Senate Commerce Vows to Move Bill After Whistleblower Testimony

Congress will move forward with legislation to roll back Communications Decency Act Section 230 immunity and give victims of online harm legal remedies against amplified content, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., told reporters Tuesday. Members of the subcommittee are “very engaged” on the issue, and it’s going to be a priority to find consensus, said ranking member Marsha Blackburn, R-Tenn., speaking to reporters after a hearing with Facebook whistleblower Frances Haugen (see 2110010047).

Facebook disagrees with the characterization of many issues Haugen testified on, Policy Communications Director Lena Pietsch said in a statement. The company agrees on the need for new rules for the internet, which haven’t been updated in 25 years, she said: “Instead of expecting the industry to make societal decisions that belong to legislators, it is time for Congress to act.”

The statement was “very defensive and demeaning” of Haugen, said Blumenthal. He called for CEO Mark Zuckerberg to testify voluntarily before the Senate Commerce Committee so that legislators can understand why he ignored recommendations from experts about teen mental health issues linked to Instagram.

Members should discuss the possibility of issuing a subpoena for the remaining documents from Facebook, beyond what Haugen has already shared, said Commerce ranking member Roger Wicker, R-Miss. He wouldn't comment further until it’s discussed internally with the committee.

The question of issuing a subpoena for Zuckerberg’s testimony is a little “premature,” Blumenthal told reporters. He wants to speak to Chair Maria Cantwell, D-Wash., about options, and he hopes Zuckerberg will testify voluntarily. Haugen’s testimony gives Congress a “common ground” to examine and means the issues are no longer “hypothetical,” Cantwell told us. “There’s newfound appetite for enacting the kinds of reform that would get this platform under control,” Sen. Brian Schatz, D-Hawaii, told us.

There’s always reason for skepticism about congressional action, said Blumenthal: Sometimes, an issue gains enough attention that it spurs movement. This could be one, he said. Blackburn said her work with Blumenthal last year on the Senate Judiciary Committee tech task force will carry over, and Congress should move forward with transparency requirements for platforms, privacy legislation and Section 230 updates. It could be comprehensive or a piecemeal approach, said Blumenthal.

Haugen testified that if Congress made Facebook responsible for the consequences of its content ranking decisions, “I think they would get rid of engagement-based ranking.” Platforms need to be made less viral, she said. Kids growing up now have to deal with harms and cyberbullying on online apps, she noted. She repeatedly told the subcommittee that Facebook is actively marketing to people under 18 and as young as 8. Zuckerberg knows that to continue expanding, the platform must continue getting new and younger users. She asked Congress to make it mandatory for Facebook to share publicly its internal research.

The company described Haugen as a “former product manager at Facebook who worked for the company for less than two years, had no direct reports, never attended a decision-point meeting with C-level executives -- and testified more than six times to not working on the subject matter in question.”

Haugen’s revelations show some “disturbing” findings, Wicker said. These addictive products are feeding concerns from both parties, he said. Facebook knows its content amplification can lead children from innocuous topics like recipes to anorexia-promoting content, said Haugen. It doesn’t help that Zuckerberg has ultimate control without anyone to truly hold him accountable, said Haugen. Sen. Amy Klobuchar, D-Minn., highlighted some key findings, including 13% of teen girls on Instagram said the platform made their suicidal thoughts worse.

Senate Minority Whip John Thune, R-S.D., called for support for his Pact Act, co-authored by Schatz (see 2103220060). Schatz noted it’s the only bipartisan proposal on Section 230. Facebook knows that posts getting extreme reactions from users get the most reshares, and this increases profitability, said Haugen. Her testimony shows Congress needs to resolve its differences and pass legislation, said Sen. Jerry Moran, R-Kan., who has been in discussions with Blumenthal about privacy legislation. The differences seem minor in the face of the latest revelations, said Blumenthal. Moran agreed.