Sunday, April 14, 2019

Why Facebook Should Volunteer for Government Regulation


Facebook in Crisis
Facebook, as a product, is in a moment of crisis. The scandals and negative press that have besieged the company since the 2016 election show little signs of abating.  Further, there is healthy evidence to support the claim that young American’s are less likely to use Facebook. A recent Pew study reported that, in 2018, the percentage of teens who use Facebook as their primary social media application is 10 percent, compared with 51 percent of teens who said Facebook was their primary social media application in 2015. Further, in 2018 only 51 percent of teens report having a Facebook account at all vs. 71 percent in 2015.

While the recent trends in teenage social media behavior coupled with the negative stories surrounding user privacy and sentiment manipulation might raise alarms for Facebook the reality is that the company, both through its primary Facebook product and the brands it owns (Instagram and WhatsApp), isn’t going anywhere. 68 percent of American adults still use Facebook, and 75 percent of those users are daily users, according to that same Pew study. Further, Facebook remains the social media app of choice across many emerging economies.

Facebook – Moment of Truth
Despite Facebook’s seemingly unassailable position as one of the world’s most dominate internet companies, the company does face a definitive moment of reckoning. It’s position as an ultimate provider of news, information, and general content makes the public and lawmakers nervous, especially after it was proven that the company has the power to manipulate our sentiment. Further, its experimentation with pushing voter turnout and the company’s willingness to sell its services to questionable partners, such as Cambridge Analytica, only compounds concern. Facebook, at its core, is an attention harvesting and selling company. Facebook’s inability, or unwillingness, to implement any type of moral code around how they maximize that efficacy of both the harvesting and the selling components of its business, has led to significant and almost intractable problems for the company.
Facebook is a public company and has a fiduciary obligation to maximize profits for its shareholders. Instituting strict moral standards around attention harvesting and selling could dampen short-term profits. While Facebook could argue this move as a long-term strategy to correct public opinion and attract the next generation of users, there’s no guarantee its shareholders or the market will react favorably. Further, no action from Facebook could incite further public outcry, which in turn could jeopardize the company’s economic health. The company has already experienced considerable volatility in its stock price over the past year, while at the same time recording record profits.

Volunteer for Regulation
The inability to effectively manage the world’s content, protect user privacy, and maintain impartiality while suppressing the spread of fake information is both jeopardizing Facebook’s economic value and eroding public trust in the company. Working with instead of against government when it comes to building regulatory frameworks around these core issues would be a shrewd move for Facebook.

Why would Facebook want to assume the responsibility of managing the world’s content? A recent journalistic investigation into the lives of Facebook’s content moderators paints a bleak picture illustrating that the experience of these employees is more comparable to government drone operators than to happy and thriving silicon valley employees. If Facebook had the regulatory framework to manage content, it would not be responsible, for example, for the propagation of Nazi sentiment or for catalyzing violence – it would be in the position to point to conformity to regulation.

Facebook should also seek government partnership when determining the future of user privacy. Facebook’s recent claims to pursue a “privacy focused internet” by encrypting the messages of private user conversations across its three main platforms, Instagram, Facebook, and WhatsApp, is merely a Pyrrhic victory for privacy advocates. This is a ‘have-your-cake-and-eat-it-too’ moment, since the further integration of those three platforms will create an abundance of new capabilities, and opportunities, to mine and sell macro data, even if Facebook doesn’t monitor private conversations. If Facebook, and other large data collecting technology companies, worked with the Federal Government to get ahead of data privacy regulation and help establish the US version of Europe’s GDPR, not only would it be a public relations victory but also Facebook’s compliance cost would be dramatically reduced. Compare that with Facebook’s experience in Europe, where it’s being investigated for several GDPR related infractions.

Facebook’s selling of its customer data and targeting services to unsavory clients, such as politically motivated interest groups, also incites considerable backlash. Transparency is the key to ameliorating this issue and Facebook has, since 2016, taken measurable steps to increase visibility into where political advertisements originate, even after lobbying against such rules prior to 2016. Currently, limited regulation exists in the US for disclosing online political advertisements. Facebook should work with regulators to construct transparency laws related to digital political advertising or else face potentially less favorable regulation.

Across these instances, working with government has the potential to be vastly beneficial to Facebook. If Facebook ‘got ahead’ of many regulatory debates by partnering with lawmakers, it would enable the company to have a voice in regulatory proceedings. This is more favorable than having to ascribe to laws after they were written (thereby avoiding a potentially exorbitant compliance price tag).  Further, from a public relations angle, Facebook would be void of responsibility for spreading injudicious or unsavory content or influencing elections if it was operating under new regulatory guidelines.


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