Meta's blockbuster trial draws parallels to big tobacco

(economist.com)

91 points | by newsomix9xl 2 hours ago ago

66 comments

  • matrix87 an hour 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

    • meowkit an hour ago

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

      Roughly that.

      • matrix87 41 minutes 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 23 minutes ago

          Law is about intent. It is not code, and it’s a mistake to think of law like code where you need to unit test and cover all edge cases.

          In law, it is sufficient to show an intent to take actions that foreseeably caused harm. Specific laws, of course but you don’t need to cover hypotheticals that capture all abstract cases in order to to show a particular actor caused harm.

        • mslt 25 minutes ago

          You’ve not already noticed that the end of every consumer-facing LLM chat always includes an invitation for just one more turn to keep the loop going?

          • bad_haircut72 6 minutes ago

            No matter how intelligent they make the AIs they work for openAI/Anthropic, not the users. Our future lies in open, local models, or we might aswell give up our computers altogether

        • fwipsy 17 minutes ago

          Suppose you have a video service which takes context from previous videos you watched to show you more videos you're interested in. Doesn't sound very addictive, does it? You described it in an innocuous way, but I can absolutely see that being a lead-in to a parasocial "relationship" or even AI psychosis.

          > you can stop talking with the chatbot at any time.

          doubt. Lonely people will get addicted.

        • phreack 37 minutes ago

          I'm not sure about that example. I'm seeing non tech people getting very addicted to their customized chat bots. Companies are very primed to eventually nudge them to enshittify the content of the responses and it could get bad.

        • oblio 40 minutes ago

          > It's not necessarily addictive though because you can stop talking with the chatbot at any time.

          You can also stop taking drugs at any time. Or stop drinking. Or stop smoking. Or stop doomscrolling.

          • matrix87 37 minutes ago

            What I meant to say was, the standard for when we call something addictive is more hazy than that. In general, text based interfaces don't light up the brain in the same way. Psychologically it's a lot easier to walk away from a chatbot vs an infinite feed of short form video... potentially that difference could help find some kind of standard to determine addictiveness

            Edit: I wonder if a hypothetical digital experience like the samizdat out of infinite jest is possible? I.e. a digital experience which hits the brain in the perfect way to produce addiction without a chemical basis

            • ToucanLoucan 32 minutes ago

              > What I meant to say was, the standard for when we call something addictive is more hazy than that.

              If you as a person engage with a product to a degree where it causes demonstrable, measurable harm to yourself or your life, you are addicted.

              • matrix87 20 minutes ago

                If I cut my leg off with a chainsaw, am I addicted to the chainsaw? I think what matters is the intent of the design. E.g. if they design the product to make you need more of it (while it has an actively detrimental effect)

                • ToucanLoucan 12 minutes ago

                  > If I cut my leg off with a chainsaw, am I addicted to the chainsaw?

                  If you repeatedly willingly do so despite the harm, then yes.

      • charcircuit 40 minutes ago

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

        • rf15 33 minutes ago

          Most products don't spy on you?

          • itake 7 minutes ago

            According to "Build things that last" author, 90% of the businesses evaluated are "customer first", meaning business listen to the customer and improve their produce based on that feedback.

      • thesmtsolver2 34 minutes 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 20 minutes ago

          In fully supportive of prosecuting wrongdoing in the food industry.

          But it seems strange to use belief in widespread wrongdoing in the food industry to oppose punishing wrongdoing in the tech industry.

          Is it just nihilism? All industries are corrupt, therefore prosecute none of them?

        • darthoctopus 21 minutes ago

          why do you think that implies leaving out the modern food industry, rather than suggesting that they, too, should be held accountable for flooding us with hyperpalatable foods to addict us? After all, they were literally engineered by the same people as Big Tobacco [1]

          [1]: https://www.washingtonpost.com/wellness/2023/09/19/addiction...

        • dEnigma 30 minutes ago

          Unlike big tech, which would never do that.

    • didibus 27 minutes 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 22 minutes 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 5 minutes ago

          Regulating specific interfaces that have been shown to be addictive is the same as regulating specific classes of drugs. And it’s not like we have a plethora of variants of interfaces that have been equally discovered to be toxic. They are finite and enumerable as they come up.

          If they have a set of characteristics that line up with social negatives, they should be disallowed or not permitted for persons under N years old (like for gambling or smoking). This doesnt solve the problem for adults of course, but its a good compromise.

          I would very readily be in favor of outright banning infinite scrolling video feeds, even if its just for under 18s

    • SpicyLemonZest 41 minutes 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 18 minutes 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 32 minutes 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.

    • Pxtl an hour ago

      > We regulate gambling because it's a specific thing

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

      • ggm 43 minutes 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")

      • mslt 41 minutes 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.

  • demibabs 2 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 6 minutes 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 24 minutes 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 an hour 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 an hour 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.

        • itake 5 minutes ago

          How? The 2 feeds on my IG account: "posts" and "reels" show content of people that I do not follow.

        • demibabs 42 minutes ago

          Of course, but the users can’t be trusted to stay away from something designed to addict them. Only real solution is regulation, although the how is still a big question mark.

          • shaewest 39 minutes ago

            I would ask, where is the line drawn between 'enjoyment and addiction.'

            Is it the harm provided? Then what do we count as harm, and where is the line.

            IE, There's no one stopping me from eating unhealthy, IE sugary foods, which are heavily addictive. I ride a motorbike, and I'd consider myself addicted to that, and it's got a high chance of harm, but we don't ban those. Ditto with gaming, social media, hobby XYZ.

            I personally think the freedom to choose your vice is reasonable.

      • jrflo 9 minutes 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.

      • TJSomething an hour 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.

  • lxe an hour 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.

    • mslt 19 minutes 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

  • Cider9986 5 minutes ago

    [delayed]

  • kkotak 9 minutes ago

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

  • select1 2 hours ago

    Big Tobacco sold a product that was designed to give cancer to the users of it.

    Heroin is addictive, nicotine is addictive. Light and sound are fundamentally different.

    • matrix87 an hour ago

      > Heroin is addictive, nicotine is addictive. Light and sound are fundamentally different.

      Gambling is also an addiction with a non-chemical basis

      • zhoBEENG 19 minutes ago

        IIRC, the lovely book Addiction By Design: Machine Gambling in Las Vegas claims that gambling addiction was a concept pushed by the casinos, to put the blame onto individuals, rather than the machine.

    • itemize123 an hour ago

      the underlying cause of addiction is very different. But if there is enough evidence that they're similarly damaging (in magnitude), I think that fundamental difference is irrelevant.

    • mercanlIl an hour ago

      Biological addiction is different from psychological addiction, sure. But both are addictive. And personally I believe both cigarettes and Meta products are damaging to a subset of the people consuming them.

      Why only a subset? Because not everyone gets cancer from cigarettes. But, like social media, the probability of a negative outcome is too high to ignore.

    • hiddencost an hour ago

      The big tobacco lawsuits hinges on the same things these will:

      (1) Did they know they were hurting users? (2) Can the harm be shown.

      The big tobacco companies intentionally suppressed studies that showed harm, and promoted their product while knowing that. Facebook appears to have done the same.

    • platevoltage 38 minutes ago

      Is the argument here that social media wasn't designed to be addictive? And no, cigarettes were not designed to cause cancer. It makes no sense to design a product that kills the customer.

    • frankest an hour ago

      Not when they condition children and allow access to them by predators. Reports of bad content, fake, and scam behavior go deliberately rejected and Meta profits from scammers doing their scamming among children. (Read up on Officer Gomez reports of grooming all over Instagram and Facebook and TikTok)

    • dsp_person an hour ago

      so you draw the line at smell-o-vision?

      • select1 an hour ago

        I draw the line at physical compulsion, but everyone is different.

        • mslt 15 minutes ago

          So what are your thoughts on tavern slot machines where legal? No chemicals but plenty of people who will openly tell you they wish they weren’t doing thus while they cash out a 90% loss and buy another beer to head back in for another round of punishment

    • intended an hour ago

      Fundamentally different yet with practical outcomes that are close enough. Wildly impressive what we as a species achieved.

      The headline talks about parallels. A closer example is gambling if you are concerned with physical properties of a system. Light and sound.

      • select1 an hour ago

        No one is breaking into cars to pay for Facebook, but they absolutely are with regards to heroin.

        • alastairr 7 minutes ago

          If heroin was free, nobody would be breaking into cars but there'd still be a problem.

          I think we're missing the point debating addictiveness. meta very deliberately use patterns that result in compulsive usage - and at the scale they operate - cause a substantial amount of societal damage as a result.

        • Xirdus 44 minutes ago

          People are breaking into cars because of social media trends. Remember Kia Challenge? https://en.wikipedia.org/wiki/Kia_Challenge

        • Fricken an hour ago

          Facebook is legal, like alcohol. People drive drunk and kill people. People drive while using facebook and kill people as well.

        • psunavy03 28 minutes ago

          They're also not doing that to pay for tobacco. Come on. Heroin is justifiably illegal for good reason already; you're stretching the analogy past breaking point.

    • MengerSponge an hour ago

      > fundamentally different

      fundamentally different how? Because they use your visual cortex to trigger neurons?

      • select1 an hour ago

        Physical compulsion is a pretty big difference.

        • Nursie an hour ago

          All comes down to neurotransmitters in the end.

    • samtheprogram an hour ago

      > designed

      What?

      • select1 an hour ago

        "By the early 1960s, however, Philip Morris scientists had discovered that ammonia could also be used to increase the free nicotine in cigarette smoke, providing a more powerful nicotine kick than the milder low-pH tobaccos traditionally used in American-blend cigarettes."

        They referred to it as 'crack nicotine' internally. It was an entire, giant scandal. They made a movie about it.

        This product that kills the users of it with remarkably high rates and has effectively no positive use is fundamentally different from light and sound.

        • alvah 23 minutes ago

          While that is terrible, it's still nowhere near proving your original assertion.