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Tag: Facebook

  • A Lawsuit Argues Meta Is Required by Law to Let You Control Your Own Feed

    A Lawsuit Argues Meta Is Required by Law to Let You Control Your Own Feed

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    A lawsuit filed Wednesday against Meta argues that US law requires the company to let people use unofficial add-ons to gain more control over their social feeds.

    It’s the latest in a series of disputes in which the company has tussled with researchers and developers over tools that give users extra privacy options or that collect research data. It could clear the way for researchers to release add-ons that aid research into how the algorithms on social platforms affect their users, and it could give people more control over the algorithms that shape their lives.

    The suit was filed by the Knight First Amendment Institute at Columbia University on behalf of researcher Ethan Zuckerman, an associate professor at the University of Massachusetts—Amherst. It attempts to take a federal law that has generally shielded social networks and use it as a tool forcing transparency.

    Section 230 of the Communications Decency Act is best known for allowing social media companies to evade legal liability for content on their platforms. Zuckerman’s suit argues that one of its subsections gives users the right to control how they access the internet, and the tools they use to do so.

    “Section 230 (c) (2) (b) is quite explicit about libraries, parents, and others having the ability to control obscene or other unwanted content on the internet,” says Zuckerman. “I actually think that anticipates having control over a social network like Facebook, having this ability to sort of say, ‘We want to be able to opt out of the algorithm.’”

    Zuckerman’s suit is aimed at preventing Facebook from blocking a new browser extension for Facebook that he is working on called Unfollow Everything 2.0. It would allow users to easily “unfollow” friends, groups, and pages on the service, meaning that updates from them no longer appear in the user’s newsfeed.

    Zuckerman says that this would provide users the power to tune or effectively disable Facebook’s engagement-driven feed. Users can technically do this without the tool, but only by unfollowing each friend, group, and page individually.

    There’s good reason to think Meta might make changes to Facebook to block Zuckerman’s tool after it is released. He says he won’t launch it without a ruling on his suit. In 2020, the company argued that the browser Friendly, which had let users search and reorder their Facebook news feeds as well as block ads and trackers, violated its terms of service and the Computer Fraud and Abuse Act. In 2021, Meta permanently banned Louis Barclay, a British developer who had created a tool called Unfollow Everything, which Zuckerman’s add-on is named after.

    “I still remember the feeling of unfollowing everything for the first time. It was near-miraculous. I had lost nothing, since I could still see my favorite friends and groups by going to them directly,” Barclay wrote for Slate at the time. “But I had gained a staggering amount of control. I was no longer tempted to scroll down an infinite feed of content. The time I spent on Facebook decreased dramatically.”

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    Vittoria Elliott

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  • TikTok Divest-or-Ban Bill Passes in the Senate

    TikTok Divest-or-Ban Bill Passes in the Senate

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    The U.S. Senate passed the TikTok bill on Tuesday evening in a vote of 79-18. The bill, which bans TikTok unless Bytedance sells it to a U.S. owner, flew through Congress this week as part of a broader package to provide $90 billion in foreign aid to Ukraine, Israel, and Taiwan. President Joe Biden said in a statement following the Senate vote that he would sign the package as soon as Wednesday, clearing the last hurdle before the TikTok divest-or-ban bill becomes law.

    “We’ve learned in recent years that democracy is a fragile and precious thing,” said Senate Majority Leader Chuck Schumer on the Senate floor Tuesday. “It will not survive the threats of this century – the new threats – if we aren’t willing to do what it takes to defend it.”

    TikTok is prepared to wage a legal battle against the U.S. government over the so-called ban, Bloomberg reported on Sunday. The social media company claims the so-called TikTok ban is “a clear violation” of the First Amendment rights of TikTok’s 170 million American users. A court case of this kind is unprecedented and could go up to the Supreme Court.

    TikTok did not immediately respond to Gizmodo’s request for comment.

    The “Protecting Americans from Foreign Adversary Controlled Applications Act,” also known as the TikTok bill, grants the White House new privileges to crack down on apps it determines to be a national security threat. The bill gives U.S. presidents the power to label apps as “foreign adversary-controlled applications” and force them to be sold to a U.S. owner within 270 days, though Biden can extend this to 360 days (a previous version only provided 180 days). If no sale occurs, the apps will be banned from app stores and blocked by internet service providers in the United States.

    TikTok has long denied that it shares any data with the Chinese government. However, Senators received classified briefings on TikTok from national security officials in March, which reportedly revealed the app’s “shocking” spy capabilities. Senators told Axios that TikTok could be used to tap the microphone on users’ devices, and even determine what users are doing on other apps. That said, none of this evidence has been made public

    A previous version of this bill swiftly passed through the House in March but stalled in the Senate for more than a month. By tying the TikTok bill to a crucial foreign aid package, lawmakers were able to nearly ensure it would be taken up by the Senate.

    One concern tech lawyers have raised about the TikTok bill is that it could ban apps other than TikTok. The bill features vague definitions of what constitutes “foreign adversary-controlled applications,” and gives the president a near unchecked power to make such a categorization.

    As President Biden seems poised to sign the TikTok bill into law, former President Donald Trump has flipped his stance on the social media app. Trump now supports TikTok’s existence, posting on Truth Social Monday that “Joe Biden is responsible for banning TikTok.” Trump was the first to attempt a TikTok ban in 2020 when he signed an executive order that was later rejected by a federal court.

    Trump’s reversal, which seems contradictory, is likely to curry favor with younger voters. Despite the overwhelming support in Congress, a U.S. TikTok ban is not popular with voters. Just 38% of U.S. adults say they would support a TikTok ban, according to the Pew Research Center. If Biden signs the TikTok bill, he’ll appear strong against China, but could potentially lose important swing voters.

    TikTok says this bill would “trample” free speech in America, an increasingly popular claim among social media apps. Elon Musk’s X and Trump’s Truth Social make similar First Amendment arguments for their app’s controversial content. Meanwhile, Mark Zuckerberg’s Meta is going in the other direction. Facebook, Threads, and Instagram how vowed not to prioritize news on their social media sites, making duller apps in exchange for less controversy.

    TikTok has fought tooth and nail to avoid a U.S. ban under Bytedance’s ownership. The app sent push notifications to millions of American users asking them to call their local congress member. Lawmakers’ offices were flooded with phone calls later that day. TikTok and Bytedance also reportedly spent over $7 million lobbying in Congress this year to fight the potential ban. Those attempts were unsuccessful, so now TikTok is poised to take this battle to court.

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    Maxwell Zeff

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  • Atrium Health shared patient data with Facebook, class-action lawsuit alleges

    Atrium Health shared patient data with Facebook, class-action lawsuit alleges

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    A federal lawsuit filed Wednesday against Atrium Health alleges that the hospital network allowed Facebook to get patient information to use for targeted ads.

    A federal lawsuit filed Wednesday against Atrium Health alleges that the hospital network allowed Facebook to get patient information to use for targeted ads.

    Kaiser Health News

    A class-action lawsuit filed in North Carolina accuses Atrium Health of allowing Facebook and Google to access patient information online to use in targeted ads.

    The plaintiffs, identified only as North Carolina-resident J.S. and Michigan-citizen J.R., allege they received spam mail and Facebook ads related to their medical conditions after sharing information with Atrium.

    Facebook’s Meta Pixel, a free piece of code that can be installed on websites, intercepted private information on Atrium’s website in violation of federal law, the lawsuit alleges. It was filed Wednesday in the U.S. District Court for the Western District of North Carolina.

    Atrium is a Charlotte-based healthcare organization with seven emergency departments, 40 hospitals, and 1,400 other care locations across North Carolina, South Carolina, Georgia and Alabama, according to its website. It sees about 34,000 patients a day, the lawsuit says. It is part of Advocate Health, the third-largest nonprofit health system in the United States.

    Screenshots filed with the federal lawsuit show how Pixel collected information by following the plaintiffs’ searches for pulmonology, neurology, radiology and emergency departments, as well as COVID testing locations and alcohol-rehab centers. The plaintiffs allege they first discovered misconduct in June 2022.

    U.S. District Court for the Western District of North Carolina

    J.R. — an Atrium patient of nearly 20 years — alleges that Facebook and other social media started to push medication and prescription ads into her feed after she submitted “protected health information,” including specific symptoms and treatments, to Atrium.

    Pixel followed search activity on Atrium’s website before patients logged in to their portal, the lawsuit alleges.

    “The full scope of [Atrium’s] interceptions and disclosures of … communications to Meta can only be determined through formal discovery,” says the new lawsuit.

    A screenshot filed in a federal lawsuit shows how Atrium Health allowed Facebook to get patient information to use for targeted ads.
    A screenshot filed in a federal lawsuit shows how Atrium Health allowed Facebook to get patient information to use for targeted ads. U.S. District Court for the Western District of North Carolina

    The lawsuit indicates Atrium removed Pixel “following a wave of negative press and litigation against other healthcare companies for the same unlawful activities.”

    A 2022 investigation by nonprofit newsroom The Markup named North Carolina’s Atrium Health Carolinas Medical Center, Duke University Hospital, Novant Health and WakeMed. The Markup found that 33 of the top 100 hospitals in America use the Meta Pixel.

    Also in 2022, Meta was sued in the Northern District of California after a Facebook user began receiving targeted ads for heart and knee conditions she entered in her private patient portal at the University of California, San Francisco Medical Center.

    Atrium’s actions, according to the lawsuit, violated those patients’ expectations of privacy and constituted “criminal conduct.”

    Atrium Health did not immediately respond to a request for comment.

    Julia Coin covers local and statewide topics — including destructive fires, illegal gambling and the pervasiveness of drugs in schools — as The Charlotte Observer’s breaking news and courts reporter. Michigan-born and Florida-raised, she studied journalism at the University of Florida, where she covered statewide legislation, sexual assault on campus and Hurricane Ian’s destruction.
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  • Welcome to the Age of Technofeudalism

    Welcome to the Age of Technofeudalism

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    The tech giants have overthrown capitalism. That’s the argument of former Greek finance minister Yanis Varoufakis, who became famous trying to defend debt-laden Greece from its German creditors. Varoufakis has never quite regained the notoriety of 2015. But he has remained a prominent left-wing voice. After a failed campaign for a seat in the European Parliament in 2019, he plans to run again this June. This time, his adversary isn’t Berlin or the banks. It’s the tech companies he accuses of warping the economy while turning people against one other.

    Courtesy of Penguin Random House

    Varoufakis is also a prolific author; his 17th book, written as a letter to his techno-curious father, chronicles the evolution of capitalism from the 1960s advertising boom, through Wall Street in the 1980s, to the 2008 financial crisis and the pandemic. In its most compelling stretches, Technofeudalism argues that Apple, Facebook, and Amazon have changed the economy so much that it now resembles Europe’s medieval feudal system. The tech giants are the lords, while everyone else is a peasant, working their land for not much in return.

    To Varoufakis, every time you post on X, formerly Twitter, you’re essentially toiling Elon Musk’s estate like a medieval serf. Musk doesn’t pay you. But your free labor pays him, in a sense, by increasing the value of his company. On X, the more active users there are, the more people can be shown advertising or sold subscriptions. On Google Maps, he argues, users improve the product—alerting the system to traffic jams on their route.

    The feudal comparison isn’t novel. But Technofeudalism attempts to introduce the idea to a wider audience. Its US release, launched the month before regulators in the US and European Union simultaneously initiated antitrust actions against Apple, also had impeccable timing.

    Over Zoom, I spoke to Varoufakis, from his home near Athens, about how the tech giants have changed the economy—and why we should care about it.

    This interview has been edited for length and clarity.

    WIRED: That word, technofeudalism, what does it mean? How is the feudal system relevant here?

    Yanis Varoufakis: Profit drives capitalism, rent drove feudalism. Now we have moved [from one system to the other] because of this new form of super-duper, all-singing, all-dancing capital: cloud capital, algorithmic capital. If I’m right, that is creating new digital fiefdoms like Amazon.com, like Airbnb, where the main mode of wealth extraction comes in the form not of profit but of rent.

    Take the Apple Store. You are producing an app, Apple can withhold 30 percent of your profits [through a commission fee]. That’s a rent. That’s like a ground rent. It’s a bit like the Apple Store is a fiefdom. It’s a cloud fiefdom, and Apple extracts a rent exactly as in feudalism. So my argument is not that we went back from capitalism to feudalism. My argument is that we have progressed forward to a new system, which has many of the characteristics of feudalism, but it is one step ahead of capitalism. To signal that, I added the word techno.

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    Morgan Meaker

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  • Newspaper Criticizes Meta, Gets Temporary Block on Facebook | Entrepreneur

    Newspaper Criticizes Meta, Gets Temporary Block on Facebook | Entrepreneur

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    Meta blocked all posts from The Kansas Reflector on Thursday after the nonprofit newspaper called out Facebook, which Meta owns, and other forms of social media in an article.

    The article, titled “When Facebook fails, local media matters even more for our planet’s future,” directly calls out Meta and Facebook for suppressing posts related to climate change and highlights the role of local media in stepping up to the plate.

    “We are getting along OK without the promotional help of Facebook, but it does seem problematic that a behemoth such as Meta can dictate the terms of our communications,” documentary producer Dave Kendall wrote in the opinion piece.

    Related: Mark Zuckerberg Told Meta Engineers to ‘Figure Out’ Snapchat’s Privacy Protections

    According to a Friday article from The Reflector, Facebook stopped the publication from sharing Kendall’s opinion piece on Thursday and then removed all links to the outlet on its platform.

    Andy Stone, communications director at Meta, apologized for the mistake on Thursday and said that the error “had nothing to do with the Reflector’s recent criticism of Meta.” He stated that the mistake had been corrected.

    On Friday, Facebook had brought back all the posts that linked to the Kansas Reflector‘s stories — except for anything that linked to Kendall’s article, which was still down for a period of time.

    By Friday night, the issue had been completely resolved and users were able to link to and view Kendall’s article.

    Related: Meta Is Suing a Former VP Who Left the Company for a Competing AI Startup

    Independent journalist Marisa Kabas reposted the Kansas Reflector’s column on Friday “in an attempt to sidestep Meta’s censorship” and said that the damage had already been done: the articles had already been flagged as malicious.

    “That’s a big problem because that undermines our trust,” Kabas told CNN Business.

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    Sherin Shibu

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  • Meta to adjust AI policies on content after board said they were

    Meta to adjust AI policies on content after board said they were

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    Meta will adjust its policies on manipulated and A.I.-generated content to begin to label ahead of the fall elections, after an independent body overseeing the company’s content moderation found that previous policies were “incoherent and confusing,” and said they should be “reconsidered.”

    The changes stem from the Meta Oversight Board’s recomendations earlier this year issued in its review of a highly edited video of President Biden that appeared on Facebook. The video had been manipulated to make it appear as if Mr. Biden was repeatedly inappropriately touching his adult granddaughter’s chest.

    In the original video, taken in 2022, the president places an “I voted” sticker on his granddaughter after voting in the midterm elections. But the video under review by Meta’s Oversight Board was looped and edited into a seven-second clip that critics said left a misleading impression.

    The Oversight Board said that the video did not violate Meta’s policies because it had not been manipulated with artificial intelligence (AI) and did not show Mr. Biden “saying words he did not say” or “doing something he did not do.”

    But the board added that the company’s current policy on the issue was “incoherent, lacking in persuasive justification and inappropriately focused on how content is created, rather than on which specific harms it aims to prevent, such as disrupting electoral processes.” 

    In a blog post published on Friday, Meta’s Vice President of Content Policy Monika Bickert wrote that the company would begin to start labeling AI-generated content starting in May and will adjust its policies to label manipulated media with “informational labels and context,” instead of removing video based on whether or not the post violates Meta’s community standards, which include bans on voter interference, bullying and harassment or violence and incitement.

    “The labels will cover a broader range of content in addition to the manipulated content that the Oversight Board recommended labeling,” Bickert wrote. “If we determine that digitally-created or altered images, video or audio create a particularly high risk of materially deceiving the public on a matter of importance, we may add a more prominent label so people have more information and context.”

    Meta conceded that the Oversight Board’s assessment of the social media giant’s approach to manipulated videos had been “too narrow” because it only covered those “that are created or altered by AI to make a person appear to say something they didn’t say.”

    Bickert said that the company’s policy was written in 2020, “when realistic AI-generated content was rare and the overarching concern was about videos.” She noted that AI technology has evolved to the point where “people have developed other kinds of realistic AI-generated content like audio and photos,” and she agreed with the board that it’s “important to address manipulation that shows a person doing something they didn’t do.”

    “We welcome these commitments which represent significant changes in how Meta treats manipulated content,” the Oversight Board wrote on X in response to the policy announcement.

    This decision comes as AI and other editing tools make it easier than ever for users to alter or fabricate realistic-seeming video and audio clips. Ahead of the New Hampshire presidential primary in January, a fake robocall impersonating President Biden encouraged Democrats not to vote, raising concerns about misinformation and voter suppression going into November’s general election.AI-generated content about former President Trump and Mr. Biden continues to be spread online.

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  • Facebook’s Oculus acquisition turns 10 | TechCrunch

    Facebook’s Oculus acquisition turns 10 | TechCrunch

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    Every year, Time Magazine issues a list of the 200 best inventions of the past 12 months. Frankly, I don’t know how the editors do it. The dirty secret of this job is that true, game-changing inventions rarely cross your desk. In fact, you’re extraordinarily lucky if you average one a year.

    Oculus’ Rift prototype felt like just such a device when it first crossed my radar more than a decade ago. More than anything, the system resembled a hastily duct taped ski mask. It was a remarkable presentation, in hindsight – an all too rare glimpse into a plucky entrepreneurial tech spirit. It evokes a flood of romanticized images of Homebrew Computer Club nerds soldering together circuit boards in South Bay garages.

    A decade has now passed since Meta (née Facebook) announced plans to acquire the startup for $2 billion. A decade after the deal was announced, it’s safe to say that the VR headset hasn’t changed the world we live in. But there’s always that little-discussed middle ground between transforming the human condition and just an abject dumpster fire of failure. So, where, as April 2024, does the Facebook/Oculus deal rank?

    “Immersive gaming will be the first, and Oculus already has big plans here that won’t be changing and we hope to accelerate,” Mark Zuckerberg wrote at the time. “After games, we’re going to make Oculus a platform for many other experiences. Imagine enjoying a court side seat at a game, studying in a classroom of students and teachers all over the world or consulting with a doctor face-to-face — just by putting on goggles in your home.”

    Image Credits: David Fitzgerald/Sportsfile / Getty Images

    Facebook’s founder referred to the Oculus Rift as a “new communication platform,” comparing it to computers, the internet and smartphones before it. He suggested that the “dream of science fiction” was now a reality – one that Facebook had suddenly cornered. It’s hard to overstate how transformative Zuckerberg believed the technology to be. It was, after all, the gateway to the metaverse.

    Should anyone doubt the company’s commitment to the concept, it rebranded itself as “Meta”, killing off the Oculus brand the same afternoon. Surely social media platforms wouldn’t dominate online discourse forever. They would eventually give way to something wholly new. In spite of the $500 billion rebrand, Zuckerberg and co. never did a particularly good job defining the metaverse. They simply insisted that it was an exciting thing that you should be excited about.

    Mark Zuckerberg avatar

    Image Credits: Facebook

    I suspect that – were you to perform a blind poll – the majority of people who are familiar with the term would describe something like Second Life (which has to be on its fifth or sixth life by now). Marc Zuckerberg is probably as guilty as any single person for perpetuating that perception, happily working his hardest to make the company’s Horizon Worlds platform synonymous with conceptions of the metaverse. Remember what a big deal it was when it finally got legs?

    So where are we now? It’s complicated, obviously. From a purely financial standpoint (the only language shareholders speak), things are bleak. Between the end of 2020 and the first quarter of 2024, the company’s metaverse division lost $42 billion. That’s roughly 21x the price it paid for Oculus, not adjusting for inflation. That’s a little over one-fourth a Zuckerberg (not adjusted for inflation – i.e. BJJ-related bulking).

    Why is Meta hemorrhaging that much money? The simple and cynical answer is, because it can. The corporation made $134 billion in revenue and $39.1 billion in net income last year. That’s not to say that having a division that’s $42 billion in the red over four years doesn’t impact its bottom line, of course. But Facebook believes it’s playing the long game here.

    Meta Quest 3 and Apple Vision Pro headsets

    Image Credits: Brian Heater

    It’s widely believed that Meta sells its Quest headsets at a loss. This is despite the fact that the company has easily the best manufacturing scale in the industry. It doesn’t take an MBA to understand that this is a terrible short-term strategy, but Meta believes it’s playing the long game. The end game is getting enough of these devices into people’s hands to reach a critical mass of adoption, word of mouth and developer content. If you can’t do that while turning a profit, well, you gotta spend money to make money, right?

    It continues to be a massive bet. How long the company is willing to play the long game here, however, largely comes down to how much patience Meta’s shareholders have. If Facebook can truly saturate the market and corner content, it will be better positioned to capitalize on mixed reality’s hypothetical exponential growth.

    It’s already had the impact of edging the competition out of the market and generally sucked the air out of the room. As an HTC Vive exec told me back in February at MWC, “I think Meta has adjusted the market perception of what this technology should cost.” Other companies can’t compete on price and content in the customer space, so the savviest of the bunch have moved over to enterprise, where clients have much deeper pockets.

    If you judge the company’s journey in terms of market share, it’s been a wild and unprecedented success. According to IDC, Meta had a 50.2% share as of Q2 2023. Of course, we’re not talking about smartphone figures here. As of early 2023, Meta was estimated to have sold 20 million headsets. At the end of the year, the Quest 2 was still outselling the Quest 3. One part of the Meta thesis has absolutely played out: people are looking for an inexpensive on-ramp to the technology.

    Image Credits: Brian Heater

    When Apple announced the Vision Pro at WWDC 2024, I received a flood of unsolicited comments from VR headset manufacturers all stating they saw the iPhone maker’s headset as validation for the space. You can cynically (and correctly) point out that everyone says some version of that when Apple enters their vertical, and many of them don’t make it out the other side in one piece.

    But I concur that Apple throwing its hat in the ring after decades of failed VR attempts does constitute validation. That’s absolutely the case for Meta. Zuckerberg happily used the opportunity to point out that his headsets were 1. Significantly less expensive and 2. didn’t require an external battery. Meta also had a large head start in terms of VR specific content. He also, naturally, insisted that his product was vastly superior in spite of the signifantly lower price point.

    “It seems like there are a lot of people who just assumed that Vision Pro would be higher quality because it’s Apple and it costs $3,000 more,” he noted in February, “but honestly, I’m pretty surprised that Quest is so much better for the vast majority of things that people use these headsets for, with that price differential.”

    Sorry, Zuck, the Vision Pro is the more impressive piece of technology. Whether it’s $3,000 more impressive is a different conversation. What I can tell you right now is that the pricing gulf puts these products into different categories. Apple is targeting business customers at that price point, while Meta is far more committed to democratizing access by – again – losing money on a per-unit basis.

    It’s still early days for Vision Pro – and, really, mixed reality in general. If it ever does truly become ubiquitous, it will be the result of countless hard-fought battles. As we mark a decade since the Oculus acquisition, I find myself returning to the above Zuckerberg comment, “Imagine enjoying a courtside seat at a game, studying in a classroom of students and teachers all over the world or consulting with a doctor face-to-face — just by putting on goggles in your home.”

    Re-reading this from the vantage point of 2024, it strikes me that he was right about the content, but not necessarily the delivery mechanism. The past four years have dramatically impacted how we interact with each other, the world and day-to-day activities. The pandemic destigmatized so many virtual activities. But for the time being, no headsets are required.

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    Brian Heater

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  • US Navy Veteran Who Feds Say Rammed FBI Headquarters Had QAnon-Linked Online Presence

    US Navy Veteran Who Feds Say Rammed FBI Headquarters Had QAnon-Linked Online Presence

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    A former Navy submarine technician was arrested after law enforcement says he drove an SUV into the FBI headquarters near Atlanta on Monday afternoon. It is still unclear why the suspect, Ervin Lee Bolling, attempted to force entry into the headquarters, but research conducted by the nonpartisan public-interest nonprofit Advance Democracy and shared exclusively with WIRED has found that accounts believed to be associated with Bolling shared numerous conspiracy theories on social media platforms, including X and Facebook.

    Just after noon on Monday, Bolling rammed his burnt-orange SUV with South Carolina license plates into the final barrier at FBI Atlanta’s headquarters, wrote Matthew Upshaw, an FBI agent assigned to the Atlanta office, in a sworn affidavit on Tuesday. Upshaw added that after Bolling crashed the SUV, he left the car and tried to follow an FBI employee into the secure parking lot. When agents instructed Bolling to sit on a curb, he refused and tried again to enter the premises. The affidavit also stated that Bolling resisted arrest when agents subsequently tried to detain him.

    Bolling was charged on Tuesday with destruction of government property, according to court records reviewed by WIRED.

    Advance Democracy researchers identified an account on X with the handle @alohatiger11, a reference to the Clemson University mascot which Bolling has expressed support for on his public Facebook page. The handle is similar to usernames on other platforms like Telegram and Cash App, and also bears similarities to a Facebook page with Bolling’s name. The profile picture used in the X account also resembles a picture of the same man shown in Bolling’s public Facebook profile. The X account is currently set to private, but dozens of its old posts are still publicly viewable through the Internet Archive.

    In December 2020, the X account responded to a post about a federal government stimulus bill that stated, “Wonder what it will take for people to wake up.” The X account believed to be associated with Bolling responded, “I’m awake. Just looking for a good militia to join.”

    Around the same time, social media accounts seemingly associated with Bolling repeatedly boosted QAnon content and interacted with QAnon promoters, including by posting a link to a now-deleted QAnon-associated YouTube channel alongside the comment: “Release the Kraken”—in direct reference to Sidney Powell’s failed legal efforts to overturn the 2020 election results in Georgia.

    On what’s believed to be Bolling’s Facebook account, there were various posts related to anti-vaccine memes as well.

    The accounts also posted in support of former president Donald Trump. In December 2020, “I love you” was posted in response to a post on X from Trump that falsely claimed the election had been rigged by Democrats.

    Courtney Bolling, who is identified as the suspect’s wife on Facebook, did not respond to requests for comment via phone or messages sent to her social media profiles. No legal counsel is listed on record for Bolling.

    It is so far unclear how Bolling came to espouse these beliefs, but far-right groups and extremists have for decades used social media platforms as a way of spreading conspiracies and radicalizing new members. In recent years there have been numerous examples of far-right groups making online claims or threats that have been quickly followed by real-world violence.

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    David Gilbert

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  • Christopher Yoo on Regulating Social Media Platforms as “Common Carriers”

    Christopher Yoo on Regulating Social Media Platforms as “Common Carriers”

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    Blocked Facebook page
    (Rafael Henrique | Dreamstime.com)

     

    One of the main arguments advanced to justify the Florida and Texas social media laws challenged in NetChoice v. Paxton and Moody v. NetChoice, (cases currently before the Supreme Court) is the claim that social media firms are “common carriers.” Therefore, it is  argued, the states can enact laws barring them from using most types of content moderation, even if such restrictions would otherwise violate the First Amendment.

    University of Pennsylvania law Prof. Christopher Yoo recently published an article that is the most thorough takedown of the common carrier theory so far. Here is the abstract:

    Courts and legislatures have suggested that classifying social media as common carriers would make restrictions on their right to exclude users more constitutionally permissible under the First Amendment. A review of the relevant statutory definitions reveals that the statutes provide no support for classifying social media as common carriers. Moreover, the fact that a legislature may apply a label to a particular actor plays no significant role in the constitutional analysis. A further review of the elements of the common law definition of common carrier demonstrates that four of the purported criteria (whether the industry is affected with a public interest, whether the social media companies possess monopoly power, whether they are involved in the transportation and communication industries, and whether social media companies received compensating benefits) do not apply to social media and do not affect the application of the First Amendment. The only legitimate common law basis (whether an actor holds itself out as serving all members of the public without engaging in individualized bargaining) would again seem inapplicable to social media and have little bearing on the First Amendment. The weakness of these arguments suggests that advocates for limiting social media’s freedom to decide which voices to carry are attempting to gain some vague benefit from associating their efforts with common carriage’s supposed historical pedigree to avoid having to undertake the case-specific analysis demanded by the First Amendment’s established principles.

    I agree with almost all of Yoo’s analysis. In particular, I think he is right that social media firms don’t fit any of the traditional rationales for common carrier status, and that states cannot simply create such status by legislative fiat (or at least, if they do, it cannot override constitutional constraints on their regulatory authority).

    I offered some related critiques of the common-carrier rationale for social media regulation here:

    The standard rationale for common carrier regulation is that the the firms in question have some kind of monopoly power. A classic example is a situation where there is only one railroad available to move freight from Point A to Point B, in an era where the only alternative modes of transportation (e.g.—horse-drawn wagons) were vastly slower and less efficient. It is often argued that “Big Tech” social media have some sort of monopoly over the distribution of political information, especially online.

    The reality is very much otherwise. Recent survey data compiled by the Pew Research Foundation finds that many more Americans get news by means other than social media than use the latter. For example, 68% of Americans indicated they regularly get news from media websites and apps, 68% from television, and only 53% from social media sites. Among the overwhelming majority (about 96% of the total sample) who use more than one type of media to get news,  35% preferred TV, 26% preferred news websites and apps, and only 11% said they preferred social media. The same study also found that, on average, Americans trust news from social media sources less than that from television and news websites.

    What is true of news is also true of opinion and commentary about political and social issues in the news. Most TV news channels, media websites, and other similar information sources carry extensive commentary and opinion pieces. And, of course, they routinely print and broadcast statements by politicians, activists, and other public figures.

    To the extent we are specifically concerned with access for conservative viewpoints, there are large right of center players in both TV media and online news and opinion. These include such major outlets as Fox News, the Wall Street Journal editorial page, the Washington Times, the New York Post, and others….

    Other rationales for imposing common carrier rules on social media firms are even weaker than the monopoly theory. For example, Eugene Volokh and others cite analogies to telephone lines or mail carriers. Most people wouldn’t want phone companies to bar calls by those whose ideologies they disapprove of.

    But such analogies are misplaced. With rare exceptions, phone calls and letters only reach a small, specifically intended audience….. By contrast, the whole point of most political discourse on social media is the ability to reach a large audience all at once. But an information product that reaches a large audience simultaneously usually works better if it has at least some moderation rules, and other constraints that enable consumers to find the material they want, while avoiding harassment, offense, and other things that make the experience annoying, unpleasant, or simply a waste of time.

    For that reason, moderation rules and content restrictions are crucial for social media, in a way that is rarely, if ever, true for phone lines or mail delivery services….

    [E]ven if social media platforms sometimes adopt flawed rules, the fact remains that such rules are often a valuable part of the product they provide. And it is far better for the quality… of such rules to be determined by competition in the market than by one-size-fits-all government mandates—or by a common carrier mandate imposing a near-total ban on such rules….

    Perhaps the problem is not that social media giants monopolize any audience in some economic sense, but that they have too much influence over political discourse relative to some egalitarian baseline. Why should Mark Zuckerberg’s views have any more clout than those of the average American? But we can make exactly the same argument for the owners and editors of Fox News, the New York Times, and any other outlet with a large audience. They too have vastly more influence over public discourse than the average American does….

    Giving government a free hand to impose common carrier restrictions on any website or media outlet that “monopolizes” a particular audience or otherwise has “too much” influence is a power that can and will be abused. Call it “common carrier creep!”

     

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    Ilya Somin

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  • ‘Dungeon’ in the ‘middle of nowhere?’ Check out this North Carolina castle for sale

    ‘Dungeon’ in the ‘middle of nowhere?’ Check out this North Carolina castle for sale

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    Exterior of the castle

    Exterior of the castle

    Screen grab from Realtor

    A house that resembles a tiny Winterfell has landed on the real estate market somewhere way outside of Westeros … in Murphy, North Carolina.

    Exterior
    Exterior Screen grab from Realtor

    Presenting the “Castle of Joy,” a three-bedroom, 3.5-bathroom home that sits comfortably on 10 acres and is listed for $1.05 million. While the wild residence has a cornucopia of features to offer, two stand out in a very creative way — a private turret and a heart shaped Koi pond.

    Family room
    Family room Screen grab from Realtor

    “This estate’s got a friendly, medieval feel that’s been a hit for events far and wide. You’ll find little slices of heaven all over the place, like the heart-shaped pond where the Koi and Goldfish are practically part of the family and the toasty fire pit perfect for s’mores under the stars,” the listing on Realtor says. “And let’s not forget the magical barn that’s all kitted out in fairy lights your go-to spot for larger gatherings or imitate get-togethers.”

    Kitchen
    Kitchen Screen grab from Realtor

    The home is even ideal for (hopefully non red) weddings and numerous other events thanks to its abundance of space.

    Bedroom
    Bedroom Screen grab from Realtor

    “Plenty of space for guest parking or growth, we’re talking space for 50 guests and then some for the folks helping out. This is an income producing property and the management is up for sticking around to keep things running smooth.”

    Bathroom
    Bathroom Screen grab from Realtor

    The home was featured on Zillow Gone Wild, a popular social media page that showcases interesting houses up for sale, and fans were intrigued by the interior and the home’s features.

    Bedroom
    Bedroom Screen grab from Realtor

    “Love the drawbridge but needs lightening up,” someone posted on Facebook.

    Bedroom
    Bedroom Screen grab from Realtor

    “They should redo the kitchen and a few other things inside. It looks like ‘medievalish on a budget’. The outside is cool,” someone said.

    Hot tub
    Hot tub Screen grab from Realtor

    Perfect place to have a dungeon, in the middle of nowhere,”another posted on X (formerly Twitter.)

    The home does not actually have a dungeon, at least not yet, but it does feature a game room.

    Bedroom
    Bedroom Screen grab from Realtor

    I never knew I needed a hot tub turret, but now I wonder how I ever lived without one!” one person said on Instagram.

    Hallway
    Hallway Screen grab from Realtor

    Murphy is about a 110-mile drive southwest from Asheville.

    Grave
    Grave Screen grab from Realtor

    TJ Macías is a Real-Time national sports reporter for McClatchy based out of the Dallas/Fort Worth Metroplex. Formerly, TJ covered the Dallas Mavericks and Texas Rangers beat for numerous media outlets including 24/7 Sports and Mavs Maven (Sports Illustrated). Twitter: @TayloredSiren

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  • Trump’s social media company will start trading on Nasdaq with a market value of almost $6.8 billion

    Trump’s social media company will start trading on Nasdaq with a market value of almost $6.8 billion

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    NEW YORK (AP) — As Donald Trump’s social media company begins trading publicly Tuesday, would-be investors might ask themselves if the stock is too pricey and potentially too volatile.

    Trump Media & Technology Group Corp. was acquired Monday by a blank-check company called Digital World Acquisition Corp. Trump Media, which runs the social media platform Truth Social, now takes Digital World’s place on the Nasdaq stock exchange.

    Trump Media debuts with a stock price near $50 and a market value of about $6.8 billion, and will begin trading under the ticker symbol “DJT.” Many of Digital World’s investors were small-time investors either trying to support Trump or aiming to cash in on the mania, instead of big institutional and professional investors. Those shareholders helped the stock more than double this year in anticipation of the merger going through.

    They’re betting on a company that has yet to turn a profit. Trump Media lost $49 million in the first nine months of last year, when it brought in just $3.4 million in revenue and had to pay $37.7 million in interest expenses. In a recent regulatory filing, the company cited the high rate of failure for new social media platforms, as well as the company’s expectation that it will lose money on its operations “for the foreseeable future” as risks for investors.

    Truth Social launched in February 2022, one year after Trump was banned from major social platforms including Facebook and X, formerly Twitter, following the Jan. 6 insurrection at the U.S. Capitol. He’s since been reinstated to both but has stuck with Truth Social.

    On Monday, Trump appeared in court in New York at hearing for a criminal case involving hush money payments made to cover up claims of marital infidelity. Afterwards, Trump told reporters that “Truth Social is doing very well. It’s hot as a pistol and doing great.”

    However, Trump Media has yet to disclose Truth Social’s user numbers — although that should change now that the company is public. Research firm Similarweb estimates that Truth Social had roughly 5 million active mobile and web users in February. That’s far below TikTok’s more than 2 billion and Facebook’s 3 billion — but still higher than other “alt-tech” rivals like Parler, which has been offline for nearly a year but is planning a comeback, or Gettr, which had less than 2 million visitors in February.

    Besides competition in the social media field, Trump Media faces other risks — including to some degree Trump, who will have a nearly 60% ownership stake in the company.

    Trump Media, which is based in Palm Beach, Florida, said in a regulatory filing that it “is highly dependent on the popularity and presence of President Trump.” If the former president were to limit or discontinue his relationship with the company for any reason, including due to his campaign to regain the presidency, the company “would be significantly disadvantaged.”

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    The Associated Press

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  • Meta Kills a Crucial Transparency Tool At the Worst Possible Time

    Meta Kills a Crucial Transparency Tool At the Worst Possible Time

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    Earlier this month, Meta announced that it would be shutting down CrowdTangle, the social media monitoring and transparency tool that has allowed journalists and researchers to track the spread of mis- and disinformation. It will cease to function on August 14, 2024—just months before the US presidential election.

    Meta’s move is just the latest example of a tech company rolling back transparency and security measures as the world enters the biggest global election year in history. The company says it is replacing CrowdTangle with a new Content Library API, which will require researchers and nonprofits to apply for access to the company’s data. But the Mozilla Foundation and 140 other civil society organizations protested last week that the new offering lacks much of CrowdTangle’s functionality, asking the company to keep the original tool operating until January 2025.

    Meta spokesperson Andy Stone countered in posts on X that the groups’ claims “are just wrong,” saying the new Content Library will contain “more comprehensive data than CrowdTangle” and be made available to nonprofits, academics, and election integrity experts. But Meta did not respond to questions about why commercial newsrooms, like WIRED, are to be excluded.

    Brandon Silverman, cofounder and former CEO of CrowdTangle, who continued to work on the tool after Facebook acquired it in 2016, says it’s time to force platforms to open up their data to outsiders. The conversation has been edited for length and clarity.

    Vittoria Elliott: CrowdTangle has been incredibly important for journalists and researchers trying to hold tech companies accountable for the spread of mis- and disinformation. But it belongs to Meta. Could you talk a little bit about that tension?

    Brandon Silverman: I think there’s a bit too much of a public narrative that frustration with [New York Times columnist] Kevin Roose’ tweets is why they turned their back on CrowdTangle. I think the truth is that Facebook is moving out of news entirely.

    When CrowdTangle joined Facebook, they were all in on news and bought us to help the news industry. Fast forward three years later, they are like, “We’re done with that project.” There is a lot of responsibility that comes with hosting news on a platform, especially if you exist in essentially every community on Earth. I think that they made a calculus at some point that it just wasn’t worth what it would cost to do responsibly.

    My takeaway when I left was that if you want to do this work in a way that really serves civil society in the way we need it to, you can’t do it inside the companies—and Meta was doing more than almost anyone else. It’s abundantly clear that we need our regulators and elected officials to decide what we, as a society, want and expect from these platforms and to make those [demands] legally required.

    What would that look like?

    I think we’re at the very beginning of an entire ecosystem of better tools doing this work. The European Union’s sweeping Digital Services Act has a bunch of transparency requirements around data sharing. One of those they sometimes call the CrowdTangle provision—it requires qualifying platforms to provide real-time access to public data.

    Over a dozen platforms now have new programs that allow outside researchers to get access to real-time public content. Alibaba, TikTok, YouTube—which has been a black box forever—are now spinning up these programs. It’s been very quiet, because they don’t necessarily want a ton of people using them. In some cases companies add these programs to their terms of service but don’t make any public announcement.

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    Vittoria Elliott

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  • Is ‘coastal grandmother chic’ your new aesthetic? Peek inside SC home for sale to see

    Is ‘coastal grandmother chic’ your new aesthetic? Peek inside SC home for sale to see

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    Exterior of the stunning seaside home

    Exterior of the stunning seaside home

    Screen grab from Realtor

    It’s a style that was made famous by probably every Nancy Meyers movie on the face of the planet, a trend referred to as the “coastal grandmother” aesthetic. Think Diane Keaton rocking a white turtleneck and flowy, linen pants inside her East Coast beach house that’s filled with beige, neutral colors and a clean vibe.

    Exterior
    Exterior Screen grab from Realtor

    A beach house for sale on St. Helena Island, South Carolina, embodies that very style — and doubles down on it. It’s listed for $1 million.

    Dining area
    Dining area Screen grab from Realtor

    “Great vacation home and short-term rental; $150K in 2023; and $90K already on the books for 2024,” the listing says on Zillow.com. “Can be insured! Located in the Harbor Island Beach & Racquet Club with a pool, gym, and other amenities.”

    Family room
    Family room Screen grab from Realtor

    On the outside, the house has a playful build, with classic wrap around balconies set against the peach painted exterior. Being so close to the Atlantic, the four-bedroom, three-bathroom residence stands upright on stilts in an attempt to abrogate the ocean tide that comes in.

    Porch
    Porch Screen grab from Realtor

    Inside, light taupe, cream, and multiple shades of blue give the space a breezy, timeless feel while the house is draped in natural light.

    Kitchen
    Kitchen Screen grab from Realtor

    The 1,872-square-foot home was featured on Zillow Gone Wild, a Facebook page and X (formerly known as Twitter) account that showcases unique houses for sale. Some loved the clean appeal, others were more worried about the home’s proximity to the water.

    Bedroom
    Bedroom Screen grab from Realtor

    “It is sad because it’s quite a beautiful home! I love the outside and inside besides the super literal oceanfront location,” one person said on Facebook.

    Bedroom
    Bedroom Screen grab from Realtor

    “Gosh that’s beautiful,” another observed.

    Bedroom
    Bedroom Screen grab from Realtor

    “All it’s gone take is one storm named after someone’s abuela to turn this into rubbish,” someone posted on X.

    View
    View Screen grab from Realtor

    “I have watched enough Beachfront Bargain Hunt on HGTV to know that this is a great deal,” one person noted.

    Bathroom
    Bathroom Screen grab from Realtor

    St. Helena Island is about a 40-mile drive northeast from Hilton Head Island.

    TJ Macías is a Real-Time national sports reporter for McClatchy based out of the Dallas/Fort Worth Metroplex. Formerly, TJ covered the Dallas Mavericks and Texas Rangers beat for numerous media outlets including 24/7 Sports and Mavs Maven (Sports Illustrated). Twitter: @TayloredSiren

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  • Researchers ask Meta to keep CrowdTangle online until after 2024 elections

    Researchers ask Meta to keep CrowdTangle online until after 2024 elections

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    The Mozilla Foundation and dozens of other research and advocacy groups are pushing back on Meta’s decisions to shut down its research tool, CrowdTangle, later this year. In an , the group calls on Meta to keep CrowdTangle online until after 2024 elections, saying that it will harm their ability to track election misinformation in a year where “approximately half the world’s population” are slated to vote.

    The letter, published by the Mozilla Foundation and signed by 90 groups as well as the former CEO of CrowdTangle, comes one week after Meta confirmed it would the tool in August 2024. “Meta’s decision will effectively prohibit the outside world, including election integrity experts, from seeing what’s happening on Facebook and Instagram — during the biggest election year on record,” the letter writers say.

    “This means almost all outside efforts to identify and prevent political disinformation, incitements to violence, and online harassment of women and minorities will be silenced. It’s a direct threat to our ability to safeguard the integrity of elections.” The group asks Meta to keep CrowdTangle online until January 2025, and to “rapidly onboard” election researchers onto its latest tools.

    CrowdTangle has long been a source of frustration for Meta. It allows researchers, journalists and other groups to track how content is spreading across Facebook and Instagram. It’s also often cited by journalists in unflattering stories about Facebook and Instagram. For example, Engadget relied in an investigation into why Facebook Gaming was overrun with spam and pirated content in 2022. CrowdTangle was also the source for “,” a (now defunct) Twitter bot that posted daily updates on the most-interacted withFacebook posts containing links. The project, created by a New York Times reporter, regularly showed far-right and conservative pages over-performing, leading Facebook executives to argue the data wasn’t an accurate representation of what was on the platform.

    With CrowdTangle set to shut down, Meta is instead highlighting a new program called the , which provides researchers with new tools to access publicly-accessible data in a streamlined way. The company has said it’s more powerful than what CrowdTangle enabled, but it’s also much more strictly controlled. Researchers from nonprofits and academic institutions must apply, and be approved, in order to access it. And since the vast majority of newsrooms are for-profit entities, most journalists will be automatically ineligible for access (it’s not clear if Meta would allow reporters at nonprofit newsrooms to use the Content Library.)

    The other issue, according to Brandon Silverman, CrowdTangle’s former CEO who left Meta in 2021 is that the Meta Content Library isn’t currently powerful enough to be a full CrowdTangle replacement. “There are some areas where the MCL has way more data than CrowdTangle ever had, including reach and comments in particular,” Brandon Silverman, CrowdTangle’s former CEO who left Meta in 2021 wrote in a post last week. “But there are also some huge gaps in the tool, both for academics and civil society, and simply arguing that it has more data isn’t a claim that regulators or the press should take seriously.”

    In a statement , Meta spokesperson Andy Stone said that “academic and nonprofit institutions pursuing scientific or public interest research can apply for access” to the Meta Content Library, including nonprofit election experts. “The Meta Content Library is designed to contain more comprehensive data than CrowdTangle.”

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    Karissa Bell

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  • Today’s Supreme Court Hearing Addresses a Far-Right Bogeyman

    Today’s Supreme Court Hearing Addresses a Far-Right Bogeyman

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    Today, the US Supreme Court will hear a case that will determine whether the government can communicate with social media companies to flag misleading or harmful content to social platforms—or talk to them at all. And a lot of the case revolves around Covid-19 conspiracy theories.

    In Murthy v. Missouri, attorneys general from Louisiana and Missouri, as well as several other individual plaintiffs, argue that government agencies, including the Centers for Disease Control (CDC) and the Cybersecurity and Infrastructure Security Agency (CISA), have coerced social media platforms to censor speech related to Covid-19, election misinformation, and the Hunter Biden laptop conspiracy, among others.

    In a statement released in May 2022, when the case was first filed, Missouri attorney general Eric Schmitt alleged that members of the Biden administration “colluded with social media companies like Meta, Twitter, and YouTube to remove truthful information related to the lab-leak theory, the efficacy of masks, election integrity, and more.” (The lab-leak theory has largely been debunked, and most evidence points to Covid-19 originating from animals.)

    While the government shouldn’t necessarily be putting its thumb on the scale of free speech, there are areas where government agencies have access to important information that can—and should—help platforms make moderation decisions, says David Greene, civil liberties director at the Electronic Frontier Foundation, a nonprofit digital rights organization. The foundation filed an amicus brief on the case. “The CDC should be able to inform platforms, when it thinks there is really hazardous public health information placed on those platforms,” he says. “The question they need to be thinking about is, how do we inform without coercing them?”

    At the heart of the Murthy v. Missouri case is that question of coercion versus communication, or whether any communication from the government at all is a form of coercion, or “jawboning.” The outcome of the case could radically impact how platforms moderate their content, and what kind of input or information they can use to do so—which could also have a big impact on the proliferation of conspiracy theories online.

    In July 2023, a Louisiana federal judge consolidated the initial Missouri v. Biden case together with another case, Robert F. Kennedy Jr., Children’s Health Defense, et al v. Biden, to form the Murthy v. Missouri case. The judge also issued an injunction that barred the government from communicating with platforms. The injunction was later modified by the 5th Circuit Court of Appeals, which carved out some exceptions, particularly when it came to third parties such as the Stanford Internet Observatory, a research lab at Stanford that studies the internet and social platforms, flagging content to platforms.

    Children’s Health Defense (CHD), an anti-vaccine nonprofit, was formerly chaired by now presidential candidate, Robert F. Kennedy, Jr. The group was banned from Meta’s platforms in 2022 for spreading health misinformation, like that the tetanus vaccine causes infertility (it does not), in violation of the company’s policies. A spokesperson for CHD referred WIRED to a press release, with a statement from the organization’s president, Mary Holland, saying “As CHD’s chairman on leave, Robert F. Kennedy Jr. points out, our Founding Fathers put the right to free expression in the First Amendment because all the other rights depend on it. In his words, ‘A government that has the power to silence its critics has license for any kind of atrocity.’”

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    Vittoria Elliott

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  • Supreme Court takes up dispute over how far government can go to combat controversial social media posts on topics like COVID-19 and election security

    Supreme Court takes up dispute over how far government can go to combat controversial social media posts on topics like COVID-19 and election security

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    The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing administration officials of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.

    The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express.

    The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints.

    The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms.

    “It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online.

    The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.”

    The companies themselves are not involved in the case.

    Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

    “The government has no authority to threaten platforms into censoring protected speech, but it must have the ability to participate in public discourse so that it can effectively govern and inform the public of its views,” Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University, said in a statement.

    A panel of three judges on the New Orleans-based 5th U.S. Circuit Court of Appeals had ruled earlier that the administration had probably brought unconstitutional pressure on the media platforms. The appellate panel said officials cannot attempt to “coerce or significantly encourage” changes in online content. The panel had previously narrowed a more sweeping order from a federal judge, who wanted to include even more government officials and prohibit mere encouragement of content changes.

    A divided Supreme Court put the 5th circuit ruling on hold in October, when it agreed to take up the case.

    Justices Samuel Alito, Neil Gorsuch and Clarence Thomas would have rejected the emergency appeal from the Biden administration.

    Alito wrote in dissent in October: “At this time in the history of our country, what the Court has done, I fear, will be seen by some as giving the Government a green light to use heavy-handed tactics to skew the presentation of views on the medium that increasingly dominates the dissemination of news. That is most unfortunate.”

    A decision in Murthy v. Missouri, 23-411, is expected by early summer.

    Subscribe to the new Fortune CEO Weekly Europe newsletter to get corner office insights on the biggest business stories in Europe. Sign up for free.

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    Mark Sherman, The Associated Press

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  • “Dune: Part Two” gives sci-fi-obsessed Silicon Valley a reason to party

    “Dune: Part Two” gives sci-fi-obsessed Silicon Valley a reason to party

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    SAN FRANCISCO — In a top-floor atrium in downtown San Francisco last Thursday evening, tech workers from Google, Slack, X (formerly Twitter) and Mozilla mingled next to a pair of cardboard cutouts of Timothée Chalamet and Zendaya.

    Dustin Moskovitz, a Facebook founder, chatted as others sipped from cannily named cocktails such as the Fremen Mirage (gin, coconut Campari, sweet vermouth) and the Arrakis Palms (vanilla pear purée, gin, Fever-Tree tonic). Tim O’Reilly, a tech industry veteran, dropped by. Alex Stamos, the former head of security at Facebook, was also spotted.

    “Do you think they’ll let me take home one of the freaky sandworm popcorn buckets?” someone in the crowd tittered. The suggestively designed buckets had become a sensation across social media.

    The techies were all there to celebrate Silicon Valley’s newest obsession: “Dune: Part Two,” the latest movie adapted from the Frank Herbert-authored science-fiction saga, which helped inspire many of them to become interested in technology. The film, which follows the 2021 installment “Dune,” sold an estimated $81.5 million in tickets in the United States and Canada over the weekend, the biggest opening for a Hollywood film since “Barbie.”

    The invitation-only private screening at the IMAX theater in downtown San Francisco was hosted by two tech executives turned podcasters of “Escape Hatch,” a weekly show focused on sci-fi and fantasy films. And it was not the only game in town.

    Across Silicon Valley — from venture capital firms to tech executive circles — people had booked their own private screenings of the movie, directed by Denis Villeneuve. On Thursday, the venture firm 50 Years invited founders, friends and investors to “come fuel your imagination with stellar science fiction” in a theater takeover.

    Founders Fund, a venture capital firm co-created by Peter Thiel, rented out the Alamo Drafthouse theater in San Francisco’s Mission District for the film’s opening night on Friday, with an open bar and free food. Some people flew in from across the country to attend.

    “If you’re a VC firm and you’re not hosting a private Dune II screening, are you even a VC firm?” Ashlee Vance, a longtime technology journalist, wrote in a post on X last month.

    Even as tech companies have cut jobs and perks in recent months, the tradition of the sci-fi movie premiere remains alive and well. Films such as “Star Wars,” “Dune” and “Ready Player One” were the very things that helped stir techies’ interest in the field of computer science. No longer content with only watching the future unfold onscreen, employees at companies such as Meta, Google and Palantir have started plucking directly from their favorite movies to build the products of tomorrow.

    In Google’s early days, the company routinely bought out entire theaters to see the latest superhero flick. When “Blade Runner 2049” debuted in 2017, the boutique tech investment banking firm Code Advisors rented out the Alamo Drafthouse for a private screening and had a Q&A with the film’s antagonist, Jared Leto. Venture capital firms have repeated the practice for other futuristic films and series, including “The Martian,” “Arrival” and HBO’s “Westworld.”

    But “Dune” and “Dune: Part Two” hold a special place in Silicon Valley hearts and minds because of the series’ expansiveness. It doesn’t hurt that “Dune” was born in San Francisco, where Herbert lived in the late 1950s as he researched what became the series of sci-fi novels.

    “It is one of the original world-building exercises in genre fiction, and we’re all about world-building here,” said Jason Goldman, a former Twitter executive who joined Matt Herrero, a techie friend, to create the “Escape Hatch” podcast during the pandemic lockdowns.

    The “Dune: Part Two” viewing events also acted as a kind of safe space for techies to step away — however briefly — from the tech culture wars that rage on- and offline.

    “Twenty years ago, most people coming into tech were idealists with utopian dreams,” said Tom Coates, a tech veteran, at the “Escape Hatch” cocktail party. “That’s clearly not true anymore — now for many it’s much more just a job, and one that has attracted a certain type of ‘tech bro.’ But I think it’s interesting that we’re not all here tonight to watch the Ayn Rand filmography.”

    Goldman said part of Silicon Valley’s enchantment with “Dune” could be due to characters such as Chalamet’s Paul Atreides, a messianic figure who leads a downtrodden tribal group into rising up and defeating its evil overlords.

    “What people want, what they’re always trying to recreate, is that charismatic leader with the ability to see into the future,” Goldman said. “The hero worship of Steve Jobs is right up there with the fanatical praise of Paul Atreides.”

    What was not clear was how many of Silicon Valley’s tech elite had absorbed the finer points of the source material. Herbert was deeply skeptical of man’s technological progress, a perspective that framed his series.

    “It’s all based on a world in which artificial intelligence has been wiped out entirely,” said Cal Henderson, a co-founder and chief technical officer of Slack, who attended the Thursday party.

    (That morning, Elon Musk had sued OpenAI, the creator of ChatGPT, over claims that the company had put commercial interests before the future of humanity. “Meta doesn’t even begin to describe it,” another person at the party said.)

    Still, attendees were determined to have fun. One presented Herrero and Goldman with a glossy, custom-printed “Dune: Part Two” poster, with the hosts’ faces photoshopped over those of the film’s celebrities. Tables were stacked with trays of Nebula Nebulae parfaits (spiced chocolate and vanilla mousse) and platters of Atreides Delicacies (rice noodles, harissa, sesame oil).

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    The New York Times News Service Syndicate

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  • No, ‘Leave the World Behind’ and ‘Civil War’ Aren’t Happening Before Your Eyes

    No, ‘Leave the World Behind’ and ‘Civil War’ Aren’t Happening Before Your Eyes

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    Several people are typing, and they’re all saying Netflix’s Leave the World Behind is wildly prescient. The movie, directed by Sam Esmail, opens on a world where communication has been knocked out following a cyberattack. And earlier this week, when nearly all of Meta’s platforms—Facebook, Instagram, Threads—went down, people took to (other) social media platforms to post and hand-wring about the apocalypse.

    Most of the posts, per usual, were jokes: wry observations to help soothe the agita that comes with being alive when everything feels unstable. “Another dry run for Leave the World Behind,” wrote one X user. “I fear we are moving close to a Leave the World Behind scenario,” wrote another. “These tech glitches are increasingly [sic] with regularity.”

    But there was also a more conspiratorial undercurrent. For those who don’t know, Leave the World Behind was produced by Barack and Michelle Obama through their company Higher Ground Productions. Ever since the movie’s release, a conspiracy theory has persisted online that the film is somehow a warning about the widespread disorder to come.

    This same thread emerged late last month when an AT&T network outage wreaked havoc on US cellular networks. “The predictive programming of the Obama’s [sic] movie, Leave the World Behind, is becoming a little too real right now,” one user wrote on X. “I wouldn’t put it past our own federal government to institute a terrorist or cyber attack, just to blame it on foreign countries like China and Russia.”

    Odds are that nothing of the sort happened. Leave the World Behind is based on a 2020 book by Rumaan Alam and, according to the film’s director Sam Esmail, the former US president came on as a production partner only after the script was pretty much done. “I would just say [the conspiracy theorists] are pretty wrong in terms of his signaling,” he told Collider. “It had nothing to do with that.”

    Not that facts have ever gotten in the way of an online conspiracy before. Case in point, this week’s big trailer drop: Civil War. When the first trailer for Alex Garland’s next film dropped in December, online right-wing pundits speculated that it was also predictive programming, something meant to prepare the populace for events already planned by those in power. When the new trailer dropped this week, people on Reddit and elsewhere seemed to be fretting that the film will become, as The Hollywood Reporter put it, “MAGA fantasy fuel.”

    Ultimately, reactions like these to Leave the World Behind and Civil War merely serve as proof that they’re effective as works of fiction. They’re not part of some psyop to placate the public—they’re reactions to a political era that is fraught at best. Comfort is not a prerequisite for good filmmaking; movies are supposed to be unsettling sometimes. Concerns about a movie being too real are just signs that the filmmakers have tapped in to the collective psyche. Rather than think that Esmail or Garland—or Obama, for that matter—are trying to send some warning, perhaps consider the circumstances for why you’re worried that they might.

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    Angela Watercutter

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  • Donald Trump Comes Out Against TikTok Ban in Bizarre Reversal

    Donald Trump Comes Out Against TikTok Ban in Bizarre Reversal

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    Donald Trump appeared to come out in defense of TikTok, the social media platform facing a potential ban by Congress, in a post late Thursday on his social media platform Truth Social—the same platform that experienced a widespread outage as the former president attempted to live-tweet President Joe Biden’s State of the Union speech.

    “If you get rid of TikTok, Facebook and Zuckerschmuck will double their business. I don’t want Facebook, who cheated in the last Election, doing better. They are a true Enemy of the People!” Trump wrote on Thursday night.

    It’s unclear why Trump called Facebook an “enemy of the people,” a phrase that he usually saves for mainstream media outlets not named Fox News. And it doesn’t appear Trump has ever used the nickname “Zuckerschmuck” for Facebook founder Mark Zuckerberg before, which, according to a simple Google search, looks like the name of a real online store centered around diabetes.

    Trump’s opposition to a TikTok ban would be a reversal of policy for the former president, who signed an executive order in the summer of 2020 that would’ve forced TikTok’s parent company in China, ByteDance, to completely divest of the social media site or face a ban on U.S. soil.

    Trump’s executive order, which was held up in federal court before being reversed when Biden took office in 2021, called TikTok’s existence a “national emergency” for the U.S. that could threaten the country’s security and economy.

    “This mobile application may also be used for disinformation campaigns that benefit the Chinese Communist Party, such as when TikTok videos spread debunked conspiracy theories about the origins of the 2019 Novel Coronavirus,” Trump’s executive order read in a line that’s particularly ironic, given Trump’s embrace of many such conspiracy theories.

    The executive order also featured claims of censorship on TikTok by the Chinese Communist Party, especially around, “protests in Hong Kong and China’s treatment of Uyghurs and other Muslim minorities.” Because who doesn’t love “Muslim minorities” more than Trump, right?

    Why is Trump reversing course on TikTok? Who knows why Trump does anything? Maybe he’s making the calculation that it helps his own social media platform in some way. Or maybe it’s because Trump reportedly saw at least $5.5 million flowing to his businesses from Chinese sources while he was president. Could it have anything to do with the fact that Republican mega-donor Jeff Yass, a billionaire with a big investment in ByteDance, recently had a friendly phone call with Trump, according to Politico?

    Better yet, maybe Trump wants to delay a ban until he hypothetically returns to the White House, a tactic he’s already deployed to sink a bipartisan immigration reform deal because he wants to campaign on the issue of a “broken border.” It really could be anything, as far as we know.

    But Congress is moving ahead with a potential ban on TikTok, with a bipartisan bill expected to make its way to the House for a vote very soon. The bill already cleared a House committee in a unanimous vote of 50-0. Much like Trump’s original executive order, the bill would force ByteDance to sell the platform and, if the company refused, would allow Congress to ban the site altogether.

    The bill has mobilized some of TikTok’s estimated 150 million American users, with Congressional offices reportedly getting flooded on Thursday by calls imploring members of Congress not to ban the app. TikTok even alerted users in the U.S. about the potential ban on Thursday, a move that made politicians quite angry.

    President Biden has come out in support of the effort by Congress to get ByteDance to divest and the White House has claimed the president only killed Trump’s executive order to conduct its own security review while it was tied up in federal court. But it will be interesting to see if the courts agree that Congress has the right to ban TikTok, a move that the company says conflicts with the free speech rights of Americans.

    “This legislation will trample the First Amendment rights of 170 million Americans and deprive 5 million small businesses of a platform they rely on to grow and create jobs,” a TikTok spokesperson told Gizmodo on Thursday.

    The House vote hasn’t been scheduled yet, but it sure seems like we’re going to find out sooner rather than later if TikTok has a future in the U.S. Incredibly, Trump wants TikTok to be allowed to continue as usual. At least for now.

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    Matt Novak

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  • How to Turn Off Facebook’s Two-Factor Authentication Change

    How to Turn Off Facebook’s Two-Factor Authentication Change

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    Meta changed how two-factor authentication works for Facebook and Instagram last year. You might have received notifications about this, but it was easy to miss in the platform’s sea of red alerts. OK, so what’s different? “Any devices you’ve frequently used Facebook on in the past two years will be automatically trusted,” reads Meta’s updated settings page. Your smartphone and laptop may not need a 2FA code to log in, unless you go into your settings and opt out.

    Over time, Meta has made multiple tweaks to how it deploys 2FA. In 2018, it started to allow 2FA codes generated by third-party apps. A few years later, the company began requiring more vulnerable accounts to activate 2FA protection. The company faces a tricky balance between making it easy to log in to your account and protecting users from losing control of their online identities.

    Enabling 2FA is a basic way to improve the security of any online profile, since it adds an extra layer of difficulty for hackers trying to break into your account. “The role two-factor plays is, basically, to assume that at some point your password is going to be known by someone else,” said Casey Ellis, founder and chief strategy officer at Bugcrowd, a crowdsourced security company that has previously collaborated with Facebook. “You don’t have control over when or how that happens.” For users, this fallback measure is often as easy as copying and pasting a quick code from within a smartphone app, like Google Authenticator.

    Anyone with a social media account on Facebook or Instagram needs to go ahead and turn on two-factor authentication in their privacy settings. No shame if you haven’t, but do it right now by logging in to your Account Center, clicking Password and security, then Two-factor authentication.

    Now that you’ve got it all set up, here’s what was changed with Meta’s 2FA process: It’s no longer activated anywhere you often used Facebook or Instagram in the past two years, from previous-generation smartphones to hand-me-down laptops.

    What’s the reasoning for this adjustment? “As part of our continuous work to balance account security and accessibility, we’re letting people know that we’ll be treating the devices they frequently use to log in to Facebook as trusted,” said Erin McPike, a Meta spokesperson.

    Facebook via Reece Rogers

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    Reece Rogers

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