[HN Gopher] Judge rules Facebook parent Meta intentionally viola...
       ___________________________________________________________________
        
       Judge rules Facebook parent Meta intentionally violated campaign
       finance laws
        
       Author : rntn
       Score  : 295 points
       Date   : 2022-09-06 18:08 UTC (4 hours ago)
        
 (HTM) web link (www.atg.wa.gov)
 (TXT) w3m dump (www.atg.wa.gov)
        
       | _appub wrote:
        
       | adamsb6 wrote:
       | Maybe I'm misremembering, but I thought Facebook's solution to
       | the Washington law was to no longer run political ads in
       | Washington.
       | 
       | Testing this out right now, from my home in Washington, if I try
       | to create an ad and mark it as political, I'm told I need to get
       | authorized to be able to run such an ad.
        
         | loeg wrote:
         | It seems like FB failed to successfully prevent people running
         | political ads in Washington, because on encountering the
         | roadblock you identified, the ad customers just unchecked the
         | "this is a political ad" checkbox.
        
           | oofbey wrote:
           | The fact that this constitutes a serious attempt to block
           | political ads is laughable.
        
             | loeg wrote:
             | I think you could argue it was not a serious attempt.
        
       | ChrisMarshallNY wrote:
       | I would be surprised if they come up with much more than "Search
       | the couch cushions" money from Meta, and, if they do, the Devil
       | will be wearing ear muffs, before they see any of it.
        
       | tinktank wrote:
       | This company really is a complete and utter dumpster fire.
        
         | Koshkin wrote:
         | I don't know about that. The firm I work at constantly loses
         | talent to it.
        
           | oofbey wrote:
           | Often (in this case) burning trash in dumpsters is highly
           | profitable, so they can pay people enough to plug their noses
           | and look the other way.
        
         | sofixa wrote:
         | Honestly I'm surprised how can they still find enough morally
         | bankrupt people to work for them. The pay might be good, but
         | it's not like anyone working there couldn't find a similarly
         | well paid job at a similar company.
        
       | whiteboardr wrote:
       | Maybe time to rethink the way fines are determined. I'd be very
       | much in favour of the "swiss model" for traffic fines - based on
       | your income. You did X wrong, here's the set price from our
       | catalogue vs. you did X wrong and based on your earnings, here's
       | what you owe.
        
       | endisneigh wrote:
       | How much money does meta even make from political ads? Why would
       | they even want to deal with this?
        
         | elliekelly wrote:
         | For a company whose bread & butter is "outrage" I would imagine
         | political ads of the type you're likely to see on Facebook in
         | 2022 are like having someone else do your work for you. _And_
         | they get paid for the privilege to boot!
        
         | anigbrowl wrote:
         | idk about Meta specifically, but each election cycle is worth a
         | couple billion $ in online ad revenue alone.
         | 
         | https://www.opensecrets.org/online-ads
        
         | TechBro8615 wrote:
         | I wonder if Meta ever ran its own political ads, without a
         | specific candidate paying for them. That might be one reason to
         | obscure the advertiser. (I mean, they _definitely_ did this
         | with generic "get out and vote" advertising, but of course
         | that's not overtly favoring one candidate or the other.)
        
           | diab0lic wrote:
           | It could be favoring one over the other if they biased to
           | display to specific demographics.
        
           | lozenge wrote:
           | Zuckerberg has so much money, it would be cheaper and less
           | risky to just pay somebody to pay somebody to pay somebody to
           | fund a PAC with offshore accounts with hidden ownership.
        
             | jimmygrapes wrote:
             | Just open a movie studio, money laundering problem solved!
        
           | christkv wrote:
           | Depends if it's geographically targeted to favor your choice
           | political candidate. Say only run get out the vote for people
           | that are likely to vote for candidate A over B
        
         | AzzieElbab wrote:
         | I do not think it is about that. Chan-Zuckerberg initiative
         | donated about half a billion to finance elections
         | infrastructure in 2020. It may be about power but certainly not
         | about money
        
         | colinmhayes wrote:
         | My old coworkers had a story about this. Back in 2012 the
         | romney campaign was spending so much money on facebook ads they
         | couldn't be served fast enough. Coworker was told to turn off
         | the "don't show me ads like this again" functionality for
         | Romney so they could get more views. I don't have numbers, but
         | it's hard to fathom how difficult it would be to literally run
         | out of people to advertise to at facebooks scale.
        
           | whimsicalism wrote:
           | > it's hard to fathom how difficult it would be to literally
           | run out of people to advertise to at facebooks scale.f
           | 
           | Probably because they were doing hyperspecific targeting, not
           | because FB literally didn't have any more users to serve ads.
           | 
           | I doubt political ads are a major part of the mix - for one,
           | there is little evidence that they are all that effective
           | compared to TV ads.
        
             | lozenge wrote:
             | We are talking about a campaign spending almost $20 billion
             | a month, admittedly Facebook ads would only be a part of
             | that, but why is it unrealistic that they ran out of ad
             | spots to buy?
        
               | whimsicalism wrote:
               | I don't know where you're getting your numbers from but
               | they are definitely not correct (worked in campaign
               | finance tech for a bit).
        
               | jimmygrapes wrote:
               | I could see $20 million a month, but billion doesn't work
               | here since the Romney campaign didn't spend even one
               | billion[0].
               | 
               | Is this one of those weird "billion means something
               | different in my country" things? Because even then, the
               | miscommunication is usually between billion (10^9 in most
               | English) and trillion (10^12), in short scale[1].
               | 
               | [0]:
               | https://www.fec.gov/data/candidate/P80003353/?tab=summary
               | 
               | [1]: https://en.wikipedia.org/wiki/Long_and_short_scales
        
         | dwighttk wrote:
         | Bloomberg spent enough money to give every US citizen $1000000
         | on his last presidential run!
         | 
         | (Not really... there were just some newscasters that were
         | really bad at math)
         | 
         | But he did spend like $1B as just one candidate in the
         | primaries.
        
           | ejb999 wrote:
           | https://www.youtube.com/watch?v=krHkjdnniDE
           | 
           | is what you are referring to.
        
           | giantg2 wrote:
           | We need an Ammendment to provide a common media/site for all
           | candidates, with caps on outside advertising, even for PACs
           | etc. The spending is so wasteful. If they care so much about
           | the problems they're campaigning on, they could use the money
           | to work on fixing them.
        
             | sofixa wrote:
             | > We need an Ammendment to provide a common media/site for
             | all candidates, with caps on outside advertising, even for
             | PACs
             | 
             | The fact that this isn't already the case is so weird.
             | Probably due to the age of the constitution and legal
             | system, its deification and the generic allergy to any
             | evolution on that front.
             | 
             | Campaign regulations, including fairness in representation
             | and budget limits are necessary for a healthy democracy,
             | otherwise it's too susceptible to influence by rich people.
             | 
             | For instance, in Bulgaria that's taken to a somewhat
             | extreme point - party/coalition lists running for election
             | (it's a parliamentary democracy) get a fixed budget from
             | the country if they fit the requirements (enough
             | candidates, enough signatures) with a maximum allowance for
             | donations and own funds to be used. Ads can't be just an
             | attack on a rival, and have to include disclaimers who
             | they're for, who they're paid for, and that buying and
             | selling votes is a crime (an issue in Bulgarian elections,
             | sadly). The system isn't perfect but IMHO it'd be far worse
             | without those protections.
        
         | worldsayshi wrote:
         | It once again makes me wonder what they want to do with all
         | that money. Meta is one of the most powerful companies. They
         | get all this money to sell some of that money.
         | 
         | What really is the end game here? The whole point of money or
         | power would be to use it to do something you care about? What
         | use is money and power for the sake of itself? Why have it if
         | all you want is more of it?
         | 
         | At least some rich people seem to want to do _something_ with
         | their riches and power. Which makes the rest of them even more
         | of an enigma.
        
           | jboynyc wrote:
           | Perhaps a Walter White quote is fitting here: "I'm in the
           | empire business."
        
             | zeruch wrote:
             | That's likely as accurate as one could be here.
        
         | MichaelCollins wrote:
         | Political influence is about power, not money. Money is only
         | one proxy for power.
        
         | pevey wrote:
         | The short answer is, a lot of money. Like, a lot a lot. See a
         | recent article from the New York Times.
         | 
         | https://www.nytimes.com/2022/09/03/us/politics/senate-republ...
        
           | whimsicalism wrote:
           | The low tens of millions on digital ads across all senate
           | campaigns. That is definitely not _a lot a lot_.
        
             | pevey wrote:
             | This is but one example of one PAC for one party. I don't
             | know how many PACs exist, but easily hundreds. Thousands? A
             | lot of money is donated to campaigns and PACs across local,
             | state, and national elections, and a lot of that money is
             | spent on advertising of some form, and a lot of that (as
             | the article describes) has been shifted to digital. I would
             | call it a lot a lot.
        
       | axismundi wrote:
       | Shouldn't they rather be banned from running political ads for
       | repeatedly breaking the law?
        
       | jaywalk wrote:
       | This is about as blatant as it gets. They were sued in 2018,
       | lost, and agreed to make changes. They changed nothing, got sued
       | again in 2020, and have now lost again. They deserve the max
       | penalty.
        
         | AnimalMuppet wrote:
         | What, in your view, is "the max penalty" for this situation?
        
           | bialpio wrote:
           | "Under state law, the court can assess a civil penalty of up
           | to $10,000 per violation. In addition, because Meta's
           | violations are found to have been intentional, the court may
           | triple the amount of the judgment as punitive damages."
           | 
           | Link to highlight: https://www.atg.wa.gov/news/news-
           | releases/ag-ferguson-judge-...
        
           | riskable wrote:
           | Additionally the judge should bar Facebook from displaying
           | political ads. That would be far more punishment (and better
           | for society I think) than a mere few hundred million fine.
        
             | kennend3 wrote:
             | This!
             | 
             | Fines are often considered "the cost of doing business"
             | these days. We need to revisit the system and take new
             | approaches, like what you propose.
        
         | plazmatic wrote:
        
       | numair wrote:
       | That company, which I know a _lot_ better than 99% of those who
       | will comment here, was _always_ a political influence operation
       | masquerading as a tech company trying to "connect the world."
       | Remember, people used to describe Zuckerberg as a "young Caesar"
       | (or was it Alexander?) as some sort of a compliment.
       | 
       | Modi, Bolsonaro... It's not just American politics that's touched
       | by these people.
       | 
       | There is a lot more that can and should be said about this topic,
       | that will come to light in the coming months and years. If you
       | work at Meta, you _will_ have to question what you did for a
       | paycheck. And you might not be able to live with the answers. The
       | Amazon rainforest is on fire because of you...
        
         | nickff wrote:
         | You say you know Facebook _"... a lot better than 99% of those
         | who will comment..."_ , could you be a little more specific as
         | to how/what you know? Are you talking about being personally
         | acquainted with executives, privy to internal communications,
         | or familiar with the code base?
        
         | JumpCrisscross wrote:
         | You're making two relatively-unrelated claims. One, that
         | Facebook--a wildly profitable publicly-traded company--is run
         | as a political machine. Two, that its employees bear moral
         | culpability.
         | 
         | The first claim is extraordinary. Is Facebook's leadership
         | powerful? Of course. Do they have undue influence in the U.S.?
         | Probably not. If anything, their government affairs unit is
         | laughably incapable of keeping its client from being a
         | perennial political punching bag.
         | 
         | The second claim has more substance. It's becoming increasingly
         | common, at least in regulatory and political circles, to hear
         | calls for holding individual employees responsible for
         | Facebook's actions.
        
           | trasz wrote:
           | >Do they have undue influence in the U.S.? Probably not.
           | 
           | Facebook can arbitrarily decide what millions of people will
           | see. And no reason not to use it whenever convenient.
        
           | mszcz wrote:
           | > If anything, their government affairs unit is laughably
           | incapable of keeping its client from being a perennial
           | political punching bag.
           | 
           | To be honest I'm pretty sure they are perfectly ok being a
           | political punching bag as long as that's where it ends and
           | no-one does anything substantial to them... Sadly, I don't
           | recall them really getting their teeth kicked in for anything
           | they did wrong.
        
         | TechBro8615 wrote:
         | This guy has a decade plus vendetta against Facebook [0] and
         | posts in all these threads. While I respect that, I wouldn't
         | read too much into this comment.
         | 
         | [0] https://news.ycombinator.com/item?id=3029872
        
           | Koshkin wrote:
           | Yet, "this guy"'s comment was an interesting read, while
           | yours was not.
        
             | TigeriusKirk wrote:
             | "I have a lot of info on this and more will come out in the
             | coming weeks and months" is no more interesting to me than
             | a typical 4chan larp post.
        
           | 93po wrote:
           | Having a strong opinion you're willing to advocate for
           | doesn't make the opinion any less valid in my book
        
             | throwayyy479087 wrote:
             | Quite the opposite
        
           | softfalcon wrote:
           | I read the comment you linked. They seem to be eloquent and
           | have good reason to dislike Facebook. Other commenters seem
           | to agree with their views as well.
           | 
           | I'm not sure what your intention is here, but this makes it
           | feel like you're taking a stance FOR Facebook/Meta and trying
           | to discount numair's feelings about FB which seem valid.
           | 
           | This reads like a bot/paid commenter trying to de-legitimize
           | real and honest discussion about the topic at hand.
        
             | TechBro8615 wrote:
             | I just noticed his username because I've seen it so often
             | in these threads about Facebook. And it seems dishonest for
             | him to level accusations while carefully wording his
             | comment to sound like an insider.
             | 
             | I posted the link for context. FWIW I agree with him on
             | most points, and I've just sent traffic to his 10 year old
             | post disparaging Facebook, so if I'm a paid shill I'm
             | pretty bad at it.
        
             | pvg wrote:
             | _Please don 't post insinuations about astroturfing,
             | shilling, bots, brigading, foreign agents and the like. It
             | degrades discussion and is usually mistaken. If you're
             | worried about abuse, email hn@ycombinator.com and we'll
             | look at the data._
             | 
             | https://news.ycombinator.com/newsguidelines.html
        
           | MichaelCollins wrote:
           | Pointing out a decade long track record of being right is a
           | strange way of trying to discredit somebody.
        
             | wmeredith wrote:
             | Bahaha. This is an excellent take.
        
             | TechBro8615 wrote:
             | Posting a comment deliberately constructed to sound like an
             | insider revealing information is dishonest. And I even
             | agree with him. I just thought his speculation needed some
             | context.
        
           | reidjs wrote:
           | If more people do what he's doing (rally against evil corps)
           | the world might be a better place
        
             | whimsicalism wrote:
             | It's funny that so much ire is directed at tech companies
             | when I think there are a number of other companies that
             | could be critiqued for much worse behavior.
        
               | int_19h wrote:
               | Here, at least, most of us are in the tech industry, so
               | ire directed at tech companies is us collectively trying
               | to get our house in order first.
        
               | barbazoo wrote:
               | Whataboutism, other companies are criticized just as much
               | or even more than FB. One can care about multiple things
               | at the same time.
        
               | MichaelCollins wrote:
               | Ah yes, the _" but we're not Exxon"_ defense. You know
               | things are bad when you have to stoop this low.
        
               | whimsicalism wrote:
               | Exxon? I think any company that employs a size-able
               | number of service workers is almost certainly doing
               | things more impermissible than FB/Meta.
               | 
               | Many of the critiques that people have of FB are just
               | critiques of what happen when large groups of people
               | communicate online. If that's what people have issue
               | with, I wish they would flag it.
        
         | notdarkyet wrote:
         | Can you elaborate a bit on what you mean here? Possibly some
         | examples?
        
           | 93po wrote:
           | It pretty clearly means that Facebook makes conscious
           | decisions on how to weight what is displayed to users with
           | the intention of politically influencing millions of people.
           | Examples are probably difficult unless there's source code
           | available from different eras of Facebook with a strict chain
           | of custody, which obviously won't happen.
        
         | dang wrote:
         | Would you please stop posting flamewar comments to HN? You've
         | been doing it repeatedly lately, and flamewars are what we're
         | trying to avoid here.
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
           | sam_goody wrote:
           | dang, you are awesome, and I appreciate your efforts at
           | keeping 4chan and Reddit away...
           | 
           | but IMHO his comment is not really flaming, especially as it
           | wasn't a combative response.
           | 
           | [A quick look at his other comments implies he is not a
           | troll, though a bit pessimistic.]
        
           | anigbrowl wrote:
           | I wish to read such posts. OP's comments are often
           | tendentious but also generally substantive. Given a history
           | of FB being criticized for the ethics of political
           | advertising both domestically and internationally, the
           | criticism seems on point to me.
        
             | pvg wrote:
             | There's nothing substantive about telling everyone how much
             | better informed you are followed by unsubstantiated dark
             | mutterings about how every time someone uses FB, a little
             | squirrel in the Amazon loses its home. There are lots of
             | better places to find an unlimited supply of this stuff
             | than HN, if you're into it.
        
               | anigbrowl wrote:
               | I'm sure you understand the meaning of 'generally', and I
               | note you're only addressing one part of the post in
               | question while ignoring the broader point - one which you
               | may not agree with, but which view is as valid as your
               | own.
        
               | pvg wrote:
               | What part of the post am I not addressing? It's basically
               | all generic bombast and invective. You can't really post
               | generic bombast and invective on HN, even if some people
               | like your generic bombast and invective because it's
               | generic bombast and invective. I'm sure I'm not telling
               | you anything you don't know about a forum we've both been
               | on for about 83771 million years.
        
           | codefreeordie wrote:
           | There is a world of difference between "posting flamewar
           | comments" and pointing out the problems associated with
           | Facebook's massive political influence campaigning.
        
             | dang wrote:
             | Sure, but they can overlap and it's the flamewar bits that
             | we don't want here.
        
         | [deleted]
        
       | colechristensen wrote:
       | With a fine per violation of $10,000 who cares? They say Meta did
       | hundreds of them... so a few million dollars. What's that, two
       | engineer years?
        
         | whiteboardr wrote:
         | Maybe time to rethink the way fines are determined.
         | 
         | I'd be very much in favour of the "swiss model" for traffic
         | fines - based on your income.
         | 
         | You did X wrong, here's the set price from our catalogue vs.
         | you did X wrong and based on your earnings, here's what you
         | owe.
        
           | sixothree wrote:
           | I spent some time in traffic court and it was clear how
           | punitive fines are for lower income.
        
           | hinkley wrote:
           | That may go some way to handle the perverse incentives as
           | well.
           | 
           | If I do something very illegal to double my revenue, I've
           | also doubled my fines.
        
           | jboynyc wrote:
           | Fines for GDPR violations work that way too. A severe
           | violation can be penalized with "a fine of up to EUR20
           | million, or 4% of the firm's worldwide annual revenue from
           | the preceding financial year, whichever amount is higher."
           | https://gdpr.eu/fines/
        
             | whiteboardr wrote:
             | "up to" is the problem at hands here.
        
         | [deleted]
        
         | JumpCrisscross wrote:
         | > _With a fine per violation of $10,000 who cares?_
         | 
         | The AG identified 782 violations and requested treble damages
         | [1]. That's $23mm right there, not including the state's legal
         | costs (which are also trebled).
         | 
         | [1]
         | https://agportal-s3bucket.s3.amazonaws.com/174_StatesMSJ.PDF
        
           | ska wrote:
           | Setting fines like this can always have an incentive problem
           | (see also extraction companies with "oops, I shouldn't have
           | mined/cute/whatever there").
           | 
           | I've always wondered if a sensible structure could be made to
           | ensure that the fine is at minimum a few multiples of the
           | possible benefit to the company. With advertising this is
           | harder than say, falling trees.
           | 
           | e.g. we estimate your company generate revenues of X from
           | this activity, so we set the fine at 10X. If you disagree
           | with X, you can prove it with detailed, audited statements,
           | and we will take 10 times that amount if we are convinced.
        
           | codefreeordie wrote:
           | If ignoring the law costs only $23mm every two-year election
           | cycle, Facebook probably figures that ignoring the law is
           | worthwhile.
        
           | munk-a wrote:
           | To actually impact Facebook and spur positive change they'll
           | need to impose a much higher penalty - perhaps this is out of
           | the domain of what courts can reasonably enforce and we need
           | the legislature to take action.
        
             | JumpCrisscross wrote:
             | > _they 'll need to impose a much higher penalty - perhaps
             | this is out of the domain of what courts can reasonably
             | enforce and we need the legislature to take action_
             | 
             | Washington requested and received injunctive relief [1].
             | Next steps would involve documented ongoing willful
             | violation, getting a contempt of court ruling and then
             | getting nasty with Facebook's assets and employees.
             | 
             | [1] https://agportal-s3bucket.s3.amazonaws.com/174_StatesMS
             | J.PDF
        
             | bogwog wrote:
             | If a single executive goes to prison for something like
             | this, even just for a few months, it will drastically
             | reduce the willingness to break the law from these
             | companies no matter how huge they are.
        
               | ulrashida wrote:
               | My thoughts exactly. Meta appears to be willing to throw
               | any amount of cash at a problem -- how many executives
               | are willing to be put in jail for the same goal? May be
               | time to strengthen the underlying legislation to include
               | criminal charges for repeat-repeat offenders at scale.
        
               | jsmith45 wrote:
               | Or my view:
               | 
               | Allow courts to "fire"[1] high level managers and
               | executives who either can be proven to have actual
               | knowledge, or who _should have known_ by nature of their
               | position that the crimes were occurring, and who failed
               | to take appropriate steps to try and prevent this from
               | continuing to occur[1].
               | 
               | This would only apply for significant enough crimes, and
               | only if the criminal nature of the action is clearly
               | obvious (This is not some gray area where people could
               | reasonably believe the actions are legal, even if it
               | turns out not to be), or when person in question was
               | clearly on notice that the actions are illegal such as
               | from previous fines or similar enforcement action.
               | 
               | This has benefits over criminally prosecuting the people,
               | since it allows ousting a person for severe incompetence
               | in preventing crimes, even if the incompetence does not
               | rise to the level of being criminal in itself. It is also
               | better than really large fines which tend to actually
               | punish the wrong people. (Big enough fines lead to
               | layoffs, punishing the low level employees who may not be
               | at fault. Big enough fines also tend to punish the
               | shareholders, which for public companies often don't have
               | anywhere near enough transparency into the workings of
               | the company to know the crimes are occurring, and
               | pressure the management/executives to fix things.). This
               | generally makes it in management's personal best
               | interests to actually investigate and stop crimes
               | occurring within the company, rather than trying to brush
               | it under the carpet or accepting fines as "the cost of
               | doing business". After all, getting forced out of the
               | company kinda hurts both their pride and their wallet.
               | 
               | [1] This "firing" would take the form of voiding the
               | employment contract, enjoining the manager or executive
               | from performing managerial/executive functions, enjoining
               | the company from continuing to employ the individual, or
               | from paying the person anything more than for time worked
               | not already paid. (Specifically no severance, no
               | executing golden parachute clauses, etc.)
               | 
               | [2] The nature of the crime, like OHSA violations might
               | be pretty much impossible to completely prevent, and
               | sometimes the person in question, might not have the
               | authority to issue orders that could completely prevent
               | the crime from continuing, but must have made reasonable
               | efforts to get the person who does have the authority to
               | to be aware and take actions.
        
           | ziddoap wrote:
           | $23mm to Meta is the same as a few dollars is to me. Just a
           | small operating expense.
        
           | avg_dev wrote:
           | You have put a smile on my face today.
        
         | hedgehog wrote:
         | If they had to comply with local law in every area they operate
         | it would be extremely complicated and expensive to manage. I
         | think they fear the precedent not the dollars in this specific
         | case.
         | 
         | Edit: To be clear my opinion is that FB should be forced to
         | comply, by federal action if necessary. That their business
         | depends on not taking responsibility for the messages they
         | choose to amplify is their problem and they should be paying
         | the cost of that.
        
           | msbarnett wrote:
           | > If they had to comply with local law in every area they
           | operate
           | 
           | ...then they would be on a level playing field with everybody
           | else. The alternative ("we don't care for some of these laws
           | in some places we operate, so we decline to follow them") is
           | what is generally referred to as a criminal enterprise.
        
             | mszcz wrote:
             | This a hundred times. Just because you're big doesn't mean
             | you get to choose what laws or rules you follow. If it
             | doesn't scale without rule breaking then, well, it doesn't
             | scale. They have enormous resources yet bitch and moan that
             | they'd have to spend some of them to follow the rules. Pff,
             | I'd make a shit ton more money if I didn't pay my taxes or
             | cheat people. How would that work out for me?
             | 
             | If a 1000 (or 10k, or whatever) businesses in aggregate
             | have a similar market cap and revenue to them while also
             | following the rules then I fail to see how a single company
             | has a problem with that. If it does then maybe splitting it
             | up will make things easier...
        
             | munk-a wrote:
             | Precisely this - not everything scales gracefully to "big
             | data" levels - some things require lots of customization
             | and edgecases - sometimes for dumb reasons sometimes not.
             | Given the effect Facebook has had on radicalization I am
             | not inclined to give them the benefit of the doubt here.
        
               | colechristensen wrote:
               | But it's not even that hard for large organizations to
               | comply with local rules like that. They just can't be
               | bothered apparently.
        
               | hedgehog wrote:
               | 100% agree.
        
           | sophacles wrote:
           | If that were true, why we do we see global oil companies,
           | global retailers, global restaurant chains, or global media
           | conglomerates? Do you think Walmart doesn't have to deal with
           | varying employment and product laws at the country, state,
           | and local level for each of its stores?
        
             | hedgehog wrote:
             | Do you think compliance in the industries you listed is not
             | extremely costly? In every case you see companies doing
             | what they can to shed cost and risk, local compliance being
             | one of them. FB should follow the law but the government
             | will have to make the cost of noncompliance higher than
             | compliance for it to happen.
        
           | _jal wrote:
           | "Compliance is hard" is not an excuse accepted anywhere.
           | 
           | But just in case you actually believe this should be
           | convincing, consider how many tax jurisdictions Facebook does
           | business in. Do you think they just ignore all those local
           | rules?
        
             | hedgehog wrote:
             | I believe they should be forced to comply by whatever means
             | we have and the liability should flow through to executives
             | and senior employees.
        
             | rvz wrote:
             | 'X is hard' shouldn't be used as an accepted defense or an
             | escape hatch as well either. Especially compliance.
        
             | bombcar wrote:
             | Facebook on one side "we can target your ads so specially
             | that you can narrow down to a given city block" and to
             | regulators "we can't narrow down closer than "United
             | States" when complying with laws, sorry".
        
             | wang_li wrote:
             | > "Compliance is hard" is not an excuse accepted anywhere.
             | 
             | Happens in government without any repercussions all the
             | time. Washington state took ten years after being ordered
             | by the state Supreme Court to fully fund education to
             | actually do it.
        
           | klyrs wrote:
           | The law isn't written to bend its will to multinational
           | corporations who are making the world's richest people yet,
           | somehow, cannot afford to follow the law. Nor should it be.
           | If it isn't profitable to follow the cornucopia of laws
           | regarding campaign advertising, then don't serve them!
        
       | bombcar wrote:
       | From that PR it seems _partial_ compliance is what got them
       | burned. They obviously knew what ads were political because they
       | put _some_ information about them up, but not all.
       | 
       | If they had simply not complied at _all_ and tried to blame their
       | customers for not classifying the ads correctly, it might have
       | gone a bit better in their favor.
       | 
       | Related, it's still insane that companies can basically argue
       | "this ad that thousands upon thousands will see cannot be
       | reviewed by hand even once because that would be too hard".
        
         | bushbaba wrote:
         | Because it is too hard while still letting the SMB market
         | access to the platform.
         | 
         | Requiring a human to review each ad increases the fixed cost of
         | serving a campaign.
        
           | ballenf wrote:
           | Surely a cutoff in impression #s for hand review would be
           | feasible? Even if the cutoff started absurdly high as
           | logistics were ironed out. And then no cutoff for certain
           | classes of ads, like political.
        
         | TremendousJudge wrote:
         | They need to argue that, because otherwise it would eat into
         | their bottom line to the point of unprofitability. You can't
         | run a service for billions of people with less than 100k
         | employees that also has an editor review everything.
        
           | gloryjulio wrote:
           | I am curious about how other similar platforms handle this
           | problem (like youtube) handles this kind of problems. If
           | someone could provide some insight it would be great
        
             | TremendousJudge wrote:
             | They are all the same way, maybe even worse. Google is
             | notoriously allergic to having real people in any step of a
             | workflow, even for paying customers. Twitter is currently
             | going through its own battle with the fact that a huge
             | chunk of the userbase isn't even real. Amazon product
             | quality is going down due to lack of manual quality
             | checking of their sellers. And so on. The culprit is always
             | the same: real people don't scale to the expectations of
             | shareholders, so everything gets automated, and then some
             | very real people show up and exploit the system.
        
           | pc86 wrote:
           | Billions of people are not buying Facebook ads.
        
           | giantg2 wrote:
           | If it's unable to comply with the law and stay profitable,
           | then maybe they should go out of business.
        
             | AnimalMuppet wrote:
             | Or change their business model.
        
             | TremendousJudge wrote:
             | Yeah, I completely agree. I wasn't trying to imply that I
             | condone their behavior.
        
             | ThePadawan wrote:
             | Fully agree! See also "loud pipes save lives".
        
           | sixothree wrote:
           | If they can afford to buy personal information about its
           | users, they can afford basic compliance.
        
           | dogleash wrote:
           | That's a terrible argument as the thing to be reviewed
           | (advertisement (not "everything")) is directly connected to a
           | revenue stream and the level of time spent on reviews scales
           | with the amount of income.
        
           | InitialLastName wrote:
           | "We can't follow legal requirements at this scale" isn't an
           | excuse we should be accepting from companies that want to
           | continue operating.
        
           | hazeii wrote:
           | How do they charge per advert? If I was paying someone
           | hundreds - or thousands - of dollars, I'd certainly expect
           | some degree of personal service.
        
             | whimsicalism wrote:
             | The "personal service" is that they have created an entire
             | social media platform just to serve your ads.
        
         | zh3 wrote:
         | Funnily enough, I was involved in a project that did
         | dynamically generated real-time adverts (specifically updating
         | betting odds in real time). It crashed and burned because
         | Facebook insisted every advert has to be reviewed and approved
         | beforehand.
        
           | whimsicalism wrote:
           | Yeah I think that would only really work as an in-house
           | feature.
        
         | freeAgent wrote:
         | Hard = cut into our profits.
         | 
         | If it can't be automated, Facebook isn't interested in
         | complying.
        
         | JumpCrisscross wrote:
         | > _If they had simply not complied at all and tried to blame
         | their customers for not classifying the ads correctly, it might
         | have gone a bit better in their favor_
         | 
         | This would have been blatant contempt of court. What they did
         | was _slightly_ less blatant.
        
           | morelisp wrote:
           | > contempt of court
           | 
           | what
        
           | pc86 wrote:
           | How so?
        
             | JumpCrisscross wrote:
             | > _How so?_
             | 
             | Facebook and Washington "entered into a stipulated judgment
             | that covered Meta's violations through November 30, 2018"
             | in 2018 [1]. (It required Facebook "no longer 'accept ads
             | that relate to Washington's state or local elected
             | officials, candidates, elections or ballot initiatives.'")
             | 
             | Not complying at all with requests from the AG, _i.e._
             | arguing they had no knowledge about the situation (versus
             | that they misunderstood the rules), could thus be
             | interpreted as willful violation of the judgement.
             | 
             | [1] https://agportal-s3bucket.s3.amazonaws.com/174_StatesMS
             | J.PDF _page 3_
        
         | throwawaypppu wrote:
         | They got done on not publishing data that, from my quick skim,
         | would not come from human review. e.g. targeting data etc.
         | 
         | I can only assume Meta feels the risk/costs of fines are less
         | than the bennefit of not disclosing who pays them big dollars
         | for targeting certain demographics. I.e not provide ammunition
         | for law makers to come after them in more costly area.
        
           | cogman10 wrote:
           | This is more a "they don't want the public to know" than law
           | makers. If law makers want that data, they can subpoena it.
           | Companies don't have any sort of privacy rights to prevent
           | governments from pulling their data.
           | 
           | What would happen if meta defied a subpoena? IDK TBH. Perhaps
           | a total shutdown until they comply? IDK if a company has ever
           | defied a congressional subpoena.
           | 
           | This case was about civil liability so the rules are all a
           | little different. Not giving data during discovery generally
           | means adverse inferences are made by the court (IE, this data
           | is so bad that we have no choice but to believe what the
           | plaintiff is saying about it).
           | 
           | Defying subpoenas, though, generally results in contempt and
           | fines. For an individual, that'd mean jail time.
        
       | TrispusAttucks wrote:
       | Tangentially related: [1] Zuckerbucks topic covered by the
       | Foundation for Government Accountability.
       | 
       | [1] https://thefga.org/zuckerbucks/
        
       | balozi wrote:
       | Maybe this is simply bad law. What narrow governmental interest
       | would be served by such a law? Meta should fight this based
       | purely on principle.
        
         | [deleted]
        
         | cogman10 wrote:
         | So long as the law doesn't violate constitutional or federal
         | legal protections, states get to pass whatever laws they like,
         | no matter how onerous. There is no "narrow governmental
         | interest" test facebook can argue to eliminate a state law.
         | They have to argue that somehow their federal rights have been
         | violated.
         | 
         | States rights and all.
        
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