What does Facebook mean when it says it supports “internet regulations”?

Facebook, tech, social media, United States of America

Erin Simpson, associate director for technology policy at Washington, D.C.–based think tank The Center for American Progress, had a message for Facebook. Last year, she co-wrote a pair of reports advising major social media platforms, like Facebook, on how to better address the twin crises of and .

But Facebook has also been pushing a message at her.

For more than a year, Simpson had been noticing ads pop up with the same phrasing: Facebook “supports updated internet regulations,” the ads always said.

The ads appeared in podcasts and on . A few months ago, when she went to the grocery store to make a copy of a key, Simpson was startled to see that even the key copying machine was flashing the message.

“These ads follow me everywhere,” Simpson said.

“How is it here? I’m at Safeway and it’s on the key copying machine. It’s taunting me.”

For years, Congress has debated how to best regulate the tech giants that hold an increasing amount of control over human communication. But no comprehensive legislation dictating their behavior has been passed in a generation. According to a slew of ads like the one Simpson saw, along with public statements, blog posts, op-eds, and congressional testimony from CEO Mark Zuckerberg, Facebook would very much like to change that. The company, which spent on advertising last year, has maintained a consistent public message: Facebook is not the one slowing down internet regulation in this country, and the company would certainly welcome reasonable curbs on its power.

Key copying enthusiasts and members of Congress aren’t the only targets for this message. Facebook has peppered its own platform with a PR campaign aimed at users.

The Markup has seen the ads turn up repeatedly on the Facebook feeds of our panel, a group of some 1,800 users that automatically share their news feed data with us. Of the 1,000 most common ads appearing on our panelists’ feeds between Nov. 1, 2020, and Aug. 27 of this year, just one ad was from Facebook itself: “It’s been 25 years since comprehensive internet regulations were passed,” the text of the ad says. “It’s time for an update.”

Targeting information collected by Citizen Browser showed the ads were aimed at users interested in “politics” and, where additional ideological targeting was available, largely to “people in the USA who are likely to engage with liberal political content.”

But why is Facebook pushing for “regulations” that would curb its own power, and what exactly are the regulations it supports?

The ads are not explicit, but proposals and pieces of proposals laid out on Facebook’s , which is linked in the Facebook ads, as well as in and congressional from Facebook CEO Mark Zuckerberg, offer some insight into what Facebook wants. Facebook also provided directly when The Markup reached out for information.

In short, Facebook’s proposals seem to consist largely of implementing requirements for content moderation systems that Facebook has previously put in place, potentially forcing competitors to do work Facebook has already done. While there are instances, in some cases, of Facebook asking for guidance on how certain thorny questions should be handled, most of Facebook’s proposals seem unlikely to fundamentally change how the company itself does business.

For skeptics about Facebook’s efforts, like Nathalie Maréchal, who does work on platform accountability at the New America Foundation’s project, the biggest problem with Facebook’s proposals are the things it doesn’t mention—the nonpolitical advertising that is the core of Facebook’s business.

“The bigger picture here is that as long as everyone is focused on user content and all of its discontents, we are not talking about advertising. We are not talking about the money,” Maréchal explained. “It’s a PR blitz to get lawmakers and other policy-adjacent people to believe that Facebook is not standing in the way of change.”

Why is Facebook saying it wants regulation?

Surveys show Americans are broadly supportive of imposing new regulations on social media platforms. For example, a recent Morning Consult found that more than three-quarters of Democrats and more than half of Republicans would back legislation holding platforms accountable for spreading COVID-19 misinformation.

Lawmakers around the country have taken notice of that sentiment. There were introduced this year regarding digital privacy. Lawmakers in have introduced bills this year that would penalize social media platforms for taking down political content, most of which were introduced after former president Donald Trump was suspended from the major social media platforms for provoking violence in the wake of the 2020 election.

There’s also been action at the federal level, with legislation like Sens. Amy Klobuchar and Ben Luján’s or Sens. Brian Schatz and John Thune’s . Last year, the House Antitrust subcommittee issued a calling out Facebook for anti-competitive practices, and the Biden administration has pursued into the company’s practices.

Regulation, it seems, is in the air. Facebook, experts say, has a strong incentive to get out in front of it while also steering the conversation about new rules to the areas where it’s comfortable seeing tighter government controls and away from areas where it isn’t.

“Facebook is just reading the tea leaves,” Simpson said. “And they’re trying to put themselves in a position where they think they would have some credibility in the legislative conversation by saying that they’re interested in policy—not that they’re reflexively against it.”

When The Markup reached out to Facebook asking for details on its regulatory proposals, spokesperson Rachel Holland replied with a statement highlighting how Facebook developed its moderation processes.

“Facebook regularly works with external stakeholders when developing our Community Standards to balance competing interests, such as freedom of expression, safety, and privacy,” Holland said. “Depending on the topic, we will continue to work with subject matter experts, civil society organizations, and law enforcement, among others, to develop robust content policies that keep communities safe and apply to a global user base.”

Facebook isn’t the first technology company to publicly push for greater regulation. Microsoft, for example, has been a of tighter regulations on the use of facial recognition technology. A law passed in the company’s home state of Washington last year regulating facial recognition technology was sponsored by a lawmaker who for Microsoft.

Facebook spent lobbying the U.S. government last year, making it the of any organization. However, Sen. Mark Warner, who has introduced about regulating big tech platforms, said Facebook hasn’t been doing a lot of the things savvy corporations do when they want their favored legislation passed.

“There’s no doubt that Facebook, like other industry giants, knows exactly what it takes to get a bill passed and signed into law. Unfortunately, despite a pervasive ad campaign designed to tout its support for updated internet regulations, Facebook’s proactive engagement has been limited and it has continued to sponsor a number of groups focused on undermining regulatory proposals,” Warner told The Markup. “As we continue to try to bring internet law into the 21st century, I invite Facebook to engage meaningfully with my office on this complex issue.”

Facebook’s  campaign is more than political; it’s public relations, said Matt Navarra, a U.K.-based social media consultant who produces a newsletter and podcast about social platforms. Facebook’s decision to go directly to the public with its legislative message, in addition to its lobbying, he said, is part of a larger shift in brand marketing, largely enabled by social platforms like Facebook.

“It wasn’t so many decades ago that if a company had a big issue it was trying to influence, it would just stick to the usual routes of lobbying ministers and making their products seem super amazing,” Navarra explained. “Now it’s easy to build a community around a cause and activate people. We’ve seen a shift in how people communicate and engage with each other because of those platforms, and that’s led to a shift in why companies want to reach consumers with these messages.”

What exactly is Facebook proposing?

Facebook’s ad campaign centers on the Communications Decency Act. The 1996 law has a provision, , which makes websites generally posted by users and provides the legal basis platforms use to justify their content moderation policies. Section 230 is widely considered the guiding legal principle for the modern internet; since many people across the political spectrum have qualms about the modern internet, Section 230 has become something of a flashpoint.

Facebook’s ads, which often at least obliquely reference Section 230, wisely don’t mention many of the specific reasons people might be upset enough with Facebook to desire new rules governing its conduct. Instead, the ads focus on the law’s age. The quarter-century since its passage is an eternity in internet years.

In before Congress in March, Zuckerberg proposed that the law should be updated to require tech platforms to have certain content moderation policies and systems in place to catch “unlawful content and activity on their platforms.” If those systems exist, platforms can continue to enjoy all the protections—meaning essentially zero liability for anything that’s posted on their platforms—of Section 230.

He went on to ask Congress to pass legislation to “bring more transparency, accountability, and oversight to the processes by which companies enforce their rules about content that is harmful but legal.”

While Zuckerberg’s testimony doesn’t go into detail, proposals in Facebook’s public-facing policy documents, conveniently, mostly happen to be things that Facebook already put in place following public pressure. Some are things already required of the company by laws like the European Union’s General Data Protection Regulation () or the California Consumer Privacy Act ().

These processes, outlined , include:

  • Allowing users to report problem content and having a content moderation program in place—both of which Facebook .
  • Having some form of external body evaluate content moderation standards and also provide oversight on enforcement decisions. Facebook already has an .
  • Publishing content moderation standards, which Facebook after those standards were to The Guardian.
  • Providing transparency into how content moderation standards are set, which Facebook has done since 2018 by publishing the of the internal meetings where its content policy is set (although those minutes were eventually replaced by glossy, less informative slide presentations).
  • Giving users input on content rules, which Facebook at least ostensibly does through its “” process.
  • Allowing affected users to appeal content moderation decisions, a process Facebook in 2018.
  • Requiring responses to all user-initiated content reports, which Facebook users can on the platform.
  • Notifying users when their content is removed, which Facebook .
  • Disclosing publicly aggregate content enforcement numbers, which Facebook has been doing for years, with companies potentially getting hit with more oversight or even sanctions if the prevalence of offending content on their platform hits a certain threshold.

The documents in Facebook’s regulation hub also spell out a handful of things Facebook doesn’t want to see in new rules.

The company says it is requiring platform moderators to pre-approve user content before it can be posted, short time frames for taking down content, the criminalization of misinformation, and any kind of specific product design mandates. Facebook also says that, ideally, any content moderation requirements should scale up with size, giving smaller platforms more leeway than larger ones.

Facebook singled out existing proposals for regulating political ads to combat foreign interference—the and the —as ones it supports, although, as Quartz , Facebook simultaneously claimed to back the Honest Ads Act in public while lobbying against its passage in private.

The company favors passing federal privacy legislation modeled very closely on privacy rules already on the books in Europe. “I believe it would be good for the internet if more countries adopted regulation such as GDPR as a common framework,” Zuckerberg in a 2019 Washington Post op-ed.

In that same op-ed, he supported requiring platforms to have data portability, which is the idea that, as Zuckerberg wrote, “if you share data with one service, you should be able to move it to another.”

An element of data portability is mandated as part of the GDPR and the CCPA, and in the op-ed, Zuckerberg highlighted Facebook’s support for the , an open-source initiative creating a common framework for sharing user data among online service providers. Facebook has a for users to port things like their photos and posts but doesn’t currently offer the ability to move users’ friends lists to other services, as as a way to more meaningfully increase competition.

In addition to requiring some measure of data portability, Facebook it hopes the government provides guidance on some of the privacy issues surrounding moving data across platforms, particularly when moving one person’s data also involves transferring information about other users. For example, what happens if someone ports their friends list from a social network where people can go by pseudonyms to one where everyone uses their real name? That could expose people’s real identities without their consent.

Daphne Keller, director of the Program on Platform Regulation at Stanford’s Center for Internet and Society, said this desire for clarity is likely born out of regulatory inconsistencies surrounding data portability under E.U. law that the company wouldn’t want to see replicated under U.S. law. “They wanted people to stop asking them for incompatible things, for someone with authority to tell them what the real answer is,” Keller said. “They don’t care what it is. They just want someone to decide so they’re not in an impossible position.”

Could passing Facebook’s proposals actually be harmful? 

Offering already implemented policy changes, said Maréchal of Ranking Digital Rights, lets Facebook crowd out tougher legislation, like a proposed bill that would require transparency in . The bill, which has , popped up in May in the wake of Facebook’s to NYU researchers studying ad targeting on the platform. Many of Facebook’s now favored policies, Maréchal noted, were pushed by public interest groups over the course of a decade before Facebook finally implemented them. “They’re conceding on a point that they’ve already lost,” she said.

And new regulations might very well hurt competitors more than they hurt Facebook.

Even just dragging GDPR across the pond from Europe, as Facebook suggests, would trigger significant compliance costs from U.S. companies. While major players with big European footprints, like and , have GDPR compliance all squared away, Keller notes that many other U.S. firms would almost certainly have to invest significant resources to survive an investigation by European regulators.

Scaling these requirements up as companies grow, as Facebook suggests, is a common feature in this type of legislation.

However, Aaron Mackey, a senior staff attorney at the Electronic Frontier Foundation who has about Facebook’s proposals, worries that setting up a regulatory framework where the end goal is to be like Facebook directly encourages an internet where everything works like Facebook.

“Not every large social media service desires or aspires to be like Facebook or even aspires to monetize their users in a certain way. That’s a problem too, this idea that the law should be modeled off of one individual company and the way they have developed their business model,” Mackey said. “There are a lot of for-profit or community-led or individual-led user-generated services and social networks that don’t have that model and they don’t aspire to be like Facebook.”

Facebook’s proposals haven’t seemed to gain much traction on Capitol Hill. After Zuckerberg put forward these ideas in congressional testimony earlier this year, Politico lawmakers on both sides of the aisle who were deeply skeptical of his intentions.

“Mark Zuckerberg knows that rolling back section 230 will cement Facebook’s position as the dominant social media company and make it vastly harder for new startups to challenge his cash cow,” Sen. Ron Wyden, a Democrat who was an original author of Section 230, told Politico.

“Section 230 reform will hit Facebook regardless of what these self-interested Silicon Valley CEOs want,” concurred Republican senator Marsha Blackburn, also to Politico. “Big Tech only wants reform when it bolsters their power at the expense of competitors.”

Additional reporting by Corin Faife

This article was by Aaron Sankin and was republished under the

Internet Explorer Channel Network
News Related


GS Energy to import ADNOC's blue hydrogen to South Korea

GS Energy CEO Huh Yong-soo (GS Caltex)GS Energy said Monday it will bring blue hydrogen produced by Abu Dhabi National Oil Co., the United Arab Emirates’ biggest energy producer, to ... Read more »

Police make public plea in race to find missing Cleo

© Provided by Daily Mail MailOnline logo Police have made a desperate plea for anyone who visited a remote campsite in Western Australia where a four-year-old girl went missing to ... Read more »

Samsung's used phone upcycling program wins global award

Samsung Electronics repurposed an old Galaxy S9 to control home lighting autonomously (Samsung Electronics)The used phone upcycling program of Samsung Electronics has been chosen as an exemplary case of responsible ... Read more »

Weaker won, rising fuel price knock airlines' confidence in recovery

Incheon International Airport’s fuel storage tanks are seen Monday, with a Korean Air plane in the background. (Yonhap)Rising fuel prices and a weak local currency are dampening the mood for ... Read more »

LG Energy Solution, Stellantis team up for joint battery factory in US

Logos of Stellantis and LG Energy Solution (LG Energy Solution)LG Energy Solution and global automaker Stellantis said Monday they will form a joint venture in the United States to target ... Read more »

18 years on, is Singapore capable of making blockbuster video games?

SINGAPORE – Some 18 years after the Government announced support for video game development in Singapore, leading many people to seriously consider a career in the industry, there are now ... Read more »

Kourtney Kardashian confirms engagement to Travis Barker with ‘Forever' Instagram post

Kourtney Kardashian confirms engagement to Travis Barker with ‘Forever’ Instagram post Kourtney Kardashian confirmed she is engaged to Travis Barker after the Blink-182 drummer proposed on Sunday (17 October). The ... Read more »

The ‘extreme pain and misery' behind horror classic The Evil Dead

The Evil Dead was written and directed by Sam Raimi and produced by Robert Tapert – Alamy Stock Photo With the continued success of Marvel and other superhero movies, it’s ... Read more »

The gap between reckless Brexit promises and reality will soon be too big to ignore

What must it be like to be in the inner circles of this government, watching the economy bounce from crisis to crisis? Shortages mount, while livestock that suddenly cannot be ... Read more »

Redmi Note 11 series specs leaked online, may launch soon

Redmi is reportedly working on the Note 11 series. The upcoming series will succeed the Redmi Note 10 series smartphones. Rumours are already rife about the Redmi 11 series. Adding ... Read more »

Facebook plans to hire 10,000 EU workers to create its new 'metaverse'

© Olivier Douliery, AFP Facebook says it plans to hire 10,000 workers in the European Union over the next five years to work on a new computing platform where people exist ... Read more »

Huge investment by Ford at Halewood site to make electric vehicle components

Car giant Ford is to invest £230 million in one of its UK factories to make electric vehicle components, giving a huge boost to the motor industry. The company said ... Read more »

247,000 self-employed people lost job in past year: report

An empty store displays a “for lease” sign. (Yonhap)Some 247,000 sole proprietors have lost jobs amid prolonged social distancing regulations in the wake of the COVID-19 pandemic, data showed Monday. ... Read more »

LG Energy Solution signs MOU with Stellantis for EV battery production

SEOUL, Oct. 18 (Yonhap) — LG Energy Solution Ltd., a South Korean battery maker, said Monday it has signed a memorandum of understanding (MOU) with multinational carmaker Stellantis N.V. to ... Read more »

Korea Shipbuilding grabs W416b order for 2 container carriers

(Daewoo Shipbuilding & Marine Engineering Co.)Korea Shipbuilding & Offshore Engineering Co. (KSOE) said Monday it has signed a 416 billion-won ($350.4 million) deal to build two container carriers. Under the ... Read more »

Tuition agency, owner of home services website fined over leaks of personal data

SINGAPORE – The personal data of 4,625 students of a home tuition agency was leaked and sold on the Dark Web because the agency failed to fix a security flaw ... Read more »

These Magnum-Inspired Cocktails Give You Dessert in a Drink

Having a cocktail is already quite a treat but what if your drink could also be your dessert? These fancy cocktail recipes are inspired by Magnum’s new Destinations ice cream ... Read more »

Factory farms of disease: how industrial chicken production is breeding the next pandemic

One day last December, 101,000 chickens at a gigantic farm near the city of Astrakhan in southern Russia started to collapse and die. Tests by the state research centre showed ... Read more »

Foxconn launches three made-to-order electric vehicle concepts as it steals the march on Apple's secret automotive project

Foxconn Technology Group unveiled its first electric vehicles, a milestone that could boost the Taiwanese electronics manufacturer’s credentials as a serious bidder for Apple’s secretive automotive project. The SUV and ... Read more »

China to keep up scrutiny of internet sector: Report

China will continue its scrutiny of the internet sector, rooting out practices including the blocking of site links by rival platforms and ensuring smaller players have room to develop, its ... Read more »

Google sent 50,000 warnings to users on government-back hackings

Google has said that so far in 2021, it has sent over 50,000 warnings to those whose accounts were the target of government-backed phishing or malware attempts, a nearly 33 ... Read more »

Roberto de Zerbi: “Soy un entrenador que lleva el 10 a la espalda”

© JENNIFER LORENZINI (Reuters) Roberto de Zerbi, durante un partido del Sassuolo de la pasada campaña. Roberto de Zerbi oficiará de anfitrión del Real Madrid en Champions, este martes (21.00 ... Read more »

Apple's ‘Unleashed' event today: How to watch live stream

Apple is set to host another special event of the year 2021. The company will host its ‘Unleashed’ event at 10:30 pm IST. At today’s event, the company is expected ... Read more »

Take a Closer Look at Hidilyn Diaz's Weightlifting-Inspired Engagement Ring

© Provided by Female Network © Provided by Female Network Zoom in and you’ll see that Hidilyn’s diamond ring is actually being lifted by a tiny gold barbell!  IMAGE (FROM ... Read more »

China update: our reporter's round-up of the biggest news from the past 7 days

Happy Monday! I’m Amber Wang, a reporter at the South China Morning Post who focuses on diplomacy and defence, with your Monday update on the biggest news items from the ... Read more »

Cardi B jokes she's ‘famous famous' after realising YOU star Penn Badgley is a fan

Cardi B jokes she’s ‘famous famous’ after realising YOU star Penn Badgley is a fan Cardi B is ecstatic after realising that You star Penn Badgley is a fan. The ... Read more »

Braves walk off with second straight win to put Dodgers down 2-0 in NLCS

Eddie Rosario smoked a line drive single up the middle to drive in Dansby Swanson and give the Atlanta Braves their second straight walk-off win to open the National League ... Read more »

Facebook plans to hire 10,000 people in Europe to build its metaverse

Earlier this year, the social media giant announced its product teams is working on the metaverse and it has committed $50m (£36.4m) to the project. Read more »

5 K-pop idols with weird allergies: BTS' Jin can't eat garlic or potatoes, Twice's Jihyo avoids pineapples and NCT's Jeno is allergic to cats – but has 3 of them

Plenty of people suffer from common allergies such as cat dander or nuts – and K-pop stars are no exception. In fact, some of Korea’s biggest stars seem to be ... Read more »

Storyboard | Instagram launches an ad blitz. Here's why

As part of its latest advertising blitz, Instagram will run five television commercials and 11 on-platform videos during the upcoming T20 Cricket World Cup tournament. Instagram has over 21 crore ... Read more »

Apple fired leader of #AppleToo movement, here's what she has to say on her sacking and more

For the last few months, Apple employees started a ‘movement’ and had working to find out if fellow employees had faced any harassment or discrimination at work. Called the #AppleToo ... Read more »

Amazon app quiz October 18, 2021: Get answers to these five questions to win Rs 20,000 in Amazon Pay balance

Body: Win Rs 20,000 in your Amazon Pay balance today! You just have to answer 5 questions and a bit of luck. Amazon is back with its daily dose of ... Read more »

Facebook looks to capitalise on India's gaming boom

India is the third largest market for Facebook in terms of game play sessions, clocking 234 million sessions in the two month period during July and August 2021, a top ... Read more »

La muerte en prisión del general Baduel eleva el cerco contra Maduro

© Miguel Gutiérrez (EFE) La abogada de la familia Raúl Isaías Baduel, Yasnaida Villalobos (c), habla durante una rueda de prensa, el viernes en Caracas. El general Raúl Isaías Baduel ... Read more »

TechLife's December 2021 issue is out now!

The latest issue of TechLife is now on sale! This issue boasts and in-depth guide to making the big switch from Windows to Linux! With Windows 11 on the way, ... Read more »

'Game-changing' technologies like AI raise issues of ethics and philosophy: DBS CEO

DBS chief executive Piyush Gupta at the Tech3 Forum on Oct 15, 2021. SINGAPORE – Imagine the day when insurance companies use artificial intelligence (AI) and genetics technology to determine ... Read more »

Samsung Heavy wins $1.7b order for 7 shuttle tankers

This photo shows a shuttle tanker built by the shipbuilder. (Samsung Heavy Industries Co.)Samsung Heavy Industries Co. said Monday that it has signed a $1.7 billion order to provide design, ... Read more »

POSCO chief to lead World Steel Association for 3 years

By Kim Hyun-bin POSCO Group Chairman Choi Jeong-woo has been appointed to be part of the executive board of directors for the World Steel Association, and is scheduled to become ... Read more »

South Carolina woman found safe after handing ominous note to cashier before fleeing

A woman in South Carolina was found unharmed after giving a cashier a note saying that the man she was with “was going to hurt her.” York County Sheriff’s Office ... Read more »

Samsung Heavy wins US$1.7 bln order for 7 shuttle tankers

By Nam Kwang-sik SEOUL, Oct. 18 (Yonhap) — Samsung Heavy Industries Co. said Monday that it has signed a US$1.7 billion order to provide design, parts and blocks for seven ... Read more »