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    Supreme Court to Decide How the First Amendment Applies to Social Media

    Challenges to laws in Florida and Texas meant to protect conservative viewpoints are likely to yield a major constitutional ruling on tech platforms’ free speech rights.The most important First Amendment cases of the internet era, to be heard by the Supreme Court on Monday, may turn on a single question: Do platforms like Facebook, YouTube, TikTok and X most closely resemble newspapers or shopping centers or phone companies?The two cases arrive at the court garbed in politics, as they concern laws in Florida and Texas aimed at protecting conservative speech by forbidding leading social media sites from removing posts based on the views they express.But the outsize question the cases present transcends ideology. It is whether tech platforms have free speech rights to make editorial judgments. Picking the apt analogy from the court’s precedents could decide the matter, but none of the available ones is a perfect fit.If the platforms are like newspapers, they may publish what they want without government interference. If they are like private shopping centers open to the public, they may be required to let visitors say what they like. And if they are like phone companies, they must transmit everyone’s speech.“It is not at all obvious how our existing precedents, which predate the age of the internet, should apply to large social media companies,” Justice Samuel A. Alito Jr. wrote in a 2022 dissent when one of the cases briefly reached the Supreme Court.Supporters of the state laws say they foster free speech, giving the public access to all points of view. Opponents say the laws trample on the platforms’ own First Amendment rights and would turn them into cesspools of filth, hate and lies. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Marketplace of Girl Influencers Managed by Moms and Stalked by Men

    This box represents a real photo of a 9-year-old girl in a golden bikini lounging on a towel. The photo was posted on her Instagram account, which is run by adults. 1 🔥🔥🔥 wooowww Mama mia ❤️❤️🥰💯🤗 Great body😍🔥❤️ Love 😍😍😍😍 Perfect bikini body ❤️❤️❤️❤️❤️😋😋😋😍😍😍🔥🔥🔥🔥🔥 Mmmmmmmmm take that bikini off 😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️ You’re sooooo hot ❤️🤗💋🌺🌹🌹💯 […] More

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    Meta Calls for Industry Effort to Label A.I.-Generated Content

    The social network wants to promote standardized labels to help detect artificially created photo, video and audio material across its platforms.Last month at the World Economic Forum in Davos, Switzerland, Nick Clegg, president of global affairs at Meta, called a nascent effort to detect artificially generated content “the most urgent task” facing the tech industry today.On Tuesday, Mr. Clegg proposed a solution. Meta said it would promote technological standards that companies across the industry could use to recognize markers in photo, video and audio material that would signal that the content was generated using artificial intelligence.The standards could allow social media companies to quickly identify content generated with A.I. that has been posted to their platforms and allow them to add a label to that material. If adopted widely, the standards could help identify A.I.-generated content from companies like Google, OpenAI and Microsoft, Adobe, Midjourney and others that offer tools that allow people to quickly and easily create artificial posts.“While this is not a perfect answer, we did not want to let perfect be the enemy of the good,” Mr. Clegg said in an interview.He added that he hoped this effort would be a rallying cry for companies across the industry to adopt standards for detecting and signaling that content was artificial so that it would be simpler for all of them to recognize it.As the United States enters a presidential election year, industry watchers believe that A.I. tools will be widely used to post fake content to misinform voters. Over the past year, people have used A.I to create and spread fake videos of President Biden making false or inflammatory statements. The attorney general’s office in New Hampshire is also investigating a series of robocalls that appeared to employ an A.I.-generated voice of Mr. Biden that urged people not to vote in a recent primary.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Millennials Flock to Instagram to Share Pictures of Themselves at 21

    The generation that rose with smartphones and social media had a chance to look back this week.Most of the photos are slightly faded. The hairlines fuller. Some feature braces. Old friends. Sorority squats and college sweethearts. Caps and gowns. Laments about skinny jeans and other long lost trends.This week, Instagram stories the world over have been awash with nostalgic snapshots of youthful idealism — there have been at least 3.6 million shares, according a representative for Meta — as people post photos of themselves based on the prompt: “Everyone tap in. Let’s see you at 21.”The first post came from Damian Ruff, a 43-year-old Whole Foods employee based out of Mesa, Ariz. On Jan. 23, Mr. Ruff shared an image from a family trip to Mexico, wearing a tiny sombrero and drinking a Dos Equis. His mother sent him the photo, Mr. Ruff said in an interview. It was the first time they shared a beer together after he turned 21.“Not much has changed other than my gray hair. I see that person and go, ‘Ugh, you are such a child and have no idea,’” he said.Mr. Ruff created the shareable story template with the picture — a feature that Instagram introduced in 2021 but expanded in December — and watched it take off.“The amount of people that have been messaging me and adding me on Instagram out of nowhere, like people from around the world, has been crazy,” Mr. Ruff said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Cacophony Hits Different This Time

    When was the last time you listened to Donald Trump speak at length? There’s a qualitative way to think about this question, about the substance of what he’s saying: He is still talking — perhaps more than people realize — about how the last election was stolen from him, and he treats the 2020 election as a Year Zero event that has ruined the world.But there’s a second — quantitative — way of looking at this question.In 2015 and 2016, as he was becoming the Republican nominee the first time, Mr. Trump quickly transformed into an all-encompassing, central figure, in an evolving, building story that started like a dark joke that Mr. Trump was in on, then swooned into a reality. Around this time eight years ago, terrorist mass shootings took place in Paris and California as the race for the Republican nomination became increasingly dark. It seemed to click into place then that Mr. Trump’s fluid plans, reactionary ideas, jokes and lies could coexist with and shape grave events. The combined effect of all this was to concentrate the country’s attention like a supernova; reaction to Mr. Trump became a constant feature of politics and also people’s personal lives.But the path toward his likely renomination feels relatively muted, as if the country were wandering through a mist, only to find ourselves back where we started, except older and wearier, and the candidates the same. “The street still hopes for somebody else,” one Trump-critical donor recently said of Wall Street donors, a kind of dreamy summary of where things stand. Sarah Longwell, who’s overseen regular focus groups, noted on her podcast this fall that many voters seem not to have clocked that Mr. Trump and President Biden are likely to be the nominees. “People are constantly telling me, ‘But couldn’t this happen? But couldn’t this happen?’” If Mr. Trump were to win the first two contests by large enough margins, the general election could essentially begin as early as next month.Why does the volume around Mr. Trump feel different? For one thing, he has opted out of two old ways he achieved omnipresence, no longer tweeting and no longer appearing at Republican debates. Eight years in, there is also a lack of suspense about whether Mr. Trump could become the Republican nominee or the president.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    TikTok’s Influence on Young Voters Is No Simple Matter

    We’re in a season of hand-wringing and scapegoating over social media, especially TikTok, with many Americans and politicians missing that two things can be true at once: Social media can have an outsized and sometimes pernicious influence on society, and lawmakers can unfairly use it as an excuse to deflect legitimate criticisms.Young people are overwhelmingly unhappy about U.S. policy on the war in Gaza? Must be because they get their “perspective on the world on TikTok” — at least according to Senator John Fetterman, a Democrat who holds a strong pro-Israel stance. This attitude is shared across the aisle. “It would not be surprising that the Chinese-owned TikTok is pushing pro-Hamas content,” Senator Marsha Blackburn said. Another Republican senator, Josh Hawley, called TikTok a “purveyor of virulent antisemitic lies.”Consumers are unhappy with the economy? Surely, that’s TikTok again, with some experts arguing that dismal consumer sentiment is a mere “vibecession” — feelings fueled by negativity on social media rather than by the actual effects of inflation, housing costs and more. Some blame online phenomena such as the viral TikTok “Silent Depression” videos that compare the economy today to that of the 1930s — falsely asserting things were easier then.It’s no secret that social media can spread misleading and even harmful content, given that its business model depends on increasing engagement, thus often amplifying inflammatory content (which is highly engaging!) with little to no guardrails for veracity. And, yes, TikTok, whose parent company is headquartered in Beijing and which is increasingly dominating global information flows, should generate additional concern. As far back as 2012, research published in Nature by Facebook scientists showed how companies can easily and stealthily alter real-life behavior, such as election turnout.But that doesn’t make social media automatically and solely culpable for whenever people hold opinions inconvenient to those in power. While comparisons with the horrors of the Great Depression can fall far off the mark, young people do face huge economic challenges now, and that’s their truth even if their grasp of what happened a century ago is off. Housing prices and mortgage rates are high and rents less affordable, resurgent inflation has outpaced wages until recently, groceries have become much more expensive and career paths are much less certain.Similarly, given credible estimates of heavy casualties inflicted among Gazans — about 40 percent of whom are children — by Israel’s monthslong bombing campaign, maybe a more engaged younger population is justifiably critical of President Biden’s support of Benjamin Netanyahu’s government? Even the Israeli military’s own estimates say thousands civilians have been killed, and there is a lot of harrowing video out of Gaza showing entire families wiped out. At the same time, the Committee to Protect Journalists reports that at least 69 journalists and media workers have been among those killed in the war; Israel blocks access to foreign journalists outside of a few embedded ones under its control. (Egypt does as well.) In such moments, social media can act as a bypass around censorship and silence.There’s no question that there’s antisemitic content and lies on TikTok, and on other platforms. I’ve seen many outrageous clips about Hamas’s actions on Oct. 7 that falsely and callously deny the horrific murders and atrocities. And I do wish we knew more about exactly what people were seeing on TikTok: Without meaningful transparency, it’s hard to know the scale and scope of such content on the platform.But I’m quite skeptical that young people would be more upbeat about the economy and the war in Gaza if not for viral videos.Why don’t we know more about TikTok’s true influence, or that of YouTube or Facebook? Because that requires the kind of independent research that’s both expensive and possible only with the cooperation of the platforms themselves, which hold so much key data we don’t see about the spread and impact of such content. It’s as if tobacco companies privately compiled the nation’s lung cancer rates or car companies hoarded the air quality statistics.For example, there is a strong case that social media has been harmful to the well-being of teenagers, especially girls. The percentage of 12- to 17-year-old girls who had a major depressive episode had been flat until about 2011, when smartphones and social media became more common, and then more than doubled in the next decade. Pediatric mental health hospitalizations among girls are also sharply up since 2009. Global reading, math and science test scores, too, took a nosedive right around then.The multiplicity of such findings is strongly suggestive. But is it a historic shift that would happen anyway even without smartphones and social media? Or is social media the key cause? Despite some valiant researchers trying to untangle this, the claim remains contested partly because we lack enough of the right kind of research with access to data.And lack of more precise knowledge certainly impedes action. As things stand, big tech companies can object to calls for regulation by saying we don’t really know if social media is truly harmful in the ways claimed — a convenient shrug, since they helped ensure this outcome.Meanwhile, politicians alternate between using the tools to their benefit or rushing to blame them, but without passing meaningful legislation.Back in 2008 and 2012, Facebook and big data were credited with helping Barack Obama win his presidential races. After his 2012 re-election, I wrote an article calling for regulations requiring transparency and understanding and worried whether “these new methods are more effective in manipulating people.” I concluded with “you should be worried even if your candidate is — for the moment — better at these methods.” The Democrats, though, weren’t having any of that, then. The data director of Obama for America responded that concerns such as mine were “a bunch of malarkey.” No substantive regulations were passed.The attitude changed after 2016, when it felt as if many people wanted to talk only about social media. But social media has never been some magic wand that operates in a vacuum; its power is amplified when it strikes a chord with people’s own experiences and existing ideologies. Donald Trump’s narrow victory may have been surprising, but it wasn’t solely because of social media hoodwinking people.There were many existing political dynamics that social media played on and sometimes manipulated and exacerbated, including about race and immigration (which were openly talked about) and some others that had generated much grass-roots discontent but were long met with bipartisan incuriosity from the establishment, such as the fallout from the 2008 financial crisis, America’s role in the world (including the wars in Iraq and Afghanistan) and how international trade had reshaped the economy.As we head into the 2024 elections, in some ways, little seems to have changed since Obama’s victory in 2008 — the first election dubbed the “Facebook Election.” We’re still discussing viral misinformation, fake news, election meddling, but there’s still no meaningful legislation that responds to the challenges brought about by the internet and social media and that seeks to bring transparency, oversight or accountability. Just add realistic A.I.-generated content, a new development, and the rise of TikTok, we’re good to go for 2024 — if Trump wins the Republican nomination as seems likely, only one candidate’s name needs updating from 2016.Do we need proper oversight and regulation of social media? You bet. Do we need to find more effective ways of countering harmful lies and hate speech? Of course. But I can only conclude that despite the heated bipartisan rhetoric of blame, scapegoating social media is more convenient to politicians than turning their shared anger into sensible legislation.Worrying about the influence of social media isn’t a mere moral panic or “kids these days” tsk-tsking. But until politicians and institutions dig into the influence of social media and try to figure out ways to regulate it, and also try addressing broader sources of discontent, blaming TikTok amounts to just noise.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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    4,789 Facebook Accounts in China Impersonated Americans, Meta Says

    The company warned that the inauthentic accounts underscored the threat of foreign election interference in 2024.Meta announced on Thursday that it had removed thousands of Facebook accounts based in China that were impersonating Americans debating political issues in the United States. The company warned that the campaign presaged coordinated international efforts to influence the 2024 presidential election.The network of fake accounts — 4,789 in all — used names and photographs lifted from elsewhere on the internet and copied partisan political content from X, formerly known as Twitter, Meta said in its latest quarterly adversarial threat analysis. The copied material included posts by prominent Republican and Democratic politicians, the report said.The campaign appeared intended not to favor one side or another but to highlight the deep divisions in American politics, a tactic that Russia’s influence campaigns have used for years in the United States and elsewhere.Meta warned that the campaign underscored the threat facing a confluence of elections around the world in 2024 — from India in April to the United States in November.“Foreign threat actors are attempting to reach audiences ahead of next year’s various elections, including in the U.S. and Europe,” the company’s report said, “and we need to remain alert to their evolving tactics and targeting across the internet.”Although Meta did not attribute the latest campaign to China’s Communist government, it noted that the country had become the third-most-common geographic source for coordinated inauthentic behavior on Facebook and other social media platforms, after Russia and Iran.The Chinese network was the fifth that Meta has detected and taken down this year, more than in any other nation, suggesting that China is stepping up its covert influence efforts. While previous campaigns focused on Chinese issues, the latest ones have weighed more directly into domestic U.S. politics.“This represents the most notable change in the threat landscape, when compared with the 2020 election cycle,” the company said in the threat report.Meta’s report followed a series of disclosures about China’s global information operations, including a recent State Department report that accused China of spending billions on “deceptive and coercive methods” to shape the global information environment.Microsoft and other researchers have also linked China to the spread of conspiracy theories claiming that the U.S. government deliberately caused the deadly wildfires in Hawaii this year.The latest inauthentic accounts removed by Meta sought “to hijack authentic partisan narratives,” the report said. It detailed several examples in which the accounts copied and pasted, under their own names, partisan posts from politicians — often using language and symbols indicating the posts were originally on X.Two Facebook posts a month apart in August and September, for example, copied opposing statements on abortion from two members of the U.S. House from Texas — Sylvia R. Garcia, a Democrat, and Ronny Jackson, a Republican.The accounts also linked to mainstream media organizations and shared posts by X’s owner, Elon Musk. They liked and reposted content from actual Facebook users on other topics as well, like games, fashion models and pets. The activity suggested that the accounts were intended to build a network of seemingly authentic accounts to push a coordinated message in the future.Meta also removed a similar, smaller network from China that mostly targeted India and Tibet but also the United States. In the case of Tibet, the users posed as pro-independence activists who accused the Dalai Lama of corruption and pedophilia.Meta warned that while it had removed the accounts, the same networks continued to use accounts on other platforms, including X, YouTube, Gettr, Telegram and Truth Social, warning that foreign adversaries were diversifying the sources of their operations.In its report, Meta also weighed in on Republican attacks on the U.S. government’s role in monitoring disinformation online, a political and legal fight that has reached the Supreme Court in a challenge brought by the attorneys general of Missouri and Louisiana.While Republicans have accused officials of coercing social media platforms to censor content, including at a hearing in the House on Thursday, Meta said coordination among tech companies, government and law enforcement had disrupted foreign threats.“This type of information sharing can be particularly critical in disrupting malicious foreign campaigns by sophisticated threat actors who coordinate their operations outside of our platforms,” the report said. More

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    Supreme Court Weighs When Officials May Block Citizens on Social Media

    The justices struggled to distinguish private conduct, which is not subject to the First Amendment, from state action, which is.The Supreme Court worked hard in a pair of arguments on Tuesday to find a clear constitutional line separating elected officials’ purely private social media accounts from ones that reflect government actions and are subject to the First Amendment. After three hours, though, it was not clear that a majority of the justices had settled on a clear test.The question in the two cases was when the Constitution limits officials’ ability to block users from their accounts. The answer turned on whether the officials’ use of the accounts amounted to “state action,” which is governed by the First Amendment, or private activity, which is not.That same question had seemed headed to the Supreme Court after the federal appeals court in New York ruled in 2019 that President Donald J. Trump’s Twitter account was a public forum from which he was powerless to exclude people based on their viewpoints.Had the account been private, the court said, Mr. Trump could have blocked whomever he wanted. But since he used the account as a government official, he was subject to the First Amendment.After Mr. Trump lost the 2020 election, the Supreme Court vacated the appeals court’s ruling as moot.Justice Elena Kagan said on Tuesday that Mr. Trump’s Twitter feed was in an important sense official and therefore subject to the First Amendment.“I don’t think a citizen would be able to really understand the Trump presidency, if you will, without any access to all the things that the president said on that account,” Justice Kagan said. “It was an important part of how he wielded his authority. And to cut a citizen off from that is to cut a citizen off from part of the way that government works.”Hashim M. Mooppan, a lawyer for two school board officials, said none of that implicated the First Amendment.“President Trump could have done the same thing from Mar-a-Lago or a campaign rally,” Mr. Mooppan said. “If he gave every one of those speeches at his personal residence, it wouldn’t somehow convert his residence into government property.”The cases argued Tuesday were the first of several this term in which the Supreme Court will consider how the First Amendment applies to social media companies. The court will hear arguments next year on both whether states may prohibit large social media companies from removing posts based on the views they express and whether Biden administration officials may contact social media platforms to combat what they say is misinformation.The first case argued Tuesday concerned the Facebook and Twitter accounts of two members of the Poway Unified School District in California, Michelle O’Connor-Ratcliff and T.J. Zane. They used the accounts, created during their campaigns, to communicate with their constituents about activities of the school board, invite them to public meetings, ask for comments on the board’s activities and discuss safety issues in the schools.Two parents, Christopher and Kimberly Garnier, frequently posted lengthy and repetitive critical comments, and the officials eventually blocked them. The parents sued, and lower courts ruled in their favor.“When state actors enter that virtual world and invoke their government status to create a forum for such expression, the First Amendment enters with them,” Judge Marsha S. Berzon wrote for a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in San Francisco.Mr. Mooppan said the accounts were personal and were created and maintained without any involvement by the district.Justice Brett M. Kavanaugh pressed Mr. Mooppan on what it would take to make the accounts official and so subject to the First Amendment. “Is announcing rules state action?” the justice asked.Mr. Mooppan said it would be if the announcement was not available elsewhere. He gave a more equivocal answer to a question about notifications of school closures. But he said a general public safety reminder was not state action.Pamela S. Karlan, a lawyer for the parents, said Ms. O’Connor-Ratcliff’s Facebook feed was almost entirely official. “Of the hundreds of posts, I found only three that were truly non-job-related,” Ms. Karlan said, adding, “I defy anyone to look at that and think this wasn’t an official website.”The second case, Lindke v. Freed, No. 22-611, concerned a Facebook account maintained by James R. Freed, the city manager of Port Huron, Mich. He used it to comment on a variety of subjects, some personal and some official. Among the latter were descriptions of the city’s responses to the coronavirus pandemic.The posts prompted critical responses from a resident, Kevin Lindke, whom Mr. Freed eventually blocked. Mr. Lindke sued and lost. Judge Amul R. Thapar, writing for a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, said Mr. Freed’s Facebook account was personal, meaning that the First Amendment had no role to play.“Freed did not operate his page to fulfill any actual or apparent duty of his office,” Judge Thapar wrote. “And he did not use his governmental authority to maintain it. Thus, he was acting in his personal capacity — and there was no state action.”Justice Kagan told Allon Kedem, a lawyer for Mr. Lindke, that Mr. Freed’s page did not look particularly official.“There are a lot of baby pictures and dog pictures and obviously personal stuff,” she said. “And intermingled with that there is, as you say, communication with constituents about important matters. But it’s hard to look at this page as a whole, unlike the one in the last case, and not think that surely this could not be the official communications channel.” More