Tuesday, May 09, 2023

Congress eyes new rules for tech: What’s under consideration

By MARY CLARE JALONICK
AP
yesterday

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A person uses a smartphone in Chicago, Sept. 16, 2017. Most Democrats and Republicans agree that the federal government should better regulate the biggest technology companies, particularly social media platforms. But there is very little consensus on how it should be done.
 (AP Photo, File)

WASHINGTON (AP) — Most Democrats and Republicans agree that the federal government should better regulate the biggest technology companies, particularly social media platforms. But there is very little consensus on how it should be done.

Should TikTok be banned? Should younger children be kept off social media? Can the government make sure private information is secure? What about brand new artificial intelligence interfaces? Or should users be regulating themselves, leaving the government out of it?

Tech regulation is gathering momentum on Capitol Hill as concerns skyrocket about China’s ownership of TikTok and as parents navigating a post-pandemic mental health crisis have grown increasingly worried about what their children are seeing online. Lawmakers have introduced a slew of bipartisan bills, boosting hopes of compromise. But any effort to regulate the mammoth industry would face major obstacles as technology companies have fought interference.

Noting that many young people are struggling, President Joe Biden said in his February State of the Union speech that “it’s time” to pass bipartisan legislation to impose stricter limits on the collection of personal data and ban targeted advertising to children.

“We must finally hold social media companies accountable for the experiment they are running on our children for profit,” Biden said.

Tech companies have aggressively fought any federal interference, and they have operated for decades now without strict federal oversight, making any new rules or guidelines that much more complicated.

A look at some of the areas of potential regulation:

CHILDREN’S SAFETY

Several House and Senate bills would try to make social media, and the internet in general, safer for children who will inevitably be online. Lawmakers cite numerous examples of teenagers who have taken their own lives after cyberbullying or died engaging in dangerous behavior encouraged on social media.

In the Senate, at least two competing bills are focused on children’s online safety. Legislation by Sens. Richard Blumenthal, D-Conn., and Marsha Blackburn, R-Tenn., approved by the Senate Commerce Committee last year would require social media companies to be more transparent about their operations and enable child safety settings by default. Minors would have the option to disable addictive product features and algorithms that push certain content.

The idea, the senators say, is that platforms should be “safe by design.” The legislation, which Blumenthal and Blackburn reintroduced last week, would also obligate social media companies to prevent certain dangers to minors — including promotion of suicide, disordered eating, substance abuse, sexual exploitation and other illegal behaviors.

A second bill introduced last month by four senators — Democratic Sens. Brian Schatz of Hawaii and Chris Murphy of Connecticut and Republican Sens. Tom Cotton of Arkansas and Katie Britt of Alabama — would take a more aggressive approach, prohibiting children under the age of 13 from using social media platforms and requiring parental consent for teenagers. It would also prohibit the companies from recommending content through algorithms for users under the age of 18.

Senate Majority Leader Chuck Schumer, D-N.Y., has not weighed in on specific legislation but told reporters last week, “I believe we need some kind of child protections” on the internet.

Critics of the bills, including some civil rights groups and advocacy groups aligned with tech companies, say the proposals could threaten teens’ online privacy and prevent them from accessing content that could help them, such as resources for those considering suicide or grappling with their sexual and gender identity.

“Lawmakers should focus on educating and empowering families to control their online experience,” said Carl Szabo of NetChoice, a group aligned with Meta, TikTok, Google and Amazon, among other companies.

DATA PRIVACY

Biden’s State of the Union remarks appeared to be a nod toward legislation by Sens. Ed Markey, D-Mass., and Bill Cassidy, R-La., that would expand child privacy protections online, prohibiting companies from collecting personal data from younger teenagers and banning targeted advertising to children and teens. The bill, also reintroduced last week, would create a so-called “eraser button” allowing parents and kids to eliminate personal data, when possible.

A broader House effort would attempt to give adults as well as children more control over their data with what lawmakers call a “national privacy standard.” Legislation that passed the House Energy and Commerce Committee with wide bipartisan support last year would try to minimize data collected and make it illegal to target ads to children, usurping state laws that have tried to put privacy restrictions in place. But the bill, which would have also given consumers more rights to file lawsuits over privacy violations, never reached the House floor.

Prospects for the House legislation are unclear now that Republicans have the majority. House Energy and Commerce Chairwoman Cathy McMorris Rodgers, R-Wash.., has made the issue a priority, holding several hearings on data privacy. But the committee has not yet moved forward with a new bill.

TIKTOK BAN/CHINA

Lawmakers introduced a raft of bills to either ban TikTok or make it easier to ban it after a combative March House hearing in which lawmakers from both parties grilled TikTok CEO Shou Zi Chew over his company’s ties to China’s communist government, data security and harmful content on the app.

Chew attempted to assure lawmakers that the hugely popular video-sharing app prioritizes user safety and should not be banned due to its Chinese connections. But the testimony gave new momentum to the efforts.

Soon after the hearing, Missouri Sen. Josh Hawley, a Republican, tried to force a Senate vote on legislation that would ban TikTok from operating in the United States. But he was blocked by a fellow Republican, Kentucky Sen. Rand Paul, who said that a ban would violate the Constitution and anger the millions of voters who use the app.

Another bill sponsored by Republican Sen. Marco Rubio of Florida would, like Hawley’s bill, ban U.S. economic transactions with TikTok, but it would also create a new framework for the executive branch to block any foreign apps deemed hostile. His bill is cosponsored by Reps. Raja Krishnamoorthi, D-Ill., and Mike Gallagher, R-Wis.

There is broad Senate support for bipartisan legislation sponsored by Senate Intelligence Committee Chairman Mark Warner, D-Va., and South Dakota Sen. John Thune, the No. 2 Senate Republican, that does not specifically call out TikTok but would give the Commerce Department power to review and potentially restrict foreign threats to technology platforms.

The White House has signaled it would back that bill, but it is unclear if it will be brought up in the Senate or if it could garner support among House Republicans.

TikTok has launched an extensive lobbying campaign for its survival, including by harnessing influencers and young voters to argue that the app isn’t harmful.

ARTIFICIAL INTELLIGENCE

A newer question for Congress is whether lawmakers should move to regulate artificial intelligence as rapidly developing and potentially revolutionary products like AI chatbot ChatGPT begin to enter the marketplace and can in many ways mimic human behavior.

Senate leader Schumer has made the emerging technology a priority, arguing that the United States needs to stay ahead of China and other countries that are eyeing regulations on AI products. He has been working with AI experts and has released a general framework of what regulation could look like, including increased disclosure of the people and data involved in developing the technology, more transparency and explanation for how the bots arrive at responses.

Schumer has said that any eventual regulation should “prevent potentially catastrophic damage to our country while simultaneously making sure the U.S. advances and leads in this transformative technology.”

The White House has been focused on the issue as well, with a recent announcement of a $140 million investment to establish seven new AI research institutes. Vice President Kamala Harris met Thursday with the heads of Google, Microsoft and other companies developing AI products.

Facebook has 3 billion users. Many of them are old.

By BARBARA ORTUTAY
AP
yesterday

 Facebook says it is not dead. It’s not even just for “old people,” as young people have been saying for years. The social media platform born before the iPhone is approaching two decades in existence. 
(AP Photo/Jenny Kane, File)

Facebook says it is not dead. Facebook also wants you to know that it is not just for “old people,” as young people have been saying for years.

Now, with the biggest thorn in its side — TikTok — facing heightened government scrutiny amid growing tensions between the U.S. and China, Facebook could, perhaps, position itself as a viable, domestic-bred alternative.

There’s just one problem: young adults like Devin Walsh have moved on.

“I don’t even remember the last time I logged in. It must have been years ago,” said Walsh, 24, who lives in Manhattan and works in public relations.

Instead, she checks Instagram, which is also owned by Facebook parent company Meta, about five or six times a day. Then there’s TikTok, of course, where she spends about an hour each day scrolling, letting the algorithm find things “I didn’t even know I was interested in.”

Walsh can’t imagine a world in which Facebook, which she joined when she was in 6th grade, becomes a regular part of her life again.

“It’s the branding, right? When I think of Facebook, I think ugh, like cheugy, older people, like parents posting pictures of their kids, random status updates and also people fighting about political issues,” Walsh said, using the Gen Z term for things that are definitely not cool.

The once-cool social media platform born before the iPhone is approaching two decades in existence. For those who came of age around the time Mark Zuckerberg launched thefacebook.com from his Harvard dorm room in 2004, it’s been inextricably baked into daily life — even if it’s somewhat faded into the background over the years.

Facebook faces a particularly odd challenge. Today, 3 billion people check it each month. That’s more than a third of the world’s population. And 2 billion log in every day. Yet it still finds itself in a battle for relevancy, and its future, after two decades of existence.

For younger generations — those who signed up in middle school, or those who are now in middle school, it’s decidedly not the place to be. Without this trend-setting demographic, Facebook, still the main source of revenue for parent company Meta, risks fading into the background — utilitarian but boring, like email.

It wasn’t always like this. For nearly a decade, Facebook was the place to be, the cultural touchstone, the thing constantly referenced in daily conversations and late-night TV, its founding even the subject of a Hollywood movie. Rival MySpace, which launched only a year earlier, quickly became outdated as the cool kids flocked to Facebook. It didn’t help MySpace’s fate that it was sold to stodgy old News Corp. in 2005.

“It was this weird combination...no one knew how technology worked, but in order to have a MySpace, we all needed to become mini coders. It was so stressful.” said Moira Gaynor, 28. “Maybe that’s even why Facebook took off. Because compared to MySpace it was this beautiful, integrated, wonderful engagement area that we didn’t have before and we really craved after struggling with MySpace for so long.”

Positioning himself a visionary, Zuckerberg refused to sell Facebook and pushed his company through the mobile revolution. While some rivals emerged — remember Orkut? — they generally petered out as Facebook soared, seemingly unstoppable despite scandals over user privacy and a failure to address hate speech and misinformation adequately. It reached a billion daily users in 2015.

Debra Aho Williamson, an analyst with Insider Intelligence who’s followed Facebook since its early days, notes that the site’s younger users have been dwindling but doesn’t see Facebook going anywhere, at least not any time soon.

“The fact that we are talking about Facebook being 20 years old, I think that is a testament of what Mark developed when he was in college. It’s pretty incredible,” she said. “It is still a very powerful platform around the world.”

AOL was once powerful too, but its user base has aged and now an aol.com email address is little more than a punchline in a joke about technologically illiterate people of a certain age.

Tom Alison, who serves as the head of Facebook (Zuckerberg’s title is now Meta CEO), sounded optimistic when he outlined the platform’s plans to lure in young adults in an interview with The Associated Press.

“We used to have a team at Facebook that was focused on younger cohorts, or maybe there was a project or two that was dedicated to coming up with new ideas,” Alison said. “And about two years ago we said no — our entire product line needs to change and evolve and adapt to the needs of the young adults.”

He calls it the era of “social discovery.”

“It’s very much motivated by what we see the next generation wanting from social media. The simple way that I like to describe it is we want Facebook to be the place where you can connect with the people you know, the people you want to know and the people that you should know,” Alison said.

Artificial intelligence is central to this plan. Just as TikTok uses its AI and algorithm to show people videos they didn’t know they wanted to see Facebook is hoping to harness its powerful technology to win back the hearts and eyeballs of young adults. Reels, the TikTok-like videos Facebook and Instagram users are bombarded with when they log into both apps, are also key. And, of course, private messaging.

“What we are seeing is more people wanting to share reels, discuss reels, and we’re starting to integrate messaging features back into the app to again allow Facebook to be a place where not only do you discover great things that are relevant to you, but you share and you discuss those with people,” Alison said.

Facebook has consistently declined to disclose user demographics, which would shed some light on how it is faring among young adults. But outside researchers say their numbers are declining. The same is true for teenagers — although Facebook seems to have stepped back from actively recruiting teens amid concerns about social media’s effects on their mental health.

“Young people often shape the future of communication. I mean, that’s basically how Facebook took off — young people gravitated toward it. And we we see that happening with pretty much every social platform that has come on the scene since Facebook,” said Williamson. This year, Insider estimates that about half of TikTok’s users are between the ages of 12 and 24.

Williamson doesn’t see this trend reversing, but notes that Insider’s estimates only go as far as 2026. There’s a decline, but it’s slow. That year, the research firm expects about 28% of U.S. Facebook’s users to be between 18 and 34 years old, compared with nearly 46% for TikTok and 42% for Instagram. The numbers are more stark for teens aged 12-17.

“I think the best thing they could do is get away from being a social platform. Like they’ve lost that. But hey, if they want to become the new Yellow Pages, why not?” said Gaynor, who lives in San Diego, California and works in government. “I really like Marketplace. I recently just moved, so that was where I got most of my furniture.”

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