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Facebook Fought Rules That Could Have Exposed Fake Russian Ads (bloomberg.com)

According to Bloomberg, Facebook has for years fought to avoid being transparent about who's behind election-related ads online. "Since 2011, Facebook has asked the Federal Election Commission for blanket exemptions from political advertising disclosure rules -- transparency that could have helped it avoid the current crisis over Russia ad spending ahead of the 2016 U.S. election," reports Bloomberg. From the report: Communications law requires traditional media like TV and radio to track and disclose political ad buyers. The rule doesn't apply online, an exemption that's helped Facebook's self-serve advertising business generate hundreds of millions of dollars in political campaign spots. When the company was smaller, the issue was debated in some policy corners of Washington. Now that the social network is such a powerful political tool, with more than 2 billion users, the topic is at the center of a debate about the future of American democracy. Back in 2011, Facebook argued for the exemption for the same reasons as internet search giant Google: its ads are too small and have a character limit, leaving no room for language saying who paid for a campaign, according to documents on the FEC's website. Some FEC commissioners agreed, while others argued that Facebook could provide a clickable web link to get more information about the ad.

Facebook wouldn't budge. It warned that FEC proposals for more political ad disclosure could hinder free speech in a 2011 opinion written by Marc Elias, a high-powered Democratic lawyer who later became general counsel for Hillary Clinton's 2016 campaign. Colin Stretch, a top Facebook lawyer, said the agency "should not stand in the way of innovation," and warned that such rules would quickly become obsolete. When it came time for the FEC to decide in June 2011, the agency's six commissioners split on a 3-3 vote. Facebook didn't get its exemption, so an advertiser using its platform was still subject to a 2006 ruling by the FEC requiring disclosure. But the company allowed ads to run without those disclaimers, leaving it up to ad buyers to comply.

12 of 193 comments (clear)

  1. Wait a minute. by mark_reh · · Score: 5, Insightful

    Every time I follow a link to a news story, the web site puts a popup on my browser that says I should turn off my ad blocker. Are you going to tell me that Facebook can't generate a popup that shows the source of an ad when you simply move you mouse or pointer or finger over the ad? I have a hard time believing that.

    1. Re:Wait a minute. by ShanghaiBill · · Score: 2, Insightful

      Are you going to tell me that Facebook can't generate a popup

      Of course they can, but that isn't the point. Their objection is not that it is difficult, but that it is wrong. The law does not require them to disclose the source. Nor should it. Here is the 1st Amendment:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      Please explain where in the phrase "no law" you can fit a law requiring the disclosure of the source of political speech.

    2. Re:Wait a minute. by rtb61 · · Score: 1, Insightful

      This whole story is a crock of shit. Can Facebook block foreign ads, no, abso-fucking-lutely impossible. Why, seriously how stupid are people buying into US government propaganda and click bait of the worst order. Foreign ad, pay a person at the locale of choice to place the ads for you, no skill, no, ability, just a citizen who is absolutely legally contracting out labour. Not that I would mind a global ban on Ads and corporate propaganda coming out of the US. Think of all the movies and TV series that could be banned because of product placement ads for foreign products, this from a collapsing entirely corrupt power mad state, the USA, which routinely puts it's self serving arrogance and ignorance, hypocrisy, government deceit, betrayal of allies and of course we can do it to you because we will kill you with nuclear missiles but you can't do it to use because we will kill you with nuclear missiles and from the words of the idiots themselves, publicly advocating genocide, killing your entire population, not just the opposing government.

      Just another part of the shite show that failed to get the corporate whore elected, looking to distract from policies like universal health care, a living wage for all workers, equal access to democracy and equal access to justice. Here look at this hand full of nothing, whilst they slap in the face with the hand full of shit and you had better like it. Will you people not wake up. This bullshit is all about preventing discussion of real issues about funding of the war industrial complex, where the bulk of funding disappears in profits and corruption, whilst you idiots allow your infrastructure to collapse around you.

      Unless you actively tell them to shut the fuck up about this bullshit and pay attention to the real issues, this shit show will continue, you gullible idiots.

      --
      Chaos - everything, everywhere, everywhen
    3. Re: Wait a minute. by Anonymous Coward · · Score: 2, Insightful

      I don't give a fuck who bought the ads. If people are fucking stupid enough to let it sway their opinion then they deserve Trump-Clinton for PotUS.

    4. Re:Wait a minute. by Anonymous Coward · · Score: 5, Insightful

      This law does what the Constitution says "no law" can do. So how is that not a violation?

      The text of the 1st amendment does not run "Congress shall make no law ... abridging the freedom of foreign intelligence services to undermine this Constitution." It provides no constitutional guarantee of anonymity such as you appear to claim nor does it prohibit laws requiring disclosure in regard to political advertising.

      Indeed, as the distinction between prohibiting certain US persons from publishing political ads (clearly unconstitutional) and the requirement of those persons to disclose themselves (not unconstitutional) was made clear in Citizens United v. Federal Election Commission 558 U.S. 310 (2010), your position would appear difficult to sustain.

    5. Re:Wait a minute. by mrclevesque · · Score: 3, Insightful

      It's not "no law". It's "no law [...] abridging".

      If you try to speak, and the government stops you and threatens to arrest you if you speak without identifying yourself, then that is an abridgment of your right to free speech.

      "Congress shall make no law ... abridging the freedom of speech, or of the press"

      I don't see how political add disclosure curtails or reduces a corporations' ability to speak.

  2. Sounds familiar by quonset · · Score: 4, Insightful

    This is exactly what the banks and Wall Street firms did from 2005 - 2007. Every time a bill came up which would require them to be more transparent, to have greater oversight applied, to hold more cash on hand, they fought it tooth and nail. Their claim was all those "rules" would defeat their competitive nature in the financial markets. Don't worry. They knew what they're doing. It was different this time.

    We saw how that worked out.

    Now here we are, with Facebook having done the same thing and having to face up to the reality of why those rules were necessary. It will be interesting to hear the excuses Zuck throws out. He's already given his faux apology and faux promise to make things better. All that's left is for him to flip us the middle finger like Jamie Dimon and Lloyd Blankfein have done and the circle will be complete.

    At least the Senate investigation into Russian collusion is still going strong and expanding.

  3. Re:"current crisis over Russia ad spending" by Anonymous Coward · · Score: 1, Insightful

    Don't you know what the crisis is? Trump got elected. That has to be someone's fault, and it can't possibly be the Democratic Party.

  4. Re:"current crisis over Russia ad spending" by ClickOnThis · · Score: 2, Insightful

    It is against the law for foreign nationals to spend money to try to influence US elections. Russia did this en masse in 2016. So yes, crisis.

    --
    If it weren't for deadlines, nothing would be late.
  5. Re:Podesta's leaked emails proved Facebook... by Anonymous Coward · · Score: 2, Insightful

    The alternative is to believe that Hillary and her team made bad decisions and also did not spend all that money effectively.

  6. Re:"current crisis over Russia ad spending" by HermMunster · · Score: 5, Insightful

    Including having the UK Parliament publicly make statements about Trump's mental health and or fitness for office before the election? How about that? How about the US media that aired those abusive statements and comments? How on Earth do you enforce any of it?

    What law, BTW? What law says that they can't post political ads?

    What about Hillary's campaign working with Ukraine on getting the dirt on Trump? How about the Hillary campaign using a business that paid for the dirty dossier generated by an ex member of the UK intelligence agencies? How about once an intelligence agent then always an intelligence agent?

    At what point do you cease allowing the political party a say on when and what will be enforced?

    --
    You can lead a man with reason but you can't make him think.
  7. Trump the victim? by Anonymous Coward · · Score: 1, Insightful

    Waaa waaaa waaaa..... Ukraine tried to stop Trump getting elected..... it's all a plot of Ukraine, in cooperation with the UK..... and the NFL..... and Mexico... and the deep state..... McCain, rogue Republicans....waaaaa waaaa waaa.

    It's pathetic to hear yet another whining excuse.

    Yeh, Trump is such a victim, we get it. And he's endlessly bleeting about how America is a victim.