Meeting Packet - Commerce Committee, Technology Transparency Workshop (February 17, 2021)
Summary
Meeting packet for the Commerce Committee meeting on Wednesday, February 17, 2021, at 4:00 PM. The agenda lists a workshop on Technology Transparency Draft Legislation and a presentation on Social Media and Society by Andrew Selepak, Ph.D., University of Florida College of Journalism and Communications. A workshop summary says the bill requires large scale ($100m revenue or 100m users) social media platforms to publish standards for censoring or banning posts and to give written notice within 30 days when content is censored. It states that the Florida Attorney General may collect a civil penalty for each violation of no more than $10,000 and that damages are provided up to $100,000 per claim. The packet also reproduces the workshop draft, titled as an act relating to technology transparency.
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“Meeting Packet - Commerce Committee, Technology Transparency Workshop (February 17, 2021).”
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Commerce Committee
Wednesday, February 17, 2021
4:00 PM - 6:00 PM
Sumner Hall (404 HOB)
Meeting Packet
Chris Sprowls Blaise Ingoglia
Speaker Chair
The Florida House of Representatives
Commerce Committee
Chris Sprowls Blaise Ingoglia
Speaker Chair
Meeting Agenda
Wednesday, February 17, 2021
4:00 PM – 6:00 PM
Sumner Hall (404 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Workshop on the following:
Technology Transparency Draft Legislation
Presentation on Social Media and Society:
Andrew Selepak, Ph.D., Program Coordinator - Master's program
with specialization in Social Media, and Lecturer - Department of
Telecommunication University of Florida College of Journalism and
Communications
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
Technology Transparency
Workshop
Technology Transparency
The bill requires large scale ($100m revenue or 100m users) social media platforms to:
1. Publish standards, including detailed definitions, used for determining whether to censor or ban posts or
deplatform users, including standards for “shadow banning”.
2. Consistently apply its published standards to censor or deplatform users.
3. Inform users about changes to rules, agreements and terms, and obtain consent, prior to implementation of
such changes. Prohibit changing standards more than every 30 days.
4. Provide written notice to users within 30 days if the social media platform censors user content or deplatforms
a user. The notice must contain a detailed explanation.
5. Inform users about the number of other users who were actually provided or shown such users posts or
content and allow users to request information on how such determinations are made.
6. Allow deplatformed users to retrieve all user information and data for at least 60 days.
7. Allow users to opt-out of the use of individual types of algorithms, including those related to post-
prioritization/shadow banning, thus allowing sequential posts.
8. Provide an annual notice of the use of algorithms, including post-prioritization/shadow banning algorithms, and
reoffer the opportunity to opt-out of the use of individual types of algorithms.
9. Exempt any post by a candidate or any post about a candidate from post-prioritization/shadow banning
algorithms starting on the date of qualification through the date of the election.
10. Provide equal access for news source content from established journalistic enterprises unless prioritized
placement is sponsored by the journalistic enterprise.
The bill makes each violation of these requirements a violation of the Florida Deceptive and Unfair Trade Practices Act
(FDUTPA). The Florida Attorney General (AG) may bring action for any violation of FDUPTA and may collect a civil
penalty for each violation of no more than $10,000. A user may bring an action if the social media platform fails to
consistently apply standards used to censor or deplatform users or fails to provide the required written notice within 30
days. Damages are provided up to $100,000 per claim, including attorney’s fees for deplatforming without cause, and
actual and punitive damages depending on circumstances.
The bill ensures that the AG has subpoena power needed to obtain information, including algorithms, from social media
platforms to investigate violations. The tied public records bill also includes a public records exemption for active
investigations.
The bill temporarily prevents social media platforms from being considered as a contracting partner with state
government if the AG determines that certain anti-trust violations are likely to have occurred. It also permanently bans
those companies from contracting with the state that are found guilty of such anti-trust violations. Existing state
contracts can be maintained.
The bill bans state and local governments from offering economic development financial incentives to companies that
are determined by the AG to be in violation of anti-trust laws.
The bill requires the Elections Commission to fine a social media platform for deplatforming an official political
candidate for office in Florida ($100,000 a day for statewide candidates and $10,000 per day for other candidates), if the
candidate is deplatformed at any time starting on the date of qualification through the date of the election. The bill also
requires social media platforms that provide free advertising for a candidate to report such advertising as an in-kind
contribution to the candidate under state election laws.
The bill provides for severability. It also provides that it is only effective as far as it does not violate federal law.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1 A bill to be entitled
2 An act relating to technology transparency; creating
3 s. 106.072, F.S.; providing definitions; prohibiting a
4 social media platform from knowingly deplatforming a
5 candidate; providing fines for violations; authorizing
6 social media platforms to provide fee advertising for
7 candidates under specified conditions; providing
8 enforcement mechanism; creating s. 287.137, F.S.;
9 providing definitions; providing requirements for
10 public contracts and economic incentives related to
11 entities who have been convicted or held civilly
12 liable for antitrust violations; prohibiting a public
13 entity from entering into any type contract with a
14 person or affiliate on the antitrust violator vendor
15 list; providing applicability; requiring certain
16 contract documents to contain a specified statement;
17 requiring the Department of Management Services to
18 maintain a list of people or affiliates disqualified
19 from the public contracting and purchasing process;
20 specifying requirements for publishing such list;
21 providing procedures for placing a person or affiliate
22 on the list; providing procedural and legal rights for
23 a person or affiliate to challenge placement on the
24 list; providing a procedure for placing a person
25 temporarily on an antitrust violator vendor list;
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26 providing procedural and legal rights for a person to
27 challenge temporary placement on the list; authorizing
28 a person, under specified conditions, to retain rights
29 or obligations under existing contracts or binding
30 agreements; prohibiting a person who has been placed
31 on antitrust violator vendor list from receiving
32 certain economic incentives; providing exceptions;
33 providing enforcement methodology; creating s.
34 501.2041, F.S.; providing definitions; authorizing the
35 Department of Legal Affairs to bring specified actions
36 against social media platforms for failure to comply
37 with specified requirements; specifying requirements
38 that must be contained when notification is given by a
39 social platform for certain purposes; providing an
40 exception to notification requirements; authorizing
41 the department to investigate suspected violations
42 under the Deceptive and Unfair Trade Practices Act;
43 specifying circumstances under which a private cause
44 of action may be brought; specifying how damages are
45 to be calculated; specifying powers of the Department
46 of Legal Affairs related to investigations related to
47 acts of shadow banning by social media platforms;
48 providing construction for violations of certain
49 provisions of this act; granting the department
50 specified subpoena powers; providing enforcement
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51 authority; amending s. 501.212, F.S.; conforming a
52 provision to changes made by the act; providing a
53 severability clause; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 106.072, Florida Statutes, is created
58 to read:
59 106.072 Social media deplatforming of political
60 candidates.—
61 (1) As used in this section, the term:
62 (a) "Candidate" has the same meaning as in s.
63 106.011(3)(e).
64 (b) "Deplatform" has the same meaning as in s. 501.172.
65 (c) "Social media platform" has the same meaning as in s.
66 501.172.
67 (2) A social media platform may not knowingly deplatform a
68 candidate. Upon a finding of a violation of this section by the
69 Elections Commission, the social media platform may be fined
70 $100,000 per day for statewide candidates and $10,000 per day
71 for other candidates.
72 (3) A social media platform that knowingly provides free
73 advertising for a candidate must report such advertising as an
74 in-kind contribution to the candidate under state election laws.
75 Posts, content, material, and comments by candidates that are
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76 shown on the platform in the same or similar way as other user's
77 posts, content, material, and comments is not considered free
78 advertising.
79 (4) This section may only be enforced to the extent not
80 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and
81 notwithstanding any other provision of state law.
82 Section 2. Section 287.137, Florida Statutes, is created
83 to read:
84 287.137 Antitrust violations; denial or revocation of the
85 right to transact business with public entities; denial of
86 economic benefits.—
87 (1) As used in this section, the term:
88 (a) "Affiliate" means:
89 1. A predecessor or successor of a person convicted of or
90 held civilly liable for an antitrust violation; or
91 2. An entity under the control of any natural person who
92 is active in the management of the entity and who has been
93 convicted of or held civilly liable for an antitrust violation.
94 The term includes those officers, directors, executives,
95 partners, shareholders, employees, members, and agents who are
96 active in the management of an affiliate. The ownership by one
97 person of shares constituting a controlling interest in another
98 person, or a pooling of equipment or income among persons when
99 not for fair market value under an arm's length agreement, is a
100 prima facie case that one person controls another person. The
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101 term also includes a person who knowingly enters into a joint
102 venture with a person who has violated an antitrust law during
103 the preceding 36 months.
104 (b) "Antitrust violation" means any state or federal
105 antitrust law as determined in a civil or criminal proceeding
106 brought by the Attorney General, a state attorney, a similar
107 body or agency of another state, or the United States Department
108 of Justice.
109 (c) "Antitrust violator vendor list" means the list
110 required to be kept by the department pursuant to paragraph
111 (3)(b).
112 (d) "Conviction or being held civilly liable" or
113 "convicted or held civilly liable" means a criminal finding of
114 guilt or conviction, with or without an adjudication of guilt,
115 being held civilly liable, or having a judgment levied for an
116 antitrust violation, in any federal or state trial court of
117 record relating to charges brought by indictment, information,
118 or complaint on or after July 1, 2021, as a result of a jury
119 verdict, nonjury trial, or entry of a plea of guilty or nolo
120 contendere or other order finding of liability.
121 (e) "Economic incentives" means state grants, cash grants,
122 tax exemptions, tax refunds, tax credits, state funds, and other
123 state incentives under chapter 288 or administered by Enterprise
124 Florida, Inc.
125 (f) "Person" means a natural person or an entity organized
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126 under the laws of any state or of the United States who operates
127 as a social media platform, as defined in s. 501.2041, with the
128 legal power to enter into a binding contract and which bids or
129 applies to bid on contracts let by a public entity, or which
130 otherwise transacts or applies to transact business with a
131 public entity. The term "person" includes those officers,
132 directors, executives, partners, shareholders, employees,
133 members, and agents who are active in management of an entity.
134 (g) "Public entity" means the state and any of its
135 departments or agencies.
136 (2)(a) A person or affiliate who has been placed on the
137 antitrust violator vendor list following a conviction or being
138 held civilly liable for an antitrust violation may not submit a
139 bid, proposal, or reply for any new contract to provide any
140 goods or services to a public entity; may not submit a bid,
141 proposal, or reply for a new contract with a public entity for
142 the construction or repair of a public building or public work;
143 may not submit a bid, proposal, or reply on new leases of real
144 property to a public entity; may not be awarded or perform work
145 as a contractor, supplier, subcontractor, or consultant under a
146 new contract with a public entity; and may not transact new
147 business with a public entity.
148 (b) A public entity may not accept a bid, proposal, or
149 reply from, award a new contract to, or transact new business
150 with any person or affiliate on the antitrust violator vendor
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151 list unless that person or affiliate has been removed from the
152 list pursuant to paragraph (3)(e).
153 (c) This subsection does not apply to contracts that were
154 awarded or business transactions that began before a person or
155 an affiliate was placed on the antitrust violator vendor list,
156 and in no event before July 1, 2021.
157 (3)(a) Beginning July 1, 2021, all invitations to bid,
158 requests for proposals, and invitations to negotiate, as defined
159 in s. 287.012, and any contract document described in s. 287.058
160 shall contain a statement informing persons of the provisions of
161 paragraph (2)(a).
162 (b) The department shall maintain an antitrust violator
163 vendor list of the names and addresses of the people or
164 affiliates who have been disqualified from the public
165 contracting and purchasing process under this section. The
166 department shall publish the initial antitrust violator vendor
167 list on January 1, 2022, and shall publish an updated version of
168 the list quarterly thereafter. The revised quarterly list shall
169 also be electronically posted. Notwithstanding this paragraph, a
170 person or affiliate disqualified from the public contracting and
171 purchasing process pursuant to this section is disqualified as
172 of the date the final order is entered.
173 (c)1. Upon receiving reasonable information from any
174 source that a person was convicted or held civilly liable, the
175 department shall investigate the information and determine
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176 whether good cause exists to place that person or an affiliate
177 of that person on the antitrust violator vendor list. If good
178 cause exists, the department shall notify the person or
179 affiliate in writing of its intent to place the name of that
180 person or affiliate on the antitrust violator vendor list, and
181 of the person's or affiliate's right to a hearing, the procedure
182 that must be followed, and the applicable time requirements. If
183 the person or affiliate does not request a hearing, the
184 department shall enter a final order placing the name of the
185 person or affiliate on the antitrust violator vendor list. A
186 person or affiliate may not be placed on the antitrust violator
187 vendor list without receiving an individual notice of intent
188 from the department.
189 2. Within 21 days after receipt of the notice of intent,
190 the person or affiliate may file a petition for a formal hearing
191 under ss. 120.569 and 120.57(1) to determine whether it is in
192 the public interest for the person or affiliate to be placed on
193 the antitrust violator vendor list. A person or affiliate may
194 not file a petition for an informal hearing under s. 120.57(2).
195 The procedures of chapter 120 shall apply to any formal hearing
196 under this paragraph except within 30 days after the formal
197 hearing or receipt of the hearing transcript, whichever is
198 later, the administrative law judge shall enter a final order,
199 which shall consist of findings of fact, conclusions of law,
200 interpretation of agency rules, and any other information
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201 required by law or rule to be contained in the final order. The
202 final order shall direct the department to place or not place
203 the person or affiliate on the antitrust violator vendor list.
204 The final order of the administrative law judge is final agency
205 action for purposes of s. 120.68.
206 3. In determining whether it is in the public interest to
207 place a person or affiliate on the antitrust violator vendor
208 list under this paragraph, the administrative law judge shall
209 consider the following factors:
210 a. Whether the person or affiliate committed an antitrust
211 violation.
212 b. The nature and details of the antitrust violation.
213 c. The degree of culpability of the person or affiliate
214 proposed to be placed on the antitrust violator vendor list.
215 d. Reinstatement or clemency in any jurisdiction in
216 relation to the antitrust violation at issue in the proceeding.
217 e. The needs of public entities for additional competition
218 in the procurement of goods and services in their respective
219 markets.
220 4. In any proceeding under this paragraph, the department
221 must prove that it is in the public interest for the person or
222 affiliate to whom it has given notice under this paragraph to be
223 placed on the antitrust violator vendor list. Proof that a
224 person was convicted or was held civilly liable, or that an
225 entity is an affiliate of a person constitutes a prima facie
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226 case that it is in the public interest for the person or
227 affiliate to whom the department has given notice to be put on
228 the antitrust violator vendor list. Status as an affiliate must
229 be proven by clear and convincing evidence. If the
230 administrative law judge determines that the person was not
231 convicted or that the person was not civilly liable or is not an
232 affiliate of such person, that person or affiliate shall not be
233 placed on the antitrust violator vendor list.
234 5. Any person or affiliate who has been notified by the
235 department of its intent to place his or her name on the
236 antitrust violator vendor list may offer evidence on any
237 relevant issue. An affidavit alone does not constitute competent
238 substantial evidence that the person has not been convicted or
239 is not an affiliate of a person so convicted or held civilly
240 liable. Upon establishment of a prima facie case that it is in
241 the public interest for the person or affiliate to whom the
242 department has given notice to be put on the antitrust violator
243 vendor list, the person or affiliate may prove by a
244 preponderance of the evidence that it would not be in the public
245 interest to put him or her on the antitrust violator vendor
246 list, based upon evidence addressing the factors in subparagraph
247 3.
248 (d)1. If a person has been charged or accused of any state
249 or federal antitrust law in a civil or criminal proceeding
250 brought by the Attorney General, a state attorney, or the United
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251 States Department of Justice on or after July 1, 2021, the
252 Attorney General may, by a finding of probable cause that a
253 person has likely violated the underlying antitrust laws,
254 temporarily place such person on the antitrust violator vendor
255 list until such proceeding has concluded.
256 2. If probable cause exists, the Attorney General shall
257 notify the person in writing of its intent to temporarily place
258 the name of that person on the antitrust violator vendor list,
259 and of the person's right to a hearing, the procedure that must
260 be followed, and the applicable time requirements. If the person
261 does not request a hearing, the Attorney General shall enter a
262 final order temporarily placing the name of the person on the
263 antitrust violator vendor list. A person may not be placed on
264 the antitrust violator vendor list without receiving an
265 individual notice of intent from the Attorney General.
266 3. Within 21 days after receipt of the notice of intent,
267 the person may file a petition for a formal hearing pursuant to
268 ss. 120.569 and 120.57(1) to determine whether it is in the
269 public interest for the person or affiliate to be temporarily
270 placed on the antitrust violator vendor list. A person or
271 affiliate may not file a petition for an informal hearing under
272 s. 120.57(2). The procedures of chapter 120 shall apply to any
273 formal hearing under this paragraph.
274 4. In determining whether it is in the public interest to
275 place a person on the antitrust violator vendor list under this
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276 paragraph, the administrative law judge shall consider the
277 following factors:
278 a. The likelihood the person committed the antitrust
279 violation.
280 b. The nature and details of the antitrust violation.
281 c. The degree of culpability of the person proposed to be
282 placed on the antitrust violator vendor list.
283 d. The needs of public entities for additional competition
284 in the procurement of goods and services in their respective
285 markets.
286 5. This paragraph does not apply to affiliates.
287 (e)1. A person may be removed from the antitrust violator
288 vendor list subject to such terms and conditions as may be
289 prescribed by the administrative law judge upon a determination
290 that removal is in the public interest. In determining whether
291 removal would be in the public interest, the administrative law
292 judge must consider any relevant factors, including, but not
293 limited to, the factors identified in subparagraph (c)3. Upon
294 proof that a person was found not guilty or not civilly liable,
295 the antitrust violation case was dismissed, the court entered a
296 finding in the person's favor, the person's conviction or
297 determination of liability has been reversed on appeal, or that
298 the person has been pardoned, the administrative law judge shall
299 determine that removal of the person or an affiliate of that
300 person from the antitrust violator vendor list is in the public
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301 interest. A person on the antitrust violator vendor list may
302 petition for removal from the list no sooner than 6 months after
303 the date a final order is entered pursuant to this section but
304 may petition for removal at any time if the petition is based
305 upon a reversal of the conviction or liability on appellate
306 review or pardon. The petition must be filed with the
307 department, and the proceeding must be conducted pursuant to the
308 procedures and requirements of this subsection.
309 2. If the petition for removal is denied, the person or
310 affiliate may not petition for another hearing on removal for a
311 period of 9 months after the date of denial, unless the petition
312 is based upon a reversal of the conviction on appellate review
313 or a pardon. The department may petition for removal before the
314 expiration of such period if, in its discretion, it determines
315 that removal would be in the public interest.
316 (4) The conviction of a person or a person held civilly
317 liable for an antitrust violation, or placement on the antitrust
318 violator vendor list, does not affect any rights or obligations
319 under any contract, franchise, or other binding agreement which
320 predates such conviction or placement on the antitrust violator
321 vendor list.
322 (5) A person who has been placed on the antitrust violator
323 vendor list is not a qualified applicant for economic incentives
324 under chapter 288, and such entity and shall not be qualified to
325 receive such economic incentives.
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326 (6) This section does not apply to any activities
327 regulated by the Public Service Commission or to the purchase of
328 goods or services made by any public entity from the Department
329 of Corrections, from the nonprofit corporation organized under
330 chapter 946, or from any accredited nonprofit workshop certified
331 under ss. 413.032-413.037.
332 (7) This section may only be enforced to the extent not
333 inconsistent with federal law and notwithstanding any other
334 provision of state law.
335 Section 3. Section 501.2041, Florida Statutes, is created
336 to read:
337 501.2041 Unlawful acts and practices by social media
338 platforms.—
339 (1) As used in this section, the term:
340 (a) "Algorithm" means a mathematical set of rules that
341 specify how a group of data behaves that will assist in ranking
342 search results and maintaining order or that is used in sorting
343 or ranking content or material based on relevancy or other
344 factors instead of using published time or chronological order
345 of such content or material.
346 (b) "Censor" includes any action taken by a social media
347 platform to delete, regulate, restrict, edit, alter, inhibit the
348 publication or republication of, suspend a right to post,
349 remove, or post an addendum to any content or material posted by
350 a user. This term also includes actions to inhibit the ability
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351 of a user to be viewable by or to interact with another user of
352 the social media platform.
353 (c) "Deplatform" means the action or practice by a social
354 media platform to permanently delete or ban a user or to
355 temporarily delete or ban a user from the social media platform
356 for more than 60 days.
357 (d) "Journalistic enterprise" means an entity that:
358 1. Publishes in excess of 100,000 words available online
359 with at least 50,000 paid subscribers or 100,000 monthly active
360 users;
361 2. Publishes 100 hours of audio or video available online
362 with at least 100 million viewers annually;
363 3. Operates a cable channel that provides more than 40
364 hours of content per week to more than 100,000 cable television
365 subscribers; or
366 4. Operates under a broadcast license issued by the
367 Federal Communications Commission.
368 (e) "Post-prioritization" means action by a social media
369 platform to place, feature, or prioritize certain content or
370 material ahead of, below, or in a more or less prominent
371 position than others in a newsfeed, feed, view, or search
372 results. The term does not include post-prioritization of
373 content and material based on payments by a third party,
374 including other users, to the social media platform.
375 (f) "Shadow ban" means action by a social media platform,
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376 through any means, whether the action is determined by a natural
377 person or an algorithm, to limit or eliminate the exposure of a
378 user or content or material posted by a user to other users of
379 the social media platform. This term includes acts of shadow
380 banning by a social media platform that are not readily apparent
381 to a user.
382 (g) "Social media platform" means any information service,
383 system, Internet search engine, or access software provider that
384 does business in the state, and provides or enables computer
385 access by multiple users to a computer server, including an
386 Internet platform and/or a social media site. The Internet
387 platform or social media site may be a sole proprietorship,
388 partnership, limited liability company, corporation,
389 association, or other legal entity that is organized or operated
390 for the profit or financial benefit of its shareholders or other
391 owners, that does business in the state, and that satisfies at
392 least one of the following thresholds:
393 1. Has annual gross revenues in excess of $100 million, as
394 adjusted in January of each odd-numbered year to reflect any
395 increase in the Consumer Price Index.
396 2. Has at least 100 million monthly users globally.
397 (h) "User" means a person who resides or is domiciled in
398 the state and who has an account on a social media platform,
399 regardless of whether the person posts or has posted content or
400 material to the social media platform.
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401 (2) A social media platform that fails to comply with any
402 of the provisions of paragraphs (a)-(j) commits a violation of
403 this section.
404 (a) A social media platform must publish the standards,
405 including detailed definitions, it uses or has used for
406 determining how to censor, deplatform, and shadow ban.
407 (b) A social media platform must apply censorship,
408 deplatforming, and shadow banning standards in a consistent
409 manner among its users on the platform.
410 (c) A social media platform must inform each user about
411 any changes to its user rules, terms, and agreements before
412 implementing the changes and may not make changes more than once
413 every 30 days.
414 (d) A social media platform may not censor a user's
415 content or material or deplatform a user from the social media
416 platform:
417 1. Without notifying the user who posted or attempted to
418 post the content or material; or
419 2. In a way that violates this part.
420 (e) A social media platform must:
421 1. Provide a mechanism that allows a user to request the
422 number of other users who were provided or shown the user's
423 content or posts.
424 2. Provide, upon request, a user with the number of other
425 users who were provided or shown content or posts.
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426 (f) A social media platform must:
427 1. Categorize algorithms used for post-prioritization and
428 shadow banning.
429 2. Allow a user to opt out of post-prioritization and
430 shadow banning algorithm categories to allow sequential or
431 chronological posts and content.
432 (g) A social media platform must provide users with an
433 annual notice on the use of algorithms for post-prioritization
434 and shadow banning and reoffer annually the opt out opportunity
435 in subparagraph (2)(f)2.
436 (h) A social media company may not apply or use post-
437 prioritization or shadow banning algorithms for content and
438 material posted by or about a user who is known by the social
439 media platform to be a candidate as defined in s. 106.011(3)(e),
440 beginning from the date of qualification and ending on the date
441 of the election or the date such candidate for office ceases to
442 be a candidate before the date of election. Post-prioritization
443 of certain content or material from or about a candidate for
444 office based on payments to the social media platform by such
445 candidate for office or a third party is not a violation of this
446 paragraph. Social media platforms must provide users with a
447 method to identify themselves as qualified candidates, and may
448 confirm such qualification by reviewing the website of the
449 Division of Elections of the Department of State.
450 (i) A social media platform must allow a user who has been
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451 deplatformed to access or retrieve all of the user's
452 information, content, material, and data for at least 60 days
453 after being deplatformed.
454 (j) A social media platform may not take any action to
455 censor, deplatform, or shadow ban a journalistic enterprise
456 based on the content of its publication or broadcast. Post-
457 prioritization of certain journalistic enterprise content based
458 on payments to the social media platform by such journalistic
459 enterprise is not a violation of this paragraph.
460 (3) For purposes of subparagraph (2)(d)1., a notification
461 must:
462 (a) Be in writing.
463 (b) Be delivered via electronic mail or direct electronic
464 notification to the user within 30 days of the censoring action.
465 (c) Include a thorough rationale explaining the reason
466 that the social media platform censored the user.
467 (d) Include a precise and thorough explanation of how the
468 social media platform became aware of the censored content or
469 material, including a thorough explanation of the algorithms
470 used, if any, to identify or flag the user's content or material
471 as objectionable.
472 (4) Notwithstanding any other provisions of this section,
473 a social media platform is not required to notify a user if the
474 censored content or material is obscene as defined in s.
475 847.001.
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476 (5) If the department, by its own inquiry or as a result
477 of a complaint, suspects that a violation of this section is
478 imminent, occurring, or has occurred, the department may
479 investigate the suspected violation in accordance with this
480 part.
481 (6) A user may only bring a private cause of action for
482 violations of paragraph (2)(b) or subparagraph (2)(d)1. In a
483 private cause of action brought under paragraph (2)(b) or
484 subparagraph (2)(d)1., the court may award the following damages
485 to the user:
486 (a) Up to $100,000 in statutory damages per proven claim.
487 (b) Actual damages.
488 (c) If aggravating factors are present, punitive damages.
489 (d) Other forms of equitable relief.
490 (e) If the user was deplatformed in violation of paragraph
491 (2)(b), costs and reasonable attorney fees.
492 (7) For purposes of bringing an action under subsection
493 (2) or subsection (6), each failure to comply with the
494 individual provisions of subsection (2) shall be treated as a
495 separate violation, act, or practice.
496 (8) In an investigation by the department into alleged
497 violations of this section, the department's investigative
498 powers include, but are not limited to, the ability to subpoena
499 any algorithm used by a social media platform related to any
500 alleged violation.
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501 (9) This section may only be enforced to the extent not
502 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and
503 notwithstanding any other provision of state law.
504 Section 4. Subsection (2) of section 501.212, Florida
505 Statutes, is amended to read:
506 501.212 Application.—This part does not apply to:
507 (2) Except as provided in s. 501.2041, a publisher,
508 broadcaster, printer, or other person engaged in the
509 dissemination of information or the reproduction of printed or
510 pictorial matter, insofar as the information or matter has been
511 disseminated or reproduced on behalf of others without actual
512 knowledge that it violated this part.
513 Section 5. If any provision of this act or the application
514 thereof to any person or circumstance is held invalid, the
515 invalidity shall not affect other provisions or applications of
516 the act which can be given effect without the invalid provision
517 or application, and to this end the provisions of this act are
518 declared severable.
519 Section 6. This act shall take effect July 1, 2021.
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1 A bill to be entitled
2 An act relating to public records; amending s.
3 287.137, F.S; providing a public records exemption for
4 certain investigations by the Attorney General or a
5 law enforcement agency into violations of certain
6 social media actions; providing that confidential and
7 exempt information may be disclosed under specified
8 conditions; requiring certain information to remain
9 confidential and exempt after an investigation is
10 complete or ceases to be active; defining the term
11 "proprietary information"; providing for future
12 legislative review and repeal of the exemptions;
13 amending s. 501.2041, F.S; providing a public records
14 exemption for certain investigations by the Department
15 of Legal Affairs or a law enforcement agency into
16 violations of certain social media actions; providing
17 that confidential and exempt information may be
18 disclosed under specified conditions; requiring
19 certain information to remain confidential and exempt
20 after an investigation is complete or ceases to be
21 active; providing for future legislative review and
22 repeal of the exemptions; defining the term
23 "proprietary information"; providing a statement of
24 public necessity; providing a contingent effective
25 date.
26
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27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (8) is added to section 287.137,
30 Florida Statutes, as created by HB ____,2021 Regular Session, to
31 read:
32 287.137 Antitrust violations; denial or revocation of the
33 right to transact business with public entities; denial of
34 economic benefits.—
35 (8)(a) All information received by the Attorney General
36 pursuant to an investigation by the Attorney General or a law
37 enforcement agency, is confidential and exempt from s.
38 119.07(1) and s. 24(a), Art. I of the State Constitution, until
39 such time as the investigation is completed or ceases to be
40 active. This exemption shall be construed in conformity with s.
41 119.071(2)(c).
42 (b) During an active investigation, information made
43 confidential and exempt pursuant to paragraph (a) may be
44 disclosed by the Attorney General:
45 1. In the performance its official duties and
46 responsibilities;
47 2. For print, publication, or broadcast, if the Attorney
48 General determines that the release would assist in notifying
49 the public or locating or identifying a person who the
50 department believes to be a victim of a data breach or an
51 improper disposal of customer records, except that information
52 made confidential and exempt pursuant to paragraph (c) may not
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53 be released as authorized under this subparagraph; or
54 3. To another governmental entity in performance of its
55 official duties and responsibilities.
56 (c) Once an investigation is completed or once an
57 investigation ceases to be active, the following information
58 received by the Attorney General shall remain confidential and
59 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
60 Constitution:
61 1. All information to which another public records
62 exemption applies.
63 2. Personal information.
64 3. A computer forensic report.
65 4. Information that would otherwise reveal weaknesses in a
66 business's data security.
67 5. Information that would otherwise disclose a business's
68 proprietary information.
69 (d) For purposes of this subsection, the term "proprietary
70 information" means information that:
71 1. Is owned or controlled by the business.
72 2. Is intended to be private and is treated by the
73 business as private because disclosure would harm the business
74 or its business operations.
75 3. Has not been disclosed except as required by law or a
76 private agreement that provides that the information will not be
77 released to the public.
78 4. Is not publicly available or otherwise readily
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79 ascertainable through proper means from another source in the
80 same configuration as received by the department.
81 5. Includes:
82 a. Trade secrets as defined in s. 688.002.
83 b. Competitive interests, the disclosure of which would
84 impair the competitive business of the business that is the
85 subject of the information.
86 (e) This subsection is subject to the Open Government
87 Sunset Review Act in accordance with s. 119.15 and shall stand
88 repealed on October 1, 2026, unless reviewed and saved from
89 repeal through reenactment by the Legislature.
90 Section 2. Subsection (8) is added to section 501.2041,
91 Florida Statutes, as created by HB ____, 2021 Regular Session,
92 to read:
93 501.2041 Unlawful acts and practices by social media
94 platforms.—
95 (8)(a) All information received by the department pursuant
96 to an investigation by the department or a law enforcement
97 agency, is confidential and exempt from s. 119.07(1) and s.
98 24(a), Art. I of the State Constitution, until such time as the
99 investigation is completed or ceases to be active. This
100 exemption shall be construed in conformity with s.
101 119.071(2)(c).
102 (b) During an active investigation, information made
103 confidential and exempt pursuant to paragraph (a) may be
104 disclosed by the department:
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105 1. In the performance of its official duties and
106 responsibilities;
107 2. For print, publication, or broadcast if the department
108 determines that the release would assist in notifying the public
109 or locating or identifying a person who the department believes
110 to be a victim of a data breach or an improper disposal of
111 customer records, except that information made confidential and
112 exempt pursuant to paragraph (c) may not be released as
113 authorized under this subparagraph; or
114 3. To another governmental entity in performance of its
115 official duties and responsibilities.
116 (c) Upon completion of an investigation or once an
117 investigation ceases to be active, the following information
118 received by the department shall remain confidential and exempt
119 from s. 119.07(1) and s. 24(a), Art. I of the State
120 Constitution:
121 1. All information to which another public records
122 exemption applies.
123 2. Personal information.
124 3. A computer forensic report.
125 4. Information that would otherwise reveal weaknesses in a
126 business's data security.
127 5. Information that would otherwise disclose a business's
128 proprietary information.
129 (d) For purposes of this subsection, the term "proprietary
130 information" means information that:
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131 1. Is owned or controlled by the business.
132 2. Is intended to be private and is treated by the
133 business as private because disclosure would harm the business
134 or its business operations.
135 3. Has not been disclosed except as required by law or a
136 private agreement that provides that the information will not be
137 released to the public.
138 4. Is not publicly available or otherwise readily
139 ascertainable through proper means from another source in the
140 same configuration as received by the department.
141 5. Includes:
142 a. Trade secrets as defined in s. 688.002.
143 b. Competitive interests, the disclosure of which would
144 impair the competitive business of the business that is the
145 subject of the information.
146 (e) This subsection is subject to the Open Government
147 Sunset Review Act in accordance with s. 119.15 and shall stand
148 repealed on October 1, 2026, unless reviewed and saved from
149 repeal through reenactment by the Legislature.
150 Section 3. The Legislature finds that it is a public
151 necessity that all information received by the Department of
152 Legal Affairs and the Attorney General pursuant to a
153 notification of a violation of ss. 287.137 and 501.2041, Florida
154 Statutes, or received by the Department of Legal Affairs and the
155 Attorney General pursuant to an investigation by the department
156 or a law enforcement agency, be made confidential and exempt
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157 from s. 119.07(1), Florida Statutes and s. 24(a), Article I of
158 the State Constitution for the following reasons:
159 (1) A notification of a violation of s. 501.172, Florida
160 Statutes, may result in an investigation of such violation. The
161 premature release of such information could frustrate or thwart
162 the investigation and impair the ability of the Department of
163 Legal Affairs and the Attorney General to effectively and
164 efficiently administer ss. 287.137 and 501.2041, Florida
165 Statutes. In addition, release of such information before
166 completion of an active investigation could jeopardize the
167 ongoing investigation.
168 (2) The Legislature finds that it is a public necessity to
169 continue to protect from public disclosure all information to
170 which another public record exemption applies once an
171 investigation is completed or ceases to be active. Release of
172 such information by the Department of Legal Affairs and the
173 Attorney General would undo the specific statutory exemption
174 protecting that information.
175 (3) An investigation of social media platform activities
176 is likely to result in the gathering of sensitive personal
177 information, including social security numbers, identification
178 numbers, and personal financial information. Such information
179 could be used for the purpose of identity theft.
180 (4) Information received by the Department of Legal
181 Affairs and the Attorney General and information may contain
182 proprietary information, including trade secrets, about the
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183 security of the breached system. The release of the proprietary
184 information could result in the identification of
185 vulnerabilities. In addition, a trade secret derives
186 independent, economic value, actual or potential, from being
187 generally unknown to, and not readily ascertainable by, other
188 persons who might obtain economic value from its disclosure or
189 use. Allowing public access to proprietary information,
190 including trade secrets, through a public records request could
191 destroy the value of the proprietary information and cause a
192 financial loss to the business submitting the information.
193 Release of such information could give business competitors an
194 unfair advantage and weaken the position of the entity supplying
195 the proprietary information in the marketplace.
196 Section 4. This act shall take effect July 1, 2021, if HB
197 ___ or similar legislation takes effect, if such legislation is
198 adopted in the same legislative session or an extension thereof
199 and becomes a law.
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Social Media
and Society
Presentation
Social Media and Society
February 17, 2021
Andrew Selepak, PhD
• Lecturer in the Department of Telecommunication, UF College of
Journalism and Communications
• Program Coordinator for the Master’s in Mass Communication with a
specialization in Social Media since 2013
• PhD in Mass Communications, University of Florida, 2011
• MA in Communication, George Mason University, 2006
• BA in American History, University of Virginia, 2001
• MMC 3630 – Social Media & Society
Traditional Media
vs.
Social Media
Traditional Media Social Media
• One-way communication. The • Two-way communication
media talks to the audience but which leads to open
never the other way around. conversations.
• Temporary messaging. Once the • Messages are recorded for
message is sent, it is almost posterity and easily
never repeated. discovered again
• Significant production costs. • Little to no production costs.
• Little to no audience tracking • Some of the most
(Nielsen) sophisticated analytics ever.
#5-WeChat
1.16 BIIUon Monthly
Active lJsers
#7 - TikTok
#6 - I nstag _ 800 Million Monthly
1 Billion
Monthly Active Use-r:s
A-c:tlve Users I
I I
What is Social Media?
Social Media is the social interaction among people and brands using
mobile and web-based technologies where they create, share, discuss,
exchange information, and modify content in virtual communities that are
evolving day to day
More than platforms and more than the Internet but everything connected
to the Internet too
Social Media allows not just for content consumption
BUT also content creation
The role of media in society
To act as a public sphere
• A public sphere can be defined as:
“A discursive space in which individuals and
groups congregate to discuss matters of
mutual interest and, where possible, to
reach a common judgment.”
But traditional media was limited in being a public sphere
where only the media was able to speak, and the public had to
listen
The democratizing potential of Social
Media and the Internet
These features enhance democratic potential:
• Access to means of production
• Ability to circulate ideas and content without barriers of distance,
time and money
• Control the flow of information
• Removes potential for agenda setting by media
• Breaks down barrier between producer and consumer and lessens
power of mass media
• Diversification of public sphere
• Increased internal and external plurality (more content and more
sources)
• Anonymity can remove social stereotypes and hierarchy
The Government and Social Media
• Most government officials
have a website, Facebook,
Twitter, Instagram, and
YouTube pages to provide
information to their
constituents quickly and
easily
• Government agencies
have them as well
The other side…
There are several issues with so much Social Media:
• Information overload and lack of interest
• Lack of quality in online discussions
• Lack of accountability and rise of extreme discourse
• Dependent on equal access where all voices can be heard
• Otherwise, it is equivalent to lacking a voice/vote
• Assumption of independence and autonomy from platforms
• Internet censorship
• Fragmentation of public sphere into tribalism and private
interests
• Polarization
Why Polarization?
• Social media amp up moral and emotional messages and responses by
rewarding topics that receive the most engagement
The Result
• When we are bombarded with sensational political posts we
tend to:
• Organize ourselves into digital communities based on tribal
identities and conflicts
• Consensus building becomes more difficult
• We then live in online filter bubbles that only expose us to
ideas we already agree with
• Confirmation bias
• We are more likely to seek out and agree with views that align with
our pre-exiting beliefs
• We select Social Media accounts that make it easier to listen to
groups or individuals who validate our worldviews
Echo
Chambers
• Allow Social Media and Internet
users to filter who they interact with
and what they see on their feeds,
potentially reinforcing more
extreme ideologies by filtering out
oppositional viewpoints
• This can occur on all social
media platforms
But it doesn’t have to be this way
• What Social Media can be:
• Information sharing
• Narrow the distance between the people and journalists / politicians /
and celebrities and influencers.
• Encourage lively, immediate and spirited discussion.
• A vital information-gathering and information-delivery tool.
• Social Media can expose people to what is going on in the world beyond
traditional “gatekeepers”
• Also allows us to be our own “gatekeepers” by following the sources
and outlets we want to get only the content we want.
• And allows us to create information that others consume.
This potential comes at a cost –
Nothing in life is free
• Free accounts come at a price – the price is data
• Users often sign away their privacy rights as soon as they click
“agree”
• User data is used in aggregate to improve services
• Which is good
• User data is used to advertise products and services for the profit of the
social platforms
• User data is also used to manipulate behavior
• Which is bad
Data Mining
• Data mining refers to the process
of extracting information from
digital documents and services
• Can also be collected from offline
services and products
• Data mining can be used to
construct predictive models of
behavior
How Data Mining is used
• Anomaly detection
• In a large data set it is possible to get a picture of what
the data tends to look like in a “typical” case.
• It can then be determined if something is notably
different from this pattern.
• For instance, a company could model purchases and use
anomaly detection to identify specific purchases that
differ from previous trips.
• If you only bought men’s deodorant, shaving cream, and
shampoo and suddenly bought women’s deodorant
How Data Mining is used
• Association learning:
• The type of data mining that drives the Amazon
recommendation system.
• For example, this might reveal that customers who bought
a cocktail shaker and a cocktail recipe book also often buy
martini glasses.
• These types of findings are then used for targeted
coupons/deals or advertising.
• This same form of data mining (just a lot more
complex) is behind Netflix movie recommendations.
Example: Data Mining used to alter behavior
• Facebook might be interested in predicting future
engagement for a user based on past behavior
• Factors like the amount of personal information shared,
number of photos tagged, friend requests sent or
accepted, comments, likes, etc., could all be included in
such a model
• This data can be used to encourage more of the behaviors that
lead to increased engagement and time spent on Facebook
This use of data becomes Surveillance
Capitalism
• Surveillance capitalism is an economic system
centered around the commodification of personal
data with the core purpose of profit-making
• Since personal data can be commodified it has
become one of the most valuable resources on
earth
Data for profit
• Social Media platforms use our data to sell or share it to third
parties for profit
• The owners of the site/app/platform determine what
information to collect from users, and how to share it
• Based on a Terms of Service that often changes
• Notification emails and pop ups about updates to Terms of Service
are often ignored or not understood
• Then users get upset when they find out how their information
was used
Why do we have a problem with privacy?
• Many people have no idea how
social networks operate when it
comes to privacy and data
collection
• Most don’t want to take the
time to read the user
agreements/Terms of service
because it’s boring or takes
too long
Data that the Internet and Social Media
continuously can collect from you:
• IP address • Device ID
• Browser Type • Application ID
• Operating System • Search Terms
• Referring Web Page • Cookie Information
• Pages Visited • Facial Recognition
• Geographic Location
• Mobile Carrier
Example: Ad preferences on Facebook
• Shows what Facebook thinks a user is “like” which explains why we
see the ads we do
• Companies, the Internet, and Social Media are collecting this data
and Social Media platforms are making the data useful to ad buyers
• We are targeted by behavioral, demographic, geographic, and
psychographic data about us
What do they know about you?
• On Facebook
• Go to Settings
& Privacy
• Then Settings
• The click on
Ads
And there is
this from
Facebook
How did we get to
this point in 2021:
We must go back to 1996
The Government created Section 230
• Section 230 is part of the Communications Decency Act (CDA) of 1996
• The most significant portion:
• “No provider or user of an interactive computer service shall be treated
as the publisher or speaker of any information provided by another
information content provider.”
Who it applies to
• Not just Social Media
• Also applies to :
• Dating sites and apps
• Amazon and Walmart product pages with reviews
• Yelp restaurant reviews
• Any online forum
• Any comment section on a website
What does Section 230 mean in practice?
• Users, and not the service provider hosting content, are responsible
for what the user says online
• Even if the provider engages in some amount of content
moderation
• Section 230 essentially also allows each company to moderate
content as it sees fit, in whatever manner best suits its business and
its users
Without Section 230
• Any company that engages in any form of content moderation
would be liable for user content
• This would include removing spam or taking down inappropriate
content in the comment sections of a blog, website, or Social
Media post
The Internet before the CDA
• America Online Internet speeds in the 1990s using a 56
KB/s dial-up modem:
• Blogs
• To download a low-quality 700
• Amazon MB movie would take 3-5 days
• eBay
• Yahoo
Internet download speed recommendations per stream
for playing TV shows and movies through Netflix.
•0.5 Megabits/s - Required broadband connection speed
•1.5 Megabits/s - Recommended broadband connection
speed
•3.0 Megabits/s - Recommended for SD quality
•5.0 Megabits/s - Recommended for HD quality
•25 Megabits/s - Recommended for Ultra HD quality
The Internet since the CDA until 2003
• Google – 1998
• Yahoo Messenger – 1999
• Wikipedia, iTunes, and the iPod – 2001
• LinkedIn – 2002
• Myspace and Skype – 2003
The Internet is human creativity
• Since the dawn of time through 2003, human civilization generated
approximately 5 exabytes of aggregate information (1 Exabyte of
data is approximately the same as 20-million movies)
• 1000 Bytes = 1 Kilobyte
• 1000 Kilobytes = 1 Megabyte
• 1000 Megabytes = 1 Gigabyte
• 1000 Gigabytes = 1 Terabyte
• 1000 Terabytes = 1 Petabyte
• 1000 Petabytes = 1 Exabyte
We now produce more than 5 exabytes of info and
data every 48 hours
2 02 0 Internet Minute
This Is What Happ~ns In An
·60·.
Created By:
"#@Lori Lewis
TlkTok 'f#@OfficiallyChadd
The Internet since 2003
• Facebook, Podcasting, Flickr, and • Snapchat and Google Plus –
Digg – 2004 2011
• YouTube and Reddit – 2005 • Tinder – 2012
• Twitter – 2006 • Vine and Google Hangouts –
• iPhone, Tumblr, and Twitter 2013
hashtags – 2007 • Periscope – 2015
• China’s Weibao, Foursquare, • TikTok – 2018
Grindr – 2009 • Parler and Clubhouse – 2020
• Instagram and Pinterest – 2010
The problem for companies that are online
• Companies can do no moderation whatsoever
• No moderation means more undesirable content, spam,
pornography, violent content, hate speech, and harassment,
making the internet a much less useful and safe place
- Or -
• Companies can heavily restrict user content since they would be
liable
• Moderating every user message and post
• Rejecting all speech that is controversial or critical
• Or content a moderator thinks is controversial or critical
Moderation Costs
• Moderating content can lead to expensive litigation if any
disagreement or dislike of a content moderation occurs
• The scale of moderation for a platform like Facebook with over 2.6-
billion users would make it cost prohibitive
• Multiple languages
• Images
• Videos
Only the beginning
• 4G enabled quality video streaming and calling on the go
• But the signal could be weak
• Or the network could be congested which could cause a weak
signal
• 5G will eliminate the congestion
• It will make the world connected in unprecedented ways with
the Internet of Things
• It will be possible to have more devices working, reliably,
securely and uninterrupted in the same area
• All while collecting more data
5G in our home – IOT
63 million American
homes will qualify as
“smart” by 2022
Why is the Social Media question so difficult?
• There is tremendous money in Social Media and the Internet
• Social Media and online companies have tremendous influence
• Social Media is now part of our every day lives
• Social Media and censorship has become a political issue
• Not enough is known by the public about how these companies operate
• And because the public doesn’t understand, they are looking at those in charge
What is needed?
• Greater media literacy and Social Media literacy
• An understanding that Social Media does not represent the real world:
• 10% of users produced 92% of all tweets from U.S. adults (Pew Research Center, 2020)
• For big tech to be more transparent in their moderation practices including
who does it and how
• Consistency by big tech in the enforcement of their moderation policies
• Terms of Services policies that are clear and easy to understand for the user
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- 2021-02-17_3098_commerce-committee_meeting-packets_mtg12770.pdf
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- Original
- No public link identified.