Facebook CEO Mark Zuckerberg’s congressional testimony last week illuminated shortcomings in how the United States has responded to the digital age. Among them are a failure to adequately safeguard the privacy of citizens, a reluctance to hold big business accountable, and a lack of understanding of the issue among senators.
It also illuminated the need for Congress and state legislatures to protect consumers and establish standards for social media companies.
The odds of that happening appear slim in the wake of Zuckerberg’s testimony, which included now-tiresome apologies for failing to keep private data private. Facebook — and similar companies — cull mountains of information regarding the personal lives and personal preferences of citizens for the purpose of selling that information to advertisers. It is a smart business model, one that has made Zuckerberg a billionaire many times over, but it is one that belies the idea of privacy. For example, Facebook collects data even about people who are not members of the site.
All of this has drawn new attention in the wake of the 2016 election. Facebook exposed the data of up to 87 million users to a Russian-American researcher at Cambridge Analytica, a company that worked for the Trump campaign.
Regardless of the influence of Cambridge Analytica and its targeted advertisements (and targeted fake news) during the campaign, the fact is that those who voted for Donald Trump had myriad reasons for doing so. It would be inaccurate to suggest that the meddling swayed the election, but it also would be misguided to ignore the impact outside forces are having upon our democratic system.
The failure of the United States to take data privacy seriously stands in contrast to what is being done in Europe. On May 25, the European Union will enact the General Data Protection Regulation, a new privacy law designed to ensure that consumers understand what information is being collected. Among the provisions, companies that collect data must request consent from users; firms must notify users of a data breach within 72 hours of discovering it; and companies must allow users to request a copy of the information that has been collected about them.
Judging from last week’s hearings, such detailed protections appear to be beyond the scope of Congress, as several senators revealed they have little understanding of how Facebook and social media work. In questioning Zuckerberg about possible oversight, Sen. Lindsey Graham, R-S.C., said, “OK, would you submit to us some proposed regulations?”
Allowing the fox to guard the henhouse has become all too common for Congress, which frequently allows stakeholders to devise solutions for the problems they have created. Consulting experts who can view an issue from all angles would be a far more effective approach. As Lee Drutman wrote for Vox.com: “This is how corporate power works in Washington these days. Time and time again, it’s the industry lobbyists who write the bills. That’s just what Graham is used to seeing. Why should this time be different?”
The loser in that process is the public. Four years ago, big tech companies fought against a proposed online bill of rights; that opposition has had predictable results. Citizens should let lawmakers around the country know that we expect our online activity to remain private instead of allowing it to be viewed as a vein of gold ready for mining.
