Digital Content

Google has been treating Beto O'Rourke's campaign ads as if they weren’t political content, raising questions over whether Google is capable of keeping its already anemic promise of transparency for political ads. Google has promised to put ads it receives from candidates for US federal political offices in its political ad archive, for transparency’s sake. But the Beto ads were missing from the archive. Google’s own rules don’t allow any political content in Gmail ads, but Beto’s campaign ads kept showing up there.

Sen Josh Hawley (R-MO) is poised to announce new legislation on Section 230 of the Communications Decency Act. The measure is expected to focus on enforcement of Section 230, the legal liability shield that immunizes tech platforms from lawsuits over user-posted content. It would open the possibility of treating certain tech companies as publishers and therefore more liable for the content that shows up on their sites.

For all the talk of antitrust investigations, the bigger threat to tech platforms like Google and Facebook is an intensifying call from Congress to revamp a law that shields them and other web companies from legal liability for users' posts. House Intelligence Chairman Adam Schiff joined a group of policymakers calling to reconsider the legal protections afforded to tech platforms.

While social media companies and digital networks are relatively new, the problems of information laundering and manipulation are not. Of course, verbatim application of 20th-century media policy won’t work for today’s digital environment; some of it didn’t work very well last century either. But its core concerns should be taken seriously and its principles—especially transparency, responsibility and structural design to promote news investment—can be adapted for the 21st century.

Two decades after Congress tried to wall off the worst of the Internet in hopes of protecting the privacy and innocence of children, the ramparts lie in ruins. Many popular online offerings maintain they are “not directed” at children. But the services also don’t ask users how old they are. This tactic, lawyers say, helps the companies sidestep the Children’s Online Privacy Protection Act (COPPA), a 1998 law that restricts the tracking and targeting of those younger than 13 but requires “actual knowledge” of a user’s age as a key trigger to enforcement.

$4.7 billion is the amount that Google made from the work of news publishers in 2018 via search and Google News, according to a study by the News Media Alliance. That $4.7 billion is nearly as much as the $5.1 billion brought in by the United States news industry as a whole from digital advertising in 2018 — and the News Media Alliance cautioned that its estimate for Google’s income was conservative. For one thing, it does not count the value of the personal data the company collects on consumers every time they click on an article like this one.

The US Court of Appeals for the DC Circuit has declined to hold edge providers liable for false third-party content posted on their sites, even if they know the information being posted is false. Google, Microsoft and Yahoo! are not responsible for flooding the online search market with info on "scam" locksmiths, if the market has been so flooded, because such liability is barred by the Communications Decency Act, whose much-in-the-news Sec. 230 holds that the edge can't be treated as a publisher of third party content on their platforms.

The Senate Commerce Committee held a hearing on the changing video marketplace, with representatives from top trade association chiefs, Free Press, and Nielsen. The hearing looked at the video marketplace's change from appointment content on TV sets, to "how, where and when" content on a variety of devices. Everyone was in agreement that the video marketplace had changed dramatically while the laws had not, but whether to start from scratch or modify existing laws--like STELAR and the 1992 Cable Act--generated a lot of different opinions.

YouTube said it will remove false videos alleging that major events like the Holocaust didn’t happen, as well as a broad array of content by white supremacists and others in a move to more aggressively crack down on hate speech.

Behavioral advertising, which involves collecting data about readers’ online behavior and using it to serve them specially tailored ads, often through bits of code called cookies, has become the dominant force in digital advertising in recent years.