WASHINGTON, December 11, 2018 — Republicans and conservative activists used Tuesday’s House Judiciary Committee hearing with Google CEO Sundar Pichai to revive claims that large technology companies are biased against them. But these same activists appear unwilling to accept any result that doesn’t validate their claim.
One prominent Republican who has raised claims of censorship by large technology companies is President Donald Trump, who in August took to Twitter to accuse Google of deliberately manipulating search results to highlight negative stories about him,
“Google search results for “Trump News” shows only the viewing/reporting of Fake New Media. In other words, they have it RIGGED, for me & others, so that almost all stories & news is BAD. Fake CNN is prominent. Republican/Conservative & Fair Media is shut out. Illegal?” Trump wrote, suggesting without evidence that 96 percent of search results for “Trump News” came from what he called “National Left-Wing Media.”
“Google & others are suppressing voices of Conservatives and hiding information and news that is good. They are controlling what we can & cannot see. This is a very serious situation will be addressed!” he added.
At the Tuesday hearing, Pichai rebutted all charges that political bias was present in Google search results. “Our products are build without any bias,” he told legislators – repeatedly.
Facebook is another target of the conservatives’ ire
But at the Google hearing, the critics kept coming. Another frequent target of conservatives’ censorship accusations is Facebook, which has been struggling to harden its platform against foreign disinformation in the two years since Russia’s Internet Research Agency used it to reach millions of Americans with pro-Trump, anti-Clinton messaging.
Some changes Facebook has implemented in the aftermath of 2016 have focused on the algorithm it uses to choose what content users see on the site, others have focused on combatting disinformation and hoax websites masquerading as news organizations.
While Facebook says those changes were made in order to favor original content posted by users’ friends and family, and to elevate local news and fact-checked, trusted news outlets, conservative bloggers say they’ve been targeted for censorship as part of a coordinated campaign by Democrats and their allies.
A ‘conspiracy theorist’ states his case
Jim Hoft, who runs the popular pro-Trump blog the Gateway Pundit, said that the evidence of Facebook’s censorship can be found in his and other conservative news sites’ traffic numbers.
“The top conservative sites on the right noticed this last year, but this year, my traffic has gone from thirty-three percent…to about three percent today. Our little blog had a huge influence on the election, and since that time our advertisers have been targeted, we’ve had two junk lawsuits against us, and our Facebook traffic has been shut down,” Hoft said in an interview.
Hoft was referencing defamation lawsuits against him by a student his site misidentified as a mass shooter, and a State Department employee whom Hoft suggested was a “deep state shill” after he allowed news organizations to use his video of white nationalist James Alex Fields, Jr. using his car to murder anti-racist counter protester Heather Heyer at the 2017 Unite the Right rally in Charlottesville, Virginia. Fields was sentenced to life in prison on Tuesday.
“I would argue that this is a coordinated attack on conservative sites,’ Hoft said.
When asked who he thought was “coordinating” the “attack,” Hoft replied: “Call me a conspiracy theorist, but I wish I knew.”
Facebook also denies political bias in the administration of its platform
As with Google, Facebook executives have repeatedly denied any bias in how the company runs its platform or enforces its terms of service. Still, but they have attempted to acknowledge conservatives’ concerns by commissioning an external audit of the entire company to determine whether there is any inadvertent political bias in its operations.
The company retained the services of Sen. Jon Kyl, R-Ariz., then in retirement from politics and a partner at the law firm of Covington and Burling, to conduct the audit.
Kyl returned to the Senate in September after Arizona Governor Doug Ducey tapped him to fill the seat left by death of his onetime colleague, Sen. John McCain, R-Ariz.
A Facebook spokesperson told BroadbandBreakfast that the audit is ongoing under the direction of other Covington and Burling attorneys, and that the company looks forward to sharing the results.
But to Hoft, the results may not matter if they don’t confirm his suspicions.
“If the senator finds there is no bias by Facebook, then no, I won’t accept the results,” he said.
Diamond and Silk aren’t waiting for the results of any social media audit
Two other prominent pro-Trump activists who said they wouldn’t accept any result that doesn’t show pervasive bias against conservatives are Lynette Hardaway and Rochelle Richardson, the pro-Trump YouTube personalities who go by the name Diamond and Silk online.
Hardaway and Richardson found themselves in the spotlight in April 2018 when they told the House Judiciary Committee that Facebook had allegedly suspended them for being “unsafe to the community.”
During their congressional testimony, Hardaway and Richardson pointed to exchanges with Facebook staff explaining other disciplinary actions the company took against them as evidence of bias, and also cited low viewership numbers for their videos as further evidence of censorship.
In a phone interview with BroadbandBreakfast, the pair continued to cite low viewership numbers as proof of a censorship conspiracy.
“Why is it that somebody with 500,000 followers was able to garner 5,000,000 views, and we have 1,200,000 and we were only able to garner 13,000 on our video?” Hardaway asked during an interview with BroadbandBreakfast.
“There’s something not right with this algorithm system, this algorithm system is discriminating against conservative voices, and they’re censoring and stifling conservative voices,” she added.
Richardson, her “Silk” counterpart, suggested that it was only conservatives who’ve been affected by Facebook’s changes.
“I do not see liberals complaining about any kind of censorship,” she said.
A new ‘Fairness Doctrine’ for the internet?
Despite the myriad conservative activists and politicians claiming systematic bias and calling for regulation, experts haven’t found anything of the sort, and most remain skeptical of the need for what would amount to a renewed “fairness doctrine” — the former Federal Communications Commission regulation that required television and radio stations to give equal time to both sides when discussing controversial issues — for the internet.
One expert who testified in April alongside Hardaway and Richardson, TechFreedom President Berin Szoka, said the idea espoused by some conservatives that government should step in to regulate social media companies is “insane.”
“I don’t think they have any clue what that would mean,” he said, comparing it to the Fairness Doctrine, which was scrapped during the Reagan administration.
That policy, which Szoka called “hugely problematic and impractical,” was long reviled by conservatives and has been defunct since the Reagan administration.
What some conservatives want for social media “goes way, way beyond” what was required by the Fairness Doctrine, Szoka said, because it would treat companies like Facebook as government actors, meaning they could not restrict speech in any way.
Szoka added that conservatives are wary of Facebook’s attempts to crack down on fake accounts, hoaxes, fabricated news and disinformation because they often benefit from such tactics.
“This is entirely about narrow political interests and short term political interests,” he said.
“Right now the fake news industry is ginning up the American id for the Republican Party. It is not surprising, therefore, that Republicans have suddenly done a complete 180 degree turn on everything they used to say about the Fairness Doctrine, and how the First Amendment doesn’t apply to private actors, just doesn’t apply to the Internet. Instead, they now want a Fairness Doctrine for the internet on steroids,” he said.
‘Popehat’ blog author weighs into the controversy, against social media terms of service
Some conservatives cite the First Amendment when suggesting that technology and social media companies shouldn’t be able to enforce terms of service against political speech. But those who accuse Facebook and others of censorship “pretend that companies like Facebook don’t have free speech rights, and they do,” said Ken White, a former federal prosecutor and free speech advocate who frequently writes about First Amendment issues on the “Popehat” blog.
“Facebook and Twitter and all these other platforms have a right of free expression and free association, and part of that is them creating the type of platform they want to offer to their customers, which may not include me, but that’s their right,” he said.
White said that while some Republicans are using congressional hearings to push the idea that conservatives are being censored, from all the evidence he’s seen, there is no censorship taking place.
(Photo of Google CEO Sundar Pichai being sworn in for his testimony before the House Judiciary Committee on December 11, 2018, taken by Drew Clark.)
Democrats Use Whistleblower Testimony to Launch New Effort at Changing Section 230
The Justice Against Malicious Algorithms Act seeks to target large online platforms that push harmful content.
WASHINGTON, October 14, 2021 – House Democrats are preparing to introduce legislation Friday that would remove legal immunities for companies that knowingly allow content that is physically or emotionally damaging to its users, following testimony last week from a Facebook whistleblower who claimed the company is able to push harmful content because of such legal protections.
The Justice Against Malicious Algorithms Act would amend Section 230 of the Communications Decency Act – which provides legal liability protections to companies for the content their users post on their platform – to remove that shield when the platform “knowingly or recklessly uses an algorithm or other technology to recommend content that materially contributes to physical or severe emotional injury,” according to a Thursday press release, which noted that the legislation will not apply to small online platforms with fewer than five million unique monthly visitors or users.
The legislation is relatively narrow in its target: algorithms that rely on the personal user’s history to recommend content. It won’t apply to search features or algorithms that do not rely on that personalization and won’t apply to web hosting or data storage and transfer.
Reps. Anna Eshoo, D-California, Frank Pallone Jr., D-New Jersey, Mike Doyle, D-Pennsylvania, and Jan Schakowsky, D-Illinois, plan to introduce the legislation a little over a week after Facebook whistleblower Frances Haugen alleged that the company misrepresents how much offending content it terminates.
Citing Haugen’s testimony before the Senate on October 5, Eshoo said in the release that “Facebook is knowingly amplifying harmful content and abusing the immunity of Section 230 well beyond congressional intent.
“The Justice Against Malicious Algorithms Act ensures courts can hold platforms accountable when they knowingly or recklessly recommend content that materially contributes to harm. This approach builds on my bill, the Protecting Americans from Dangerous Algorithms Act, and I’m proud to partner with my colleagues on this important legislation.”
The Protecting Americans from Dangerous Algorithms Act was introduced with Rep. Tom Malinowski, D-New Jersey, last October to hold companies responsible for “algorithmic amplification of harmful, radicalizing content that leads to offline violence.”
From Haugen testimony to legislation
Haugen claimed in her Senate testimony that according to internal research estimates, Facebook acts against just three to five percent of hate speech and 0.6 percent of violence incitement.
“The reality is that we’ve seen from repeated documents in my disclosures is that Facebook’s AI systems only catch a very tiny minority of offending content and best content scenario in the case of something like hate speech at most they will ever get 10 to 20 percent,” Haugen testified.
Haugen was catapulted into the national spotlight after she revealed herself on the television program 60 Minutes to be the person who leaked documents to the Wall Street Journal and the Securities and Exchange Commission that reportedly showed Facebook knew about the mental health harm its photo-sharing app Instagram has on teens but allegedly ignored them because it inconvenienced its profit-driven motive.
Earlier this year, Facebook CEO Mark Zuckerberg said the company was developing an Instagram version for kids under 13. But following the Journal story and calls by lawmakers to backdown from pursuing the app, Facebook suspended the app’s development and said it was making changes to its apps to “nudge” users away from content that they find may be harmful to them.
Haugen’s testimony versus Zuckerberg’s Section 230 vision
In his testimony before the House Energy and Commerce committee in March, Zuckerberg claimed that the company’s hate speech removal policy “has long been the broadest and most aggressive in the industry.”
This claim has been the basis for the CEO’s suggestion that Section 230 be amended to punish companies for not creating systems proportional in size and effectiveness to the company’s or platform’s size for removal of violent and hateful content. In other words, larger sites would have more regulation and smaller sites would face fewer regulations.
Or in Zuckerberg’s words to Congress, “platforms’ intermediary liability protection for certain types of unlawful content [should be made] conditional on companies’ ability to meet best practices to combat the spread of harmful content.”
Facebook has previously pushed for FOSTA-SESTA, a controversial 2018 law which created an exception for Section 230 in the case of advertisements related prostitution. Lawmakers have proposed other modifications to the liability provision, including removing protections in the case for content that the platform is paid for and for allowing the spread of vaccine misinformation.
Zuckerberg said companies shouldn’t be held responsible for individual pieces of content which could or would evade the systems in place so long as the company has demonstrated the ability and procedure of “adequate systems to address unlawful content.” That, he said, is predicated on transparency.
But according to Haugen, “Facebook’s closed design means it has no oversight — even from its own Oversight Board, which is as blind as the public. Only Facebook knows how it personalizes your feed for you. It hides behind walls that keep the eyes of researchers and regulators from understanding the true dynamics of the system.” She also alleges that Facebook’s leadership hides “vital information” from the public and global governments.
An Electronic Frontier Foundation study found that Facebook lags behind competitors on issues of transparency.
Where the parties agree
Zuckerberg and Haugen do agree that Section 230 should be amended. Haugen would amend Section 230 “to make Facebook responsible for the consequences of their intentional ranking decisions,” meaning that practices such as engagement-based ranking would be evaluated for the incendiary or violent content they promote above more mundane content. If Facebook is choosing to promote content which damages mental health or incites violence, Haugen’s vision of Section 230 would hold them accountable. This change would not hold Facebook responsible for user-generated content, only the promotion of harmful content.
Both have also called for a third-party body to be created by the legislature which provides oversight on platforms like Facebook.
Haugen asks that this body be able to conduct independent audits of Facebook’s data, algorithms, and research and that the information be made available to the public, scholars and researchers to interpret with adequate privacy protection and anonymization in place. Beside taking into account the size and scope of the platforms it regulates, Zuckerberg asks that the practices of the body be “fair and clear” and that unrelated issues “like encryption or privacy changes” are dealt with separately.
With reporting from Riley Steward
OECD Ratifies Global 15% Digital Tax Rate, Aims For 2023 Implementation
The OECD finalized an earlier agreement that would impose a 15% tax on companies operating in 136 member nations.
WASHINGTON, October 11, 2021 – The Organization for Economic Cooperation and Development on Friday finalized an agreement to levy a 15 percent tax rate on digital multinational businesses, like Amazon, Apple, Google, and Facebook, starting in 2023.
The ratification of the tax rate comes after years of negotiations and after individual countries have proposed their own tax systems to keep up with internet businesses that have long skirted the tax of laws of nations they operate in because they don’t necessarily have a physical connection inside those borders. The Liberal Party in Canada, for example, had proposed a 3 percent tax on revenues obtained inside the country, while Britain, France, Italy, and Spain had been contemplating digital sales taxes on their own.
The 15 percent tax rate has been signed by 136 member nations, all OECD and G20 countries, out of 140 states (Kenya, Nigeria, Sri Lanka, and Pakistan did not join) and finalizes a July political agreement to reform international tax rules. The United States had proposed the 15 percent global corporate tax rate earlier this year.
Hungary and Ireland, the latter of which is a corporate tax haven for companies like Apple and Google, were two of the last holdouts. Hungary agreed to join Friday after they were guaranteed a ten-year rollout period for the regulation, and Ireland agreed Thursday after guarantees that the rate would not be subsequently increased.
The new tax rate is expected to generate US $150 billion annually for the countries involved and targets companies with revenues of over 750 million Euros. “The global minimum tax agreement does not seek to eliminate tax competition, but puts multilaterally agreed limitations on it,” the OECD said, adding the tax will not only stabilize the international tax system but also provide companies with more certainty as to their obligations.
The regulation would be the first foundational cross-border corporate tax rate regulatory change in over a century. Some are skeptical of President Joe Biden’s and Congress’s ability to ratify the agreement. The OECD hopes to sign a multilateral convention by 2022 and implement the reform by 2023.
The final agreement will be delivered to the G20 finance ministers meeting in Washington D.C. on Wednesday, then it will be charted off to the G20 Leaders’ Summit in Rome at the end of this month, according to a OECD press release.
The United States was in a bit of a defensive pattern under former President Donald Trump, after the country made tariff threats if the European nations, particularly France, decided to tax its big homegrown corporations.
French Finance Minister Bruno Le Maire said that the agreement, “opens the path to a true fiscal revolution.” US Treasury Secretary Janet Yellen said that the OECD has “decided to end the race to the bottom on corporate taxation,” referring to the practice of attracting large companies to headquarter in one’s country through purposefully incentivized lower tax rates.
Congress Must Force Facebook to Make Internal Research Public, Whistleblower Testifies
Frances Haugen testifies in front of the Senate studying protecting kids online after revealing herself as Facebook whistleblower.
WASHINGTON, October 5, 2021 – The former Facebook employee who outed herself as the whistleblower who leaked documents to the Wall Street Journal that showed Facebook knew its photo-sharing app Instagram contributed to harming the mental health of kids told a Senate committee that the company’s alleged profit-driven motives means the company’s internal research cannot be kept behind closed doors.
Frances Haugen testified Tuesday in front of the Senate Subcommittee on Consumer Protection, Product Safety and Data Security, which is looking into protecting kids online, after identifying herself Sunday on the television program 60 Minutes as the person who gave the Journal and the Securities and Exchange Commission documents showing the company going forward with development of a kids version of Instagram despite knowing the mental health impact its apps have on that demographic. (Facebook has since halted development of the kids app after the Journal story and lawmakers asking for it to be suspended.)
“We should not expect Facebook to change. We need action from Congress,” Haugen said Tuesday.
That action, she recommended, includes forcing Facebook to make all future internal research fully public because the company cannot be trusted to act on its own commissioned work.
Haugen noted that the reason the company did not — and does not — take such action, which could include preemptively shutting down development of its Instagram for kids product, is because the company is allegedly driven by a profit-first model.
“Facebook repeatedly encountered conflicts between its own profits and our safety. Facebook consistently resolved those conflicts in favor of its own profits,” alleged Haugen, who now considers herself an advocate for public oversight of social media.
“The result has been a system that amplifies division, extremism, and polarization — and undermining societies around the world. In some cases, this dangerous online talk has led to actual violence that harms and even kills people. In other cases, their profit optimizing machine is generating self-harm and self-hate — especially for vulnerable groups, like teenage girls. These problems have been confirmed repeatedly by Facebook’s own internal research.”
Despite calls to modify Section 230 of the Communications Decency Act, which shields large tech platforms from legal liability for what their users post, Haugen said that – and tweaks to its outdated privacy protections – won’t be enough.
Facebook has for months touted it removes millions of groups and accounts that violate its community guidelines on hate speech and inciting violence. But Haugen alleges that despite the claims that it actively makes its platforms safer, in actuality, it only takes down three to five percent of those threats.
Asked by Senator Ben Ray Lujan, D-New Mexico, if Facebook “ever found a feature on its platform harmed its users, but the feature moved forward because it would also grow users or increase revenue,” Frances said yes, alleging the company prioritized ease of resharing over the feature’s susceptibility to growing “hate speech, misinformation or violence incitement,” even though the feature would only “decrease growth a tiny, little amount.”
She also alleged that those directions came from the head of the company himself, Mark Zuckerberg, who allegedly chose arbitrary or vague “metrics defined by Facebook, like meaningful social interactions over changes that would have significantly decreased misinformation, hate speech and other inciting content.”
Facebook’s troubles, up to this point
Facebook has already been the target of Washington’s ire for months now. It has been cited as an alleged enabler of the January 6 Capitol Hill riot that sought to stop the transition to a Joe Biden presidency, despite the platform banning former president Donald Trump. Its platform had also been blamed for allowing the spread of information that has led to violence in parts of the world, including genocide in Myanmar.
The platform has already been accused of suppressing stories from progressive news outlets and censors information that conflicts with its own personal interest, and that its algorithms deliver the same kinds of information to people so they are not exposed to different viewpoints, as a number of public interest groups have claimed.
In 2018, Facebook made worldwide news after reports in the Guardian and the New York Times found nearly 100 million Facebook profiles were harvested by a company called Cambridge Analytica, which used the data to build profiles of people to provide them with material that made them sway in a political direction.
Federal regulators have already been looking to deal with Facebook and other Big Tech companies, as that has one clear agenda item of the Biden administration. The White House has already perched Amazon critic Lina Khan as the head of the Federal Trade Commission, which has recently filed a monopoly complaint against the company in court, and other figures, including Google critic Jonathan Kanter to the Department of Justice’s antitrust division.
Facebook’s week has gone from bad to worse. Haugen, a former Facebook product manager and Harvard MBA graduate, testified in a hearing titled “Protecting Kids Online” before the Subcommittee on Consumer Protection, Product Safety, and Data Security Hearing on Tuesday. Previous opposition to Facebook’s plans to expand its products to minors has come from external parties like public interest groups and Congress.
- Broadband Breakfast on October 20, 2021 — Get Your Share of $75 Billion in Broadband Grants with Broadband.Money
- Celebrating Progress on 5G, the FCC’s Brendan Carr Urges Broadband Mapping
- Democrats Use Whistleblower Testimony to Launch New Effort at Changing Section 230
- Democrats Frustrated with Biden Inaction on FCC, Comcast Gets 10 Gbps, Louisiana Wants Widespread Broadband
- UTOPIA Fiber Goes to Court in Utah Over American Fork’s Build Permit Refusals
- Internet of Things Will Revolutionize Industries as Connectivity Ceases To Be Limiting Factor
Signup for Broadband Breakfast
Antitrust4 months ago
Experts Disagree Over Need, Feasibility of Global Standards for Antitrust Rules
Broadband Roundup2 months ago
Senators Intro App Bill, Groups Drop TracFone Buy Complaint, States Want Shorter Robocall Deadline
Infrastructure3 months ago
Lumen Responds to Allegations it Underbuilds While Collecting Public Funds
Broadband Roundup2 months ago
Mapping Comment Deadline Extended, AT&T Gets Federal Contract, 5G and LTE Drive Microwave Demand
Antitrust4 months ago
House Judiciary Committee Clears Six Antitrust Bills Targeting Big Tech Companies
Antitrust2 months ago
Daniel Hanley: Federal Communications Commission Must Block Verizon’s Acquisition of TracFone
Broadband Roundup4 months ago
AT&T Labelling Over 1B Robocalls, NTIA Updates Broadband Guide, Fiber Assoc. Says Current Speeds Inadequate
#broadbandlive2 months ago
Broadband Breakfast on September 1, 2021 — What’s Next for Broadband Infrastructure Legislation?