The Battle of the Leviathans: Mark
Zuckerberg vs Moms of Dead Kids
Another Tale of Two Advocacy Ads
Although you would not know it from their advocacy ads, but there is a minor Battle of the Airwaves going on between to powerful interest groups. Moreover, the two groups are arguing over the same two pieces of legislation now making their ways though the Congress. One group, who I call The Moms of Dead Kids, are overtly calling for the passage of one of these pending laws, The Kids Online Safety Act (KOSA). While the other group, which calls itself The American Edge Project, is running a stealth ad campaign against these same two pieces of pending legislation.
The reason these ads are now running juxtaposed against one another is that KOSA and a companion piece of legislation, the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), passed Senate votes in the Senate Commerce Committee, July 27, 2023. Both of the proposed laws would mostly impact web platforms like Facebook by curbing the platform's use by underage minors. Of course, what is the appropriate age that minors must not be, in order to log on to Facebook, is one of the main contention of the debate.
Previously, this blog has called out The American Edge Project for the simple vacuity of their ads. Below is a montage of the highlights of the most recent ad broadcasted by The American Edge Project's. This ad seems to e a repeat of the pilot ad of a couple of years ago. Nowhere in the ad does it show or say exactly WHAT THE AMERICAN EDGE PROJECT IS AGAINST, nor at any time does the announcer say what Congressional measure the project opposes. The ad only asks its viewers to call the US Senate switchboard, and ... Say what? No one is really sure because the ad does not say.
It is well documented that The American Edge Project is the pet project of Facebook Honcho, Mark Zuckerberg. And, indeed, it is well within his rights to act accordingly. The ad stands, however, as a clear example of what is wrong with so much of our political discourse today. Whatever side one is on, the other side sounds like Professor Wagstaff, from that gem of pure Marxism, Horse Feathers. "Your proposition may be good. But let's have one thing understood: Whatever it is, I'm against it." No matter what might be the good inherent in the proposition.
In contrast to the American Edge Project's stealth campaign against any online regulation, stands the ads sponsored by the Project Liberty Action Network (PLAN). The Project Liberty Action Network was begun with $100 million in seed money by "philanthropist Frank H. McCourt, Jr." The motivations to begin PLAN, according to McCourt was:
At a time when social media is as poisonous and invasive as ever, and AI tools like ChatGPT are taking the world by storm, we are enjoining an effort to speak directly to voters, legislators, and policy makers to rein in the worst abuses, and put our nation and world on a more sensible track.
One does not need to see all the visuals to understand what the ad above proposes and who is behind the ad. Nonetheless, the message is, "We, Moms of Kids Killed By the Internet, want you to call your Senator, and tell she or he to vote for KOSA whenever the bill comes up next for a vote." The ad makes the clear point that the last time meaningful legislation was enacted on these matters was 1998. According to a press release of December 15, 2022, by the Office of U.S. Senator Richard Blumenthal, a coalition of more than 230 groups "have come together to "Voice Strong Support for Bipartisan Kids' Online Safety Legislation."
Senate Bill, S. 1409, The "Kids Online Safety Act" was introduced by Senator Blumenthal, May 2, 2023. The bill was co-sponsored by 22 other senators form both political parties. As has been proposed often before, KOSA imagines some regime whereby child websurfers logging on to “covered platform” will be of a minimum age. KOSA defines "The term “child” means an individual who is under the age of 13."
Furthermore, according to KOSA, "The term “covered platform” means a social media service, social network, online video game (including educational games), messaging application, video streaming service, or an online platform that connects to the internet and that is used, or is reasonably likely to be used, by a minor." KOSA specifically "excludes" Internet Service Providers and other telecommunication carriers from KOSA proscriptions.
Unique to KOSA, violations of KOSA will be considered "UNFAIR AND DECEPTIVE ACTS OR PRACTICES" and "shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B))." The FTC will be designated the chief enforcing agency.
KOSA, however, like its preceding legislative attempts, has no real idea how this new regulation can be practicality implemented in the real world. KOSA requires "The Director of the National Institute of Standards and Technology, in coordination with the Federal Communications Commission, Federal Trade Commission, and the Secretary of Commerce, shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level." Neither does the current proposed legislation spell out any real enforcement mechanisms or penalties.
The companion piece of legislation, the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) is a renewal and updating of the original act passed in 1998. Introduced by Democratic Senator, Edward J. Markey, and Republican Senator, Senator Bill Cassidy, the bill intends to regulate and reign in online advertising and data collection directed to teens ages "13 to 16 years old."
As Business Insider noted in an article dated Jan 14, 2022, more and more youngsters are dropping Facebook, YouTube, and other older web platforms, for newer platforms like TikTok. So erecting any barriers to kids' access to Facebook, et al, can become "an existential issue because they realized they're not the platform for young people."
There are many valid reasons to oppose these two pieces of legislation. Moreover, an equally aggressive lobbing effort against the bills are being made by a diverse group of GOOGOO types. These sincere activists point out the many perceived deficiencies of either bill. Zuckerberg has many important allies making legitimate arguments against these proposed bills. His deceitful stealth ads, however, placed under the disguise of the American Edge Project, only serve to undermine the efforts of these allies.
On the other hand, how does a politician or an advertiser tell The Moms Of Dead Kids they are out to lunch? No one running for office can make that statement. Furthermore, next year is an election year after a year of no real legislation passed. So, unless a person is running for Congress on the platform of "I am the craziest SOB in the race," it will be difficult to vote against The Moms Of Dead Kids. In the end, it almost — but not always — boils down to this old saw from Sales cleaned up for readers aged 13 to 16: "Money talks. And bovine refuse walks. Are you walkin' or you talkin'?
One more COPPA KOSA for the road
One more COPPA KOSA 'fore I go
To the valley below
—
With Apologies to
Mr. Bob Dylan
¯\_(ツ)_/¯
Gerald Reiff