More stories

  • in

    Whistle-Blower to Accuse Facebook of Contributing to Jan. 6 Riot, Memo Says

    In an internal memo, Facebook defended itself and said that social media was not a primary cause of polarization.SAN FRANCISCO — Facebook, which has been under fire from a former employee who has revealed that the social network knew of many of the harms it was causing, was bracing for new accusations over the weekend from the whistle-blower and said in a memo that it was preparing to mount a vigorous defense.The whistle-blower, whose identity has not been publicly disclosed, planned to accuse the company of relaxing its security safeguards for the 2020 election too soon after Election Day, which then led it to be used in the storming of the U.S. Capitol on Jan. 6, according to the internal memo obtained by The New York Times. The whistle-blower planned to discuss the allegations on “60 Minutes” on Sunday, the memo said, and was also set to say that Facebook had contributed to political polarization in the United States.The 1,500-word memo, written by Nick Clegg, Facebook’s vice president of policy and global affairs, was sent on Friday to employees to pre-empt the whistle-blower’s interview. Mr. Clegg pushed back strongly on what he said were the coming accusations, calling them “misleading.” “60 Minutes” published a teaser of the interview in advance of its segment on Sunday.“Social media has had a big impact on society in recent years, and Facebook is often a place where much of this debate plays out,” he wrote. “But what evidence there is simply does not support the idea that Facebook, or social media more generally, is the primary cause of polarization.”Facebook has been in an uproar for weeks because of the whistle-blower, who has shared thousands of pages of company documents with lawmakers and The Wall Street Journal. The Journal has published a series of articles based on the documents, which show that Facebook knew how its apps and services could cause harm, including worsening body image issues among teenage girls using Instagram.Facebook has since scrambled to contain the fallout, as lawmakers, regulators and the public have said the company needs to account for the revelations. On Monday, Facebook paused the development of an Instagram service for children ages 13 and under. Its global head of safety, Antigone Davis, also testified on Thursday as irate lawmakers questioned her about the effects of Facebook and Instagram on young users.A Facebook spokesman declined to comment. A spokesman for “60 Minutes” did not immediately respond to a request for comment.Inside Facebook, executives including Mr. Clegg and the “Strategic Response” teams have called a series of emergency meetings to try to extinguish some of the outrage. Mark Zuckerberg, Facebook’s chief executive, and Sheryl Sandberg, the chief operating officer, have been briefed on the responses and have approved them, but have remained behind the scenes to distance themselves from the negative press, people with knowledge of the company have said.The firestorm is far from over. Facebook anticipated more allegations during the whistle-blower’s “60 Minutes” interview, according to the memo. The whistle-blower, who plans to reveal her identity during the interview, was set to say that Facebook had turned off some of its safety measures around the election — such as limits on live video — too soon after Election Day, the memo said. That allowed for misinformation to flood the platform and for groups to congregate online and plan the Jan. 6 storming of the Capitol building.Mr. Clegg said that was an inaccurate view and cited many of the safeguards and security mechanisms that Facebook had built over the past five years. He said the company had removed millions of groups such as the Proud Boys and others related to causes like the conspiracy theory QAnon and #StopTheSteal election fraud claims.The whistle-blower was also set to claim that many of Facebook’s problems stemmed from changes in the News Feed in 2018, the memo said. That was when the social network tweaked its algorithm to emphasize what it called Meaningful Social Interactions, or MSI, which prioritized posts from users’ friends and family and de-emphasized posts from publishers and brands.The goal was to make sure that Facebook’s products were “not just fun, but are good for people,” Mr. Zuckerberg said in an interview about the change at the time.But according to Friday’s memo, the whistle-blower would say that the change contributed to even more polarization among Facebook’s users. The whistle-blower was also set to say that Facebook then reaped record profits as its users flocked to the divisive content, the memo said.Mr. Clegg warned that the period ahead could be difficult for employees who might face questions from friends and family about Facebook’s role in the world. But he said that societal problems and political polarization have long predated the company and the advent of social networks in general.“The simple fact remains that changes to algorithmic ranking systems on one social media platform cannot explain wider societal polarization,” he wrote. “Indeed, polarizing content and misinformation are also present on platforms that have no algorithmic ranking whatsoever, including private messaging apps like iMessage and WhatsApp.”Mr. Clegg, who is scheduled to appear on the CNN program “Reliable Sources” on Sunday morning, also tried to relay an upbeat note to employees.“We will continue to face scrutiny — some of it fair and some of it unfair,” he said in the memo. “But we should also continue to hold our heads up high.”Here is Mr. Clegg’s memo in full:OUR POSITION ON POLARIZATION AND ELECTIONSYou will have seen the series of articles about us published in the Wall Street Journal in recent days, and the public interest it has provoked. This Sunday night, the ex-employee who leaked internal company material to the Journal will appear in a segment on 60 Minutes on CBS. We understand the piece is likely to assert that we contribute to polarization in the United States, and suggest that the extraordinary steps we took for the 2020 elections were relaxed too soon and contributed to the horrific events of January 6th in the Capitol.I know some of you – especially those of you in the US – are going to get questions from friends and family about these things so I wanted to take a moment as we head into the weekend to provide what I hope is some useful context on our work in these crucial areas.Facebook and PolarizationPeople are understandably anxious about the divisions in society and looking for answers and ways to fix the problems. Social media has had a big impact on society in recent years, and Facebook is often a place where much of this debate plays out. So it’s natural for people to ask whether it is part of the problem. But the idea that Facebook is the chief cause of polarization isn’t supported by the facts – as Chris and Pratiti set out in their note on the issue earlier this year.The rise of polarization has been the subject of swathes of serious academic research in recent years. In truth, there isn’t a great deal of consensus. But what evidence there is simply does not support the idea that Facebook, or social media more generally, is the primary cause of polarization.The increase in political polarization in the US pre-dates social media by several decades. If it were true that Facebook is the chief cause of polarization, we would expect to see it going up wherever Facebook is popular. It isn’t. In fact, polarization has gone down in a number of countries with high social media use at the same time that it has risen in the US.Specifically, we expect the reporting to suggest that a change to Facebook’s News Feed ranking algorithm was responsible for elevating polarizing content on the platform. In January 2018, we made ranking changes to promote Meaningful Social Interactions (MSI) – so that you would see more content from friends, family and groups you are part of in your News Feed. This change was heavily driven by internal and external research that showed that meaningful engagement with friends and family on our platform was better for people’s wellbeing, and we further refined and improved it over time as we do with all ranking metrics.Of course, everyone has a rogue uncle or an old school classmate who holds strong or extreme views we disagree with – that’s life – and the change meant you are more likely to come across their posts too. Even so, we’ve developed industry-leading tools to remove hateful content and reduce the distribution of problematic content. As a result, the prevalence of hate speech on our platform is now down to about 0.05%.But the simple fact remains that changes to algorithmic ranking systems on one social media platform cannot explain wider societal polarization. Indeed, polarizing content and misinformation are also present on platforms that have no algorithmic ranking whatsoever, including private messaging apps like iMessage and WhatsApp.Elections and DemocracyThere’s perhaps no other topic that we’ve been more vocal about as a company than on our work to dramatically change the way we approach elections. Starting in 2017, we began building new defenses, bringing in new expertise, and strengthening our policies to prevent interference. Today, we have more than 40,000 people across the company working on safety and security.Since 2017, we have disrupted and removed more than 150 covert influence operations, including ahead of major democratic elections. In 2020 alone, we removed more than 5 billion fake accounts — identifying almost all of them before anyone flagged them to us. And, from March to Election Day, we removed more than 265,000 pieces of Facebook and Instagram content in the US for violating our voter interference policies.Given the extraordinary circumstances of holding a contentious election in a pandemic, we implemented so called “break glass” measures – and spoke publicly about them – before and after Election Day to respond to specific and unusual signals we were seeing on our platform and to keep potentially violating content from spreading before our content reviewers could assess it against our policies.These measures were not without trade-offs – they’re blunt instruments designed to deal with specific crisis scenarios. It’s like shutting down an entire town’s roads and highways in response to a temporary threat that may be lurking somewhere in a particular neighborhood. In implementing them, we know we impacted significant amounts of content that did not violate our rules to prioritize people’s safety during a period of extreme uncertainty. For example, we limited the distribution of live videos that our systems predicted may relate to the election. That was an extreme step that helped prevent potentially violating content from going viral, but it also impacted a lot of entirely normal and reasonable content, including some that had nothing to do with the election. We wouldn’t take this kind of crude, catch-all measure in normal circumstances, but these weren’t normal circumstances.We only rolled back these emergency measures – based on careful data-driven analysis – when we saw a return to more normal conditions. We left some of them on for a longer period of time through February this year and others, like not recommending civic, political or new Groups, we have decided to retain permanently.Fighting Hate Groups and other Dangerous OrganizationsI want to be absolutely clear: we work to limit, not expand hate speech, and we have clear policies prohibiting content that incites violence. We do not profit from polarization, in fact, just the opposite. We do not allow dangerous organizations, including militarized social movements or violence-inducing conspiracy networks, to organize on our platforms. And we remove content that praises or supports hate groups, terrorist organizations and criminal groups.We’ve been more aggressive than any other internet company in combating harmful content, including content that sought to delegitimize the election. But our work to crack down on these hate groups was years in the making. We took down tens of thousands of QAnon pages, groups and accounts from our apps, removed the original #StopTheSteal Group, and removed references to Stop the Steal in the run up to the inauguration. In 2020 alone, we removed more than 30 million pieces of content violating our policies regarding terrorism and more than 19 million pieces of content violating our policies around organized hate in 2020. We designated the Proud Boys as a hate organization in 2018 and we continue to remove praise, support, and representation of them. Between August last year and January 12 this year, we identified nearly 900 militia organizations under our Dangerous Organizations and Individuals policy and removed thousands of Pages, groups, events, Facebook profiles and Instagram accounts associated with these groups.This work will never be complete. There will always be new threats and new problems to address, in the US and around the world. That’s why we remain vigilant and alert – and will always have to.That is also why the suggestion that is sometimes made that the violent insurrection on January 6 would not have occurred if it was not for social media is so misleading. To be clear, the responsibility for those events rests squarely with the perpetrators of the violence, and those in politics and elsewhere who actively encouraged them. Mature democracies in which social media use is widespread hold elections all the time – for instance Germany’s election last week – without the disfiguring presence of violence. We actively share with Law Enforcement material that we can find on our services related to these traumatic events. But reducing the complex reasons for polarization in America – or the insurrection specifically – to a technological explanation is woefully simplistic.We will continue to face scrutiny – some of it fair and some of it unfair. We’ll continue to be asked difficult questions. And many people will continue to be skeptical of our motives. That’s what comes with being part of a company that has a significant impact in the world. We need to be humble enough to accept criticism when it is fair, and to make changes where they are justified. We aren’t perfect and we don’t have all the answers. That’s why we do the sort of research that has been the subject of these stories in the first place. And we’ll keep looking for ways to respond to the feedback we hear from our users, including testing ways to make sure political content doesn’t take over their News Feeds.But we should also continue to hold our heads up high. You and your teams do incredible work. Our tools and products have a hugely positive impact on the world and in people’s lives. And you have every reason to be proud of that work. More

  • in

    Ignoring Arizona Humiliation, ‘Stop the Steal’ Races Forward

    As a Republican review of 2020 votes in Arizona sputtered to a close, Donald Trump and his allies signaled that their attack on the election, and their drive to reshape future elections, were far from over.After all the scurrying, searching, sifting, speculating, hand-counting and bamboo-hunting had ended, Republicans’ post-mortem review of election results in Arizona’s largest county wound up only adding to President Biden’s margin of victory there.But for those who have tried to undermine confidence in American elections and restrict voting, the actual findings of the Maricopa County review that were released on Friday did not appear to matter in the slightest. Former President Donald J. Trump and his loyalists redoubled their efforts to mount a full-scale relitigation of the 2020 election.Any fleeting thought that the failure of the Arizona exercise to unearth some new trove of Trump votes or a smoking gun of election fraud might derail the so-called Stop the Steal movement dissipated abruptly. As draft copies of the report began to circulate late Thursday, Trump allies ignored the new tally, instead zeroing in on the report’s specious claims of malfeasance, inconsistencies and errors by election officials.Significant parts of the right treated the completion of the Arizona review as a vindication — offering a fresh canard to justify an accelerated push for new voting limits and measures to give Republican state lawmakers greater control over elections. It also provided additional fuel for the older lie that is now central to Mr. Trump’s political identity: that the 2020 election was stolen from him.“The leaked report conclusively shows there were enough fraudulent votes, mystery votes, and fake votes to change the outcome of the election 4 or 5 times over,” Mr. Trump said in a statement early Friday evening, one of seven he had issued about Arizona since late Thursday. “There is fraud and cheating in Arizona and it must be criminally investigated!”For Mr. Trump, Republican candidates vying to appeal to voters in primary races, and conservative activists agitating for election reviews in their own states, the 91-page document served as something of a choose-your-own-adventure guide. These leaders encouraged their supporters to avert their eyes from the conclusion that Mr. Biden had indeed won legitimately, and to instead focus on fodder for a new set of conspiracy theories.“Now that the audit of Maricopa is wrapping up, we need to Audit Pima County — the 2nd largest county in AZ,” Mark Finchem, a Republican candidate for secretary of state in Arizona who supported the effort in Maricopa, wrote on Twitter. “There are 35k votes in question from multiple sources & I want answers.”Even Republicans who do not subscribe to false claims of election fraud are using investigations to justify more restrictive voting laws. In Michigan, State Senator Ed McBroom, a Republican who leads his chamber’s elections committee and wrote an unsparing report in July debunking an array of Trump-inspired fraud claims, said Friday that the discovery of potential avenues for election fraud — not evidence of fraud itself — was reason enough to pass new voting restrictions.“Just like we found in Michigan, it’s good that we found that these vulnerabilities weren’t exploited to any important extent in this election,” Mr. McBroom said in an interview. “It doesn’t mean that somebody might not use them in the future.”Cherry-picking from the report on Friday, the former president and his allies cited a series of eye-popping statistics that, on first glance, appeared to bolster their case, trusting that their supporters either would not digest the document in full or would not trust the mainstream news outlets that laid out its complete contents.Peter Navarro, a former adviser to Mr. Trump, falsely claimed on Twitter that the report had shown that 50,000 potentially illegal votes were cast in Maricopa County. That number was in fact the tally of ballots that the report — through questionable methodology — described as problematic in some way.Liz Harrington, a spokeswoman for Mr. Trump, pointed on Twitter to “23,000+ Phantom Voters.” This was apparently a reference to 23,344 mail-in ballots that Cyber Ninjas, the company assigned by Arizona Republicans to carry out the review, had claimed came from voters listed under prior addresses. (Such claims were quickly refuted by the Maricopa County elections board, which said that “this is legal under federal election law.”)People in Phoenix, including supporters of former President Donald J. Trump, watched a live stream on Friday as the results of the election review were presented to the Arizona State Senate.Adriana Zehbrauskas for The New York TimesProponents of the Arizona review seized on vague suggestions by the report’s authors that “canvassing,” or the common political campaign practice of knocking on doors, was needed. Without defining what sort of canvass they had in mind, many Republicans in Arizona and beyond made the word a new rallying cry in the hunt for election fraud.“Canvass Maricopa,” Wendy Rogers, a Republican state senator in Arizona, wrote on Twitter.The Arizona review, and similar partisan election investigations around the country, are one spear in a multipronged effort by Mr. Trump and his allies to dispute the outcome of the 2020 race and to overhaul future American elections.That push has alarmed Democrats, good-government groups and historians, who point to the ways that Mr. Trump undermined democratic norms while in office, including his fight to subvert last year’s election, an effort that culminated in the Capitol riot.New evidence for their arguments emerged this week in the form of a memo unearthed in a new book by Bob Woodward and Robert Costa of The Washington Post. According to the memo, drafted by John Eastman, a Republican lawyer who worked with the Trump campaign, by refusing to accept the results, Mr. Trump could help prompt a state legislature to send an alternative slate of electors to Congress.The memo concluded that, with multiple slates to consider, former Vice President Mike Pence and allies in Congress could refuse to certify the states in question, which would nullify the election results and lead instead to a vote in the House of Representatives on the president, with each state delegation receiving one vote.In 2020, Republicans held the advantage in state delegations, with 26, meaning that Mr. Trump would have successfully overturned the election in this scenario.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

  • in

    Republican Review of Arizona Vote Fails to Show Stolen Election

    The much criticized review showed much the same results as in November, with 99 more Biden votes and 261 fewer Trump ones.PHOENIX — After months of delays and blistering criticism, a review of the 2020 election in Arizona’s largest county, ordered up and financed by Republicans, has failed to show that former President Donald J. Trump was cheated of victory, according to draft versions of the report.In fact, the draft report from the company Cyber Ninjas found just the opposite: It tallied 99 additional votes for President Biden and 261 fewer votes for Mr. Trump in Maricopa County, the fast-growing region that includes Phoenix.The full review is set to be released on Friday, but draft versions circulating through Arizona political circles were obtained by The New York Times from a Republican and a Democrat.Late on Thursday night, Maricopa County, whose Republican leaders have derided the review, got a jump on the official release by tweeting out its conclusions.“The county’s canvass of the 2020 General Election was accurate and the candidates certified as the winners did, in fact, win,” the county said on Twitter. It then criticized the review as “littered with errors and faulty conclusions.”Mr. Biden won Arizona by roughly 10,500 votes, making his victory of about 45,000 votes in Maricopa County crucial to his win. Under intense pressure from Trump loyalists, the Republican majority in the State Senate had ordered an autopsy of the county’s votes for president. The review was financed largely by $5.7 million in donations from far-right groups and Mr. Trump’s defenders.The draft reports implicitly acknowledged Mr. Biden’s victory, noting that there were “no substantial differences” between the new tally of votes and the official count by Maricopa County election officials. But they also claimed that other factors — most if not all contested by reputable election experts — left the results “very close to the margin of error for the election.”Among other alleged discrepancies, the reports claimed that some ballots were cast by people who had moved before the election, that election-related computer files were missing and that some computer images of ballots were missing.One expert and critic of the review who had seen a draft report of the findings called those red herrings.“The whole report just reflects on the Ninjas’ lack of understanding of Arizona election law and election administration procedures,” said Benny White, a Republican in Tucson who is an adviser on election law and procedures.It was not possible to determine whether the conclusions in the final version of the report being released on Friday would differ from those in the drafts. Mr. White said he had been told that some Republican Senate officials were unhappy with the findings.But if those findings stand, they would amount to a devastating disappointment for pro-Trump Republicans nationwide who have hoped the Arizona review would vindicate their belief that the presidency was stolen from him. For many loyalists, the investigation has been seen as the first in a string of state inquiries that would, domino-like, topple claims that Mr. Biden was legitimately in the White House.State Senator Wendy Rogers, a Republican who is among Arizona’s most ardent advocates of the stolen-election canard, posted on Twitter late on Thursday that the 110-page document was “simply a draft and is only a partial report,” and looked ahead to a hearing on Friday discussing the results. “Tomorrow we make history,” she wrote.On Thursday night, without acknowledging the findings of the draft reports that had been rippling across Arizona for half a day, the former president said in a statement, “Everybody will be watching Arizona tomorrow to see what the highly respected auditors and Arizona State Senate found out regarding the so-called Election!”Election experts said the inquiry run by Trump partisans with unrestricted access to ballots and election equipment failed to make even a basic case that the November vote was badly flawed, much less rigged.Critics said that would raise the bar for Republican politicians in Wisconsin and Pennsylvania who, under pressure from Mr. Trump and his supporters, have mounted their own Arizona-style investigations. Under similar pressure, the Texas secretary of state’s office on Thursday announced a “comprehensive forensic audit” of the results from four of the state’s largest counties.“If Trump and his supporters can’t prove it here, with a process they designed, they can’t prove it anywhere,” David Becker, the executive director of the Center for Election Innovation and Research, said on Thursday.In fact, the Republican inquiry may not be completely over. Senate investigators still want to examine Maricopa County computer servers for evidence of tampering, even though county officials insist they have had no connection to election machinery.In general, however, the report was a cap-gun ending to an inquiry whose backers hinted would turn up a cannonade of fraud.Republicans in the State Senate pushed for the inquiry in December, spurred in part by a daylong meeting with Rudolph W. Giuliani, Mr. Trump’s lawyer.The Republican president of the State Senate, Karen Fann, insisted that the review was a nonpartisan effort to reassure voters that the election had been well run, but faith in that pledge ebbed after she chose Cyber Ninjas, a firm with no prior experience in elections, to oversee the inquiry.The firm’s chief executive, Doug Logan, soon was shown to have suggested on Twitter that Mr. Biden’s victory in Arizona was illegitimate. Other firms and consultants hired for the inquiry also proved to have pro-Trump ties or were election conspiracy theorists.While the report’s authors declared that their monthslong review of votes in Maricopa County represented the “most comprehensive and complex election audit ever conducted,” the hand count of 2.1 million ballots and a review of voting machines and systems was plagued from the start by missteps and accusations of incompetence and partisan influence.Some elections officials said the draft reports offered an unlikely vindication of what they have been insisting for months: that Arizona ran a transparent, credible election in November.“The numbers match up,” said Adrian Fontes, who as county recorder oversaw the election in Maricopa County and is now a Democratic candidate for secretary of state.Mr. Fontes said some critiques and concerns raised in the report, such as the potential for duplicate votes, reflected a lack of knowledge about how the county conducts elections. Mr. Fontes said his office had put systems into place that reconciled in real time voter lists with records of who has voted.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

  • in

    Germany Struggles to Stop Online Abuse Ahead of Election

    Scrolling through her social media feed, Laura Dornheim is regularly stopped cold by a new blast of abuse aimed at her, including from people threatening to kill or sexually assault her. One person last year said he looked forward to meeting her in person so he could punch her teeth out.Ms. Dornheim, a candidate for Parliament in Germany’s election on Sunday, is often attacked for her support of abortion rights, gender equality and immigration. She flags some of the posts to Facebook and Twitter, hoping that the platforms will delete the posts or that the perpetrators will be barred. She’s usually disappointed.“There might have been one instance where something actually got taken down,” Ms. Dornheim said.Harassment and abuse are all too common on the modern internet. Yet it was supposed to be different in Germany. In 2017, the country enacted one of the world’s toughest laws against online hate speech. It requires Facebook, Twitter and YouTube to remove illegal comments, pictures or videos within 24 hours of being notified about them or risk fines of up to 50 million euros, or $59 million. Supporters hailed it as a watershed moment for internet regulation and a model for other countries.But an influx of hate speech and harassment in the run-up to the German election, in which the country will choose a new leader to replace Angela Merkel, its longtime chancellor, has exposed some of the law’s weaknesses. Much of the toxic speech, researchers say, has come from far-right groups and is aimed at intimidating female candidates like Ms. Dornheim.Some critics of the law say it is too weak, with limited enforcement and oversight. They also maintain that many forms of abuse are deemed legal by the platforms, such as certain kinds of harassment of women and public officials. And when companies do remove illegal material, critics say, they often do not alert the authorities or share information about the posts, making prosecutions of the people publishing the material far more difficult. Another loophole, they say, is that smaller platforms like the messaging app Telegram, popular among far-right groups, are not subject to the law.Free-expression groups criticize the law on other grounds. They argue that the law should be abolished not only because it fails to protect victims of online abuse and harassment, but also because it sets a dangerous precedent for government censorship of the internet.The country’s experience may shape policy across the continent. German officials are playing a key role in drafting one of the world’s most anticipated new internet regulations, a European Union law called the Digital Services Act, which will require Facebook and other online platforms to do more to address the vitriol, misinformation and illicit content on their sites. Ursula von der Leyen, a German who is president of the European Commission, the 27-nation bloc’s executive arm, has called for an E.U. law that would list gender-based violence as a special crime category, a proposal that would include online attacks.“Germany was the first to try to tackle this kind of online accountability,” said Julian Jaursch, a project director at the German think tank Stiftung Neue Verantwortung, which focuses on digital issues. “It is important to ask whether the law is working.”Campaign billboards in Germany’s race for chancellor, showing, from left, Annalena Baerbock of the Green Party, Olaf Scholz of the Social Democrats and Christian Lindner of the Free Democrats.Sean Gallup/Getty ImagesMarc Liesching, a professor at HTWK Leipzig who published an academic report on the policy, said that of the posts that had been deleted by Facebook, YouTube and Twitter, a vast majority were classified as violating company policies, not the hate speech law. That distinction makes it harder for the government to measure whether companies are complying with the law. In the second half of 2020, Facebook removed 49 million pieces of “hate speech” based on its own community standards, compared with the 154 deletions that it attributed to the German law, he found.The law, Mr. Liesching said, “is not relevant in practice.”With its history of Nazism, Germany has long tried to balance free speech rights against a commitment to combat hate speech. Among Western democracies, the country has some of the world’s toughest laws against incitement to violence and hate speech. Targeting religious, ethnic and racial groups is illegal, as are Holocaust denial and displaying Nazi symbols in public. To address concerns that companies were not alerting the authorities to illegal posts, German policymakers this year passed amendments to the law. They require Facebook, Twitter and YouTube to turn over data to the police about accounts that post material that German law would consider illegal speech. The Justice Ministry was also given more powers to enforce the law. “The aim of our legislative package is to protect all those who are exposed to threats and insults on the internet,” Christine Lambrecht, the justice minister, who oversees enforcement of the law, said after the amendments were adopted. “Whoever engages in hate speech and issues threats will have to expect to be charged and convicted.”Germans will vote for a leader to replace Angela Merkel, the country’s longtime chancellor.Markus Schreiber/Associated PressFacebook and Google have filed a legal challenge to block the new rules, arguing that providing the police with personal information about users violates their privacy.Facebook said that as part of an agreement with the government it now provided more figures about the complaints it received. From January through July, the company received more than 77,000 complaints, which led it to delete or block about 11,500 pieces of content under the German law, known as NetzDG.“We have zero tolerance for hate speech and support the aims of NetzDG,” Facebook said in a statement. Twitter, which received around 833,000 complaints and removed roughly 81,000 posts during the same period, said a majority of those posts did not fit the definition of illegal speech, but still violated the company’s terms of service.“Threats, abusive content and harassment all have the potential to silence individuals,” Twitter said in a statement. “However, regulation and legislation such as this also has the potential to chill free speech by emboldening regimes around the world to legislate as a way to stifle dissent and legitimate speech.”YouTube, which received around 312,000 complaints and removed around 48,000 pieces of content in the first six months of the year, declined to comment other than saying it complies with the law.The amount of hate speech has become increasingly pronounced during election season, according to researchers at Reset and HateAid, organizations that track online hate speech and are pushing for tougher laws.The groups reviewed nearly one million comments on far-right and conspiratorial groups across about 75,000 Facebook posts in June, finding that roughly 5 percent were “highly toxic” or violated the online hate speech law. Some of the worst material, including messages with Nazi symbolism, had been online for more than a year, the groups found. Of 100 posts reported by the groups to Facebook, roughly half were removed within a few days, while the others remain online.The election has also seen a wave of misinformation, including false claims about voter fraud.Annalena Baerbock, the 40-year-old leader of the Green Party and the only woman among the top candidates running to succeed Ms. Merkel, has been the subject of an outsize amount of abuse compared with her male rivals from other parties, including sexist slurs and misinformation campaigns, according to researchers.Ms. Baerbock, the Green Party candidate for chancellor, taking a selfie with one of her supporters.Laetitia Vancon for The New York TimesOthers have stopped running altogether. In March, a former Syrian refugee running for the German Parliament, Tareq Alaows, dropped out of the race after experiencing racist attacks and violent threats online.While many policymakers want Facebook and other platforms to be aggressive in screening user-generated content, others have concerns about private companies making decisions about what people can and can’t say. The far-right party Alternative for Germany, which has criticized the law for unfairly targeting its supporters, has vowed to repeal the policy “to respect freedom of expression.”Jillian York, an author and free speech activist with the Electronic Frontier Foundation in Berlin, said the German law encouraged companies to remove potentially offensive speech that is perfectly legal, undermining free expression rights.“Facebook doesn’t err on the side of caution, they just take it down,” Ms. York said. Another concern, she said, is that less democratic countries such as Turkey and Belarus have adopted laws similar to Germany’s so that they could classify certain material critical of the government as illegal.Renate Künast, a former government minister who once invited a journalist to accompany her as she confronted individuals in person who had targeted her with online abuse, wants to see the law go further. Victims of online abuse should be able to go after perpetrators directly for libel and financial settlements, she said. Without that ability, she added, online abuse will erode political participation, particularly among women and minority groups.In a survey of more than 7,000 German women released in 2019, 58 percent said they did not share political opinions online for fear of abuse.“They use the verbal power of hate speech to force people to step back, leave their office or not to be candidates,” Ms. Künast said.The Reichstag, where the German Parliament convenes, in Berlin.Emile Ducke for The New York TimesMs. Dornheim, the Berlin candidate, who has a master’s degree in computer science and used to work in the tech industry, said more restrictions were needed. She described getting her home address removed from public records after somebody mailed a package to her house during a particularly bad bout of online abuse.Yet, she said, the harassment has only steeled her resolve.“I would never give them the satisfaction of shutting up,” she said. More

  • in

    Trump Campaign Knew Lawyers' Dominion Claims Were Baseless, Memo Shows

    Days before lawyers allied with Donald Trump gave a news conference promoting election conspiracy theories, his campaign had determined that many of those claims were false, court filings reveal.Two weeks after the 2020 election, a team of lawyers closely allied with Donald J. Trump held a widely watched news conference at the Republican Party’s headquarters in Washington. At the event, they laid out a bizarre conspiracy theory claiming that a voting machine company had worked with an election software firm, the financier George Soros and Venezuela to steal the presidential contest from Mr. Trump.But there was a problem for the Trump team, according to court documents released on Monday evening.By the time the news conference occurred on Nov. 19, Mr. Trump’s campaign had already prepared an internal memo on many of the outlandish claims about the company, Dominion Voting Systems, and the separate software company, Smartmatic. The memo had determined that those allegations were untrue.The court papers, which were initially filed late last week as a motion in a defamation lawsuit brought against the campaign and others by a former Dominion employee, Eric Coomer, contain evidence that officials in the Trump campaign were aware early on that many of the claims against the companies were baseless.The documents also suggest that the campaign sat on its findings about Dominion even as Sidney Powell and other lawyers attacked the company in the conservative media and ultimately filed four federal lawsuits accusing it of a vast conspiracy to rig the election against Mr. Trump.According to emails contained in the documents, Zach Parkinson, then the campaign’s deputy director of communications, reached out to subordinates on Nov. 13 asking them to “substantiate or debunk” several matters concerning Dominion. The next day, the emails show, Mr. Parkinson received a copy of a memo cobbled together by his staff from what largely appear to be news articles and public fact-checking services.Even though the memo was hastily assembled, it rebutted a series of allegations that Ms. Powell and others were making in public. It found:That Dominion did not use voting technology from the software company, Smartmatic, in the 2020 election.That Dominion had no direct ties to Venezuela or to Mr. Soros.And that there was no evidence that Dominion’s leadership had connections to left-wing “antifa” activists, as Ms. Powell and others had claimed.As Mr. Coomer’s lawyers wrote in their motion in the defamation suit, “The memo produced by the Trump campaign shows that, at least internally, the Trump campaign found there was no evidence to support the conspiracy theories regarding Dominion” and Mr. Coomer.Read the Trump campaign’s internal memoLast November, communications staff members on the Trump campaign hastily assembled a memo examining outlandish election claims. The memo found that many of the allegations were baseless.Read DocumentEven at the time, many political observers and voters, Democratic and Republican alike, dismissed the efforts by Ms. Powell and other pro-Trump lawyers like Rudolph W. Giuliani as a wild, last-ditch attempt to appease a defeated president in denial of his loss. But the false theories they spread quickly gained currency in the conservative media and endure nearly a year later.It is unclear if Mr. Trump knew about or saw the memo; still, the documents suggest that his campaign’s communications staff remained silent about what it knew of the claims against Dominion at a moment when the allegations were circulating freely.“The Trump campaign continued to allow its agents,” the motion says, “to advance debunked conspiracy theories and defame” Mr. Coomer, “apparently without providing them with their own research debunking those theories.”Eric Coomer, a former Dominion Voting Systems employee, was accused of playing a role in a conspiracy to breach voting machines and reverse the 2020 election’s outcome. Bob Andres/Atlanta Journal-Constitution via Associated PressMr. Coomer, Dominion’s onetime director of product strategy and security, sued Ms. Powell, Mr. Giuliani, the Trump campaign and others last year in state district court in Denver. He has said that after the election, he was wrongly accused by a right-wing podcast host of hacking his company’s systems to ensure Mr. Trump’s defeat and of then telling left-wing activists that he had done so.Soon after the host, Joe Oltmann, made these accusations, they were seized upon and amplified by Ms. Powell and Mr. Giuliani, who were part of a self-described “elite strike force” of lawyers leading the charge in challenging Joseph R. Biden Jr.’s victory.On Nov. 19, for example, Ms. Powell and Mr. Giuliani appeared together at the news conference at the Republican National Committee’s headquarters and placed Mr. Coomer at the center of a plot to hijack the election by hacking Dominion’s voting machines. By Ms. Powell’s account that day, the conspiracy included Smartmatic, Venezuelan officials, people connected to Mr. Soros and a “massive influence of communist money.”Ms. Powell and Mr. Giuliani did not respond to messages seeking comment on the documents. Representatives for Mr. Trump also did not respond to emails seeking comment.Mr. Trump continues to falsely argue that the election was stolen from him, and in recent months Ms. Powell and Mr. Giuliani have stuck by their claims that the election was rife with fraud. A lawyer for Mr. Giuliani said in a court filing last month that at least some of his claims of election fraud were “substantially true.”And as recently as three weeks ago, Ms. Powell told a reporter for the Australian Broadcasting Corporation that the 2020 election was “essentially a bloodless coup where they took over the presidency of the United States without a single shot being fired.”It remains unclear how widely the memo was circulated among Trump campaign staff members. According to the court documents, Mr. Giuliani said in a deposition that he had not seen the memo before he gave his presentation in Washington, and he questioned the motives of those who had prepared it.“They wanted Trump to lose because they could raise more money,” Mr. Giuliani was quoted as saying in the deposition.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

  • in

    Wisconsin Republican Defends Legitimacy of 2020 Election Investigation

    The Wisconsin Republican leading the state’s partisan inquiry into the 2020 election results on Monday warned election clerks that they would face subpoenas if they did not cooperate and defended the investigation’s legitimacy by declaring that he was not seeking to overturn President Biden’s victory in the state.“We are not challenging the results of the 2020 election,” Michael Gableman, a conservative former State Supreme Court justice overseeing the investigation, argued in a video posted on YouTube. The inquiry, he said, “may include a vigorous and comprehensive audit if the facts that are discovered justify such a course of action.”The video from Mr. Gableman comes after he and Wisconsin’s Republican legislative leaders have faced increasing criticism from both their party’s far right and from Democrats. The right has accused Mr. Gableman of not doing enough to push lies about the 2020 election propagated by former President Donald J. Trump. Democrats have painted the $680,000 inquiry into the election as a waste of state resources and a distraction from other needed business. Mr. Gableman was assigned to look into Mr. Trump’s false claims that the state’s election was stolen from him by Robin Vos, the Republican speaker of the Wisconsin Assembly, nearly three months ago. The five-minute video released on Monday was the first extensive public statement Mr. Gableman has made outlining the scope and aim of his investigation.The Republicans’ continuing effort to re-examine the 2020 results in Wisconsin comes as Trump allies elsewhere have gone to great lengths to undermine Mr. Biden’s victory. Arizona Republicans are near the end of a monthslong review of ballots in Maricopa County. Pennsylvania Republicans last week approved subpoenas for driver’s license and partial Social Security numbers for every voter in the state. And 18 states, including Texas this month, have passed laws this year adding new voting restrictions.In recent weeks, Trump-allied conservatives in Wisconsin have shown public frustration at the pace and transparency of Mr. Gableman’s investigation. This month, a group led by David A. Clarke Jr., a former Milwaukee County sheriff who has been a prominent purveyor of false claims about the election, held a rally at the State Capitol in Madison to protest what it argued was insufficient devotion by Mr. Gableman and the state’s Republican leaders to challenging the 2020 results. Mr. Gableman said on Monday that his investigation would require the municipal officials who operate Wisconsin’s elections to prove that voting was conducted properly. He said local clerks would be required to obey any subpoenas he might issue.Election clerks in Milwaukee and Green Bay ignored previous subpoenas issued by the Republican chairwoman of the Assembly’s elections committee for ballots and voting machines. Mr. Vos had declined to approve those subpoenas.“The responsibility to demonstrate that our elections were conducted with fairness, inclusivity and accountability is on the government and on the private, for-profit interests that did work for the government,” Mr. Gableman said. “The burden is not on the people to show in advance of an investigation that public officials and their contractors behaved dishonestly.”Mr. Gableman added that he did not plan to release information to the public on a regular time frame but would do so when he found it appropriate.“My job as special counsel is to gather all relevant information and, while I will draw my own conclusions, my goal is to put everything I know and everything I learn before you, the citizen, so that you can make up your own mind,” he said.The chairman of the Wisconsin Democratic Party, Ben Wikler, said the Gableman video was evidence that state Republicans were at odds with one another over how far the election investigation should go.“Robin Vos and his far-right ‘investigator’ Michael Gableman are clearly upset that the most extreme fringe doesn’t think they’re going far enough to entertain conspiracy theories,” Mr. Wikler said. “They’re wasting taxpayer funds to serve the political interests of a small group of Republican insiders who want to erode the freedom to vote. It’s a sham, a waste of time and money, and it’s damaging our democracy.” More

  • in

    Republicans Seek Pennsylvania Voters’ Personal Information in 2020 Review

    Pennsylvania Republicans moved on Wednesday to seek personal information on every voter in the state as part of a brewing partisan review of the 2020 election results, rubber-stamping more than a dozen subpoenas for driver’s license numbers and partial Social Security numbers.The expansive request for personal information, directed at Pennsylvania’s Department of State and approved in a vote by Republicans on a State Senate subcommittee, is the first major step of the election inquiry. The move adds Pennsylvania to a growing list of states that have embarked on partisan-led reviews of the 2020 election, including a widely criticized attempt to undermine the outcome in Arizona’s largest county.Democrats in the State Senate pledged to fight the subpoenas in court, saying at a news conference after the vote on Wednesday that the requests for identifiable personal information were an overreach, lacked authority and potentially violated federal laws protecting voter privacy. “Senate Democrats, going forward, intend to take legal action against this gross abuse of power by filing a lawsuit, challenging in the courts, and to ask the courts to declare the Senate Republicans’ actions in violation of separation of power, as well as declaring that they had no authority to issue these subpoenas,” said State Senator Jay Costa, the minority leader.Democrats control several of the top offices in Pennsylvania — including those of governor, attorney general and secretary of state — and it was not immediately clear what legal basis they might have to challenge the subpoenas. Nor was it clear how the transfer of information would begin to take place, if it does proceed, or which people or entities involved in the review would control the information. While the review will be funded by taxpayers, its potential cost has yet to be revealed. The Department of State did not respond to requests for comment or issue a statement on the subpoenas. Josh Shapiro, the attorney general of Pennsylvania and a Democrat, vowed to fight the subpoenas as well. “There are legal consequences to turning over people’s private, personal information without their permission,” Mr. Shapiro said in an interview. “My office will not allow that to happen. And people can be assured that we will take whatever legal action necessary to protect their private personal information from this charade.”The subpoenas, 17 in all, also included a request for communications between state and county election officials. They did not include requests for election machines or equipment.But election experts still expressed worries about the amount of personal information being requested and the security risks, both to voters and to the electoral process, that could come with such a transfer of information. Such risks have grown increasingly common in partisan election reviews around the country. “That’s a really bad idea to have private information floating around in a Senate caucus,” said Marian K. Schneider, an elections lawyer for the A.C.L.U. of Pennsylvania. “And it’s really not clear how the data is going to be used, who’s going to be looking at it, who can have access, how it’s going to be secured. And it’s unclear to me why they even need the personally identifying information.” Republicans in several states have pursued similar reviews — misleadingly labeled “audits” to suggest an authoritative nonpartisan investigation — in the name of protecting “election integrity.” The reviews have often centered on baseless claims and debunked conspiracy theories about the presidential contest, spurred in part by the falsehoods promoted by former President Donald J. Trump and his allies.President Biden won Pennsylvania by more than 80,000 votes, and the results have been reaffirmed by the state’s Department of State.“The entirety of our proceedings today, issuing subpoenas, is based upon such a noncredible foundation,” said Anthony H. Williams, a Democratic state senator who represents an area near Philadelphia. He added that it was “very troubling and, in fact, leads us to darker days in this country, such as when hearings like these, during the McCarthy era, were held, where voices were silenced and liberties were denied, being bullied by the power of the government.”State Senator Jake Corman, the top Republican in the chamber, who approved the review last month, portrayed the investigation as merely trying to inform future legislation and lashed back at Democrats, asking what they were “scared of.”“All we’re doing is seeking facts, seeking information, so that we can make better public policy,” Mr. Corman said. When questioned by Democrats about why voters’ Social Security and driver’s license information was necessary for the investigation, State Senator Cris Dush, who is leading the review as chair of the Governmental Operations Committee, brought up unspecific and unfounded claims that ineligible voters had cast ballots in the Pennsylvania election. “Because there have been questions regarding the validity of people who have voted, whether or not they exist,” Mr. Dush said. “Again, we’re not responding to proven allegations, we are investigating the allegations to determine whether or not they are factual.” He continued: “If we have the sum errors within the voter registration system which allow for such activity, then we have a responsibility as a legislature to create legislation which will prevent that from happening in future elections.”A chief concern of Democrats, beyond the subpoenas, was which people or companies might gain access to the stockpile of personal information of the nearly seven million Pennsylvanians who cast a ballot in the 2020 election.State Senator Steven J. Santarsiero, a Democrat from the Philadelphia suburbs, pressed Mr. Dush on his selection process. Mr. Santarsiero asked specifically whether any of the vendors the Republicans are considering have ties to Sidney Powell, the lawyer who has popularized many false conspiracy theories about the 2020 election.“The answer to that is I really don’t know, because it is not something that is relevant to my determination,” Mr. Dush responded.“So it’s possible, then?” Mr. Santarsiero asked.“It is absolutely possible,” Mr. Dush said. More

  • in

    False Election Claims in California Reveal a New Normal for G.O.P.

    In an echo of 2020, Republicans are pushing baseless allegations of cheating in the state’s recall race even before Election Day.The results of the California recall election won’t be known until Tuesday night. But some Republicans are already predicting victory for the Democrat, Gov. Gavin Newsom, for a reason that should sound familiar.Voter fraud.Soon after the recall race was announced in early July, the embers of 2020 election denialism ignited into new false claims on right-wing news sites and social media channels. This vote, too, would supposedly be “stolen,” with malfeasance ranging from deceptively designed ballots to nefariousness by corrupt postal workers.As a wave of recent polling indicated that Mr. Newsom was likely to brush off his Republican challengers, the baseless allegations accelerated. Larry Elder, a leading Republican candidate, said he was “concerned” about election fraud. The Fox News commentators Tomi Lahren and Tucker Carlson suggested that wrongdoing was the only way Mr. Newsom could win. And former President Donald J. Trump predicted that it would be “a rigged election.”This swift embrace of false allegations of cheating in the California recall reflects a growing instinct on the right to argue that any lost election, or any ongoing race that might result in defeat, must be marred by fraud. The relentless falsehoods spread by Mr. Trump and his allies about the 2020 election have only fueled such fears.“I very honestly believe there were irregularities and fraudulent activity,” Elena Johnson, 65, a teacher in Los Angeles County who was in the crowd at a rally for Mr. Elder last week in Ventura County, said of the presidential contest last year. “It was stolen.”Because of her concerns about voter fraud in the 2020 election, Ms. Johnson said, she would be casting her ballot in person on Tuesday instead of by mail. She said she was supporting the Republican because she thought California, her adopted home after immigrating from the Philippines 40 years ago, was on the brink. “California is where I came, and California is where I want to stay,” she said.Since the start of the recall, allegations of election fraud have been simmering on social media in California, with daily mentions in the low thousands, according to a review by Zignal Labs, a media tracking agency.But singular claims or conspiracy theories, such as a selectively edited video purporting to show that people with a post office “master key” could steal ballots, have quickly ricocheted around the broader conservative ecosystem. The post office video surpassed one million views, amplified by high-profile Trump allies and members of the conservative news media.Nationally, Republican candidates who deny the outcomes of their elections remain outliers. Hundreds of G.O.P. candidates up and down the ballot in 2020 accepted their defeats. But at the same time, many of them joined Mr. Trump in the assault on the presidential race’s outcome, and in other recent election cycles, candidates, their allies and the conservative news media have increasingly expressed doubts about the validity of the electoral process.And while false claims of wrongdoing have long emerged in the days and weeks after elections, Republicans’ quick turn in advance of the California recall — a race that was always going to be a long shot for them in a deep-blue state — signals the growing normalization of crying fraud.“This is baked into the playbook now,” said Michael Latner, an associate professor of political science at California Polytechnic Institute. As soon as the recall was official, he added, “you already started to see stories and individuals on social media claiming that, you know, they received five ballots or their uncle received five ballots.”Some Republican leaders and strategists around the country worry that it is a losing message. While such claims may stoke up the base, leaders fear that repeatedly telling voters that the election is rigged and their votes will not count could have a suppressive effect, leading some potential Republican voters to stay home.Republican officials have tried to encourage their voters to vote by mail while also acknowledging their worries about fraud.Rich Pedroncelli/Associated PressThey point to the Senate runoff elections early this year in Georgia, where two Republican incumbents, Senators Kelly Loeffler and David Perdue, were ousted by first-time Democratic challengers. Though the state had just voted Democratic in the presidential election for the first time in decades, the Senate races were seen as an even taller task for Democrats.But in the months after the November general election, Mr. Trump fired off countless attacks against the legitimacy of the Georgia contests, floating conspiracy theories and castigating the Republican secretary of state and governor for not acquiescing to his desire to subvert the presidential election. When the runoffs came, more than 752,000 Georgians who had voted in November did not cast ballots, according to a review by The Atlanta Journal-Constitution. More than half of those voters were from constituencies that lean toward Republican candidates, the review found.“The person that they most admired in their conservative beliefs was telling them that their vote didn’t count,” said Lt. Gov. Geoff Duncan of Georgia, a Republican, referring to Mr. Trump. “And then the next day he would tell him that the election was rigged, and then the next day he would tell them, ‘Why even show up?’ And they didn’t. And that alone was enough to swing the election to the Democrat side.”“This whole notion about fraud and elections,” Mr. Duncan continued, “it’s a shiny object that quite honestly is about trying to save face and not own reality.”Republican officials in California have performed a balancing act, trying to acknowledge their voters’ worries about fraud while ensuring that the same voters trust the state’s vote-by-mail system enough to cast a ballot. Party officials have promoted mail voting on social media, and have leaned on popular members of Republican leadership, including Representative Kevin McCarthy of California, the minority leader, to cut videos preaching the security of voting by mail.But some leading Republicans in the state have simultaneously denounced a bill passed by the State Legislature this month that would permanently enact a mail voting expansion that was introduced as an emergency measure in 2020. Republicans in the Legislature have continued to baselessly claim that mail voting invites fraud and that drop boxes remain unsecure.“I can tell you story after story in my district,” State Senator Shannon Grove, a Republican from Bakersfield, said during a floor debate this month. She added that the Democrats who dominate the chamber would admit they had also heard complaints “if you guys were honest.”The state Republican Party has also ramped up what it calls an election integrity operation, which aims to recruit more poll watchers and is directing voters to a hotline to send in complaints of fraud. The program, according to Jessica Millan Patterson, the chair of the state party, was designed to assure voters that the California election would be secure.Larry Elder has changed his position on whether he thought President Biden won the election fairly.Allison Zaucha for The New York Times“My entire focus,” Ms. Patterson said in an interview, “is to build trust and faith within our process and make sure people are confident.” She added that she was not paying attention to the national conversation about voter fraud and that she was not worried about the Republican effort hurting turnout because “our No. 1 turnout operation is having Gavin Newsom as our governor every day.”“I’ve always focused on California; everything outside of that is noise,” Ms. Patterson said. “We have to fix our own house before we can worry about what’s going on at the national level.”Mr. Elder, the Republican challenger to Mr. Newsom who has claimed without evidence that there will be “shenanigans” in the voting process, has also set up a tip line for voters to offer evidence of fraud.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More