “publishers” who could be held accountable for whatever inaccurate drivel a user posts.

That means social media companies have the right to dictate their own terms of use. There is no legal impediment to Facebook or Twitter “censoring” posts they consider vile, obscene or untrue. (Granted, there are significant practical and marketing concerns involved in such an effort.) On Monday, reports emerged that Facebook’s own employees–including several in management–are clamoring for the platform to emulate Twitter’s new approach.

There have always been cranks and liars, racists and political propagandists. There haven’t always been easily accessible, worldwide platforms through which they could connect with similarly twisted individuals and spread their poisons. One of the many challenges of our technological age is devising constitutionally-appropriate ways to regulate those platforms.

If Mark Zuckerberg is unwilling to make FaceBook at least a minimally-responsible overseer of our national conversation–if he and his board cannot make and enforce reasonable rules about veracity in posts, a future government will undoubtedly do it for them–something that could set a dangerous precedent.

Refusing to be responsible– supporting a false equivalency that is tearing the country apart– is a much riskier strategy than Zuckerberg seems to recognize.

On the other hand, it finally seems to be dawning on Jack Dorsey, CEO of Twitter, that (as Dowd put it in her column)”Trump and Twitter were a match made in hell.”

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The Era Of Disinformation

I know I’ve shared this story before, but it seems more relevant than ever. After publication of my first book (What’s a Nice Republican Girl Like Me Doing at the ACLU?), I was interviewed on a South Carolina radio call-in show. It turned out to be the Rush Limbaugh station, so listeners weren’t exactly sympathetic.

A caller challenged the ACLU’s opposition to the then-rampant efforts to post the Ten Commandments on government buildings. He informed me that James Madison had said “We are giving the Bill of Rights to people who follow the Ten Commandments.” When I responded that Madison scholars had debunked that “quotation” (a fabrication that had been circulating in rightwing echo chambers), and that, by the way, it was contrary to everything we knew Madison had said, he yelled “Well, I choose to believe it!” and hung up.

That caller’s misinformation–and his ability to indulge his confirmation bias–have been amplified enormously by the propaganda mills that litter the Internet. The New York Times recently ran articles about one such outlet, and the details are enough to chill your bones.

It may not be a household name, but few publications have had the reach, and potentially the influence, in American politics as The Western Journal.

Even the right-wing publication’s audience of more than 36 million people, eclipsing many of the nation’s largest news organizations, doesn’t know much about the company, or who’s behind it.

Thirty-six million readers–prresumably, a lot like the caller who chose to believe what he wanted to believe.

The “good news”–sort of–is that the Silicon Valley is making an effort to lessen its reach.

The site has struggled to maintain its audience through Facebook’s and Google’s algorithmic changes aimed at reducing disinformation — actions the site’s leaders see as evidence of political bias.

This is the question for our “Information Age”–what is the difference between an effort to protect fact-based information and political bias ? And who should have the power to decide? As repulsive as this particular site appears to be, the line between legitimate information and “curated reality” is hard to define.

Here’s the lede for the Times investigative report on the site:

Each day, in an office outside Phoenix, a team of young writers and editors curates reality.

In the America presented on their news and opinion website, WesternJournal.com, tradition-minded patriots face ceaseless assault by anti-Christian bigots, diseased migrants and race hustlers concocting hate crimes. Danger and outrages loom. A Mexican politician threatens the “takeover”of several American states. Police officers are kicked out of an Arizona Starbucks. Kamala Harris, the Democratic presidential candidate, proposesa “$100 billion handout” for black families.

The report notes that the publication doesn’t bother with reporters. Nevertheless, it shapes the political beliefs of those 36 million readers– and in the last three years, its Facebook posts earned three-quarters of a billion shares, likes and comments, “almost as many as the combined tally of 10 leading American news organizations that together employ thousands of reporters and editors.”

The Western Journal rose on the forces that have remade — and warped — American politics, as activists, publishers and politicians harnessed social media’s power and reach to serve fine-tuned ideological content to an ever-agitated audience. Founded by the veteran conservative provocateur Floyd G. Brown, who began his career with the race-baiting “Willie Horton” ad during the 1988 presidential campaign, and run by his younger son, Patrick, The Western Journal uses misleading headlines and sensationalized stories to attract partisans, then profit from their anger.

But Silicon Valley’s efforts to crack down on clickbait and disinformation have pummeled traffic to The Western Journal and other partisan news sites. Some leading far-right figures have been kicked off social media platforms entirely, after violating rules against hate speech and incitement. Republican politicians and activists have alleged that the tech companies are unfairly censoring the right, threatening conservatives’ ability to sway public opinion and win elections.

In the U.S., only government can “censor” in violation of the First Amendment. But tech platforms have vast power to determine what Americans see, whether the exercise of that power is legally considered censorship or not, and they will increasingly determine what Americans see and read.

Most of my students get their news from social media. To say that the outcome (not to mention the sincerity) of Silicon Valley’s efforts to clean up cyberspace will determine what kind of world we inhabit isn’t hyperbole.

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Playing Fair Is So Last Century…

What we have been learning  the last few days about Cambridge Analytica’s use of purloined Facebook data to assist the Trump campaign reminds me of that famous scene from “Raiders of the Lost Ark”–the scene where Harrison Ford is engaged in a ferocious sword fight, and Ford suddenly pulls out a gun and shoots the other guy.

It’s unexpected–and effective–because it breaks a norm of “fair fighting” that that has shaped our expectations. In a movie, that norm-breaking is entertaining; in our communal life, it is considerably less so.

Cambridge Analytics acquired extensive data on the habits, personal characteristics and preferences of fifty million Facebook users. It used that data to assist the Trump campaign. Sophisticated algorithms targeted users with messages tailored to their particular opinions and biases–messages that, by their nature, went unseen by users who had different perspectives or who might have information with which to rebut “facts” being conveyed.

The New York Times and the London Observer mounted the joint investigation through which the covert operation was  uncovered, and Britain’s Channel 4 obtained footage of executives boasting to a reporter posing as a potential client about additional “dirty tricks” the company employed on behalf of its customers: sending “very beautiful” Ukranian sex workers to the homes of opposition figures; offering bribes to candidates while secretly filming them; and a variety of other tactics employing fake IDs and bogus websites.

Who or what is Cambridge Analytica?

The Mercer family owns a majority of the stock in Cambridge Analytics.Before joining Trump’s campaign, Steve Bannon was the company’s vice president. Former national security adviser Michael Flynn served as an adviser to the company.

As Michelle Goldberg wrote in a New York Times op-ed,

After days of revelations, there’s still a lot we don’t know about Cambridge Analytica. But we’ve learned that an operation at the heart of Trump’s campaign was ethically nihilistic and quite possibly criminal in ways that even its harshest critics hadn’t suspected. That’s useful information. In weighing the credibility of various accusations made against the president, it’s good to know the depths to which the people around him are willing to sink.

Her concluding paragraph is particularly pointed.

There’s a lesson here for our understanding of the Trump presidency. Trump and his lackeys have been waging their own sort of psychological warfare on the American majority that abhors them. On the one hand, they act like idiots. On the other, they won, which makes it seem as if they must possess some sort of occult genius. With each day, however, it’s clearer that the secret of Trump’s success is cheating. He, and those around him, don’t have to be better than their opponents because they’re willing to be so much worse.

We now know why Trump insisted that Hillary was “crooked” and the election would be “rigged.” It’s called projection.

My friends who are sports fans become outraged when they believe one team or another has cheated and benefitted from that behavior. (“Deflate-gate anyone?) After all, games have rules, and when rules are broken in order to achieve a win, the game is tarnished. We don’t know who the better player really is.

The “game” of electoral politics has a long history of so-called “dirty tricks,” but nothing of this magnitude–and when those tactics have been detected, they’ve led to widespread condemnation. Americans have a right to expect political combatants to “play fair.” When they don’t, cynicism grows. Trust in government is diminished. Citizens’ compliance with the law declines–after all, if government officials can cheat, people reason they can too.

Trump and his consiglieres in the cabinet and Congress have demonstrated their willingness to bring guns to sword fights–to breach the rules of the game and to sneer at those who”fight fair.”

They pose an existential threat to American government and the rule of law.

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Their True Colors

If a couple of Facebook friends hadn’t posted about it, I’d have missed it.

“It” was the bigoted rant posted to Facebook by Charlotte Lucas, co-owner of Lucas Oil, whose family name adorns the largest structure in downtown Indianapolis. WRTV’s Rafael Sanchez was apparently the only journalist to report on Lucas’ post. According to WRTV:

“I’m sick and tired of minorities running our country!” Lucas wrote in the post. “As far as I’m concerned, I don’t think that atheists (minority), muslims [sic] (minority) nor any other minority group has the right to tell the majority of the people in the United States what they can and cannot do here. Is everyone so scared that they can’t fight back for what is right or wrong with his country?”

How charming.

It’s interesting to note that no other local media outlet saw fit to report on this unseemly rant by a privileged member of this community. (The Star spent its column inches on important things like “Ten things to do in Indy this weekend.”)

Perhaps the local media didn’t consider the whining of yet another self-absorbed white Christian “victim” newsworthy.

These self-pitying tantrums have never been rare, and since Obama’s election, their frequency has escalated. I’ve heard similar sentiments (albeit not quite so blatant) from otherwise nice, well-to-do people who claim to support “diversity,” who donate to all the “right” causes, and who would never fire-bomb a mosque or burn a cross on someone’s lawn.

There is a lot of resentment below those polished and privileged surfaces. You can almost hear the indignation: how dare those “minorities” lay claim to equal treatment? Don’t “they” know their place? For goodness sake, I have a Jewish lawyer and I give money to the Urban League–what more do they want?

People like Charlotte Lucas and Donald Sterling and Daniel Snyder and so many others don’t hear themselves–at least, they don’t hear themselves as the rest of us hear them–because they live in enclaves populated by the similarly-situated–people who are like-minded and perpetually aggrieved. In their world, they are the victims.

In ours, not so much.

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