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See Olivia Solon, Ex-Facebook President Sean Parker: Site Made to Exploit Human ‘Vulnerability, ’ The Guardian (Nov. The net result is that Facebook’s algorithms spread the most attention-grabbing content, encouraging people to spend more time on the platform viewing more ads and further padding Facebook’s bottom line. Adam Mosseri, Bringing People Closer Together, Facebook (Jan. These algorithms “use signals like how many people react to, comment on or share posts to determine how high they appear in News Feed.” 10 10.
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Jon Evans, Facebook Isn’t Free Speech, It’s Algorithmic Amplification Optimized for Outrage, TechCrunch (Oct. “hat people actually read on Facebook is what’s in their News Feed” yet the content of this feed is “determined entirely by Facebook’s algorithm.” 9 9. Facebook’s design decisions help explain why social media posts can produce dangerous real-world consequences. A central aspect of this conversation-and the topic of this short Essay-is the Board’s competence to address the viral spread of content accelerated by Facebook’s algorithms. 15, 2021, 2:00 AM), () (calling the Board an “ingenious” move from Mark Zuckerberg, “enabling him to shift the blame” for unpopular decisions “from himself onto the board”). 8, 2021, 11:02 AM), () (arguing that the Board should take into account “Facebook’s interest in its own freedom of expression” when making decisions) Damian Reilly, The Problem with Facebook’s ‘Supreme Court’, The Spectator (Mar. The Oversight Board Shouldn’t Let Him Back, Lawfare (Mar. 9, 2021), () Vicki Jackson & Martha Minow, Facebook Suspended Trump. See, e.g., Adonis Hoffman, Twitter, Facebook Right to Block Trump-Big Tech Must Self-Regulate to Protect Public Safety, Fox News (Jan. Trump’s suspension sparked debate on the role of the Board, its effectiveness, and how social media companies should self-regulate. After the close of two years, Trump’s suspension will be reviewed, and he will be reinstated if there is no longer “a serious risk to public safety.” Nick Clegg, In Response to Oversight Board, Trump Suspended for Two Years Will Only Be Reinstated if Conditions Permit, Facebook (June 4, 2021), (). Ultimately, Facebook suspended Trump for two years. In other words, the Board passed the buck back to Facebook. Times (May 6, 2021), () and Margaret Sullivan, Facebook’s Oversight Board Whiffed. For commentary on the Board’s decision, see Kari Paul, Facebook Ruling on Trump Renews Criticism of Oversight Board, The Guardian (May 5, 2021, 11:39 AM EST), () Kevin Roose, Facebook’s ‘Supreme Court’ Tells Zuckerberg He’s the Decider, N.Y. To remedy this failure, the Board gave Facebook “six months” to “review” Trump’s suspension and “to determine and justify a proportionate response.” 6 6. It found that while Facebook was justified in its decision to restrict Trump’s access to the platform, it was “not appropriate for Facebook to impose the indeterminate and standardless penalty of indefinite suspension.” 5 5. The Board partially upheld Facebook’s decision. for Facebook, tasked with reviewing the platform’s content-moderation decisions. Ezra Klein, Mark Zuckerberg on Facebook’s Hardest Year, and What Comes Next, Vox (Apr. Nick Clegg, Referring Former President Trump’s Suspension from Facebook to the Oversight Board, Facebook (Jan. Soon after, Facebook referred its decision to the Facebook Oversight Board 3 3. Facebook said that it “believe the risks of allowing Trump to continue to use.
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Guy Rosen, Our Response to the Violence in Washington, Facebook (Jan. Capitol, Facebook suspended President Trump. In the wake of an attempted insurrection at the U.S. Equipped with the powers this Essay identifies, the Board could play a significant role in curbing the pernicious effects of algorithmic amplification of speech on Facebook. This is an important observation because many of the serious problems plaguing online speech today-misinformation, radicalization, and community safety-are driven by algorithmic amplification. While much of the literature on the Board assumes that it does not have this power, the text and structure of the Board’s Charter clearly provide for oversight of algorithms. Abstract: This Essay argues that Facebook’s Oversight Board-an independent “Supreme Court” for Facebook, tasked with reviewing the platform’s content-moderation decisions-has the additional power to review Facebook’s algorithms.