Advocates Seek Hill Probe, Ban on Kids' Instagram

Congress should investigate Facebook, subpoena its internal research about youths and block the platform’s plans to launch an Instagram for kids, consumer advocates told us Friday. They joined calls from Democrats and Republicans urging Facebook to drop those plans.

Fairplay called for an immediate congressional probe and subpoenas. Individual members should call for an end to the plans, said Executive Director Josh Golin of the group, formerly the Campaign for a Commercial-Free Childhood. He noted such requests have come from Sens. Ed Markey, D-Mass., Richard Blumenthal, D-Conn., and Brian Schatz, D-Hawaii, and Reps. Cathy McMorris Rodgers, R-Wash., Kathy Castor, D-Fla., and Lori Trahan, D-Mass. Facebook didn’t comment.

Congress could block Instagram’s plans as it did when the federal government placed restrictions on TV advertising for children, tobacco ads and other dangerous practices threatening children’s health, said Consumer Watchdog President Jamie Court: “There’s a compelling state interest in doing so and Congress could, if it wanted, ban such behaviorally manipulative social media for children.”

Thursday’s Senate Consumer Protection Subcommittee hearing with Facebook Global Head-Safety Antigone Davis (see 2109300074) left members with more questions than answers, Sen. Ben Ray Lujan, D-N.M., told us. Facebook isn’t willing to share all of its research showing the platform is targeting young users, especially girls, he said. The internal research would likely show revenue-driven decisions regarding youths, he said. The hearing highlighted the importance of testimony from a Facebook whistleblower coming Tuesday, he added.

Business incentives can fuel some pushback, just as book publisher trade associations resisted new laws related to child pornography in the 1980s, Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, told us. Whether it’s Facebook or book publishers, “they don’t want anybody to fool with their business,” he said: That's regardless of whether the legislative pursuit is correct.

Lawmakers are more interested in theater than solving the underlying issues, said NetChoice Vice President Carl Szabo. This “laser focus” on Instagram is taking attention away from the bigger problem: mental health issues involving children and teens, he added. The government should provide mental health resources, not try to control the internet, he said: Congress could also call for agencies to study the effects of the internet on youths.

Suggestions were made to CEO Mark Zuckerberg to take issues seriously and act four years ago when the Cambridge Analytica scandal broke, said Sen. John Kennedy, R-La.: “They clearly haven’t.” But Congress hasn’t acted, either, he said: All legislators have done is pontificate, issue news releases and hold hearings, he said. “I’m very frustrated that we have done nothing,” he said. “Zero.” He estimated he has seen some 250 pieces of legislation. “Everybody’s got a bill, but nothing ever moves,” he said.

Senate Antitrust Subcommittee ranking member Ken Buck, R-Colo., expects the House to take up Big Tech legislation (see 2109280067) in November, he told us. He’s “not surprised at all” the bills haven’t gotten floor time, he said. “We anticipated all along that it would take us a while to communicate with our colleagues and visit different caucuses,” he said, noting the August recess. “If you talk to me at the end of the year and they haven’t hit the floor, then I think I’d be surprised. But this is the legislative process.”

Any Congress members opposing Instagram for kids should support the Kids Internet Design and Safety Act from Markey and Blumenthal, as well as updates to the FTC’s Children's Online Privacy Protection Rule (see 2109300074), said Golin: “We need legislation to address the damaging design and predatory data collection practices of platforms like Instagram.” Calls for Facebook to abandon or suspend its launch reflect a current lack of trust in digital platforms, said Digital Citizens Alliance Executive Director Tom Galvin.

Instead of blocking development and innovation, Congress should work with the private sector to “offer solutions and evaluate products before they judge them,” said Information Technology and Innovation Foundation Vice President Daniel Castro. Kids are online, and companies are building services to keep them safe, he said: “Creating age-appropriate apps is one way of addressing this need -- by creating services targeted to younger children, companies can get more children off of online services built for older users.”