Meta's blockbuster trial draws parallels to big tobacco (economist.com)

244 points by newsomix9xl 9 hours ago

matrix87 7 hours ago

This seems really messy. We regulate gambling because it's a specific thing, but how do you differentiate a non-addictive platform vs an addictive platform? (aside from this specific company... I mean in general). How do you "test" whether or not they're inherently addictive?

At least in this specific instance, they can look at the blast radius and make a determination. But this feels legally unsatisfying in the general case

wpietri 6 hours ago

It took decades to clearly define gambling enough to regulate it as we do now. Note that pinball was banned in major cities for decades because it was too similar to gambling devices.

And even with those definitions things weren't very clear. I used to work for financial traders here in Chicago. Every year there would be an unofficial snow futures market. It was a fancy way for all the traders and clerks to gamble on monthly snowfall at O'Hare.

But to my delight, the CME eventually created an actual, legal weather derivative for snow. What made one gambling and the other not? What makes any given bet a legitimate financial trade versus pure gambling? Let me know if you figure it out.

My point being that not having a clear definition won't stop us from grappling with the harms. Nor should it. Figuring out what new things really mean is always a messy process.

danielmarkbruce 6 hours ago

It's actually somewhat easy... If you are creating financial exposure to an event with no underlying risk to it, and the point is exposure itself, you are gambling.

In your snow example, those guys were gambling on snow for fun. The formal weather derivative - most weather derivatives have parties (usually players in the energy market, sometimes agriculture) who have real underlying risk and aren't entering those contracts to create risk for it's own sake. It's quite hard to get a market off the ground when there is no underlying risk - people purely speculating generally don't generate enough volume to achieve liftoff. Look at Kalshi and the volume on most bets - it's tiny.

vasco 5 hours ago

pants2 5 hours ago

It's certainly not well defined today; memecoins, prediction markets, sports betting, and more are all toeing the line of gambling.

itintheory an hour ago

renegade-otter an hour ago

rglullis 4 hours ago

jbstack 4 hours ago

> What made one gambling and the other not? What makes any given bet a legitimate financial trade versus pure gambling?

Legally, it's whether the bet meets the legal definition of gambling as per the legislation applicable in your jurisdiction and any binding case law. There's no universal answer.

But from an ordinary language perspective, the difference is whether it involves an element of skill sufficient (at least in theory) to win in the long run if you possess that skill. For example:

Roulette - generally gambling

Blackjack - usually gambling these days, sometimes not if count counting is feasible

Poker - not gambling

Stock market investing - not gambling

xxs an hour ago

mschuster91 2 hours ago

SwtCyber 6 hours ago

That's fair. A lot of regulation seems to work this way: first you recognize a real harm, then spend years arguing over where exactly the boundary should be

johnsmith4739 17 minutes ago

For me there is a simple test: how the algorithm decides what to put in my feed.

If the feed is made of posts belonging to the connections i follow (be it business pages or persons) in temporal order, then chances for addiction are low. If the algorithm decides for me what is relevant and from whom and in what order, then chances are high for addiction potential.

Algorithms are optimised for engagement (time spent there and interactions), not for my benefit (keeping up with my connections and interests). And they usually follow reinforcement/reward schedules -> specifically the Variable Ratio pattern. Just like gambling.

"For example, in a lab setting, this might involve delivering food pellets to a rat after one bar press, again after four bar presses, and then again after two bar presses. Gambling and lottery games are good examples of a reward based on a variable ratio schedule."

For FB, it could be how many irrelevant posts do i see before i get an update from a friend.

meowkit 7 hours ago

“Do you use personal / behavioral data / usage to shape the user experience and recommendations, creating a reinforcing loop?”

Roughly that.

Aurornis 6 hours ago

This would include everything from my Spotify recommending new music that I like to my Netflix showing me similar shows. I'm a responsible adult. I want those things. I make use of them. They make my life better when I'm trying to listen to some music while I work on something or when I have exactly 2 hours of TV watching time in a week and don't want to waste it finding a new show. I do not want regulations coming along and making all of my products worse due to heavy-handed regulation.

Practically, it won't happen. These thought experiments are exercises where people imagine the websites they don't want other people using getting worse, while failing to imagine any way that it might negatively impact any site they use. Usually when I press the topic it turns into a game of whack-a-mole where the other people come up with more and more exceptions and specifics to these theoretical laws to reveal what they really have in mind, which is targeting some small handful of social media sites that they don't want other people to use. We see this with the age restriction laws where the comments come out in full force demanding ID checks and huge fines for Facebook and TikTok, but there are meltdowns whenever people realize that the regulations would be coming for their Discords, YouTube viewing, and Reddit access too.

I halfway imagine this whole exercise ending with some big show about warnings, where users who join TikTok or other websites have to click a big warning sign that says they might be addictive. If some countries start instituting laws against recommendations or personalize recommendations, the popularity of VPNs will continue to rise so people can simply use the products like they want instead of having to deal with nerfed versions to satisfy some country's laws.

ricardobayes 5 hours ago

Groxx 6 hours ago

dotancohen 6 hours ago

rglullis 4 hours ago

globular-toast 6 hours ago

dudefeliciano 5 hours ago

DonHopkins 6 hours ago

friendzis 5 hours ago

matrix87 7 hours ago

Okay but suppose you have an AI chatbot which takes in context from previous chats on what your interests are. So people just keep talking with the chatbot more and more as it gains more context. This would meet the criteria. It's not necessarily addictive though because you can stop talking with the chatbot at any time.

Maybe it's something to do with the text-based interface vs short form video. Short form video is better at activating the lizard brain

brookst 7 hours ago

mslt 7 hours ago

solid_fuel 6 hours ago

rockskon 6 hours ago

phreack 7 hours ago

oblio 7 hours ago

fwipsy 7 hours ago

mook 3 hours ago

I think a better take is:

> Do you use personal / behavioral data / usage to shape the user experience and recommendations? You do not get covered by Section 230.

If they get to exercise editorial powers, then it doesn't make sense for them to be protected from liability for choosing what to publish. If they just give you a giant firehose, then they're not doing anything editorially and they should not have any liability as clearly that's not _their_ speech.

lifeisstillgood 2 hours ago

thesmtsolver2 7 hours ago

So why leave out food industry which has provably caused health harm and killed people.

Leaving out the modern food industry but going after social media shows that this is just politics as the food industry wets the beak and greases the plan generously on both sides of the aisle.

brookst 7 hours ago

darthoctopus 7 hours ago

dEnigma 7 hours ago

camillomiller 3 hours ago

Mix this with "...of User-Generated Multimedia Content", and you might get closer. This excludes music platforms, for example (although, Band Camp and Soundcloud might have some issues with that, admittedly).

s1artibartfast 7 hours ago

But isn't that just product design and Improvement?

I think you have to figure out when this is in service of the user's intentions or not, and that's where it gets tricky.

Apparently you can't trust users revealed preferences and have to use something else.

charcircuit 7 hours ago

What product does not listen to how users use the product to design the first or later version of a product?

vasco 5 hours ago

rf15 7 hours ago

conception 5 hours ago

The best idea ive seen is if you decide what a user sees in an algorithm way (beyond “natural” ones like chronological) you are liable for the content - you are no longer a common carrier and can be sued for damages. That should be step 1.

blackoil 2 hours ago

> beyond “natural” ones like chronological

So a mail s/w that pushes up mail that it deems important?

amelius an hour ago

somenameforme 2 hours ago

Tobacco regulations don't regulate the general case, they regulate tobacco products. I think the same will apply to social media. There's no need to define an addictive platform anymore than there's a need to define an addictive substance. Instead all that you need to define is a social media platform. And that can be expanded/adjusted as necessary.

As for Meta itself, and proving their case - I can't imagine it'll be difficult. Whatever they get in discovery + endless testimony from various people that have worked there will already likely leave it beyond any reasonable doubt.

atmavatar 3 hours ago

A simple first step to me would be to update the DMCA so that platforms using engagement-maximizing algorithms lose their section 230 protections.

If you're targeting individuals with specific content algorithmically, you're hardly a dumb platform for user-generated content, and I would argue that it's well over the line that would classify you as a publisher.

bonzini 3 hours ago

How do you distinguish engagement maximization and usability maximization?

lukan 6 hours ago

In my humble opinion: anyone optimizing for "engagement" is trying to make a product inherently addictive.

Having a great product is not, but designing your product intentionally so people spend more time with it, than they wanted - intentionally not just let them write that one message, but distract them into other stuff - would qualify.

weatherlite 3 hours ago

> Having a great product is not, but designing your product intentionally so people spend more time with it, than they wanted

So Netflix, Youtube, basically all ad based websites and social media should be hit with the same requirements no ? Even the news try to get engagement - it's usually not like they really care about honest and facts based reporting.

lukan 3 hours ago

Mattified 5 hours ago

mm263 5 hours ago

How would you prove this? What if the product was not intentionally designed to be engaging but ends up being more engaging than TikTok?

lukan 5 hours ago

curiousllama 6 hours ago

NAL, but looks like they're alleging something like negligence & deception. Addictiveness is just the mechanism of harm, so doesn't require a strict general case: just actual harm and the prior knowledge thereof.

So like the general argument is "company X was causing material harm, knew they were causing harm, and actively decided to continue causing harm while covering it up."

It'd be similar to suing someone who sold a dangerous toy under the label "safe for all ages". The lawyers don't need to ban specific features (sharp edges, fast motors, etc.). They just have to argue the way it's put together harms kids, the company knew about it, and they kept lying about it anyway.

The remediations could therefore be case-specific. They don't need to ban infinite scroll in general, just ban Meta from applying it to their products, since it's known to be harmful in that context.

didibus 7 hours ago

You can just be explicit. We already do this with controlled substances, maintain a defined regulatory schedule, and give a designated regulatory body a legally prescribed process for adding to it, removing them, or changing their classification.

matrix87 7 hours ago

But a substance is not a specific product or a corporation. Maybe you could call "infinite scroll" the substance, but then you're playing whack-a-mole with whatever new interface they cook up. But then we end up with a long list of "disallowed" software features which might not be inherently addictive

dyarosla 7 hours ago

forestrywat 6 hours ago

londons_explore 4 hours ago

A trial is also the wrong venue. It isn't illegal to make an addictive website.

Instead lawmakers should be making new laws.

Pxtl 7 hours ago

> We regulate gambling because it's a specific thing

Except when it's called "prediction markets" and therefore it isn't.

m4ck_ 6 hours ago

Those are relatively new and the president's children have financial interests in them, so they won't see any regulation any time soon. But it's certainly possible they will be regulated in the future... if we ever have a less-openly-corrupt government again.

mslt 7 hours ago

It’s such a joke. But we also need to find ways to study and measure non-gambling digital platform addiction like 15 years ago. Thanks to algorithmic consumption, we’re nearing a whole generation of adults that have no idea how to navigate their societal agency and 3 trailing generations that had once learned and since forgot.

ggm 7 hours ago

If we set the barrier to entry in prediction markets to an equivalent of an age/height check on entry, it would be well north of "yes, I am a mom-and-pop first time investor, I have never been here before, I know nothing except what some spammer told me and claude"

Somehow the "you can afford to lose your entire stake, you aren't leveraged, this isn't a con you fell into" is missing.

(thats aside from "you aren't an inside trader with privileged knowledge because of family ties to the WH, are you")

lazide 6 hours ago

There are literally emails back and forth with Zuck where it's brought up that they're essentially making things as addictive as possible and it's bad for people, and he goes (to paraphrase) 'yeah, whatever. keep doing what you're doing'.

alex1138 5 hours ago

He said 'if you need info on people at Harvard just ask'. Called people who gave him information 'dumb fucks' (so, who's the next person on HN that's going to dare to reply to me that he was 'making a good point'? Do you see the Google founders saying that? Even as a joke?). Killed the competition of Instagram and Whatsapp. Copied every single Snapchat feature. Wants AI friend profiles for people. Hijacked emails https://news.ycombinator.com/item?id=4151433 . Free Basics https://news.ycombinator.com/item?id=10791198

List goes on. Socio.

esseph 3 hours ago

> But this feels legally unsatisfying in the general case

What if I told you that judicial outcomes are often nondeterministic?

SpicyLemonZest 7 hours ago

It's hard to answer in general, but does it have to be answered in general? I could imagine supporting a policy that infinite scroll in particular is addictive and app developers can't use it without strong warning labels and time alerts.

curiousllama 7 hours ago

> does it have to be answered in general?

100% yes. Remember, this is somewhat adversarial: Meta increases its products addictiveness year by year. Banning individual practices fails if the rate of that growth exceeds the impact of point solutions.

matrix87 7 hours ago

> It's hard to answer in general, but does it have to be answered in general?

Maybe not? Maybe if enough minors experience harm from a platform, that's enough to restrict it for minors.

watwut 6 hours ago

Nit: Prediction markets are gambling and we dont regulate that.

petesergeant 5 hours ago

Who is “we”? They’re absolutely regulated in most of the world. Smarkets has a UK and Irish gambling license.

Krasnol 6 hours ago

I'm sure the companies marketing research divisions have very clear definitions.

We just use those.

mantas 6 hours ago

Let’s start with banning algorithmic personalized feeds. That seems to be the common determinator of the bad apples.

13hours 6 hours ago

I find it very convenient for music discovery for example. Maybe start by making it opt in and give parents control over their children's feeds?

throwyawayyyy 6 hours ago

I do wonder about intent. Meta has spent 20 years paying its engineers and others vast amounts of money to Increase Engagement, and punishes those who fail to find ways to do so (over the past few years, by firing them). And it's worked! Engagement has increased greatly over the years, Meta survived the effective end of Old social media (you know, the stuff from your friends) and thrives in the new world of infinite content. Was the intent to _addict_ people? It doesn't have to be, to create a system people have become addicted to. Even if the harm is not intended, does that mean it cannot be regulated? Surely not! Let's ban infinite scroll for a start. The question of whether to punish Meta is quite separate from the question of how to reduce the harms of its products.

realnkb 5 hours ago

There was a moment in time when Instagram use to show this disclaimer "You're all caught up with the posts". You could still scroll below that and it would show you algorithmic content as it always have if you choose to view it. However I don't see this feature anymore and it's gotten worse with pure infinite slop. I really appreciated that cause every time I opened the app, saw that disclaimer I would instantly close it and go about doing other things. I wish they just kept simple stuff like that around but I guess that doesn't help their metrics.

frankacter 6 minutes ago

>There was a moment in time when Instagram use to show this disclaimer "You're all caught up with the posts".

This still exists and I get it every day. It is the floor for my feed. I have to refresh or close the app and reopen to fetch more.

SwtCyber 6 hours ago

The distinction between punishment and prevention seems important here. Meta's intent might matter when deciding liability or penalties, but if a design pattern is demonstrably harmful, "we only wanted more engagement" isn't much of an argument against regulating it

raffael_de 2 hours ago

the engagement argument could be applied to every commercial service or product. anything that is sold is getting optimized for appeal/attraction/engagement/adictiveness.

Voultapher an hour ago

Addicts are your most loyal and exploitable customers.

Things will keep getting worse in the US as long as the current nothing is anti-competitive policies endure.

nsuh 6 hours ago

I agree. Our policy going forward needs to be as precise as a scalpel.

notsirius 5 hours ago

have worked in analytics for a while. Engagement is a very broad category. Not all engagement metrics are toxic. For example, daily active users is healthy for a business to measure and is engagement. Commenting on Hackernews is engagement. Meta also has a wide range of engagement metrics - not all of which are problematic

vanderZwan 5 hours ago

I've never seen a NAXALT fallacy used for the concept of engagement metrics before.

It's not relevant to this discussion that in certain contexts, useful engagement metrics exist that supposedly aren't toxic, because it doesnt apply to the current context. We're clearly talking about the larger systemic issue of companies maximizing all engagement at all costs, and the consequences of such a policy.

notawaytothink 4 hours ago

jatins 3 hours ago

I am old and used to use FB back when it was cool. Think 2010-14 period, and it was addictive even then even when it was just content from friends. Humans have deep need for connection with other humans and they will be addicted to anything that provides it given that modern society is increasingly isolated.

People are addicted to reddit, heck I know people who are addicted to Stocks app because they just need something to scroll.

Modern day addictions are complex and products are not the sole cause imo, they are just filling a void. Why that void exists needs to be answered. You remove Instagram and that time will be replaced by Reddit, tiktok or whatever product gives you some dopamine

fireflash38 32 minutes ago

People are lazy. If you give people an easy way to "fill that void" they will do so, even if it's detrimental to their long term health.

No social media? People will still find ways to socialize. It might not be as easy, but they will do it. Maybe you'll even see a resurgence in social clubs.

fliwjerljlj 5 hours ago

I'm delighted to see this headline because I've been comparing Facebook to cigarettes for more than a decade. The parallels are striking. Both industries knew their products were poisonous and intentionally hid that knowledge while intentionally engineering them to be as addictive as possible, and ended up marketing them directly to children.

demibabs 8 hours ago

I do wonder what’s going to happen in the future to addictive social media algorithms. Feels like one of those things that’s so powerful, but skirts by because it doesn’t feel like it should be (like targeted advertising).

jrflo 7 hours ago

I really hope it gets legislated away or kneecapped to the point where it isn't so effective. With all the legislation coming out regarding kids and social media, I hope that people will start to draw a line to the fact that maybe adults shouldn't be hooked up to it too. I don't think all content recommendation algorithms should go away, but we need to dial down the intensity by an order of magnitude or two.

andrewrn 7 hours ago

With the amount of money behind them, I regret to say I don’t think they’ll get legislated away. My best guess is that social shaming slowly dwindles their usage. It’s actively shameful to scroll at dinner among Gen Z, for example. The problem becomes using the apps alone at home.

drunner 8 hours ago

Can we just ban algorithms for content and go back to chronological feeds circa 2004 Facebook?

Or maybe ban all content that the user isn't explicitly subscribed to.

Those both have problems too, I'm sure.

shaewest 8 hours ago

I think the major issue is, people still have the option of those older forms of feeds, people just don't like them.

New social media competitors (ie Tiktok) have won users by having even more powerful algorithms rather than other options.

demibabs 7 hours ago

itake 7 hours ago

TJSomething 7 hours ago

Chronological feeds tend to be gameable by growth hacking. Still better than a lot of things.

One of the tricky things for me is feed aggregation for balancing subscriptions between people who post a lot and people who don't.

It also might be interesting if video recommendations were curated feeds by the creator.

jrflo 7 hours ago

I build a safari extension to do just this (block all content that isn't explicitly subscribed to by the user) and it's a remarkably better experience. This is my hot take that most people seem to disagree with: the vast majority of culture wars we are having today would not exist without content recommendation algorithms.

lxe 8 hours ago

Ultimately, I think this is going to come down to proving exactly the extent of what Meta knew, and what they decided to do about it, and how that violated various laws.

I wager there is a foot gun component to this, in which Meta has tried to preemptively, either through gestures of goodwill or public reassurance or PR, institute various think tanks, work groups, and internal studies with an intent to alleviate the public's worry.

Those studies and workgroups actually could end up demonstrating that their products and algorithms and user interfaces, indeed, caused whatever this trial accuses them of doing. And if they didn't act according to what their internal data showed, I bet this is going to be the crux of the trial.

intended 9 minutes ago

People at Meta knew it was bad, and brought it up to higher leadership.

At some point choices were made, with full awareness of the tradeoffs, to move products in a specific direction.

Absolutely none of this, the harms, the patterns, the tech, is unknown to people who work in trust and safety, content moderation, and policy.

At various times, meta and other tech firms did try to hold the line, but they eventually succumbed to the financial pressures they were under.

If there is any lesson to be taken, it is that ideals don’t survive beyond a few years in contact with market incentives.

SwtCyber 6 hours ago

Yeah, the internal research could be far more damaging than the existence of the harmful effects themselves

mslt 7 hours ago

I’d bet that an exceptional legal team could make a pretty solid case based purely on the volume and testimony of behavioral psychologists on their payroll

ernst_klim 4 hours ago

> It could, for instance, do so on the grounds that it is protected by Section 230 of the Communications Act, which safeguards platforms from legal liability for content posted by third parties.

But then the platform decides what to show and to whom. It's not an impartial medium anymore, not since the engagement algorithms become a norm.

hn_submit 6 hours ago

What's the gist of this case? Making social media addictive isn't a felony AFAIK. Big Tobacco has never been convicted of it either.

binsquare 6 hours ago

The case appears to be about them purposely knowing the impact of what they were doing and exploited it at the cost of children's mental health.

Cider9986 7 hours ago

Meta, good reminder to buy diversified funds and not whatever hot company. (-29% - 1 year)

Fidelity zero is compelling, in a retirement account.

loeg 6 hours ago

FZROX (Fidelity Zero) is relatively highly concentrated in Meta (1.7%) (because Meta is a large chunk of the US stock market).

kkotak 7 hours ago

If nothing, at least 'Social Reckoning' movie will get some blockbuster success due to the timing.

SwtCyber 6 hours ago

Investors not panicking seems rational. Companies this large can survive astonishingly large fines...

pertymcpert 5 hours ago

Meta employees reading this: whether you work in Reality Labs, ads, operations, ML compiler, LLMs, marketing, whatever. You're all complicit in the harm. Remember that.

yard2010 3 hours ago

Even those working on React? Asking for a friend

ruvie8812 3 hours ago

Absolutely! :D

shevy-java 3 hours ago

At worst Suckerberg just pays money. So the issue is not being solved.

These US corporations operate outside the law - and they are protected by the orange king who is just too incompetent for anything other than pocketing away more money from the people, which is the only real skill he has.

DonHopkins 6 hours ago

Facebook causes Face Cancer: their interface and algorithm are so toxic that it causes users to React by scratching their eyes out because it hurts so much to look at and use.