Mark Zuckerberg (Facebook Co-founder) – Discussion with Cass Sunstein (Jul 2019)

Chapters

Abstract

The Evolving Landscape of Social Media Regulation: Insights from Zuckerberg and Sunstein

In a recent discussion hosted by Jamie Miller of the Aspen Institute, Facebook founder Mark Zuckerberg and legal scholar Cass Sunstein delved into the complex world of social media, democracy, and regulation. This article, drawing on the critical insights from their conversation, underscores the pressing need for government regulation in the digital sphere, the challenges of addressing misinformation and deepfakes, and the balancing act between innovation, competition, and user privacy.

Zuckerberg’s Call for Government Regulation: A Democratic Necessity

Mark Zuckerberg’s advocacy for government regulation in social media is a central theme of the conversation. He identifies four critical areas for regulation: election security, free expression, privacy, and portability/interoperability. Coordinated campaigns funded by foreign actors can distort public discourse on crucial issues like immigration, using fake accounts and networks created outside the US. While harmful content often requires action, the focus should be on the actors and their behavior rather than solely the content itself. This approach complements efforts to address upstream issues. Partnerships with the intelligence community and election commissions provide crucial signals to identify potential threats, such as fake account networks, before they escalate during critical periods. Zuckerberg’s stance stems from the belief that decisions impacting values like safety and human dignity should not be solely in the hands of private companies. He argues for a more robust democratic process to arbitrate these trade-offs, reflecting a shift in Facebook’s approach towards a more regulated internet landscape.

Tackling Election Interference and Deepfakes

A significant portion of the discussion revolves around Facebook’s efforts to combat foreign interference in elections. Zuckerberg highlights the use of AI systems and content reviewers to remove malicious networks and the implementation of identity verification for political advertisers using valid government IDs to prevent foreign interference. Creating an archive of political ads for accessibility by journalists and academics to analyze targeting, costs, and messages. Enforcing transparency requirements across the internet, not just on Facebook, to ensure a level playing field. Engaging with intelligence agencies and election commissions worldwide to address the global nature of electoral interference. Working with the EU Parliament and election commissions in India to improve election integrity. Supporting the Honest Ads Act as a baseline for regulating online political advertising. Advocating for laws that address issue-oriented advertising and reflect the continuous nature of modern elections. Addressing outdated election advertising laws that focus narrowly on candidates and elections rather than broader societal issues. He also stresses the importance of transparency measures and collaboration with intelligence agencies and election commissions worldwide. The conversation extends to the emerging threat of deepfakes, with Zuckerberg suggesting a definition that distinguishes between harmful manipulation and legitimate satire.

Navigating Technology and Data Challenges

Deepfakes and Misinformation:

Deepfakes, which allow for realistic manipulation of videos and images, pose a new challenge for policymakers. Facebook is exploring policies to address deepfakes, recognizing their potential to undermine trust. Precise definitions and carefully crafted rules are necessary to avoid unintended consequences.

Privacy, Data Portability, and User Control:

A governing principle of user control, or user sovereignty, should guide discussions around privacy and data portability. Individuals should have the power to decide how their data is used and make trade-offs between privacy and data portability. Complexity or default rule-driven systems should be avoided in favor of individual sovereignty.

Challenges in Defining Personal Information:

Mark Zuckerberg highlights the challenge in defining “your information” in the context of social networks. Services like Facebook remind users of friends’ birthdays, raising questions about what constitutes personal information. Enabling a developer ecosystem for data portability requires careful consideration of privacy and security.

Navigating the Complexities of Data Portability and Privacy

Data Portability and Privacy: A Delicate Balance:

Mark Zuckerberg and Cass Sunstein delve into the intricate relationship between data portability and privacy, acknowledging the challenges in finding the right balance between the two.

Key Considerations in Data Portability:

Zuckerberg highlights the significance of individual choice in determining who has access to their information and the need for society to decide where to stand on the spectrum between fully locking down and making information portable. Sunstein emphasizes the importance of data portability to foster innovation, competition, and research, expressing concern that current incentives for the industry favor locking down information rather than enabling easy portability.

Transparency and User Understanding:

Sunstein addresses the lack of transparency regarding data portability and privacy controls on social media platforms, suggesting that most users may not fully understand their privacy and portability settings.

Consumer Sovereignty Principle:

Sunstein proposes a consumer sovereignty principle that would empower users with control over both privacy and data portability, acknowledging that data portability limitations can result in losses for users and researchers.

Zuckerberg’s Response:

Zuckerberg agrees with the general principle of giving people choice but raises concerns about the complexity of offering too many choices, which can hinder accessibility and simplicity in product design. He advocates for regulation on both privacy and data portability to establish clear guidelines for companies and provide a consistent experience for users across services. Zuckerberg emphasizes the need to simplify settings so that users can have a clear understanding without having to navigate numerous complex choices, recognizing that most users prioritize seeing content and sharing moments over engaging in intricate settings.

User Sovereignty in Data Portability and Privacy

Sunstein introduces the concept of “user sovereignty,” advocating for individual control over data usage and informed decisions regarding privacy and data portability. Zuckerberg agrees with the principle of user choice but notes the complexities in defining personal information in a connected world. The dialogue here touches upon broader concerns like the ownership of shared data and the tension between innovation, competition, and privacy rights.

The Role of Mergers and Innovation in Social Media

The conversation shifts to the topic of mergers and innovation, with Zuckerberg opposing the idea of breaking up Facebook. He argues that such a move would not address core problems and could hinder the company’s efforts in safety and security. The discussion includes examples like Instagram and WhatsApp, which, under Facebook’s umbrella, resolved critical issues and expanded their reach and services, demonstrating the potential benefits of mergers in fostering innovation and competition.

Mark Zuckerberg’s Perspective on Regulation, Data Portability, and Breaking Up Facebook

Zuckerberg’s Call for Regulation:

Zuckerberg supports federal regulation for electoral integrity, data privacy, and consumer control over personal data. He emphasizes ensuring transparency by informing consumers of potential costs associated with increased privacy measures.

Chris Hughes’ Proposal to Break Up Facebook:

Hughes argues for breaking up Facebook due to concerns about political power and innovation. He believes that separating Facebook’s components, such as Messenger, WhatsApp, and Instagram, would promote creativity and innovation within the industry.

Zuckerberg’s Counterarguments Against Breaking Up Facebook:

Zuckerberg disagrees with the notion that breaking up Facebook would solve the critical social issues being discussed. He claims that Facebook’s size allows it to invest significantly in safety and security measures that benefit the entire industry. He highlights the effectiveness of their systems in addressing election integrity and content management compared to other social media companies.

The Importance of Regulation:

Zuckerberg believes that regulation is essential for ensuring all companies adhere to the same rules regarding election integrity. He advocates for common standards and transparency in privacy measures across the entire internet industry. He suggests that regulation is the most effective approach to addressing the challenges faced by social media companies.

Criticisms of the Breakup Approach:

– Breaking up large companies may not effectively address underlying problems.

– AT&T’s breakup led to increased competition and innovation, but critics argue that this may not hold in all cases.

– Mergers can drive innovation and reduce costs, benefiting consumers.

– Determining the effects of mergers requires careful analysis of market conditions and consumer welfare.

Facebook’s Contributions to Instagram and WhatsApp:

– Facebook resolved scaling issues and removed spam from Instagram, enabling global reach and platform expansion.

– Facebook’s resources allowed Instagram to expand and reach more users.

– Facebook eliminated the dollar fee for WhatsApp, promoting usage and competition in the messaging industry.

– WhatsApp transformed into a broad private platform, enabling payment features and ephemeral stories.

Mark Zuckerberg Discusses Self-Regulation, Governance, and the Future of Democracy:

– Zuckerberg argues that Facebook’s innovations have not hindered competition in the broader ecosystem.

– Sunstein highlights three areas of future self-regulation: Libra currency, the independent oversight entity, and the privacy pivot.

– Zuckerberg explains the independent oversight board’s role as an appeals process for Facebook’s content decisions, creating a separation of powers and industry self-regulation.

– Zuckerberg envisions the oversight board expanding to include other industry players.

– Libra is a cryptocurrency and financial infrastructure aiming to provide financial inclusion for billions.

– Zuckerberg emphasizes the need for independent processes to address socially important issues, implementing independent structures within Facebook in the absence of regulation and democratic processes.

– Sunstein concludes the discussion by quoting Benjamin Franklin’s words about preserving the American republic.

The Path Forward for Regulation and Self-Regulation

In conclusion, Zuckerberg and Sunstein’s dialogue underscores the inevitability of regulation in social media, considering its impact on democracy, privacy, and data portability. Zuckerberg envisions a future where industry-wide regulations ensure uniformity across platforms, while also recognizing the role of self-regulation through independent oversight. The conversation culminates in a consensus on the importance of preserving democratic principles in the digital age, highlighting the ongoing challenge of navigating the complex intersection of technology, society, and governance.

Notes by: TransistorZero