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'Same Old Game'

YouTube, TikTok, Snap Say They Will Share Research With Congress

YouTube, TikTok and Snap agreed to share internal research with the Senate Consumer Protection Subcommittee, the companies' representatives told a hearing Tuesday. Chair Richard Blumenthal, D-Conn., told us he’s going to hold them to that promise and use the findings to develop a full picture in pursuit of legislation.

Democrats focused on expanding liability for platform algorithms under Communications Decency Act Section 230. Some Republicans focused remarks on TikTok’s data-sharing with parent company ByteDance and potentially the Chinese government. Ranking member Marsha Blackburn, R-Tenn., told us she wants to see the research. TikTok and ByteDance are “capturing more data than anybody else,” she said. “This is a problem.”

Blumenthal told reporters the Senate Commerce Committee is considering updating the Children’s Online Privacy Protection Act to include a standardized age verification process. Companies “have the technology,” he said.

TikTok supports an update for COPPA, said Michael Beckerman, head-public policy. He stopped short of supporting specific legislative efforts from Sen. Ed Markey, D-Mass., but said if Markey includes age verification, the bill is something TikTok would have to support. Jennifer Stout, Snap vice president-global public policy, agreed there should be additional protection for young people, but only committed to talking more with Markey about specific provisions.

This is the same old game,” said Markey. Leslie Miller, YouTube vice president-government and public policy, welcomed “continued discussions” with Markey. In addition to sharing research, all three companies agreed to subject their algorithms to independent assessment, rather than handpicked researchers. Stout noted her company’s research shows 95% of users say Snapchat “makes them happy.”

The SEC should start an investigation of Facebook, Blumenthal said, citing testimony from whistleblower Frances Haugen and the link between the platform and youth mental health issues (see 2110050062). Facebook misled the public and shareholders and potentially inflated the number of users on Instagram, said Blumenthal.

Facebook is “always ready” to answer regulators’ questions, a spokesperson emailed. Its extensive SEC disclosures include estimates for duplicate and false accounts and how to keep the platform safe, the company said: “All of these issues are known and debated extensively in the industry, among academics, and in the media. We are confident that our disclosures give investors the information they need to make informed decisions.”

Young people are “flocking” to platforms like YouTube, said Blackburn. She noted staff viewed videos on the platform of people “slitting their wrists.” The content is fed to children through algorithms even if they lead children to danger, she said.

Blumenthal asked Miller if YouTube would support a ban on targeted advertising for kids. Miller said the platform limits this, so it’s not waiting for new laws. Blumenthal told reporters that “good intentions” aren’t enough. Even the safest drivers need speed limits, red lights and stop signs, he said.

Sen. Amy Klobuchar, D-Minn., discussed examples, sometimes deadly, of young people finding drugs, often laced with fentanyl, on Snapchat. Stout said Snapchat has stepped up proactive measures to remove drug dealers from the platform and deployed an education and awareness campaign, calling it a “priority.” Liability might make the company work “even faster,” said Klobuchar. Blumenthal said he appreciated the reference to extending liability as an incentive.

Senate Minority Whip John Thune, R-S.D., continued to press for support for his legislative efforts that would increase transparency and choice for platform algorithms. Beckerman told him TikTok agrees there’s a need for both. Mille cited YouTube’s quarterly transparency reports, and Stout said Snapchat’s algorithms only apply to a “small set of content.”

Sen. Ted Cruz, R-Texas, hammered Beckerman over TikTok’s privacy policy, which says the company can share the information with any parent, subsidiary or affiliate in its corporate group. That includes biometric data for ByteDance, said Cruz. Beckerman denied throughout the hearing that TikTok shares any data with the Chinese government: The data is stored in the U.S. and backed up in Singapore, he said. He noted the company’s U.S. security team controls access. Cruz asked him repeatedly if ByteDance is part of TikTok’s corporate group before Beckerman conceded it is.