Facebook for Business:  Use at Your Own Risk?

COVID-19 shutdowns naturally affected some businesses more acutely than others, and many who felt the sting turned to entrepreneurism. Some saw new ventures as their only options, while others viewed the crisis as a forced opportunity to try something they had long dreamed of pursuing. No matter what motivates people to take that career leap, it’s a safe bet that nearly every entrepreneur will make more extensive use of internet platforms like Facebook to promote and/or directly sell their products or services.

The opportunity for low-cost, DIY entrepreneurism has always been one of Big Tech’s most effusive promises. And in fairness, many self-starters, from jewelry designers to storytellers, do successfully use free platforms to attract fans and customers without the need for intermediaries or costly infrastructure—or even a unique website in many cases. But what the major Silicon Valley companies failed to mention, of course, is that the ways in which they built their platforms and their business models on a laissez-faire approach to online moderation also created new opportunities for entrepreneurs in hacking, identity theft, piracy, and scams.

In a recent example, I know of one an old school friend (we’ll call her Sally) whose storefront business was critically affected by COVID shutdowns, and among the choices she made in response was to launch a podcast series. Whether she expects the podcast itself to eventually generate revenue, or simply to be a vehicle that will keep her in touch with the market while she rebuilds the original business does not really matter. It was a new venture, and people started tuning in, and like any self-starter, she would see where the podcast might lead.

But a few weeks ago, Sally announced that both the Facebook page she had created for the podcast and the page for the original business were hijacked, apparently by foreign actors. The hackers took over the admin for Sally’s pages, renamed them, and (it appears) began promoting a completely unrelated line of products to a foreign market. Why the hackers slaved her pages, which did not have thousands of followers, rather than create their own Facebook presence is unclear, but what is clear is the remedy Facebook was willing to offer when Sally contacted them for help:  not a damn thing.

To put it bluntly, Facebook told Sally she wasn’t a big enough deal for them to do anything for her, and the implications of this Emperor’s New Tech Support should be chilling to every entrepreneur on the platform, whether they’re small retailers or artists. Facebook informed Sally that they could have helped her if her page were “verified,” which does not seem to mean much because bullet point Four under the requirements to receive a “verified” badge is that the user must be “Notable: Represent a well-known, often searched person, brand or entity.” So, a big deal then.

Facebook makes a fortune from the commercial uses of its platform, and it promotes those features to everyone, but apparently without any obligation to support everyone. Why the hell not? A company with the computing power and influence of Facebook ought to be able to at least shut down a hacked page, if not fully restore it to its rightful administrator. And if this really cannot be done, the company should be required to post a warning label for less “notable” users informing them that they’re basically on their own when it comes to security.

Meanwhile, I have seen friends put in “Facebook jail” for making jokes its moderators (or algorithms) don’t understand. In fact, my colleague David Lowery made a Bugs Bunny reference about “Killing the Wabbit” in one of his posts, and some Magoo flagged it for inciting violence and gave David a time out to think about his behavior. It seems to me that if Facebook can screw up so exquisitely and with such granularity that it homes in on a single Looney Tunes reference, the company has the ability and obligation to help the Sallys of the world recover their pages from hackers.

In no other context would consumers tolerate a company declaring that it has built a system too big to manage. Nowhere in Facebook’s promotion of its commercial services do we see bold, red warning signs that say Use at Own Risk. The reasonable expectation in the market remains that when a company sells something, it bears certain obligations to its customers. My bank has tens of millions of customers worldwide, and I am by no means a “notable” customer. But if a fraudulent use of my card were to occur, it will be immediately and effectively addressed, and the bank will even eat the fraudulent charges. So, really? Facebook can’t help victims of hackers get their pages back? Really?


Illustration by: VIGE

Maybe Google Means “See No Evil”

Yesterday, Google chairman Eric Schmidt was interviewed on public radio and simulcast on Google Hangouts.  WAMU’s Diane Rhem threw softballs, slow and over the plate at Schmidt, providing a friendly platform for the chairman to evangelize the many ways Google makes the world a better place.  Coincidentally, I happened to be editing the following:

For those who don’t know, ChillingEffects.org is a database and website managed by the Electronic Frontier Foundation and The Berkman Center for Internet & Society.  It is a presumptive watchdog over the presumptive misuse of DMCA takedown notices — the implication being that free expression is “chilled” whenever such an abuse takes place.  In principle, this might seem like a reasonable thing for the EFF to oversee; after all, we don’t want free speech to get chilly, even if there is diminishing hope that speech is necessarily getting anymore valuable in the digital age.  But it turns out that whenever, say, Google receives a DMCA takedown notice for a link to infringing material, every one of these complaints is sent to ChillingEffects so that users are, in principle anyway, able to read the details of the complaint from the notice sender.   So for example, if you were to search the term “Expendables III,” which was weeks ago leaked before its theatrical release, you would find among the search results a notice from Google that reads as follows:

In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.

In many cases, the link to the complaint will not provide the user with much information, and it’s a bit of a mystery what most users might do with the information anyway.  After all, if you’re the creator of a file like a YouTube video that is taken down by a rights holder, you can have access to the information needed to rectify the fault, if indeed it was a false claim.  What’s truly obnoxious about this notice, and even the name ChillingEffects itself, is the not-very-subtle implication that DMCA takedowns are by default abusive and generally chill free expression. Ya see what they did there?  And by they, I mean Google, which funds ChillingEffects to no one’s surprise I’m sure.  Now, enter the Hollywood hacked photo scandal and a twist on that story that, as Eriq Gardner recently wrote for The Hollywood Reporter, “might reveal something about Google’s policies toward flagged copyrighted content.”

What Garder is referring to is the fact that former Kate Upton beau, Detroit Tigers pitcher Justin Verlander, delivered via his attorneys takedown notices identifying 461 URLs that were hosting racy photos of him and Upton. Of those URLs, Google removed links to 51%, drawing a distinction, according to Gardner, between nude photos and racy-but-clothed photos, irrespective of the fact that all of the photos in question were indeed stolen and are being published without permission.  Never ones to lose an opportunity to be complete tossers about copyright, Google is supposedly relying on an untested legal theory that the copyright holder of a selfie can only be the button pusher at the time of the taking.  This seems hardly relevant with regard to the matter of just acting like decent human beings; if images are known to be stolen, and the subject(s) of those images request that your for-profit search business remove links to them, you ought to do it on principle alone.  But this is not the mindset of the web industry despite its many self-aggrandizing proclamations as the engineers of social change for good.

Google seems to be concerned with a much higher principle than invading the privacy of a baseball star, a supermodel, or frankly you or me, and that’s the principle of doing whatever the hell it wants without consequences.  I think Gardner is right and that Google would love nothing more than a court case to affirm its position that these photos, though acquired illegally, are not the intellectual property of Mr. Verlander and that he, therefore, has no right to request their removal under DMCA.  This could even prove to be technically accurate; the copyright owner of a photo is the individual who exercises sufficient creative control (not the button pusher), so these images could still be the intellectual property of Miss Upton if indeed they were hacked from her account.  But that doesn’t mean Google isn’t benefitting from traffic driven by a prurient interest in seeing photos that were stolen and believed to be secure by their owners.  And Gardner also raises a valid point about ChillingEffects when he writes, “Google has in effect provided a road map for any voyeur looking for sites that refuse to remove stolen photos.”

All of this falls within the scope of the broad agenda maintained and well-funded by the Internet industry to foster a policy of “anything goes.”  As long as we allow them to gloss over privacy invasions, infringements on intellectual property, and profiting from social harm in the name of free speech, we only end up harming free speech in the long run.

The Nation of Reddit

From Redditor yishan:

“…we consider ourselves not just a company running a website where one can post links and discuss them, but the government of a new type of community. The role and responsibility of a government differs from that of a private corporation, in that it exercises restraint in the usage of its powers.”

Shh.  I won’t say anything right away. Just let those words tromp around in your mind for a few moments.  Let the hubris of them get mud all over the carpet and sticky Cheetos fingerprints on the door frames…

 Okay.  Here goes…

In a blog post entitled Every Man is Responsible for His Own Soul, paraphrasing a line from Shakespeare’s Henry V, Redditor yishan explains why Reddit removed a subreddit called TheFappening, making sure to point out that the decision was not based on the content of the thread, which unambiguously refers to masturbating while viewing stolen nude photos of the female celebrities, who were victims of the recent hacking.

In case anyone is confused as to exactly how self-aggrandized social media site owners can be, the managers at Reddit, it seems, perceive their enterprise to be a new form of government.  The Nation of Reddit, if you will, founded not so much on ideas or achieved by blood or steel, not by men (or women) who signed their names to a declaration and risked their lives, but by avatars who speak with the courage of anonymity and wring their virtual hands over the moral implications of profiting from exploitative jerking off.  What exactly will the flag of this new sovereign society look like?  Crossed swords, I suppose.

Though Reddit is a young nation, Ambassador yishan, exhibits the diplomatic nuance of a veteran stuffed suit when he proclaims, “Virtuous behavior is only virtuous if it is not arrived at by compulsion.  This is a central idea of the community we are trying to create.”  Once again, perhaps we should pause and just let the big idea resonate for a moment…

Right.  Moving on…

It’s true, of course.  Virtuous behavior can only be called virtuous when it is altruistic.  But failing that, sometimes we have to tell the assholes to knock it the hell off.  You know the ones — the guys who stand up and go for the luggage compartment while the plane is still taxiing.  Yeah, even in the freest of countries, that clown has to be told to sit back the fuck down in case the pilot has to step on the breaks and thus turns him into a 180-pound idiot projectile.  In a similar way, The Nation of Reddit could certainly choose to support free expression, even of the most puerile gibberish, while drawing a fairly clear line that it will make every effort to avoid benefiting from someone else’s misery.  Professional news organizations draw lines between coverage and exploitation all the time, and free speech manages to survive, but I guess that’s elitist.

As pointed out in this excellent piece by Ellen Seidler, The Nation of Reddit is actually a satellite state of the empire CondeNast Publications, and its wealth, like most web nations, comes from tourism (i.e. advertising).  As such, stolen celebrity nude pictures unquestionably bring the visitors in profitable numbers, but apparently, the government of Reddit feels it would be morally objectionable to refuse this windfall, which is nothing more than a byproduct of its absolute defense of free expression.  But as Seidler also points out, non-celebrities, usually women, who don’t have the resources of movie stars are frequent, un-reported victims of misappropriation of their images that are then exploited by stateless nations like Reddit and the rogue 4Chan.

The actual quote from Henry V comes in the scene when Harry walks cloaked in disguise among his men on the night before the battle at Agincourt.  A soldier, Williams, opines that the virtue of the war and the inherent sinfulness of death in battle is the sole moral responsibility of the king.  But within in the ensuing monologue, Harry replies, “Every subject’s duty is the king’s; but each man’s soul’s his own.”  It is poetry, but it is also a poor reference for a modern, free, and democratic society far removed from ancient monarchy.  Because our more enlightened view is that we do blame the leadership and not the soldier for entering into a bad war.  And we do hold business owners, the ones who make the real money, responsible for the manner in which they earn their revenues.

But here’s the main message we might send The Nation of Reddit:  If you’re apologizing for shutting down a thread called TheFappening, at least spare the world your ideological bullshit as if we’re supposed to think you’re doing something important.