On with Kara Swisher - Will Disinformation Doom Our Democracy? with Nina Jankowicz, Sasha Issenberg & Barbara McQuade

Episode Date: April 11, 2024

“Flood the zone with shit.” It’s a zinger and a strategic imperative, from the oh-so-eloquent Steve Bannon, being expertly executed by Donald Trump and the MAGA-fied GOP.  To help us make sen...se of what our information morass means for the 2024 election, we’re joined by three political disinformation experts: Nina Jankowicz, a disinformation researcher, the former executive director of the Disinformation Governance Board at the Department of Homeland Security, and the author of "How To Lose the Information War"; Sasha Issenberg, a journalist and the author of five books, most recently, “The Lie Detectives”; and Barabara McQuade, a former U.S. Attorney for the Eastern District of Michigan who teaches law at the University Michigan and recently authored “Attacks from Within.” Questions? Comments? Email us at on@voxmedia.com or find us on social media. We’re on Instagram/Threads as @karaswisher and @nayeemaraza Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Starting point is 00:00:58 set, grow. Go to ConstantContact.ca and start your free trial today. Go to ConstantContact.ca for your free trial. ConstantContact.ca Hi, everyone, from New York Magazine and the Vox Media Podcast Network. This is On with Kara Swisher, and I'm Kara Swisher. Today, we're going to talk about a topic I know well, but one I wish wasn't so relevant, political disinformation. Donald Trump's charismatic leadership is built on a foundation of half-truths, misrepresentation, lies, and conspiracy theories, in a word, disinformation. From the birther conspiracy to his attempt at manufacturing a Burisma corruption scandal to the big lie and the January 6th Antifa nonsense,
Starting point is 00:01:57 Trump has flooded the zone with shit, as Steve Bannon would put it, and in fact has put it. But it's not just Trump. House Republican leaders like Jim Jordan and many of the Republican rank and file play along too. The GOP targets researchers who study disinformation with lawsuits and congressional hearings, threatens tech companies who try to moderate their content, and they spread their own disinformation, most recently about the Baltimore Bridge collapse. So we put together a panel of three expert guests to help us wade through the muck.
Starting point is 00:02:27 Barbara McQuaid is a law professor at the University of Michigan, a former U.S. attorney for the Eastern District of Michigan, a legal analyst for NBC and MSNBC, and the author of Attacks from Within, which methodically dissects the domestic disinformation threat and proposes a raft of solutions.
Starting point is 00:02:45 Sasha Eisenberg is a journalist and author of five books, including The Victory Lab, which pulled back the curtain on political innovation in electoral campaigns, and The Engagement, a massive 928-page tome on how gay marriage became legal. His latest book, The Lie Detectives, uncovers how Democratic operatives have tried to deal with the unending barrage of disinformation. Nita Jankiewicz is a disinformation researcher and author, the former vice president of the UK-based Center for Information Resilience, and famously was the head of President Biden's short-lived Disinformation Governance Board, which quickly came under attack from Jim Jordan and others. To be fair,
Starting point is 00:03:25 it was a terrible name. She also recently wrote a joint review of Attacks from Within and the Lie Detectives for the Washington Post, and she's a perfect expert to round out this trio. Our question today is from Nicole Perlroth, who covered cybersecurity for a decade at the New York Times before joining the advisory board at the Cybersecurity and Infrastructure Security Agency and the Council on Foreign Relations Cyber Task Force. She's now a managing partner at Silver Buckshot Ventures, a VC fund that backs cyber startups. I'll talk with Barbara, Sasha, and Nina after the break. Fox Creative.
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Starting point is 00:06:55 Get started at HubSpot.com slash marketers. So, welcome, Barbara, Nina, and Sasha. Thanks for having me. Great to be with you, Cara. Yeah, thanks so much. It is on! game and said disinformation, they probably would have answered Russia. But all three of you are more focused on domestic disinformation, even though foreign disinformation is still a major threat. Explain what changed in a sentence or two, Barbara, then Nina, then Sasha. Well, I think that some people learned from Russia's effectiveness in the 2016 campaign about how effective disinformation can be. And so I think we are seeing it now more and more creeping into our politics, even in the language that we hear. Donald Trump referring to the January 6th attackers as hostages, for example, and then members of his party picking up on that.
Starting point is 00:07:56 I feel like we've entered this period where tribe seems to matter more than truth. Go ahead, Dina. Yeah, I mean, I think that we've seen foreign actors need to cover their tracks a lot more, and we've seen a lot more information laundering, right? So I'm not saying that every disinformation narrative that we see coming out of the GOP is coming from Russia, right? But it's a lot easier for different actors to spread this stuff, especially if they are, you know, local American voices. And that's what we've seen since 2016, more and more. Sasha? Yeah, so, you know, the
Starting point is 00:08:26 barriers to entry to be a political communicator have been significantly lowered by the internet, and all sorts of folks who wouldn't have had a way of reaching a large number of voters at one time now can. And that's not just foreign governments, That's individuals who may or may not be anonymous. That's people who are figuring out how to make money off of misleading content. And it's created this environment where you have a very asymmetrical election dynamic where if you're running for office, your opposition isn't necessarily your opponent. It's not another party. It's not another candidate. your opposition isn't necessarily your opponent. It's not another party. It's not another candidate. It's somebody who's not operating under the same constraints or public accountability that we push on our political communicators.
Starting point is 00:09:12 I'd love to use the term propaganda because that's really what it is in a lot of ways, old-time propaganda with new tools. But one of the things I was joking about the other day, you know, the Washington Post says democracy dies in darkness. I think it now dies in the full light of day. Like like it's not even hidden in some ways. So let's set the table tech platforms have democratized disinformation, like you said, and anyone can spread it for free at scale. And it's impossible to track, although they don't really, their tracks
Starting point is 00:09:38 are right there. AI can supercharge it, Trump spreads it daily. And he has a formula, which is old school, I just talked to a bunch of people about historical ways that it had been done in the past. And the GOP shuts down attempts to address issue by crying censorship. So as we head into November, I'd love to know your worst fears around disinformation and the election. Let's start with you, Nina, and then Sasha and Barbara. Yeah, I think, you know, Cara, and then 2018 and 2020 very successfully highlighted some of the really harmful attacks on our information environment that were going on then. So, of course, my personal experience with the GOP recently over the past two years has not been pretty. My family is still subject to threats because I deigned to take a job in the Biden
Starting point is 00:10:40 administration trying to address this stuff. And I'm not the only researcher that this has happened to. And we have this litigation, you know, just completely furtherless litigation against the government, against researchers who are trying to shine a light on this stuff. So that has frozen cooperation. And we are heading into a really crowded information environment, which you've just described beautifully, with a lot of threats. And people are struggling to work on them. That's my worst fear. No, That will be a case in front of the Supreme Court. It has been, and it looks like they're going to lose, but they made the attempt. It's the slowing down, Sasha. Well, that's not the only case that's out there. No, I get that. Although I've been noticing a lot more academics talking out. They're sick of it. They don't care anymore, essentially. Sasha?
Starting point is 00:11:24 of it. They don't care anymore, essentially. Sasha? The thing I'd be most worried about right now is the effect on down ballot races. I think the ability of any piece of disinformation or, you know, given conspiracy theory or narrative to disrupt the presidential election or a high profile statewide election is, you know, I think it's good that people are vigilant, but I think we might overstate that. There's just so few opinions that are in play. And and a lot of the campaigns and party apparatus are in a way that they were not in 2020 or 2018, I think, sort of prepared to deal with this tactically, where you don't see any of that is when you get down to a county executive race or state legislative race, city council race. These are campaigns that sometimes don't have a full-time digital staffer, let alone somebody who has had any training dealing with disinformation. Their communication staffs often haven't ever been exposed to something like this. And these are people who do not know how to contact the platforms to get attention on their stuff. And the platforms aren't prepared. They don't even have names of all of the people running for office in the United States, let alone the ability to
Starting point is 00:12:28 train staff, algorithms to detect and respond to it with the speed that it demands. And that's where I think if something happens, something bad happens this year, it's probably going to be with a candidate we're not talking about right now. Yeah, I think you're probably right. I don't know if you know this, but the New York earthquake was due to DEI, according to 22. Anyway, Barbara? I'm most concerned about voter suppression. I think that one thing that we may be seeing, as we've seen in the past, is an effort to find groups that, you know, are demographically likely to vote for particular candidates who are targeted with false information to keep them away from the polls. So, you know, for example, we know that Robert Mueller discovered in 2016 that there were all these fake social media accounts, including just, for example,
Starting point is 00:13:13 one with a name Blacktivist, who cultivated a lot of followers posing as a Black political activist and then said, as the election approached, we should all send a message to Hillary Clinton and let her know we should not be taken for granted by staying home from the polls. And so, you know, we'll never know what extent that affected voter turnout, but if even a little bit in a swing state that was, had a close margin of victory, that could matter. We also saw in New Hampshire during the primary, fake robocalls, AI-generated voice that sounded like Joe Biden urging voters to stay home from the polls. Don't waste your vote. Save it for November. And of course, it was somewhat inconsequential in a primary that was uncontested.
Starting point is 00:13:56 But, you know, imagine if voters got a message like that, you're pulling places out because of a power outage and the election's going to be Wednesday instead, or they've moved it to next week, or whatever it is, all of that information could be harmful. Will AI play a significant role in the disinformation wars this election via deep fakes and otherwise? Because I see even more, not necessarily robocalls, because who knows what they do, but fake stories that could happen, not just deep fakes, like one of the candidates is dead on election day or that morning or something like anything like that that's somewhat believable. So talk about the role of AI then. Sasha, you start because it just, to me, it's the same stuff, but supercharged, obviously, and done in more creative and quick ways. Certainly, it is making the production of
Starting point is 00:14:43 deepfakes. Audio is probably the biggest or most urgent problem this year because I don't think people have the normal tools and clues to find imperfections the way that they do in video or still photos. about focusing too much on new technological innovations and losing sight of the underlying issues, which is that we have a public that is receptive to a lot of disinformation. We have a weakening of the institutions that once helped voters, citizens discern what was true from what is false. And if you look at, you know, what I would think in the United States are probably the most damaging episodes of disinformation, things that are not not just one individual deepfake, for example, but things that turn into sort of totalizing conspiracy theories that dramatically shaped our politics. You know, I think about QAnon, coronavirus related stuff and the 2020 election, and none of those had their roots in any sort of high tech deception. I mean, QAnon was the most primitive technologically was like ASCII text on a on a bulletin board. And, you know, it's not like anybody got created vaccine skepticism because they generated, you know,
Starting point is 00:15:58 deep fake randomized control trials from Pfizer. They, you know, all of these are instances where They don't need to. that's out there from our fellow citizens for it and their receptiveness to it. Well, talk about that, Barbara, demand. And is AI, does AI make a difference? I do think it does supercharge it in a way that we hadn't seen or targeted. And, you know, the reason Facebook's ad businesses are roaring back is because of AI. It got blocked by traditional things around Apple, and then it's roaring back. Barbara? Yeah, you know, I saw a report that Microsoft has warned that, you know, as recently as the past couple of days, that China is using AI to interfere in upcoming elections, not only in the United States, but in India and South Korea. And that content, and it's, you know, I think it's hard for people to even imagine
Starting point is 00:17:06 what that might look like. But I think it could be anything like from the robocalls that we talked about, just keeping people away from the polls. I think even if people are disinformed about how to vote, that could make a difference. You know, voting rules have changed in recent years. In some states, it's become harder to vote. In other states, it's become easier to vote, but the voting rules have changed. And so what we often have, I've done some voter protection work, is there are many people who vote only in presidential elections. And so they show up in the same place they voted four years ago, only to find out that's not where you're voting this time because of redistricting or something else. And so if you pump out information, sending people to the wrong place place or that you have to register by X date or that, you know, you can only vote in person or you can't vote here or you need this kind of ID, just enough to create confusion, I think, is something that could be done.
Starting point is 00:17:53 So you could imagine some AI-generated thing that just looks like you're an election official from someone's state and you're pumping out information. Which they've done previously with flyers or something like that. Yeah, so I think it's just a new tool. But as you say, same old tricks, and especially just creating confusion around the process for voting, I think could have a harmful effect on the upcoming election. I think we've a little bit undersold text-based AI, text-based generative AI. So when we look at the Russian operations or Chinese operations that we've seen in the past, one of the ways that we identified them was through the idiosyncratic linguistic issues that they messed up. So they would use an idiom incorrectly or misplace an article or not use one, right? Now you can generate that at scale in pitch perfect English with idioms, with emojis, and target it
Starting point is 00:18:46 to your most vulnerable audiences. And I want to kind of foot stomp something that Sasha said before, which is that the most successful disinformation isn't stuff that's just cut and dry fakes. It is targeted at real vulnerabilities, real kind of grievances in society. And that's what AI is able to iterate. I'm less worried about kind of the audio and video stuff and more worried about the fact that these text-based models, and I'm not even talking about chat GPT or the open models that, you know, we all know. I'm talking about the ones that the Russian government and the Chinese government are creating based on, you know, the open source material that the internet provides. Which they can get. That's there, yeah, of course. They can also buy it. Exactly.
Starting point is 00:19:21 Yeah, I think it's good. You can also buy it. Exactly. Yeah. Yeah. I think it's good. Yeah. And also say that the ability of AI to just create volume quickly can add to a flood of deceptions where it doesn't matter if any individual deception is in and of itself persuasive,
Starting point is 00:19:37 but where you could create almost a whole world of interlocking accounts or storylines that all sort of either reaffirm one another or point in so many different directions that voters are just left unable to process what the underlying truth is, right? And I think that's a big, I think, a meaningful upgrade in the capacity to use the internet for deception. To me, it's like a Xerox machine or something like that. So Barbara, in your book, Attack From Within,
Starting point is 00:20:07 you write that the current brand of disinformation in the United States is dramatically different from prior forms. And you're right, even though past presidents used disinformation to start wars, Trump is different. Talk about the unique threat he poses besides shamelessness,
Starting point is 00:20:21 which is his greatest quality, I think. Yeah, I think that he doesn't care that he is not telling the truth. He doesn't care that he's being exposed as a liar. And as he has said, he could stand on Fifth Avenue and shoot someone and not lose any voters. And that is because he has built this idea of tribe over truth, that he has used a debater's trick of the either-or fallacy, which is there are only two choices of anything in this world, and then I am going to portray the other side as so awful, so I'm going to demonize them. I'm going to talk about how they are animals and vermin, how they are radical leftists. I'm going to make them look so undesirable that you will feel like you may not love me, but you have no choice other than to choose me because the other side is so untenable. That is an old tactic in a way, but the way Trump has sort of revolutionized it, I guess, is this idea that truth doesn't matter,
Starting point is 00:21:19 that people are choosing their tribe, their party over truth. And, you know, you look at what Liz Cheney has gone through. This is not about conservative versus progressive politics. It really is about choosing this political tribe over, you know, it's the ends justifying the means. So what is revolutionary about what he's done, though, from your perspective? I think this idea of being in a post-truth world, a post-shame world, where we're caught in a lie and we don't care anymore. I think there was a time when people cared about integrity and cared about truth. And if somebody was caught in a lie, they shuffled away in shame. I mean, remember Gary Hart challenged reporters to find him
Starting point is 00:22:01 in an extramarital affair, and then they did, and he had to slink away in shame. And I think that Donald Trump has tried to reach out to voters and persuade them that truth just doesn't matter. Truth is for suckers, and that you should choose the candidate who best represents your interests, your values, who will get you the most money, the most prosperity, and all the other stuff doesn't matter because, you know, truth is for the naive and the suckers. And I think that's the part that is so disturbing. And the fact that people believe it. Nina, for a brief moment in time, you're Executive Director of the Disinformation Governance Board, which is simply the worst name I've ever heard.
Starting point is 00:22:44 Yes, not mine. A little bit of marketing could go a long way there. Yep. You might have called it Ministry of Information. But there's a lot of disinformation about your board and your role in it. Explain what it was supposed to do, what your role was, and what happened, the Cliff Notes version. So the Disinformation Governance Board was an internal coordination body. You can tell that some bureaucrats named it because they thought no one would think the name was bad.
Starting point is 00:23:11 It was supposed to govern DHS's internal policies about disinformation and how it was going to deal with it. And really, if you look at the governing documents, which are available online, although no one ever reads them, it says that the primary purpose of the board was to make sure that DHS wasn't trampling on civil rights, civil liberties, privacy, et cetera, and bring best practices to the department. Because the department did a really poor job rolling it out and was extremely untransparent about it, of course, the right and some on the very far left had a field day with it and called it exactly what you said, not even Ministry of Information, Ministry of Truth. I was the truth czar. I was on the front page of the New York Post, talked about, lied about on Fox over 400 times. I'm now suing them for defamation because the threats against me and my family continue to this day because people think I've committed
Starting point is 00:23:58 treason. And I think the most disappointing thing for me was that the Biden administration just didn't stick up for it. They didn't stick up the Biden administration just didn't stick up for it. They didn't stick up for it. They didn't stick up for me. They just rolled over. And as a result, I think part of the attacks that we're seeing today was because the Republican Party got that proof of concept with the board. I was 36 weeks pregnant at the time that this was all happening. And so I said, sayonara.
Starting point is 00:24:20 I'm going to go have my baby and hopefully live in peace. Of course, the attacks continued. But the Biden administration could have stuck up for this and said, we're going to dig in our heels. You're lying about what we're doing. Strategic silence doesn't work in this environment, which is, I think, what's novel about what Trump and the party are doing, right? Yeah, yeah. No, no. Strategic mouthery is really weird. Let me ask you, when did you not anticipate that? First of all, what would you have called it? I'm just curious if you had.
Starting point is 00:24:46 We debated this internally. Anyone else can jump in. Yeah, I don't know that there is a good name for something like this. You know, advisory board, perhaps, not governance board, certainly. I did anticipate this. I said to my bosses, two of whom worked directly for the secretary, that efforts like this in Europe that didn't roll out with full transparency had gotten maligned. And we didn't want to go that direction. I wanted us to succeed, right? I thought this was an important coordination body that would increase our national security, make us safer. They said, sure.
Starting point is 00:25:21 They said, sure. I wrote up multiple comms plans for them and was kind of shooed away by the secretary's comms advisors who thought that they knew the information space better than the Internet expert they brought on to run this thing. Yeah. Bitter, not at all. But Department of Catching Lies would be what I would call it. But, well, that really wasn't the job. If you had gotten to do your job, what would you have done ideally leading up to this election? Yeah, I mean, the big thing that I saw in my 11 weeks at the department was that our civil servants needed to be better educated about these threats, right? These are not necessarily,
Starting point is 00:25:57 they're really, really dedicated, smart people, but they're not experts about, you know, how to communicate what they're doing, whether they're at, you know, FEMA, Customs and Border Protection, or the Cybersecurity and Infrastructure Security Agency. We needed kind of a unified policy for all of those things, and all of those are in DHS, right? So it's the Secret Service and the Coast Guard, about how to deal with these threats. And also look at things like information literacy, right? Information literacy, right? The answer to disinformation, in my opinion, and in all of my work, if Fox News had cared to read it, is not about taking information offline or playing whack-a-troll. It is about teaching people going to tell me what to read and what not to read. No, I'm going to tell you maybe if you're seeing something over and over on your Instagram feed, there's a reason that you're seeing it because you're being algorithmically targeted to, right? And what behavior has caused that? Who's behind that targeting?
Starting point is 00:26:55 And that's what I think people need. security of the homeland, as they like to call it, just communicating a little bit better, telling a better story than the people who are telling the salacious, you know, wild rumors. Clearly, DHS couldn't do that even in its own defense. So I'm not sure. I'm just curious what you thought would happen there. I am not surprised. I mean, the extent to which the debate over whether disinformation is a meaningful concept has become as polarized as everything else in our politics. And I think that there's been, you know, since the 2020 election, the first policy pronouncement that Donald Trump put out when he announced his candidacy for president in 2022 was about this topic. This has become like a core political commitment of Republicans. It's one of the few things that unites sort of traditional establishment Republicans and MAGA Republicans is suspicion of any efforts to even talk about disinformation as a category. And so maybe I thought that Nina could have lasted longer in that job.
Starting point is 00:28:07 I guess a Jankowicz. You try it when you're when you're 36 weeks pregnant and walking in heels, getting rape and death threats. I understand why a Jankowicz is worth equal to seven Scaramucci's. That is what they said about me. That is what they said about me. But, you know, no, I think it's incredibly difficult for anybody anywhere in our in our politics or government to to approach this in any way. And I'm not sure any rebranding would. It might take a little bit of the heat off. But fundamentally, I think you have a half of our political system that disputes the premise. Barbara, you'd agree with this?
Starting point is 00:28:39 It's absolutely the case that I think the the far right has taken the word censorship and used it as a weapon. Anything that seeks to in any way learn more about the problem of disinformation and protect us from it is branded as censorship. But I think that you've got to still have the courage to go forward with this. You know, I did a lot of work in national security when I was a prosecutor, countering violent extremism and other kinds of things. And there was a lot of pushback against those things. But I think at some point the administration has to say, this is what we're going to do and not be so fearful. I think that everybody's just so scared of Donald Trump and his ilk that they don't have the courage to stand up and say that, you know, this is wrong. We need to protect
Starting point is 00:29:26 this. This is information warfare. We're being attacked from outside our country. And maybe the way to focus on it is this is an international threat to our sovereignty. And, you know, that in the same way we defend our country with our military, this is a way to defend us from information warfare. And we need to do this to protect our country in the way that warfare is fought in the 21st century. We'll be back in a minute. Your business is ready for launch but what's the most important thing to do before those doors open is it getting more social media followers or is it actually legitimizing and protecting the business you've been busy building make it official with legal zoom legal zoom has everything you need
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Starting point is 00:32:55 Listeners of this show can get a $75 sponsored job credit to get your jobs more visibility at Indeed.com slash podcast. Just go to Indeed.com slash podcast right now and say you heard about Indeed on this podcast. Indeed.com slash podcast. Terms and conditions apply. Need to hire? You need Indeed. I asked an expert to send me a question and today our question comes from Nicole Perleroth. I asked an expert to send me a question and today our question comes from Nicole Perleroth. Hi, Cara. This is Nicole Perleroth, author of This Is How They Told Me the World Ends and longtime cybersecurity journalist. My question for your panelists today is the following.
Starting point is 00:33:46 One, do you feel our system for tracking misinformation and disinformation has been neutered to the point that we'll even know if or when the upcoming election has been interfered with? And secondly, is there a way to track these threats in such a way that we can effectively protect the trackers themselves from the kinds of spurious political challenges and coordinated online campaigns that we've seen silence them over the past two years. Thanks so much. Sasha, why don't you take this one? Well, to the first part of Nicole's question, I think we have a lot less visibility into what's going on online now than we did, let's say, between 2016 and 2020. And I think some of that is that platforms, there's less that's sort of transparently available on platforms to researchers. And that's both academic researchers, folks within the campaigns that I'm writing about who are trying to help campaigns make strategic and tactical decisions about this.
Starting point is 00:34:35 And then the other part of it is that, you know, I think a lot of our conversation defaults to talking about social media platforms. But I think we need to think about messaging apps, which, you know, think WhatsApp, Signal, Telegram, that have become these like hybrid sort of, you know, group text threads and, you know, broadcast platforms. immigrant communities in the United States. They're often a primary source of political information, and they are encrypted end-to-end, by definition, inaccessible to outsiders. And so, you know, I write in my book about, like, the Democratic Congressional Campaign Committee. Now, when they send a field organizer out to, you know, especially to Asian areas of Orange County or Spanish-speaking areas of Southern Florida, the first thing they do before they open a field office is to ask to get invited to all the local WhatsApp groups, because that's the way that you find out what the information flow is to the voters there.
Starting point is 00:35:33 And there is no way for anybody to know what's going on in those closed groups unless they're part of them. Right. Let me ask the second question, Nina, how you can protect the trackers because you didn't get protected, as you were noting. Yeah. And push, pull them away from silence. Yeah. Well, first, let me just also say that I think we got to lay some culpability at the social media platforms for turning off these spigots of information. Right. from other people among them, like Elon Musk, right? And as a result, we have complete opacity into that information environment, except through paid tools, which is really screwing with things ahead of the election.
Starting point is 00:36:11 In terms of protecting the trackers, this is something I've thought a lot about, obviously, over the last two years. I think for some folks, there has been like a First Amendment community that stood up for them. It's not come for everybody. A lot of academics, a lot of researchers at think tanks
Starting point is 00:36:25 are not well-equipped to do the sort of communications campaign that we need to push back against these narratives. There are so many people who I think would be outraged at this existential threat to freedom of expression and academic integrity that's going on right now, which I think is the biggest since the McCarthy era, that they have no idea it's going on, right? So we need to put that out clearly. And I can't say much right now, but I am going to be working on that ahead of the
Starting point is 00:36:49 election because I now, my legal threats have dissipated somewhat. I'm sure they're going to come back soon, but I'm tired of taking this lying down. And I think we all need to stand up as a community and really stand up for our rights to free expression. It's not the other side that are getting censored. It's the folks who are shining a light on the information environment. I always say the people who scream censorship are always the ones who never shut up. Exactly. But let's imagine Congress are capable of passing tech regulation. You want them to disclose how they use algorithms, but algorithms are their business, is what
Starting point is 00:37:19 their argument is. Can you force them to reveal their secret sauces without infringing on IP rights? You're the lawyer here. What's the solution? Because they say that's so, you know, these algorithms that Facebook has used that pushes content designed to generate outrage, you know, certainly that is something I think that we could ban, purposely designed to generate outrage just to keep us on the platforms longer so they can sell their advertising rates at a higher rate. The idea that they've got bots online. I think we could require the elimination of bots, which are designed, trained trolls to argue with us. If they see the word MAGA, tell us, no, you're not. I'm not. You are. I know you are, but what am I?
Starting point is 00:38:17 So just designed to do that and to amplify some of this false content so that messages look far more popular than they really are. I think that's something we can do. And then the other thing I would really like to see is the way they are scraping our personal data and selling it to advertisers and to political consultants. That's what enables them to micro-target us, you know, to get to the groups that Sasha's talking about, where there isn't even visibility into the messages that are going into certain groups because the rest of us don't even see it because it is so micro-targeted. So I think—
Starting point is 00:38:49 There's a legislation in Hill right now that has elements of that by Senator Cantwell and others. Yeah, so I think if we did those three things, I think we could go a long way toward mitigating some of the problems we're seeing with disinformation. Of course, it's a moving target. There'll be more, but I think we need to keep chasing it. One of the things I love in Barb's book, a novel solution that I've never heard anybody else propose before, is having tokens, essentially, that people can trade in for access to paywalled websites. I think that's a way to solve kind of the public media access to information issue that is really novel. It allows editorial integrity to persist, but gets people access to more good, hopefully good information. I love that. We'll get to more solutions at the end. But Sasha, you said the tech companies only cared about content moderation when they were trying to fend off regulation, which of course they were doing. And now they're worried about being attacked, you know, in a big
Starting point is 00:39:36 brother-like censorship regime, paint them as that. When did that flip happen? And I think they've always been worried about free, talk about free speech in my experience, but they seem to abandon content moderation in all forms as much as they can avoid it because it's such a pain to do. Yeah. Talk about this. No, I think they have business reasons. I think they have sort of ideological reasons. It's expensive. It doesn't win you a lot of fans in the particular, but there was a period, period I think in 2018 and 19 where Facebook in the aftermath of the sort of Cambridge Analytica scandal wanted to make a big show about sort of good citizenship about political communication on their platform and not just in the US globally. And that dissipated post 2020. I think that that what we've seen is that the shift that we were talking about that Nina was was a victim of the sort of view of this as is by itself something that the platforms will only get more and more hands off on doing content moderation work. I would sort of be alert to the possibility that this can be cyclical and push back in the other direction.
Starting point is 00:40:59 I actually don't think it would take all that much. I mean, I think we sort of have the environment we're going to have through November of this year, certainly. But I don't think it would take all that much in a change in power in one or both of the houses in Congress, in some events geopolitically or in the U.S. that make, in the same way that after 2008 and the Arab Spring, social platforms wanted to be seen as places where civic participation happened. I think we can imagine a charismatic candidacy of some kind or a change in their business models that make them more interested in getting political advertising, which many of the social platforms have been happy to shrug off. But if they might start to
Starting point is 00:41:34 see it as a meaningful cost of winning back political advertising, which is going to be, you know, over $10 billion of potential revenue this year um and and see that as a as something that goads them into at least returning to a posture of not being actively disdainful of this yeah i called it tainted meats maybe this meat is tainted maybe this one isn't i don't know just good luck with it but nina you um you talked about the flood of disinformation your piece in foreign affairs um youtube no longer takes down claims that the 2020 election was stolen. They've just gotten exhausted, I think. And the federal agencies can't cooperate right yet until the Supreme Court decision is in, and there's lots of lawsuits,
Starting point is 00:42:14 but that one will matter a great deal once they declare that. There's going to always be a tension between the First Amendment, which I believe no tech executive has ever actually read, even though it's first and short, and our desire to protect our democracy from disinformation. What do you think the right balance between where the federal government should be? What do you think the Supreme Court's going to decide here? Well, it seems to me that in Murthy v. Missouri, the Supreme Court is going to go the way of truth, right? This was a lawsuit that not only was, I think, riddled with inaccuracies as a diplomatic way to put it. It was just based on lies, in my opinion. I think there is a conversation to be had about what the appropriate limits are between government and
Starting point is 00:42:55 tech cooperation. It just needs to be based in facts. And the first thing for those to get those facts, for me, is basic oversight and transparency legislation that's cropping up all over the world and the United States is lagging far, far behind on, right? If something's broken, if we have airplanes falling out of the sky, we do investigations about what's going on with those companies. And right now, we don't even have that modicum of a basis of truth. All the information that we know is from whistleblowers or people who have been fired or from researchers like me, in some cases, who don't adhere to terms of service to gather the data that they're gathering, right? And it's a very small sliver of it.
Starting point is 00:43:32 And I think we need to see the whole picture about how they're making content moderation decisions, how, you know, the algorithmic biases work, like Barb was talking about. We're not having that conversation. And not only is that affecting democracy in the United States, but because most of these companies are based here in the U.S., it's affecting democracies around the world. I think that's a huge dereliction of duty. So, Barbara, speaking of that, you know, let's talk about some of those solutions. The Times recently had a piece on the use of defamation lawsuits to fight back against disinformation. Is defamation a good way to do this from your perspective? So defamation is an option, and it's actually been gratifying to see some of these defamation suits be successful. The Dominion case against Fox News, we've seen Rudy Giuliani being held accountable by Shea Moss and Ruby Freeman.
Starting point is 00:44:15 Donald Trump, of course, with E. Jean Carroll. But it's not an easy solution. You know, if you sue somebody for defamation, you put your whole life on display for the world. You have to sit through depositions where they're going to ask because you have to prove that your reputation has been harmed. And so that means your reputation is there as a blank slate for everyone. And so it's very difficult. It's intrusive. It's invasive. It's costly. And so it's not a great solution for many people. I think one of the other challenges with defamation is that a lot of times we don't know who the perpetrator is. You know, if Donald Trump says something on Fox News, you know who it is you want to sue. If it's just some, you know, Patriot Girl 62 online, you don't know who the perpetrator is. And so it's difficult to hold that person accountable. I think that we are going to have a reckoning with how we think of social media platforms, because at the moment, they kind of want to have it both ways. On the one hand, they say that under Section 230 of the Telecommunications Decency Act of 1996, they say, we are not a publisher. We are simply putting out a platform there for publishers to come on and publish whatever it is they want. We're just providing, you know, the town square. you know, the town square. But when it comes to the cases against the net choice cases against Texas and Florida, they say we should be permitted to make our own editorial decisions. We have the same editorial discretion as the New York Times and all other publishers. Well, which is it? Are
Starting point is 00:45:36 you a publisher? Are you not a publisher? And I think we need to, yeah, I think we kind of need to figure that out. And right now they enjoy this immunity. I don't know if we need to remove all immunity, but I think we could hold them accountable for certain things like taking a paid ad content, for example. If they're going to have a political ad online and that includes false statements, you know, maybe they can be responsible for those because they accepted money in exchange for posting it there. for those because they accepted money in exchange for posting it there. So I think that it's, you know, it's a little bit of a square peg in a round hole. We haven't quite figured out how to treat social media in the First Amendment landscape yet, but I think we'll get there. And I think that they may be their own animal where they get some protections in some spheres and not protection, especially when it comes to receiving payment for their content. If they're receiving payment, then maybe they should be responsible legally for what they post.
Starting point is 00:46:24 Right. And Nina, how do you feel about your lawsuit? Well, right now we're waiting for the judge and the federal court of Delaware to rule on Fox's motion to dismiss. And so we've been in stasis for a couple months. But I think, you know, we've stated a claim and that's all you need to do to clear motion to dismiss in a defamation suit. I think it is clear based on Fox's track record that actual malice is there. I think it is clear based on Fox's track record that actual malice is there. I don't think they would have kept coming back to, at the time, a 33-year-old pregnant woman over and over if it weren't profitable for them. And also, they knew I was receiving death threats. They somehow got access to some of my Facebook posts at the time.
Starting point is 00:47:00 Somebody leaked one of those, and they laughed about it. You know, I mean, I think that shows what they're up to. And I feel like when we're talking about, you know, Dominion or cases like Smartmatic, U.S. law, defamation law really preferences or privileges companies, but there aren't a lot of instances of individuals taking on a corporation of this size. And I think they need to be held accountable. Well, they've lost quite a bit. Sasha, let me ask you this. You explain how the Democratic Party in your book swore off disinformation after Reid Hoffman, who I just spoke with today, actually. He's a billionaire Democratic donor. He got bad press for funding some dirty tricks in the Senate race between Roy Moore and Doug Jones. How do they look at it? Should we jump in the water with the Republicans or not? So you can find all sorts of Democratic political professionals who will say, why aren't we fighting with fire with fire?
Starting point is 00:47:51 I guess you can mix your water and fire metaphors here. But none of them really are willing to say it out loud with their name attached. And it's partially because this would have been a very open discussion among folks on the American left starting after 2016 about what was on the table to navigate this new information environment, basically got shut down when it came out in late 2018 that some of Hoffman's money had gone to these two projects in Alabama. And he drew a moral line. And at that point, I don't think there was anything approaching consensus on the sort of propriety of starting disinformation factories for Democrats to use to win elections. But at that point, basically everybody on the American left was
Starting point is 00:48:31 either getting money from Reid Hoffman or wanted to get money from Reid Hoffman. And when he said, I don't want to be, he has a lot of money and he's been, you know, he sort of made potentially the mistake of talking about in high- minded ways about Trump's anti-democratic tactics. And so there were very, I think, real accusations of hypocrisy that were mounted when his money went to that stuff. I think that I would be surprised if we get to November of this year and we do not see for the first time since 2017, as best I know, a significant effort by funded by folks on the left to um to to try to to play this game too I think that people recognize the stakes are pretty high this year yes based on just talking to him yeah I would say yes and we should say that the that the line there's a line
Starting point is 00:49:17 about disinformation there are also other lines I think Democrats sort of respect that you know you hear debates among Democrats. Flat out lying. Yeah, flat out lying, but also things that could be seen as anti-democratic, but would advance their interests. So like, what if you did targeted digital ads that showed Donald Trump saying, don't vote early, it's not trustworthy, your vote doesn't count, and put it in front of low propensity Republican voters who listened to him. There are a lot of Democrats who will talk about that, but very few who have been willing to go forward with it. And I suspect that they'll sort of tear open
Starting point is 00:49:49 a lot of tactics this year that they had put aside for a little while. Okay, final questions for each of you. I'm going to start with you, Barbara. Your book has a lot of recommendations, some like getting rid of being anonymous online, like getting rid of being anonymous online, which I find problematic. Others telling us to choose truth over tribe, which is hard to implement. Give me very quickly your single most actionable recommendation. I think regulation of social media to regulate algorithms, eliminate bots, provide disclosure of paid ads, the source of paid ads. I think if we could do those three things, we could go a long way toward reducing some of the
Starting point is 00:50:34 disinformation we see online. And for Sasha, for you, you have aligned to the Biden's brain trust. What's the campaign's plans for fighting the flood of disinformation coming from Trump, his allies, and the GOP? To see it, as they say, as a supply-side problem and not a demand-side problem. Not to play whack-a-mole with whatever the bit of content or deepfake or whatever that's trending today, but to do research to understand what the sort of underlying concerns or anxieties of the small share of voters who are actually persuadable in this election have about Biden, about Kamala Harris, about issues, and use their messaging to address that without responding to the disinformation in a way that could amplify it or draw attention to it.
Starting point is 00:51:17 Right, right. Is it working, do you think? Generally, I think that they are thinking about this the right way. And I think it's one reason you see a lot of there are a lot of folks on the left who spend a lot of time saying, why aren't they answering this or that today? And if they're not, it's probably because either they have decided that this or that is not as Rob Flaherty, who was the digital director and on the 2020 campaign in the White House, described it to me as wasn't market moving disinformation. The research suggested it actually wasn't. There's a lot that goes on online that is Trump supporters creating, you know, disinformation to amuse themselves because it's a form of sort of like expressive, affective identity for them. And it might be bad for society and bad for democracy. And it should be a problem for the platforms that this stuff is circulating. But it's not necessarily an electoral threat to the Biden campaign or to Democrats. And so they're, they are working hard to make sure that they are not getting distracted
Starting point is 00:52:08 by things that are not actually... Ignore all those stupid boob jokes of Elon Musk. That's what I say. Let's just move on. Nina, you get the last question. Let's imagine Biden wins in November. What's the single most important thing he should do to combat disinformation during his first 100 days? I feel like a lot of that ship has sailed, but I think we can take a page from some of our allies in Europe who have recognized this from the very tops of their governments as the strategic threat that it is and given taskers to every agency about what they're going to do and how they're going to do it, making sure that there is somebody coordinating all of that within the NSC. I think that is going to move policy forward and have that person coordinate with Congress,
Starting point is 00:52:48 and you might just have some real actionable policy moving in the United States. But even if Biden wins, I'm not sure we're going to see that just because of how polarized this topic has become, unfortunately. Well, on that happy note, I really appreciate it. Thank you, all three of you. Thank you, Sasha. Thank you, Nina. Thank you, Barbara. Thank you. Thank you, Kara. Great to be with you all.
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