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      Revealed: rightwing firm posed as leftist group on Facebook to divide Democrats

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      A digital marketing firm closely linked to the pro-Trump youth group Turning Point USA was responsible for a series of deceptive Facebook ads promoting Green party candidates during the 2018 US midterm elections, the Guardian can reveal.In an apparent attempt to split the Democratic vote in a number of close races, the ads purported to come from an organization called America Progress Now (APN) and used socialist memes and rhetoric to urge leftwing voters to support Green party candidates.Facebook was aware of the true identity of the advertiser – the conservative marketing firm Rally Forge – and the deceptive nature of the ads, documents seen by the Guardian show, but the company determined that they did not violate its policies.Rally Forge would go on to set up a pro-Trump domestic “troll farm” for Turning Point Action, a “sister” organization of Turning Point USA, in 2020, earning a permanent ban from Facebook.“There were no policies at Facebook against pretending to be a group that did not exist, an abuse vector that has also been used by the governments of Honduras and Azerbaijan,” said Sophie Zhang, a former Facebook employee and whistleblower who played a small role in the investigation of the Green party ads.She added: “The fact that Rally Forge later went on to conduct coordinated inauthentic behavior with troll farms reminiscent of Russia should be taken as an indication that Facebook’s leniency led to more risk-taking behavior.”Devon Kearns, a spokesperson for Facebook, said: “We removed Rally Forge from our platforms for violating our policy against coordinated inauthentic behavior. Since the 2018 midterms, we have strengthened our policies related to election interference and political ad transparency. We continue working to make political advertising more transparent on our platform and we welcome updated regulations and help from policymakers as we evolve our policies in this space.”The revelation that the ads were linked to a rightwing organization raises questions about the Federal Election Commission’s enforcement of campaign finance laws. APN and its ads appeared to violate federal laws that require independent expenditures to be filed with the FEC and include proper disclosures on advertisements, as ProPublica and Vice News first reported in 2018.The non-partisan campaign finance watchdog group Campaign Legal Center (CLC) filed a complaint against APN and subsequently sued the agency in an attempt to force it to investigate the group. But in July 2020, the FEC voted to dismiss allegations that America Progress Now had violated federal law, after an individual, Evan Muhlstein, took responsibility for the ads and attributed the lack of proper disclosures and filings to his “inexperience”.It is illegal to knowingly make false or fraudulent statements to federal agencies, and the FEC appears to have taken Muhlstein at his word that the ads were a sincere but novice attempt to support Green party candidates.The former FEC commissioner Ann Ravel, who reviewed the case at the request of the Guardian, said that were she still on the FEC, she would now refer this “stunning” case to the justice department for investigation.“It seems as if it’s a clear fraud,” Ravel said, noting that the FEC general counsel’s office appeared to have been “misled” by Muhlstein. “The requirement for the justice department to take on an electoral matter is that it be serious and willful, and clearly in this case it was willful, in my opinion.”Brendan Fischer, director of federal reform at CLC, said: “This is an example of why disclosure is so important in elections: swing state voters who saw ‘America Progress Now’ ads promoting Green party candidates would’ve had no idea that they were the handiwork of Republican political operatives. The FEC’s job is to enforce the transparency laws and protect voters’ right to know who is trying to influence them, but the agency here failed to conduct even a minimal investigation.”‘A crystal clear example of astroturfing’On 27 October 2018 – just days before the 6 November election – America Progress Now began running a series of ads that used leftist motifs, such as the red rose emoji and images of Bernie Sanders and Alexandria Ocasio-Cortez, to rail against the “corporate, two-party oligarchy” and the “corporate, capitalist wage system”. Some of the ads urged voters to choose a third party, but others endorsed Green party candidates by name – triggering FEC rules for independent expenditures.Following the 5 November publication of a ProPublica/Vice News report on the “mysterious” group behind the ads, Facebook launched a “hi-pri[ority]” escalation to investigate whether they constituted “coordinated inauthentic behavior” (CIB) – the name Facebook gives to the kind of deceptive tactics that a Russian influence operation used during the 2016 election.The investigation was straightforward since Facebook has access to information that regular users do not: the names of the people who control Facebook Pages. Investigators quickly realized that America Progress Now was administered by three individuals – Jake Hoffman, Connor Clegg and Colton Duncan – who also served as Facebook Page administrators for Turning Point USA, the rightwing college group founded by Charlie Kirk in 2012. Hoffman and Clegg were also administrators for Kirk’s Facebook Page.“These admins are connected to Turning Point USA,” one staffer from the civic integrity team said, according to internal task management documents seen by the Guardian. “This is very inauthentic. I don’t know what the policy here is but this seems very sketchy.” Another staffer named Rally Forge as being responsible for the ads. APN had spent nearly $5,000 to have the ads shown to users nearly 300,000 times, a third staffer noted.A rightwing political marketing firm that ran a $350,000 pro-Trump Super Pac in the 2016 election, Rally Forge was founded and run by Hoffman, an Arizona Republican who was at the time a member of the town council in Queen Creek, Arizona. In November 2020 Hoffman was elected to serve in the Arizona state legislature.Clegg and Duncan were alumni of Texas State University, where they had been elected student body president and vice-president respectively in 2017. Clegg was impeached and removed from office shortly before his term would have ended in 2018. Duncan resigned from his post in 2017; he appears to have been hired directly by Turning Point USA in 2019.Since 2017, Rally Forge has been Turning Point USA’s highest-compensated independent contractor, paid more than $1.1m over two years, according to the non-profit’s public filings. Turning Point Action, an affiliated organization also founded by Kirk, paid Rally Forge $700,000 for work supporting Trump and opposing Biden during the 2020 presidential campaign, and an additional $400,000 for work on the US Senate runoff races in Georgia.Andrew Kolvet, a spokesperson for Turning Point USA, said that neither Turning Point USA nor Turning Point Action had “any involvement” with America Progress Now or its Facebook ads.In addition to America Progress Now and Turning Point USA, Hoffman, Clegg and Duncan all also served as administrators for a number of other rightwing Facebook Pages. The trio each maintained two accounts to administer their Facebook Pages, one using their full names and one using their first and middle initials – a violation of the company’s policy that each user can only have one Facebook account. One of each of the three men’s accounts had been authorized by Facebook to run political ads, a process that required submitting a government ID to Facebook for verification.One of Hoffman’s accounts had spent approximately $650,000 to run Facebook ads on behalf of 40 Pages, including the official Page of Donald Trump Jr.The intention here is clearly to mislead usersHoffman declined to answer detailed questions from the Guardian, including about the nature of Rally Forge’s relationship with Muhlstein. “The premise of your questions is either ill-informed or intentionally misleading,” he said in a statement. “Rally Forge is a marketing agency, not a compliance company. Furthermore, it is my understanding that the small handful of ads, totaling less than 2,500 dollars, which qualified as independent expenditures, have been fully disclosed by the responsible organization in coordination with the FEC.”Duncan said that he had never heard of America Progress Now before the Guardian’s inquiries and had “zero knowledge or insight into the group”. When asked about the CG Duncan account, which had passed Facebook’s verification process and was an administrator of the APN page, he responded: “I urge you to reach out to JM [Hoffman]. Let me know what you find out, I’m as curious as you are.”Clegg did not respond to multiple attempts to contact him.Despite possessing clear evidence of inauthenticity, Facebook staffers determined the Green party ads did not violate existing company policies related to political ads or CIB. They decided to deactivate the three men’s extra accounts, but after the election and only after providing them with advance notice.The episode inspired some disquiet among Facebook staff.“What I find very problematic is that the intention here is clearly to mislead users,” said the civic integrity staffer. “The users in question clearly created a new FB page to hide their identity, which would be grounds for removal on most surfaces,” she added, referring to Facebook’s rules requiring people to use their real names on their accounts.One product manager produced an internal postmortem of the incident in which she described it as “a crystal clear example of astroturfing” – deceptive campaign tactics designed to appear as grassroots actions – “… as well as playing both sides … and political ad opacity, since users cannot see who they are. Furthermore, I could see making a case for voter suppression.”“Unfortunately, it turned out there was nothing we could do against these ads,” she added. “We ended up only aiming to remove a few [duplicate] accounts under the fake account policy, but only after proper notice – and I believe we have not removed them yet.”“Can we strengthen our ads transparency policies so that political ads are indeed transparent to the user?” she asked.A Facebook spokesperson said that the company had indeed removed the duplicate accounts following the midterms, and that Rally Forge’s network of Pages and accounts had gone dormant after November 2018. The company made a number of updates to its policies on political ads before the 2020 elections, including requiring advertisers to provide more information about their organizations before being authorized to run ads. It also introduced a new policy to encourage more transparency regarding who runs networks of Facebook Pages.Rally Forge reactivated its network of Pages and accounts in June 2020, according to Facebook. It established a domestic “troll farm” in Phoenix, Arizona, that employed teenagers to churn out pro-Trump social media posts, some of which cast doubt on the integrity of the US election system or falsely charged Democrats with attempting to steal the election, the Washington Post revealed.Facebook said that its automated systems had detected and deleted fake accounts made by Rally Forge, which then created “thinly veiled personas” to carry out deceptive campaigning. In October 2020, the platform permanently banned Rally Forge and Hoffman for violating its policy against CIB, work that Facebook said the firm had undertaken “on behalf of Turning Point USA” and another client.A spokesman for Turning Point USA disputed the characterization of the operation as a “troll farm” and noted that it was a project of Turning Point Action, which is a separate entity.Facebook did not take any enforcement action against Turning Point USA, Turning Point Action or Kirk with regard to the Phoenix operation. Facebook also did not disclose Rally Forge’s connection to America Progress Now and the deceptive Green Party ads.A forestalled investigationIn September 2019, CLC filed a complaint alleging that APN’s failure to register with the FEC violated federal law. The FEC responded by sending a letter to an inaccurate address that America Progress Now had listed on its Facebook Page, but it does not appear to have taken further action, prompting CLC to sue it in February 2020.“If nothing is done, the FEC will instead be sending a message that anonymous or fake entities like America Progress Now can pop into existence just prior to an election, exploit lax registration and reporting requirements by digital platforms, spend unlimited sums of money, and then disappear into thin air once an election is over,” the group said at the time.In April 2020, the FEC wrote again, this time to the address listed on an Arizona state business filing for America Progress Now.On 15 April 2020, Evan Muhlstein responded to the FEC by email. Muhlstein described the lack of filing as an “error”, writing, “I believe that it is important for the commission to understand that any potential failure on either of those items is based entirely on my inexperience to the process.” He wrote that he had “assumed that Facebook’s ‘political disclaimer/disclosure’ was all that was necessary”, said his expenditures totaled “only $2,467.54”, and expressed surprise that “a spend as small as this would require any type of reporting”.“I again offer my sincerest apology for any potential errors in failing to disclose,” Muhlstein wrote. “Given the apparent obstacles and unknowns of participating in the election process in this manner (of which I am learning some of now), it is highly unlikely I will ever participate in it again. I feel terrible for having been so ignorant to the process.”Muhlstein also expressed his desire to come into compliance “correctly and quickly”. At no point in the communication did Muhlstein disclose that the advertisements had been handled by a major political marketing firm.“Muhlstein’s statement to the FEC is extremely misleading and might warrant a criminal investigation,” said Fischer, of the CLC.Muhlstein did not respond to multiple attempts to make contact with him. His connection to Rally Forge is not known. He is a resident of Queen Creek, Arizona, the town where Hoffman also lives.The FEC has the power to issue subpoenas and carry out serious investigations, but only after a vote of four of its five commissioners.In a report dated 4 May, the FEC’s general counsel argued that, while it appeared that Muhlstein had violated federal law, the small amount of money involved and Muhlstein’s statement that he was unlikely to engage in further political spending led it to recommend that the FEC exercise prosecutorial discretion and dismiss the allegations with a warning.In July, the FEC voted to follow the general counsel’s recommendation and dismiss the case, forestalling any actual investigation.Commissioner James “Trey” Trainor went further, lambasting the CLC in a statement of reasons. “Contrary to CLC’s wild speculation, this case wasn’t about a ‘fake political group … exploit[ing] Facebook rules … and hid[ing] spending from the FEC,’” he wrote. “In fact, APN was established by an unsophisticated individual trying to show his support for several third-party candidates, but he got tripped by the myriad regulations governing online political speech.”Trainor asserted that “there was no evidence to contradict” Muhlstein’s statement to the FEC “and no evidence to support CLC’s salacious theories about the ‘unknown person or persons’ behind APN”.It would not be until 23 December 2020 – six months after the FEC had voted not to pursue the allegations of law violations and more than two years after the election – that Muhlstein would provide the FEC with that evidence, when he finally registered APN with the FEC and disclosed that the independent expenditure had been made through Rally Forge.The FEC did not respond to questions from the Guardian, citing a policy not to comment on enforcement matters. Trainor did not respond to a request for comment. Fischer said: “It looks like we were right.”Daniel Hernandez contributed reporting More

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      Facebook will end special treatment for politicians after Trump ban – report

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      Facebook is reportedly planning to end a policy that effectively exempts politicians from content moderation rules.The Verge reported on Thursday that the social media company is expected to announce its new policy on Friday. The change comes as Facebook faces increased criticism, from journalists, lawmakers and its own employees, for allowing world leaders and politicians to use its platform to spread misinformation, quash criticism and harass opponents.The company is also expected to announce a response to its independent oversight board, which recently advised that Donald Trump’s Facebook account should not be reinstated. The platform had suspended Trump’s account after the former president shared posts in which he seemed to praise the rioters who stormed the US capitol in the deadly 6 January riots.As part of its non-binding recommendations, the board said the same rules should apply to all users and that Facebook’s existing policies, such as deciding when material is too newsworthy to remove or when to take actions on an influential account, need to be more clearly communicated to users. The board also said that heads of state and government officials can have a greater power to cause harm.Facebook declined to comment.Social media platforms like Facebook and Twitter have long contended that companies shouldn’t censor what politicians share. Although it has taken some steps to curb misinformation shared by certain leaders in the US, amid increased scrutiny, a Guardian investigation revealed that it allowed major abuses of its platform in small, non-western countries.The Guardian reported in April that the platform “has repeatedly failed to take timely action when presented with evidence of rampant manipulation and abuse of its tools by political leaders around the world”.The policy Facebook is expected to announce this week will stop short of subjecting posts by politicians to the same independent fact-checking that other sources share. However, the new policy will broaden the moderator’s ability to enforce harassment rules against politicians, according to the Verge.Mark Zuckerberg, Facebook’s CEO, has long argued that the company should not police politicians’ speech. The company currently exempts politicians’ posts and ads from its third-party factchecking program and its “newsworthiness exemption” allows politicians’ rule-breaking posts on the site if the public interest outweighs the harm – though Facebook said it did not apply its newsworthiness allowance in the Trump case.In the board’s recommendations it stressed that considerations of “newsworthiness” should not take priority when urgent action is needed on the platform to prevent “significant harm”.The board gave Facebook six months to decide on a “proportionate response” in the Trump case, which could see the former president’s account restored, permanently blocked or suspended for a definite period of time.Facebook has not yet announced a decision on whether the former president will be restored to its platforms. More

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      in US Politics

      Facebook is pretending it cares how its platform affects the world | Siva Vaidhyanathan

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      The world is a lot better off without Donald Trump as president of the United States. And Facebook is a lot more peaceful without Trump’s unhinged calls for vengeance against his political opponents and fabricated tales of voter fraud echoing across the platform. What’s more, the world is a lot better off now that Trump can’t use Facebook to execute his plans.The Facebook Oversight Board, a company-selected team of free speech experts, ruled on Wednesday that while, based on Trump’s statements, the company was justified in banning Trump for some period of time, doing so indefinitely meant the company was treating Trump differently than it does other users and other world leaders. The board kicked the decision back to Facebook, meaning that this saga is far from over.“In applying a vague, standardless penalty and then referring this case to the board to resolve, Facebook seeks to avoid its responsibilities,” the 20-member board ruled. “The board declines Facebook’s request and insists that Facebook apply and justify a defined penalty.” The board then demanded that Facebook come up with a clearer and more fair penalty within six months.The board deliberated for four months after Facebook itself appealed its own January ban of Trump. Trump had praised and encouraged the invasion of the US Capitol building on 6 January when five people died in the violence, in what was a clear assault not only on the process of legitimately selecting Trump’s successor but on American democracy itself.In doing so, the board not only came to the most obvious short-term decision, it exposed the limits of its utility. Instead of considering more important questions about the role Facebook plays in politics and political violence around the world, or about how Facebook amplifies some messages and stifles others, or – crucially, in the case of Trump – how a political figure or party exploits Facebook’s features to degrade democracy or exact violence, the board took on the narrowest of questions: the regulation of particular expressions.The decision to ban Trump and his pages in January was a significant reversal of company policy. For years Facebook had treated Trump gingerly, scared of blowback from Republican legislators and the Trump administration itself. Mark Zuckerberg, the company’s CEO, had also for years extolled the platform’s alleged neutrality when it came to controversial speech, going so far, at one point, as to defend the policy of letting Holocaust deniers promote their expressions on Facebook. Clearly Facebook executives considered not only the gravity of the assaults of 6 January, but the fact that Trump would only be president for three more weeks and that Republicans had lost control of the US Senate. It was a safe and almost obvious decision to quiet Trump.The oversight board content director, Eli Sugarman, stated on Twitter that the indefinite penalty, issued without standards by which Trump could correct his behavior and restore his status, was quite different from how Facebook handled misinformation about Covid-19 in March from the Venezuelan president, Nicolás Maduro. Facebook froze Maduro’s page for 30 days and then left it up as “read-only,” limiting posting.“This penalty is novel and smacks of political expediency,” Sugarman wrote about the indefinite banning of Trump, compared to the limited penalty on Maduro.The problem is, Trump is almost novel – or at least he is among a select class of want-to-be tyrants capable of stoking massive violence and undermining democracy with years of corrosive messages. Maduro is no Trump. Comparing the reach and influence of Maduro to Trump makes no sense. And perhaps Facebook made a mistake by making Maduro’s penalty too short and light.Trump’s strategy of fully leveraging Facebook for propaganda, fundraising, organization, and stoking violence against opponents was mastered in 2015 by the leader of the Bharatiya Janata party in India, the current prime minister, Narendra Modi. It was repeated in early 2016 by Rodrigo Duterte in the Philippines and Jair Bolsonaro used it in Brazil. Modi, Duterte and Bolsonaro are still active on Facebook, Instagram and WhatsApp. The board has no power to insist that Facebook now treat those leaders like they did Trump. The board may only rule on accounts and content that Facebook decided to ban.Most significantly, the board did not consider the macro effect of Trump on Facebook, on the US, or on democracy. The board is not designed to. The board framed this question as one of expression, as if expression is the only consideration for a company like Facebook. The board was meant to ignore the ways Facebook actually works in the world and the ways some of its most influential users actually use Facebook.The reality is that Trump used Facebook most effectively as an organizing and fundraising tool. Trump’s entire political organization depended on Facebook from the start. Through Facebook, Trump built a fundraising base, recruited volunteers, filled his rallies with supporters and targeted advertisements to small slices of potential voters. Facebook is how Trump prevailed in 2016. Only the fact that Trump failed spectacularly as president to keep the US healthy and prosperous kept him from being re-elected in 2020.Even though he is no longer president and may not ever run for office again, Trump has the means and motivation to expand his political machine. Perhaps it would be to maintain his influence in the Republican party. Perhaps it would support some of his children or their spouses in their political campaigns to come.We should not expect consistency from Facebook going forward … Ultimately, Facebook is too big and too complicatedThe oversight board is committed to rule-based deliberation. It seeks consistency and predictability from Facebook. But Facebook is facing a series of unique challenges, very few of which are like the others. Rule-based deliberation forces the board to imagine that world leaders are somehow the same or even in the same situations. It also assumes that language works the same way in different contexts. Overall, it makes the board focus on the micro – the expression itself – not on the macro effects over time of a leader’s full activity on Facebook.Even comparing Modi, who has been pressuring Facebook to scrub criticisms of his government from the platform, to Trump, who has not and cannot, has its limitations. Facebook has so far failed to take Modi seriously as a threat to the lives and health of both people and democracy. But then again, India is Facebook’s largest market and Modi is close to both Zuckerberg and the chief operating officer, Sheryl Sandberg.We should not expect consistency from Facebook going forward. We should not even demand it. Ultimately, Facebook is too big and too complicated. And so is the real world. Any attempt to change Facebook for the better to bolster the fate of democracy must come with a full acknowledgment that whether one account is up or down or one post is deleted or not does not matter that much. The oversight board is a weak attempt by Facebook to look as if it takes seriously its effects on the world. We should not give it that much credit. More

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      in US Politics

      The inside story of how we reached the Facebook-Trump verdict | Alan Rusbridger

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      As so often is the case, Donald Trump gets to the heart of the problem. On 6 January, he was the president of the United States: probably the most powerful man in the world. He should be free to speak his mind, and voters should be free to listen. But he was also a habitual liar who, by the end of his term, had edged into repudiating the very democracy that had elevated him.And then came his inflammatory words on that day, uttered even as rioters were breaking their way into the heart of US democracy. His words had a veneer of restraint – “We have to have peace, so go home.” But his statements were laced with lies, along with praise for the mob who terrorised lawmakers as they sought to confirm Biden as Trump’s successor – “We love you, you’re very special … great patriots … remember this day for ever.”At 5.41pm and 6.15pm that day, Facebook removed two posts from Trump. The following day the company banned Trump from its platform indefinitely. Around the same day, Twitter also moved to ban the president – permanently.So there was the problem that Donald Trump embodied – in a country whose commitment to free speech is baked into its core. The president might be a bitterly polarising figure, but surely he has a right to be heard – and for voters to be free to make up their own minds?Facebook’s decision to the contrary would spark passionate debate within the United States. But it had a wider resonance. For how much longer would giant social media platforms act as an amplification system for any number of despots around the world. Would they, too, be banned?The classic defence of free expression is that good speech defeats bad speech. Political speech – in some views – should be the most protected speech. It is vital we know who our leaders are. We have a right – surely? – to know if they are crooks, liars or demagogues.On 7 January Facebook decided: no longer. And now the Facebook oversight board, of which I am a member, has published its own verdict on the decision: Facebook was both right and wrong. Right to remove his 6 January words and right, the following day, to ban the president from the platform. But wrong to ban him “indefinitely”.The key word is “indefinitely” – if only because Facebook’s own policies do not appear to permit it. The oversight board (OSB) judgment doesn’t mince its words: “In applying a vague, standardless penalty and then referring this case to the board to resolve, Facebook seeks to avoid its responsibilities. The board declines Facebook’s request and insists that Facebook apply and justify a defined penalty.” Ball squarely back in Facebook’s court.What Facebook has to do now – in our judgment, which the company is bound to implement – is to re-examine the arbitrary penalty it imposed on 7 January. It should take account of the gravity of the violation and the prospect of future harm.The case is the most prominent the OSB has decided since it was established as an independent entity and will inevitably focus more attention on its work. Why is such a body thought necessary?But this 38-page text is, I hope, a serious contribution to thinking about free speech in an age of chaosLet’s assume we might agree that it’s a bad thing for one person, Mark Zuckerberg, to be in charge of the rules of speech for 2 billion or more people. He is clearly a wonderfully talented engineer – but nothing in his background suggests he is equipped to think deeply about the complexities involved in free expression.Maybe most people who have studied the behaviour of governments towards publishers and newspapers over 300 years might also agree that politicians are not the best people to be trusted with individual decisions about who gets to say what.Into the void between those two polarities has stepped the OSB. At the moment we’re 19 individuals with backgrounds in journalism, law, academia and human rights: by the end of 2021 we hope to be nearer 40.Are we completely independent from Facebook? It certainly feels that way. It’s true that Facebook was involved in selecting the first 20 members, but once the board reaches its full complement, we decide who our future colleagues will be. Since a few early meetings to understand Facebook processes around moderation and similar matters we have had nothing to do with the company.We have our own board of distinguished trustees – again, free of any influence from Facebook. From what I’ve seen of my colleagues so far they’re an odd bunch to have picked if you were in search of a quiet life.The Trump decision was reached through the processes we’ve devised ourselves. A panel of five – with a good spread of regional backgrounds – did the initial heavy lifting, including sifting through more than 9,000 responses from the public.The wider board fed in its own views. We looked at Facebook’s own values – what they call voice, safety and dignity – as well as its content policies and community standards. But we also apply an international human rights lens in trying to balance freedom of expression with possible harms.In the Trump case we looked at the UN Guiding Principles on Business and Human Rights (UNGPs), which establish a voluntary framework for the human rights responsibilities of private businesses. We also considered the right to freedom of expression set out in articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR) – as well as the qualifying articles to do with the rights to life, security of person, non-discrimination, participation in public affairs and so on.We also considered the 2013 Rabat Plan of Action, which attempts to identify and control hate speech online. We took into account a submission sent on behalf of Trump himself and sent Facebook 46 questions. They answered 37 fully, and two partially.And then we debated, and argued – virtually/verbally and in writing. A number of drafts were circulated, with most board members pitching in with tweaks, challenges, corrections and disagreements. Gradually, a consensus developed – resulting in a closely argued 38-page decision which openly reflects the majority and minority opinions.In addition to our ruling about the original and “indefinite” bans, we’ve sent Facebook a number of policy advisory statements. One of these concentrates on the question of how social media platforms should deal with “influential users” (a more useful conceit than “political leaders”).Speed is clearly of the essence where potentially harmful speech is involved. While it’s important to protect the rights of people to hear political speech, “if the head of state or high government official has repeatedly posted messages that pose a risk of harm under international human rights norms, Facebook should suspend the account for a determinate period sufficient to protect against imminent harm”.As in previous judgments, we are critical of a lack of clarity in some of Facebook’s own rules, together with insufficient transparency about how they’re enforced. We would like to see Facebook carry out a comprehensive review of its potential contribution to the narrative around electoral fraud and in the exacerbated tensions that culminated in the violence on 6 January.And then this: “This should be an open reflection on the design and policy choices that Facebook has made that may enable its platform to be abused.” Which many people will read as not-so-coded reference to what is shorthanded as The Algorithm.Social media is still in its infancy. Among the many thorny issues we periodically discuss as a board is, what is this thing we’re regulating? The existing language – “platform”, “publisher”, “public square” – doesn’t adequately describe these new entities.Most of the suggested forms of more interventionist regulation stub their toes on the sheer novelty of this infant space for the unprecedented mass exchange of views.The OSB is also taking its first steps. The Trump judgment cannot possibly satisfy everyone. But this 38-page text is, I hope, a serious contribution to thinking about how to handle free speech in an age of information chaos. More

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      in US Politics

      Facebook fudge potentially lets Trump live to lie another day

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      It was not so much “Release the Kraken!” as “please tell the Kraken to pace around the room a few more times while we think about it”.Facebook’s oversight board ruled that Donald Trump should remain banned from the platform for incendiary posts on the day of the deadly insurrection at the US Capitol. But it also told the company that its “vague, standardless penalty” should be reviewed within six months.The former president has made a career of portraying defeats as victories, bankruptcies as financial successes, the 2020 election as an epic win that was stolen. Facebook’s fudge will again allow him to have it both ways.In the short term, the continued ban will feed the rightwing narrative of “cancel culture” and the perception that both mainstream media and social media censor conservative voices. Trump is the master of the politics of grievance and victimhood, constantly telling his supporters that “they” are taking away “your voice”.Now he has more ammunition. It is surely no coincidence that on Wednesday, he launched a glorified blog in which his statements have convenient tabs for users to post to Facebook and Twitter. His tirades against Facebook might soon be appearing all over a Facebook page near you.The announcement will also empower his conservative allies to cast big tech companies as the enemy of free speech. Mark Meadows, Trump’s former chief of staff, told Fox News: “It’s a sad day for Facebook because I can tell you a number of members of Congress are now looking at: do they break up Facebook? Do they make sure that they don’t have a monopoly?”The Republican senator Josh Hawley, an arch critic of Silicon Valley, tweeted that the decision is “a real life example of the tyranny of #BigTech”, adding: “That’s what monopolies do. Break them up.”But in the longer term, the quasi-independent board’s quasi-ruling leaves open the door for Trump to return to Facebook in plenty of time for the 2024 presidential election, whether as candidate or kingmaker.At first glance, this seems less significant than a return to Twitter, from which he is also barred. Twitter was always his favourite, the Ivanka to Facebook’s Eric, perhaps because its 280-character limit was better suited to his famously short attention span. His tweets, rather than his Facebook posts, generated headlines on cable TV and in newspapers.But Facebook was arguably a more important engine of his election campaigns. It was a tool to raise money, mobilise his supporters and spread disinformation about his opponents. According to the Axios website, Trump spent about $160m on Facebook ads in 2020, compared with Joe Biden’s $117m.The company’s ultimate decision on whether to allow him a comeback therefore carries high stakes. It is worth remembering what the ban was about in the first place. On 6 January, as rioters stormed the Capitol threatening to hang Vice-President Mike Pence, Trump wrote on Facebook: “We love you. You’re very special” and “great patriots” and “remember this day forever”.Just this week, Trump was still harping on the election, falsely asserting: “The Fraudulent Presidential Election of 2020 will be, from this day forth, known as THE BIG LIE!” This took the form of an emailed press release that journalists could mostly ignore. But what if he had posted it on Facebook, where it could spread like wildfire?Even without Trump’s presence, such conspiracy theories continue to thrive on the platform, helping to fuel Republican efforts across the country to pass laws that make voting harder. Trump’s ban from social media risks an out-of-sight, out-of-mind complacency, an assumption that now Biden is in the White House, America can let its guard down.Columnist Thomas Friedman told CNN this week: “There’s a sense out there that everything’s OK. Everything is not OK. Our democracy today is as threatened as at any time.”Trump’s national relevance has ebbed away with shocking speed since he left office on 20 January. The Facebook ruling, while prolonging that trend, will also help maintain the comforting illusion that America has achieved herd immunity against his Big Lie. Unfortunately, you cannot kill an idea, even an untrue one; you have to learn to live with it. More

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      in US Politics

      Facebook ruling on Trump renews criticism of oversight board

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      Facebook’s oversight board on Wednesday ruled that Donald Trump’s Facebook account should not be reinstated. But it stopped short of making a final decision, saying Facebook itself must decide what to do with the former president’s account. The move has deepened questions over the oversight board’s effectiveness.Trump has been exiled from the platform since January over posts in which he appeared to encourage the rioters who stormed the US Capitol. Trump petitioned Facebook to reinstate his account, and the social media giant punted a decision on his fate to the oversight board, which has now punted the decision right back to Facebook.The ruling announced on Wednesday was watched closely by tech critics and advocates, marking one of the first times such a large tech platform has publicly made a crucial, public decision regarding who gets to use its platform to speak.Activists who had discouraged Facebook from allowing the return of the president say the announcement underscores failures of the oversight board, a regulatory group that was formed in 2020 to make decisions independent of Facebook’s corporate leadership. “Instead of addressing the core problems in its platform, [Facebook] exploited this fragile moment in our society in order to sell us the fiction of this oversight group,” said Angelo Carusone, president and CEO of Media Matters for America. “Don’t buy it. Now, they’re kicking the can down the road again.“Unless Facebook permanently bans Trump immediately, we will be having this same dramatic sideshow in six months from now,” he added.Activists have said Facebook has a responsibility to ban Trump, whose activity on the platform – from lies about the election to calls for violence against peaceful protesters – they say is dangerous to democracy. In addition to the Capitol riot posts that led to the ban, Trump made hundreds of false statements about Covid-19 and other issues, analyses show.In an analysis of Donald Trump’s posts between 1 January 2020, and 6 January 2021 when he was banned from the platform, the non-profit advocacy group Media Matters for America found that Trump pushed misinformation about Covid-19 and election fraud or violent rhetoric attacking his critics in more than 1,400 separate posts – more than a quarter of his total posts during that period.The scale of Trump’s coronavirus misinformation makes the decision to remove him particularly important at this moment in the pandemic, said Jessica J González, the co-chief executive officer of the non-profit anti-hate speech organization Free Press.“Given Trump’s history of spreading pandemic disinformation, it’s particularly crucial to deny him a megaphone at a time when we’re still struggling to contain the virus and increase vaccinations.”The oversight board includes high-profile members, such as the former Danish prime minister Helle Thorning-Schmidt, the Columbia law professor Jamal Greene and the former Guardian editor Alan Rusbridger.The Real Oversight Board, a group of activists formed as a critique of Facebook’s oversight board, said members of Facebook’s board should step down from the group “for their own dignity”.“What is the point of the oversight board?” the activist group said. “This is a Facebook-funded, Facebook-appointed body that has no legitimacy to make real decisions. Facebook’s attempt to divert attention from its fundamental failure to take responsibility for what’s on its own platform has itself failed.”The oversight board before Wednesday’s decision had made a handful of smaller, less high-profile choices. Facebook has repeatedly said it allows posts from influential users like politicians to remain online even if they violate policy because of their newsworthiness. But the oversight board said Facebook should “publicly explain the rules that it uses when it imposes account-level sanctions against influential users”.“Heads of state and other high officials of government can have a greater power to cause harm than other people,” the board said in its explanation of the decision. “If a head of state or high government official has repeatedly posted messages that pose a risk of harm under international human rights norms, Facebook should suspend the account for a period sufficient to protect against imminent harm. Suspension periods should be long enough to deter misconduct and may, in appropriate cases, include account or page deletion.”Activists have pointed out other platforms, including Twitter and Snapchat, banned the former president outright without taking such pains to explain themselves. González said that the oversight board’s decision announced on Wednesday does not address many of the issues activists have brought up regarding hate speech and misinformation on Facebook.“Mark Zuckerberg designed the oversight board to deflect attention from the structural rot at the heart of Facebook’s hate-and-lie-for-profit business model,” she said. “Facebook’s content moderation efforts are dysfunctional by design. The tech giant earns revenues by engaging people in hate.”González added that what is truly needed to rein in Facebook’s issues with hate speech is action from legislators – a measure that seems inevitable as executives have faced a record number of hearings in Congress over the past year.“Until national and global institutions rein in Facebook, the company will continue to profit from spreading inflammatory political rhetoric and disinformation that target communities confronting oppression across the country and around the world,” González said. More

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      in Elections

      Apple and Parler agreement could restore rightwing platform to App Store

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      Apple said it had reached an agreement with Parler, the rightwing social media app, that could lead to its reinstatement in the company’s app store. Apple kicked out Parler in January over ties to the deadly 6 January siege on the US Capitol.In a letter to two Republican lawmakers in Congress, Apple said it has been in “substantial conversations” with Parler over how the company plans to moderate content on its network. Before its removal from the App Store, Parler was a hotbed of hate speech, Nazi imagery, calls for violence (including violence against specific people) and conspiracy theories.Apple declined to comment beyond the letter, which didn’t provide details on how Parler plans to moderate such content. In the letter, Apple said Parler’s proposed changes would lead to approval of the app.Parler did not immediately respond to a message for comment. As of midday Monday, Parler was not yet available in the App Store and Apple did not give a timeline for when it would be reinstated. According to Apple’s letter, Parler proposed changes to its app and how it moderates content. Apple said the updated app incorporating those changes should be available as soon as Parler releases it.Google also banned Parler from its Google Play store in January, but Parler remains available for Android phones through third-party app stores. Apple’s closed app system means apps are only available through Apple’s own App Store. On Monday, Google reiterated its January statement that “Parler is welcome back in the Play store once it submits an app that complies with our policies”.So far, this has not happened.Parler remains banned from Amazon Web Services. Amazon said in January that Parler was unable to moderate a rise in violent content before, during and after the insurrection. Parler asked a federal judge in Seattle to force Amazon to reinstate it on the web. That effort failed, and the companies are still fighting in court.The Republican political donor Rebekah Mercer has confirmed she helped bankroll Parler and has emerged in recent months as the network’s shadow executive after its founder John Matze was ousted as CEO in February. More