May 27, 2020 — Current social media algorithms and big tech tactics are making our information less reliable and our discourse less productive amid the coronavirus, said participants on a Ranking Digital Rights webinar Wednesday.
Nathalie Maréchal, senior policy analyst at Ranking Digital Rights, said that tech companies do not have an incentive to distribute the most reliable information. Rather, the algorithms used by big tech only serve to reinforce presuppositions held by their users.
It can be challenging to regulate potentially malicious content because doing so requires that “we all have the same definition of what is true,” Maréchal added.
Large social media platforms like Twitter have faced numerous complaints about their algorithms in the past, and while CEOs like Jack Dorsey have proposed potential solutions, the problem persists.
Maréchal suggested legislation that would hold tech companies who host ads on their websites to the same standard as television and print ads. The Honest Ads Act, sponsored by Sens. Amy Klobuchar, D-Minn., Mark Warner, D-Va., and Lindsey Graham, R-S.C., would force ad platforms to go to “reasonable efforts” to make sure that foreign actors are not behind the ads they host.
“Passing the honest ads act is a total no-brainer and should have happened a long time ago,” Maréchal said.
Free Press Senior Policy Counsel Gaurav Laroia agreed. The online world should reflect the physical one, he said, in that it is equally wrong to lie to individuals for personal gain.
“Really, there should be no difference between the offline, rights-respecting world, and the one that exists online,” he added.
Experts Warn Against Total Repeal of Section 230
Panelists note shifting definition of offensive content.
Experts emphasized that it is not possible for platforms to remove from their site all content that people may believe to be dangerous. They argue that Section 230 of the Communications Decency Act, which shields platforms from legal liability with respect to what their users post, is necessary in at least some capacity.
During discussion between these experts at Broadband Breakfast’s Live Online Event on Wednesday, Alex Feerst, the co-founder of the Digital Trust and Safety Partnership, who used to work as a content moderator, said that to a certain extent it is impossible for platforms to moderate speech that is “dangerous” because every person has differing opinions about what speech they consider to be dangerous. He says it is this ambiguity that Section 230 protects companies from.
Still, Feerst believes that platforms should hold some degree of liability for the content of their sites as harm mitigation with regards to dangerous speech is necessary where possible. He believes that the effects of artificial intelligence’s use by platforms makes some degree of liability even more essential.
Particularly with the amount of online speech to be reviewed by moderators in the internet age, Feerst says the clear-cut moderation standards are too messy and expensive to be viable options.
Matt Gerst, vice president for legal and policy affairs at the Internet Association, and Shane Tews, nonresident senior fellow at the American Enterprise Institute, also say that while content moderation is complex, it is necessary. Scott McCollough, attorney at McCollough Law Firm, says large social media companies like Facebook are not the causes of all the problems with social media that are in the national spotlight right now, but rather that social features of today’s society, such as the extreme prevalence of conflict, are to blame for this focus on social media.
Proposals for change
Rick Lane, CEO of Iggy Ventures, proposes that reform of Section 230 should include a requirement for social media platforms to make very clear what content is and is not allowed on their sites. McCullough echoed this concern, saying that many moderation actions platforms take presently do not seem to be consistent with those platforms’ stated terms and conditions, and that individual states across the nation should be able to look at these instances on a case-by-case basis to determine whether platforms fairly apply their terms and conditions.
Feerst highlighted the nuance of this issue by saying that people’s definitions of “consistent” are naturally subjective, but agrees with McCullough that users who have content removed should be notified of such, as well as the reasoning for moderators’ action.
Lane also believes that rightfully included in the product of Section 230 reform will be a requirement for platforms to demonstrate a reasonable standard of care and moderate illegal and other extremely dangerous content on their sites. Tews generally agreed with Lane that such content moderation is complex, as she sees a separation between freedom of speech and illegal activity.
Gerst highlighted concerns from companies the Internet Association represents that government regulation coming from Section 230 reform will require widely varied platforms to standardize their operation approaches, diminishing innovation on the internet.
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the November 17, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.
Wednesday, November 17, 2021, 12 Noon ET — The Changing Nature of the Debate About Social Media and Section 230
Facebook is under fire as never before. In response, the social-networking giant has gone so far as to change its official name, to Meta (as in the “metaverse”). What are the broader concerns about social media beyond Facebook? How will concerns about Facebook’s practices spill over into other social media networks, and to debate about Section 230 of the Communications Act?
Panelists for this Broadband Breakfast Live Online session:
- Scott McCullough, Attorney, McCullough Law Firm
- Shane Tews, Nonresident Senior Fellow, American Enterprise Institute
- Alex Feerst, Co-founder, Digital Trust & Safety Partnership
- Rick Lane, CEO, Iggy Ventures
- Matt Gerst, VP for Legal & Policy Affairs, Internet Association
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
- Where is Our Intellectual Immune System?, by Alex Feerst in Cato Unbound
- A New Hope For Moderation And Its Discontents?, by Alex Feerst in Techdirt
- Your Speech, Their Rules: Meet the People Who Guard the Internet, by Alex Fierst in OneZero
- Content Moderation: Section 230 Of The Communications Decency Act, from Matt Gerst, by the Internet Association
- A Path Forward For Section 230, from Matt Gerst, by K. Dane Snowden of the Internet Association
- The Reality Of Revoking Section 230, from Matt Gerst, by Jon Berroya of the Internet Association
- Consumers Rely On Section 230 For Holiday Shopping, from Matt Gerst, by the Internet Association
- A co-author of Section on the law’s past, present, and future (with former Rep. Chris Cox), a podcast by Shane Tews from AEI
- Should Section 230 be reformed? (with Neil Fried), a podcast by Shane Tews from AEI
- Antiquated CDA 230 Immunity for TikTok Could Aid China’s Secret Efforts to Undermine U.S. Cyber-Security, by Rick Lane
- CDA 230, Frankenstein, Oppenheimer and the Social Dilemma, by Rick Lane
- Text of Section 230, “Protection for private blocking and screening of offensive material”
- On Regulating Social-Media Platforms, Follow Texas, Not Florida, by Clare Morell in National Review
- Broadband Breakfast Live Online Launches Series on Section 230: Separating Fact from Fiction, 3-Part Series in July 2020
W. Scott McCollough has practiced communications and Internet law for 38 years, with a specialization in regulatory issues confronting the industry. Clients include competitive communications companies, Internet service and application providers, public interest organizations and consumers.
Shane Tews is a nonresident senior fellow at the American Enterprise Institute (AEI), where she works on international communications, technology and cybersecurity issues, including privacy, internet governance, data protection, 5G networks, the Internet of Things, machine learning, and artificial intelligence. She is also president of Logan Circle Strategies.
Alex Feerst is a lawyer and technologist focused on building systems that foster trust, community, and privacy. He leads Murmuration Labs, which helps tech companies address the risks and human impact of innovative products, and co-founded the Digital Trust & Safety Partnership, the first industry-led initiative to establish best practices for online trust and safety. He was previously Head of Legal and Head of Trust and Safety at Medium, General Counsel at Neuralink, and currently serves on the editorial board of the Journal of Online Trust & Safety, and as a fellow at Stanford University’s Center for Internet and Society.
Rick Lane is a tech policy expert, child safety advocate, and the founder and CEO of Iggy Ventures. Iggy advises and invests in companies and projects that can have a positive social impact. Prior to starting Iggy, Rick served for 15 years as the Senior Vice President of Government Affairs of 21st Century Fox.
Matt Gerst is the Vice President for Legal & Policy Affairs and Associate General Counsel at Internet Association, where he builds consensus on policy positions among IA’s diverse membership of companies that lead the internet industry. Most recently, Matt served as Vice President of Regulatory Affairs at CTIA, where he managed a diverse range of issues including consumer protection, public safety, network resiliency, and universal service. Matt received his J.D. from New York Law School, and he served as an adjunct professor of law in the scholarly writing program at the George Washington University School of Law.
Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.
As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
Social Media Companies Noncommittal on Bipartisan Calls for Changes to Content Regulation
Platform representatives did not commit to legislation that would increase online protections for kids.
WASHINGTON, October 28, 2021 – Members of the Senate Commerce Subcommittee on Consumer Protection on Tuesday lobbed concerns at representatives from Snapchat, TikTok and YouTube about what their platforms put in front of kids, as the platforms did not commit to changes proposed by lawmakers who are winding down a month that included revelations of the negative impact social media can have on the mental health of kids.
During the hearing, subcommittee chairman Sen. Richard Blumenthal, D-Connecticut, said his staff had created a TikTok account and while at first they were shown videos of dance trends that have been popularized on the app, it only took one week for the app’s algorithm to place videos encouraging suicidal ideation on their feed. Blumenthal also noted that through viewing fitness-related videos geared toward a male audience on social media, it only took one minute to find posts promoting illegal steroids.
Blumenthal also raised other concerning videos his staff found, including a stunt whereby kids are encouraged to hold their breath until they lose consciousness.
In response, Michael Beckerman, TikTok’s head of public policy, stated that TikTok has “not been able to find any evidence of a blackout challenge on TikTok at all.” In response to Beckerman, Blumenthal said that his office had been able to find “pass out videos” and that he found Beckerman’s statements on the matter to be unreliable.
Tuesday’s hearing comes mere weeks after a Facebook whistleblower testified that the company does not take action on its own internal research that shows its photo-sharing app Instagram has a negative impact on kids health because it conflicts with its profit-driven motion. The testimony came after the whistleblower, Frances Haugen, leaked the research to the Wall Street Journal and the Securities and Exchange Commission. Since then, Facebook has halted development of an Instagram app for kids.
The hearing pressed tech platform representatives on social media policies that lawmakers say have led to the sale of illegal drugs to minors online, the exposure of minors to content which promotes self harm and access to children for sexual predators.
Senators also criticized the social media platforms’ lack of data privacy policies and contended that they often refuse to cooperate with law enforcement investigations as well as display indifference toward keeping children from using their platforms. Both Snapchat and TikTok’s representatives committed to providing access to the algorithms used in their apps after Senators asked whether they would.
However, the representatives would not all commit their companies to supporting proposed regulatory legislation such as the Children and Teen’s Online Privacy Protection Act written by subcommittee member Sen. Ed Markey, D-Massachusetts, which prohibits the collection of personal information without consent for kids ages 13 to 15 years., bans targeted advertising directed to kids, and lets kids and teens erase any personal info collected on them at any point with an erase button
The representatives also did not commit to supporting the EARN IT Act of 2020, which would amend Section 230 and allow social media platforms to be held liable in cases where they are suspected to have caused harm to children. Throughout the hearing, the social media representatives tended to emphasize the importance of trying to take an active role in controlling what their children are viewing on social media.
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
- Panel Concludes U.S. Relatively Unprepared to Lead Global Push for Web Transparency
- Critics Concerned Infrastructure Bill Money Will Go to Satellites, Harm Fiber Builds
- Rosenworcel Confirmed, Rohingya Meta Class Action, FTTH Builds Increase, WOW! Offers 1 Gig
- FCC Takes Stock of Telehealth Successes, But Acknowledges a Long Way to Go at Agency Event
- CaptionCall $40 Million Settlement, World Bank Broadband in Rwanda, Tribal Broadband Money Not Enough
- Render Networks and Irby Ahead of Schedule on Arkansas Fiber Build
Signup for Broadband Breakfast
Broadband Roundup4 months ago
Senators Intro App Bill, Groups Drop TracFone Buy Complaint, States Want Shorter Robocall Deadline
Broadband Roundup3 months ago
Mapping Comment Deadline Extended, AT&T Gets Federal Contract, 5G and LTE Drive Microwave Demand
#broadbandlive3 months ago
Broadband Breakfast on September 1, 2021 — What’s Next for Broadband Infrastructure Legislation?
Broadband Roundup2 months ago
Cox’s Wireless Deal with Verizon Dies, Apple Appeals Epic Games Case, AT&T’s Fiber Investment
Broadband Roundup3 months ago
FCC and FTC Announce Open Meeting Agendas and AT&T Signs Deal with OneWeb
Antitrust4 months ago
Antitrust Experts Zero In on Big Tech and Consumer Welfare Standard at Aspen Forum
Expert Opinion3 months ago
Shrihari Pandit: States Can Enable Broadband Infrastructure Through Open Access Conduits
Broadband Roundup2 months ago
AT&T Hurricane Survey, FCC Announces $1.1B from Emergency Connectivity Fund, Comcast’s Utah Plans