With Facebook’s business model and history with data privacy established in the last post, we are now prepared to analyze the hearing on Capitol Hill and discuss some of the commentary surrounding Facebook and regulators. While there were a few very pointed, sharp questions (especially on the part of the House) that drove some particularly meaningful dialogue, there was also a lot of confusion and missed opportunity. Even with these conflicting comments, the net effect of the hearing was expectedly lackluster. Unsurprisingly, no new information was shared and we didn’t actually learn anything new. With this possibly disappointing fact in mind, I consider the hearing a huge success for society as whole. While we didn’t learn anything new, the very fact that Zuckerberg was in D.C. at all was perhaps more important than anything that could be said verbally. The very nature of being a company of Facebook’s size and influence and pervasiveness in all aspects of society and economy is that any decision about what should be done is inherently not regulatory or legislative, but political; which makes things very complicated very fast.
Previously I hinted that the non-event characteristic of this hearing was predicable and in no way surprising. This is only half-true, however. Anyone familiar with watching these hearings unfold are complacent with nothing actually happening because nothing ever actually happens at the hearing itself, legislation comes later. Traditionally, most hearings on Capitol Hill devolve into democrats clamoring for regulation and republicans responding that regulation stalls innovation. It’s cyclical, it’s natural, and it’s predicable. This time was a little different because there was a remarkable coordination on both parties in understanding that there was a problem that needed to be solved. Now the understanding and grasp of this problem might have been misplaced, it’s worth mentioning that everyone was talking about SOMETHING. The fact that there was legitimate discussion about what needs to be done means we’re much further down the path that most hearings of this scope. Throughout the discussion, there were a number of interesting central questions that came out. All of which can be summed up to be:
- What’s going on?
- Is it a real problem?
- Does it persist currently?
- If so, what should be done?
In trying to find the answers to these questions, the hearing was characteristically distracted by trying to answer problems that were not the actual problem. Due to some of the specifics of running the debate, there were five times Zuckerberg was able to run out the clock by describing to Congress Officials that Facebook does not sell data. This frustrating realization is precisely why I feel the length of my previous post is justified. I was very clear in explaining that Facebook does not sell data and the sooner we can all understand that, the sooner we can actually drive to the heart of the problem, which certainly exists, and have a meaningful discussion. Zuckerberg was able to evade some fierce questioning several times as a result of the false narrative that Facebook sells data being proliferated simply because it sounds good. It’s extremely rhetorical, but it’s false. Is it close to the truth? Yes, but being precise matters, especially when time is a factor.
Throughout the hearing, there were a number of issues brought to attention, which makes discussing the Facebook problem difficult because the correct response is almost certainly “which one?” To that end, I feel the best course of action is to dive into each of these issues separately in ascending importance.
Cambridge Analytica
Rather than being a central point of concern, Cambridge Analytica was a symptom of a broader problem. This is partly because it’s happened before. In 2012, The Obama Administration did the exact same thing, only they didn’t have to buy the data because you’ll remember up until 2014, it was free for developers. The only difference between it happening in 2012 and 2016 are the formalities of how exactly web developers got ahold of data. Focusing on Facebook’s involvement with Cambridge Analytica and the 2016 campaign is merely a distraction and this distraction really became obvious when comparing the focus of questioning from the Senate versus the House. If you really want want to find a solution to this challenge, the first step is to get away from partisanship. If the apex of the debate over privacy is “how did this get X politician elected”, no matter how much you detest that politician, you are inherently going nowhere.
Cambridge Analytica is only important as a vehicle for prompting these hearings, but the extent to which these issues have any legs to stand on depends on how quickly we can move past Cambridge Analytica as the centerpiece of the discussion. The House hearing barely mentioned Cambridge Analytica. Instead, the focus of conversation was much more involved in the debate surrounding privacy and why Facebook was giving away data not just the Cambridge Analytica, but all sorts of companies.
Perhaps the most apt analogy I’ve heard identifying Cambridge Analytica’s role in all of this is that of pinning the events of WWI on Gavrilo Princip’s assassination of Archduke Franz Ferdinand in Sarajevo. To pin WWI on this single incident is to completely miss the point in so much as this event is merely what sparked the war. To say that we are here to discuss Cambridge Analytica is to completely miss the point. The reason I’m so eager to dismiss any question rooted in partisanship particularly is because we need to understand the reality of the situation. The losing party who would have an incentive to follow up on this issue also has no power in Congress to actually do anything. If we want real change to come, then we need to start asking the right questions about the right problems and Cambridge Analytica’s involvement in the 2016 election with Facebook’s data is not the problem at large.
Giving Away Friends’ Profiles to Developers
Whenever you’ve logged into an app or website with Facebook, that app or website would not only get all the data on you, but also the data from your friend connections. The reason this seemly controversial issue is still towards the top is because, like before, it’s in the past. This isn’t something Facebook is doing today, so to focus on this would be to give in to a sunk cost bias. As much as I believe this was a gross negligence of user’s data, to focus on it is to miss the broader problems still going on today.
By now we’ve all heard and seen news surrounding Facebook’s audit of developers to find misuse of data that wasn’t consistent with Facebook’s terms of use. As more audits are completed, I’m sure more examples of negligence will come up. This is worrisome to me because at the end of the day, it will just add more noise to the discussion. With every new update of any misuse, the media is sure to quickly jump on the opportunity to verbally bash Facebook for yet another example of mishandling sensitive data when the argument is actually stemming from the same privacy issue which was cleaned up years ago. What can Facebook really say about what happened pre-2014? The system worked exactly as designed.
To this end there are really two remedies. One option is stronger regulation with much tighter control of user data. This remedy systematically would harm new entrants into the space and the incumbents like Facebook would benefit. Zuckerberg even admitted this when asked about how regulation of this calibre would effect the company. Zuckerberg knows that Facebook has the capital to afford compliance with new regulations, but infant companies will not be as fortunate. Likewise, if you do believe that Facebook is a problem and are rightfully skeptical of this kind of regulation, there remains another form of regulatory action which I’ll discuss when it becomes obvious.
Russian Interference with the 2016 Election
To say this is a serious issue is getting at many of the point previously made with regards to Cambridge Analytica. With this discussion, people are really just looking for an excuse to blame Facebook for what happened in the election. This idea that the Russian Government somehow managed to manipulate millions of American voters through the use of ads is a red herring thrown into the debate. The idea here is that state actors were really puppeteers in shaping the viewpoints provided. In reality, the reason these agents were effective is that they were showing people what they already wanted to hear. The exploitation of division is contingent on there being division in the first place. If we were to follow this argument to its logical conclusion, you arrive at the answer that Americans have no free agency to think for themselves. Is that really the narrative we want to paint. At the end of the day, it was the American people who elected Donald Trump into office. Until that is fully accepted and we stop trying to blame or attribute agency to other people or entities, we’re not going to get anywhere.
The issue isn’t that the Russians managed to create all this division in the US, the issue perhaps is that these platforms are thriving on division. The Russians were able to pour gasoline on the fire, sure, but so was everyone else. If it wasn’t the Russians there would have been some other entity.
Fake News
The reality here is that fake news is just confirmation biases playing out. All of the research post election paints the narrative that it had no factor on the people who shared it or saw it because they already had those beliefs to begin with. The point here can neatly be tied to the “Facebook Fallacy” that Facebook sells your data. While there might be some aspect of truth, unless we’re precise in the diction, we’re just going to get distracted. This was one of the primary frustrations I had with the hearings. The questions seemed to be focused on issues that, while on margin might have some claim, distracted the conversation from far bigger issues.
The reason this is also a non-issue is that Facebook has the incentives and the technical abilities to solve this issue. We explained before that Facebook’s market position is extremely sensitive to to user activity. If Facebook as a platform were to be known universally for spreading illegitimate news sources or headlines, users would quickly stop engaging on the platform, which is disastrous for Facebook’s bottom line.
At some point we have to grant people free agency. We can’t solve every problem for everyone about the content they consume. Sometimes letting people do what they want, even through it can be mostly bad, is the best mindset to have. There’s a dark side in going the other way; that same freedom that let’s people do what they want to do, whether it be read fake news or spend too much time on gossip or clickbait, is the same freedom that lets people start new companies to create new ideas and new concepts. When you start to cut off what people are allowed to do, it’s restricting what can be created.
Content Filters
The discussion above leads soundly into a problem that is much more of an issue worth discussing. The proliferation of sharing content is both reinforcing and polarizing because people are shown only things they agree with, they’re not getting different perspectives. If you want to question how social networks impacted the 206 election, it’s most certainly around this idea than it is about fake news, Russian interference, or Cambridge Analytica.
At the end of the day, we are dealing with people’s desires to hear what they want to hear. This problem is more intractable that I think people can appreciate. The problem here is not the availability of viewpoints, but rather the implicit insistence that people should hear those viewpoints. To that, the problem does not lie with the supplier but the end user. While it’s true that we do need shared facts, if you begin thinking of solutions, it becomes very problematic very quickly. Is the solution here really that Facebook should ultimately determine what is and what is not appropriate or recommended to view? The only logical step would have to be an independent third party filtering content, and even that has a a certain Orwellian charm to it that most people would certainly not be in favor of.
The Business Model of Social Media
There’s a realization in certain circles of society that because the business model of social media companies is based on engagement, it’s in the company’s best interest to keep people engaged as long as possible. It concerns me that this business model is fundamentally not in the best interest of consumers. It also concerns me that an unelected, unofficial singular person has the final say in what over 2 billion people do with their time – the only truly limited resource.
One of the deepest, most profound problems with Facebook is Mark Zuckerberg’s tenacity to innovate the company to his vision. The problem here is that the greater your conviction that you are doing right, the wider your blind spot is to unintended consequences. If you want to criticize Facebook, you need to realize that they truly thought they were doing the right thing when in fact, they were not. Looking at Zuckerberg’s beliefs on data and privacy makes this incredibly apparent. Facebook has always been motivated by the idea that more data, more openness, and more connections are better. Getting more data to the world was always how Facebook operated. When you are driven by evangelical zeal that you are pursuing a vision that must be enacted because it is righteous, why would you you act in a way not consistent with that goal? If you want to crystalize Facebook’s “14 year apology tour”, it’s the missionary zeal of believing the company was pursuing a vision that must be enacted.
The reality is that interconnectedness comes at a cost. Interconnectedness is what allows small businesses to advertise on Facebook, but it’s also what allows Russian agents to do the very same thing. The issue here is that being mission-driven has its own ingrained problems. The more you are driven by mission, the more you are blind to negative externalities. There’s a reason that Wall Street judges performance based on the bottom line; it’s measurable and there’s accountability. Zealots throughout history are almost defined by casting away what’s taken for granted in pursuit of a mission. This sentiment is so ripe in Silicon Valley. Perhaps more than anywhere else. The extent to which people don’t council the possibility that their product or service could be used in negative ways is frightening. This entire cycle with Facebook has been a wake up call for Silicon Valley because the narrative has shifted and there’s a sudden realization that many of the these things aren’t making the world a better place. The mission is blinding executives to this possibility and it’s only when dealing with the consequences of ignoring responsibility that people are starting to realize that we should have been thinking about this the entire time.
Facebook as a Monopoly
The discussion prior segues nicely into the realization that perhaps the reason this was allowed to even go on is that we are starting to look at a monopoly, both on the digital advertising side and the social networking side.
You’ll recall previously that there are really two regulatory approaches. Although it’s easy to consider all regulation the same, the truth s such that regulation like limitations on what a company can do is one type. My skepticism about this type of regulation has been established. This form of regulation is inherently harmful to new companies and does nothing but cement the incumbents. The other sort of regulation that I am much more favorable towards is that of anti-trust regulation because the point of anti-trust regulation is to address the situation in which free market competition is no longer a meaningful limiter or constraint on a company’s actions and behaviors. It’s goal is to restore competition, not inhibit it.
- Rules based regulation limits competition
- Anti-trust regulation restores competition
Senator Sullivan of Alaska correctly implied that rules-based regulation would make the problem worse. He stated that there are really only two options for a company as big as Facebook. One is regulation, the other is break-up. You’ll recall that throughout the hearing Zuckerberg was intensely cooperative in adhering to possible regulation because he knows as well that Facebook’s position means it will be able to afford compliance. Regulation locks in incumbents because they have the ability to bear the cost of that regulation. If true competition existed in this space, how many of the problems above would have been solved?
When Facebook unwinds its ad inventory, prices go up. That’s an indicator of a digital advertising monopoly. From the perspective of people buying advertisements space, the easiest and most convenient option is to just go to Facebook because that covers both Facebook and Instagram and in terms of social media reach, that covers pretty much everything. It’s also worth mentioning that the friction involved with going around Facebook is significant and costly. On the social media side, Zuckerberg was asked several times where else consumers could go for a similar experience and the Facebook CEO was very consistent in mentioning that there eight options in terms of how people communicate. Zuckerberg failed to explicitly mention that three of those eight (37.5%) are Facebook properties. The seriousness of these implications really illuminate when you consider how haphazard company officials were in deleting some of Mark Zuckerberg’s messages to users.
The conversation becomes complicated when you try and consider answering what Facebook is doing that is anti-competitive besides simply being really successful. Certainly an argument can be made that the acquisitions are anti-competitive but when looking at a specific response, I think it’s highly likely that a rules-based regulatory response will be passed that locks down user data and prevent sharing, which would only make the competitive situation worse.
There are certainly good things that come from having one platform. Going back to the advertiser example, the fact that there is really only one place to go to advertise to reach almost everyone is a good thing if you are a small advertiser. In some regard, if the situation were such that you had to go to a plethora of different platforms to advertise, it would only benefit incumbent advertisers because they would be far too costly for the small advertiser. The fact that an advertiser can pay Facebook one time and reach billions of people across multiple platforms is extremely beneficial. You could even make an argument that this situation levels the playing field for any company that advertises its business online.
Conclusion
The reality of the space is this: there will always be a dominant player. Instead of there being an endless cycle of breaking up larger tech firms such that another can take its place, perhaps the better option is to accept the reality of the situation and put limits and rules around them and accept their benefits such that business can innovate within the ecosystem.