Beware the Slippery Slope of Facebook Censorship
By Matt Taibbi, Rolling Stone
02 August 18
The social network is too big and broken to properly function, and these
"fixes" will only create more problems
You may have seen a story this week detailing how Facebook shut down a
series of accounts. As noted by Politico, Facebook claimed these accounts
"sought to inflame social and political tensions in the United States, and
said their activity was similar - and in some cases connected - to that of
Russian accounts during the 2016 election."
Similar? What does "similar" mean?
The death-pit for civil liberties is usually found in a combination of
fringe/unpopular people or ideas and a national security emergency.
This is where we are with this unsettling new confab of Facebook, Congress
and the Trump administration.
Read this jarring quote from Sen. Mark Warner (D-VA) about the shutting down
of the "inauthentic" accounts:
"Today's disclosure is further evidence that the Kremlin continues to
exploit platforms like Facebook to sow division and spread disinformation. I
also expect Facebook, along with other platform companies, will continue to
identify Russian troll activity and to work with Congress."
This was in a story in which Facebook stated that it did not know the source
of all the pages. They might be Russian, or they might just be Warner's idea
of "sowing division." Are we comfortable with that range of possibilities?
Many of the banned pages look like parodies of some paranoid bureaucrat's
idea of dangerous speech.
A page called "Black Elevation" shows a picture of Huey Newton and offers
readers a job. "Aztlan Warriors" contains a meme celebrating the likes of
Geronimo and Zapata, giving thanks for their service in the "the 500 year
war against colonialism."
And a banned "Mindful Being" page shared this, which seems culled from Jack
Handey's Deep Thoughts bit:
"We must unlearn what we have learned because a conditioned mind cannot
comprehend the infinite."
Facebook also wiped out a "No Unite The Right 2" page, appearing to
advertise a counter-rally on the upcoming anniversary of the violence in
Charlottesville, Virginia.
Facebook was "helped" in its efforts to wipe out these dangerous memes by
the Atlantic Council, on whose board you'll find confidence-inspiring names
like Henry Kissinger, former CIA chief Michael Hayden, former acting CIA
head Michael Morell and former Bush-era Homeland Security chief Michael
Chertoff. (The latter is the guy who used to bring you the insane
color-coded terror threat level system.)
These people now have their hands on what is essentially a direct lever over
nationwide news distribution. It's hard to understate the potential mischief
that lurks behind this union of Internet platforms and would-be government
censors.
As noted in Rolling Stone earlier this year, 70 percent of Americans get
their news from just two sources, Facebook and Google. As that number rises,
the power of just a few people to decide what information does and does not
reach the public will amplify significantly.
In a way, this is the other shoe dropping after last week's much-publicized
brouhaha over Infowars lunatic Alex Jones. Jones had four videos removed
from YouTube and had his Facebook page banned for 30 days, though he seemed
to find a way around that more or less instantly.
These moves were celebrated across social media, because who doesn't hate
Alex Jones?
The complainants in the Jones case included parents of Sandy Hook victims,
who have legitimate beef with Jones and his conspiratorial coverage. The
Infowars reports asserting the grieving parents were green-screen fakes were
not just demonstrably false and rightfully the subject of a defamation suit,
but also seemingly crossed a separate line when they published maps and
addresses of family members, who experienced threats.
When Jones and his like-minded pals cried censorship and bias, they came
across as more than a little disingenuous. After all, right-wingers have
consistently argued on behalf of the speech rights of big corporations.
Conservative justices have handed down rulings using the First Amendment to
hold back regulation of big tobacco and the gun industry, and to justify
unlimited campaign spending. Citizens United was a crucial moment in the
degradation of the First Amendment, essentially defining corporate influence
as speech.
As many pointed out last week, the Jones ban was not a legal speech issue -
not exactly, anyway. No matter how often Jones yelped about "Hitler levels
of censorship," and no matter how many rambling pages he and his minions
typed up in their "emergency report" on the "deep state plan to kill the
First Amendment," it didn't change the objectively true fact their ban was
not (yet) a First Amendment issue.
The First Amendment, after all, only addresses the government's power to
restrict speech. It doesn't address what Facebook, Google, YouTube and
Twitter can do as private companies, enforcing their terms of service.
So it's true, there was no First Amendment issue with the Jones ban. But
that's the problem.
The pre-Internet system for dealing with defamatory and libelous speech was
litigation, which was pretty effective. The standard for punishment was also
very high. In the 1964 Supreme Court case New York Times v. Sullivan - the
bedrock case for libel law involving a public figure - the court went out of
its way to make sure that complainants needed to prove reckless or knowing
disregard for fact.
Among other things, the court worried that absent such a tough legal
standard, outlets would play it too safe with speech, and "make only
statements which 'steer far wider of the unlawful zone.'"
This mostly worked. Historically there were few analogs to Infowars that got
anything like wide distribution because of the financial threat, which
scared publishers most of all. In order to have power to distribute widely
you needed resources, but you put those resources at risk if you defamed
people.
That all changed with digital media. Way back in 1996, when mastodons roamed
the earth and people used dial-up to connect to the Internet, Congress
passed the Communications Decency Act. It contained the following landmark
language:
"No provider or user of an interactive computer service shall be treated as
the publisher or speaker of any information provided by another information
content provider."
Essentially this meant that Internet providers wouldn't be treated like news
organizations. In the eyes of the law, they were less like CBS or Random
House than they were bookstores or newsstands.
The rule allowed platforms to grow exponentially without the same fear of
litigation. Companies like Facebook and Google became all-powerful media
distributors, and were able to profit from InfoWars-style programs without
having to be liable for them.
This led to the flowering of so much obnoxious speech that the First
Amendment acquired a reputation as a racist con, and online media
distributors, instead of being sued themselves as publishers, began to be
viewed as potential restorers of order, beneficent censors.
Now, at a moment of crisis and high political tension, the public seems
unable to grasp the gravity of allowing the government or anyone else to use
that power.
It is already a scandal that these de facto private media regulators have
secret algorithmic processes that push down some news organizations in favor
of others. Witness the complaints by outlets like Alternet, Truthdig and
others that big platforms have been de-emphasizing alternative sites in the
name of combating "fake news."
But this week's revelation is worse. When Facebook works with the government
and wannabe star-chamber organizations like the Atlantic Council to delete
sites on national security grounds, using secret methodology, it opens the
door to nightmare possibilities that you'd find in dystopian novels.
The sheer market power of these companies over information flow has always
been the real threat. This is why breaking them up should have long ago
become an urgent national priority.
Instead, as was obvious during the Senate hearing with Mark Zuckerberg
earlier this year, politicians are more interested in using than curtailing
the power of these companies. The platforms, for their part, will cave
rather than be regulated. The endgame here couldn't be clearer. This is how
authoritarian marriages begin, and people should be very worried.
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