Zuckerberg, Dorsey Open to More Content Moderation Transparency

Communications Decency Act Section 230 needs to be updated, and one gap is the lack of transparency about content moderation decisions and algorithms, Facebook CEO Mark Zuckerberg and Twitter CEO Jack Dorsey told the Senate Judiciary Committee Tuesday. Chairman Lindsey Graham, R-S.C., told us he wants to treat the addictive nature of social media apps, particularly with young people, as a public health issue. He likened Big Tech to Big Tobacco.

“The more people watch, the more money they make,” Graham said. He said during the hearing that he hopes the committee will further explore the issue in the years to come. He confirmed that Sen. Chuck Grassley, R-Iowa, will take over as chairman in 2021 if Republicans retain the majority. Next Congress will hold more hearings on Section 230, said Graham. Sen. Richard Blumenthal, D-Conn., wants testimony from Amazon and Google in addition to Facebook and Twitter.

Congress is struggling to decide whether platforms can be considered something similar to newspapers, TV stations or common carriers, Sen. John Cornyn, R-Texas, told us: “If they don’t work with us to come up with something, then they’re going to get sued, and we’re going to have regulation essentially by litigation, which is not very efficient.”

The public doesn’t have proper transparency about the rationale and reasoning of content moderation, said Dorsey. He said social media companies should allow more choice on algorithms that rank and feed content, saying users should have the option to turn off algorithms, which are increasingly controlling operations.

Zuckerberg was optimistic all sides can move forward and update the rules for the internet: It sounds like there’s enough common ground on views. He and Dorsey told Graham the government shouldn’t set a regulatory scheme for content moderation, though Zuckerberg said government should draw up rules for illegal content like child exploitation and terrorism. Graham urged industry to develop best practices.

Graham asked if social media can be addictive. Zuckerberg said Facebook products aren’t designed to be addictive and denied there’s any conclusive evidence showing they are. Dorsey said that like any other tool, social media can be addictive, and customers should be made aware about unhealthy patterns of usage. Both CEOs said they're unaware whether their companies have internal research on social media addiction and will follow up.

Tobacco companies sat on internal data for years, Graham told us: The question is whether social media companies are doing the same. He noted Big Tobacco ended up with warning labels and sweeping changes.

Blumenthal asked Zuckerberg whether Facebook bought Onavo in 2013 and used its data to learn more about its acquisition of Instagram. Facebook did, but that wasn’t the sole determining factor in buying Instagram, said Zuckerberg. He noted many mocked Facebook/Instagram, saying the acquirer overvalued the transaction. FTC antitrust action is long overdue, said Blumenthal: All options should be on the table, including Facebook divestment of Instagram and WhatsApp, plus strict conditions on the use of consumer data when competing with rivals.

Senate Antitrust Subcommittee ranking member Amy Klobuchar, D-Minn., accused Facebook of squashing a competitor in Instagram, saying hopefully the current FTC investigation (see 2011130044) will reveal additional details. She accused Facebook of exclusionary conduct against Twitter when Zuckerberg cut off interoperability of Vine with Facebook after Twitter’s purchase. Twitter ultimately shuttered Vine. Dorsey said he didn’t know anything about the other side's intent, saying it was extremely challenging to compete.

Judiciary ranking member Dianne Feinstein, D-Calif., questioned whether Twitter went far enough in labeling President Donald Trump’s recent tweets claiming victory in the presidential election. Dorsey said the company did go far enough in directing users to election news.

Sen. Ted Cruz, R-Texas, accused Democrats of pushing platforms to “censor” more speech. He said when Twitter opined in its labeling that voter fraud is exceedingly rare in the U.S., it took a disputed policy position and became a publisher. The company can’t take such positions and then deny it’s a publisher, said Cruz. Dorsey disagreed, saying users were directed to publishers involved in the broader conversation about the election.

Facebook doesn’t create content or choose what’s published upfront, Zuckerberg told Sen. Dick Durbin, D-Ill., who asked about the history of Section 230. Facebook gives a voice to those who want to publish, said Zuckerberg. Twitter couldn’t have gotten off the ground without Section 230, said Dorsey, warning that amendments could result in undue compliance costs and boxing out competitors.

Sen. Josh Hawley, R-Mo., accused Twitter, Google and Facebook of coordinating across the internet to control which hashtags, websites and content users see. Zuckerberg noted the companies collaborate on illegal content like terrorism, foreign influence and child exploitation, but that’s distinct from content moderation policies that differ for each company. Hawley cited the companies’ use of internal tools like Tasks and Centra “to coordinate the censorship of users.” Zuckerberg denied any such collaboration. Sen. Ben Sasse, R-Neb., said he’s surprised Republicans are pushing for additional regulation on content moderation, particularly with an incoming Democratic administration. He was skeptical a government fix could make things better.

Republicans focused on “fictional fraud and bias,” while ignoring disinformation issues, said Free Press Action Senior Policy Counsel Carmen Scurato. Section 230 “gives websites the tools and space they need to best serve Americans and protect against election interference,” said NetChoice Vice President Carl Szabo. “Without Section 230, political misinformation and harmful content could run rampant online, alienating users and businesses that rely on an internet that balances free expression with online safety.”