Mark Zuckerberg testified before Congress yesterday, and it was an embarrassment.
Ben Weinberger
Lawyer and Technologist helping lead the digital transformation of business
Not an embarrassment for him, but for us. Yes, I said it – all of us; stay with me for a moment. Humor me. Also consider that a class action lawsuit was just filed against Facebook “on behalf of” all US and UK users of Facebook, and it gets worse. Again, not for Zuck, but for us, the public.
Why, you ask? Let me walk you through it.
Unless you live under a rock, you know that Cambridge Analytica “misused” our data. They apparently used our data for more than we or Facebook had given them permission to use it for. Okay, if true, that’s a problem and a failure on the part of Facebook worthy of some consequence. However, rather than talking just about the data “breach” (or, perhaps, failure), all the headlines, stories, and discussions appear to be focused more so on what the data was used for. In this instance, allegedly, it was used to sway opinion about candidates to affect an election.
To that, I say, so what? You act as if you’re surprised. How can you possibly be surprised?
We’re angry that we used a free platform – one which we knew was free (in exchange for something – i.e. information about ourselves) and which we knew or should have known was being used for targeted advertising. If you didn’t know that, I question what exactly you thought the deal was. Did you think Zuck became a billionaire by magic? That people invested money in his company because they think it’s “neat”? No, they invested because they saw the profit potential of advertising. So, back to the facts.
In exchange for using this “free” platform, people answered surveys, typed-in details, posted pictures, and shared things, and, in the course of doing so, gave up relevant details about themselves. Someone then paid for that data (pursuant to the whole Facebook business model) and then analyzed it and used it to carefully craft messages, ads, whatever, to target people with those messages. Those messages supposedly swayed people to vote a certain way.
Uh, so, this has been going on for years in other formats, hasn’t it? Aren’t marketers always trying to target demographics? Aren’t ads always aimed at certain groups? Don’t politicians always focus on their base?
We seem to take no notice of it when advertisers do the same thing to convince us that Coca-Cola is better than Pepsi, or Burger King’s burgers are better than McDonald’s, yet now we’re angry? We’re angry because they did it for politics? Did everyone really rely entirely on what they read on Facebook and Facebook alone? Have people lost all ability to think for themselves? (Don’t answer that – I know what you’ll say, and it’s not flattering…to us). Seriously, though, this is the business model that has made billionaires out of people – that’s how it works.
So, back to the whole show that is the “let’s grill the Facebook CEO in front of the world to inquire about this supposed breach.” In all honesty, I think Zuck carried himself well – responded to questions, apologized (several times) and, took responsibility.
Here’s where it gets embarrassing. Did you listen to any of the questions he was asked? Seriously – many were the sort of questions that displayed such a complete lack of comprehension about Facebook, its business model, how it works, the real issue, and, it pains me to say this, the very concept of the technology. The questions demonstrated that we (through our elected officials) are in serious trouble. These are the folks making policy decisions for more than 320 million citizens of the United States – decisions that impact them and the rest of the world – and they couldn’t grasp this? Maybe you’d like to defend them and tell me that they have really intelligent people working for them who can brief them on these issues and help them understand so that they can then ask the right questions and make intelligent decisions. Sure – but, if that were the case, why in the heck did they not spend any time with those folks prior to yesterday’s public inquiry? If anything, the fact that Mr. Zuckerberg didn’t laugh out loud (or, “LOL”, in the vernacular) suggests he conducted himself even better than one might have expected he would do.
We can all be angry, or we can all learn from this. Beware of what you’re putting out there on those free platforms. Sure, the companies behind them should be held accountable for ensuring they meet with their own terms of service. Sure, they should take some level of responsibility and help police the content and notify authorities when illegal activity is being facilitated on their platform (the same way a shop owner would be responsible for reporting a crime on his premises to the police). But, let’s keep it within reason; some regulation is likely warranted, but, again, within reason.
I think what bothers me most about this is the fact that, elsewhere, recently, Equifax suffered a massive data breach and, though there was outrage, it seemed far less. Equifax – the company that holds sensitive financial data, that, by losing that data, enabled criminals and exposed millions of people to possible identity theft and real hardship. I never agreed to give Equifax my data. I never asked to be a customer of theirs. After that breach, their CEO left under a massive (roughly $90 million) golden parachute. Can we return to some more anger over this one, please?
Meanwhile, also related to all this hubbub is the class action lawsuit. I have been party to numerous of those and, despite all the attention given to this one, it’s likely to end the way most class action lawsuits end – with an appropriate resolution, compensation for the lead plaintiff(s), minor compensation, if any, for the class members, and a massive fee revenue for the lawyers filing it. In reality, they are the real winners here.
So, perhaps we can learn a few lessons from all this: (1) assume that everything you post on Facebook can and will be used (possibly against you); (2) demand better from your elected officials – seriously, for supposedly intelligent people, they didn’t look too impressive yesterday; (3) if you’re going to become a lawyer, perhaps a class action litigator might be a safe bet. I expect we’ll see more of these such breaches, and, likely, more outrage. Nevertheless, for this one, nothing to see here – thank you – move along.
Eat Code
6 年There are bigger issues at play here. The responsibility should never only lie with the user. The expert here is the merchant. Further, the user is against the wall as all of their clauses are almost clones. Since these collectively are essential services and the user has no options. You can't say I font agree with FB so going to Twitter, it's more or less the same clauses. Even if you did, I think the expectations cannot longer be "you agreed/signed understanding". How do we test this understanding? If you were to draw a sample from a strata of my peers, can they give evidence the same understanding of the impact on simple oral examination of the clause and its application? Even if its a yes, did I have other options like a similar service with a different clause than the one in question? This talks to entrapment. If the answer is no, then duty reverts to the merchant. This talks to ambiguity of the clause for a person of my strata/stature. Further did the merchant investigate the impact of my actions against myself? My thinking is along the expectations against a medical practitioners. He can't just give you poison simply because you asked for it unless it is of benefit to you to have the poison.
Eat Code
6 年Not so fast.... The way the technology has revolved it no longer ends there. The tech companies now have a duty to ask themselves how will a person of your stature feel or be impacted if they use your info a certain way. If they can do so with advertising it should not be an issue to achieve. The problem here is global legal systems still allow companies to draft a contract where you allow them to enslave you, intentionally or not for a plat of food equivalent. I get you may argue about you being your agent. You can only be your effective agent with the necessary know how and a requisite world view in the subject matter. This is evidenced in what transpired when Zuck was questioned. The people we expected to know on our behalf were lacking, so his much more will you be lacking? The one person who clearly knew is Zuck, so had the moral responsibility to tye his actions with possible outcomes in relation to the expectations of different strata of users. He deliberately failed to take into account the outcomes of product usage for the users. This expectations is not a new concept. Medical doctors already operate that way on the bases of that you will never fully know what's good for you, only the doctor will.
Group HR Business Partner
6 年Best question raised...."How does your busi was model make a profit?" Lol indeed. He should have laughed as he answered that one!!! But alas, Mark Zuckerberg is polite and professional....and don't forget intelligent...unlike some in the panel...
Investor,advisor, i connect the dots, people, capital, customers
6 年So millennial. It’s their version of business saying I agree to pay a fine, not to do it again, but I didn’t do it anyway. And our elected officials posing for their photo in the newspapers. Lest they know nothing about what they speak. And come November they will still take Zucks cash.
Mining Sector | Technical Compliance | Risk Management
6 年Yeah...!!! I'm. Glad I'm not the only one thinking what you said!!! If the Clintonites really thought Hillary lost because of targeted advertising on Facebook and Facebook alone, then the US has some serious problems in not educating their population in how to evaluate advertising! Th lost ability to think critically is the problem in the US. Not Facebook... Anyone who can think critically knows Facebook is using their info, can guess at how, and decide how much they want to be influenced...