Meta Case
Meta Case
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   Meta Platforms, Inc. in 2023: Will the Company's Name Change Resolve Ethical Issues at Facebook and Instagram?
CASE 26
John E. Gamble
Texas A&M University—Corpus Christi
M
         eta Platforms, Inc. was created in October           active person (MAP) users in 2023, the amount of time
         2021 through the renaming of Facebook, Inc.          users spent on Facebook and Instagram was decreasing,
         and reflected CEO Mark Zuckerberg’s grand            new user growth was declining, and annual advertising
vision of the future of the internet. The newly named         revenue growth had reversed from a 37 percent increase
company would continue to operate Facebook’s                  between 2020 and 2021 to 1 percent decrease between
family of apps—Facebook, Instagram, Messenger,                2021 and 2022. Opportunities for growth in social
and WhatsApp and develop and market the compa-                media usage in the United States and Canada were
ny’s Oculus VR goggles. Mark Zuckerberg called the            almost nonexistent since saturation rates were near 100
renaming as “the beginning of the next chapter of the         percent for Facebook and Instagram. Also, teens were
internet, and it’s the next chapter for our company           reducing the number of sessions on Instagram as they
too.”1 His vision was an extensive online world that          shifted to new platforms. The amount of time users of
would exist across several technology platforms. The          all ages spent on TikTok doubled between 2020 and
metaverse was a concept based upon science-fiction            2021 and continued to increase in 2022 and 2023. Meta
novels such as Ready Player One and Snow Crash and            expected the use of Facebook to experience an overall
would allow people to exist in a shared digital space         decline of 4 percent by 2024, with usage among teens
using avatars that would live as those in the physical        expected to decline by 45 percent.
world. Digital avatars of users would not only engage              The company’s name change also quickly followed
in video games but could attend digital concerts, try         the September–October 2021 publication of “The
on digital clothes in digital stores, and work in digi-       Facebook Files” by The Wall Street Journal—an inves-
tal offices. Meta Platforms CEO Mark Zuckerberg               tigative journalism series that chronicled information
explained “We’ve gone from desktop to web to phones,          gathered from internal Facebook documents disclosed
from text to photos to video, but this isn’t the end of       by whistleblowers within the company. The investiga-
the line. The next platform and medium will be even           tive series profiled unethical business practices at the
more immersive and embodied internet where you’re             company and focused on the company’s algorithm
in the experience, not just looking at it.”2                  changes that fostered discord, the company’s rules
     Analysts believed that the company’s shift to a focus    that favored elites, the use of the company’s apps by
on the metaverse was largely in response to the declining     drug cartels and human traffickers, and Instagram’s
growth of its flagship apps, Facebook and Instagram.          effects on teenage girls. “The Facebook Files” was fol-
While the company had more than 3.74 billion monthly          lowed in October 2021 by a U.S. Senate Hearing that
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    further investigated Facebook’s business practices and           In 2005, Facebook dropped “The” from its
    heard testimony by former Facebook product manager          “thefacebook.com” name, received $12.7 million in
    and whistleblower, Frances Haugen. Ms. Haugen met           venture capital, and expanded account privileges to
    before investigative committees in the U.S. Congress        U.S. high school students and university students
    and lawmakers in the United Kingdom and European            outside the United States. By 2006, anyone with a
    Union. Ms. Haugen stated that her intention was not         valid email address was allowed to have a Facebook
    to bring harm to Facebook but to make it better and         account. Zuckerberg sold a 1.5 percent interest in
    that “Until we bring in a counterweight, things will be     the venture to Microsoft in 2007 for $240 million,
    operated for the shareholder’s interest and not for the     which began a long-term friendship with Microsoft
    public interest.”3                                          founder, Bill Gates. By 2008, Facebook had grown
         However, in mid-2023, it was not clear that            to be the largest social media platform and had
    Mr. Zuckerberg’s vision of the metaverse was serving        made Zuckerberg a 24-year-old billionaire. The com-
    the interest of shareholders. The company had found         pany’s 2012 initial public offering (IPO) pushed
    that user interest in metaverse games and applications      Zuckerberg’s net worth to an estimated $19 billion.
    was less than anticipated. In fact, sales of its Quest 2         The company’s business model primarily generated
    virtual reality headsets which were essential to the        revenues from impression-based ads, with advertising
    metaverse experience had declined during the first          fees based upon number of impressions displayed or
    quarter of 2023. Also, Meta Platforms was coming off        number of clicks by users. Facebook’s advertising model
    a 2022 fiscal year that marked its first annual decline     was especially powerful as marketers could target ads to
    in revenues. As a result of the declining revenue, net      Facebook users based upon information gathered by
    income and cash flow, Meta Platform’s March 2023            Facebook while the user scrolled posts from friends and
    common shares were trading at about 60 percent of           read news stories. The company added its Messenger
    their value in mid-2020. The company had eliminated         service in 2011 that allowed Facebook users to send
    approximately 13 percent of its workforce in 2022           private messages to other users. Facebook acquired
    and announced in mid-2023 that it would reduce              rival Instagram in 2012 for $1 billion to gain access to
    its workforce by an additional 13 percent in what           a larger number of users and acquired the WhatsApp
    Mr. Zuckerberg had described as a “Year of Efficiency.”4    communications platform in 2014 for $19 billion.
                                                                The company’s Reality Labs division developed and
                                                                marketed its Oculus virtual reality (VR) goggles and
    COMPANY HISTORY AND                                         Facebook Portal video calling devices. The Reality Labs
    BUSINESS MODEL                                              division was created after the 2014 acquisition of Oculus
                                                                VR for $2 billion, Beat Games in 2019, and Ready at
    Facebook was founded in 2004 by Harvard University          Dawn and Sanzaru Games in 2020.
    students, Mark Zuckerberg, Eduardo Saverin, Chris                In 2021, the company had more than 3.59 billion
    Hughes, and Dustin Moskovitz. The original function-        monthly active persons (MAPs) accessing Facebook,
    ality of the social media platform allowed Harvard          Instagram, WhatsApp, and Messenger worldwide
    University students to post a profile and photos using a    and annual revenues of $117.9 billion. Approximately
    template developed by Zuckerberg and his three friends.     97.5 percent of Facebook’s 2021 revenues were
    The site was extended beyond the Harvard campus and         generated from advertising. The company’s Reality
    quickly grew in popularity as college students across       Labs division contributed revenues of approximately
    the United States wished to keep in touch with out-of-      $2.3 billion in 2021. Facebook changed its name to
    town friends or share photos of their latest experiences.   Meta Platforms, Inc. in late 2021 to reflect its aspira-
    Thefacebook.com had more than 250,000 registered            tions to capitalize on the virtual reality capabilities of its
    users from 34 universities by June 2004. Mastercard         Reality Labs division and extend Internet connectivity
    became Facebook’s first source of revenue in 2004           into more aspects of daily life. Exhibit 1 presents Meta
    when it began paying to place ads on the site. By year-     Platform’s consolidated statements of income for 2019
    end 2004, Zuckerberg had dropped out of Harvard and         through 2022. The company’s consolidated balance
    moved to Palo Alto, California, to concentrate on the       sheets for 2021 and 2022 are presented in Exhibit 2.
    Facebook business venture, became CEO of the startup        Revenues by source and segment for 2020–2022 are
    and began to pitch the investment potential of the          shown in Exhibit 3. The company’s operating income
    nascent business to Silicon Valley venture capitalists.     by segment for 2020–2022 is provided in Exhibit 4.
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    Meta Platforms, Inc. in 2023: Will the Company's Name Change Resolve Ethical Issues at Facebook and Instagram?              3
CASE 26 Meta Platforms, Inc. in 2023: Will the Company’s Name Change Resolve Ethical Issues C-377
    EXHIBIT 2               (continued)
                                                                                                  2022             2021
     Liabilities and stockholders’ equity
     Current liabilities:
      Accounts payable                                                                            $4,990           $4,083
      Partners payable                                                                             1,117            1,052
      Operating lease liabilities, current                                                         1,367            1,127
      Accrued expenses and other current liabilities                                              19,552           14,873
       Total current liabilities                                                                  27,026           21,135
     Operating lease liabilities, non-current                                                     15,301           12,746
     Long-term debt                                                                                9,923               —
     Other liabilities                                                                             7,764            7,227
       Total liabilities                                                                          60,014           41,108
     Commitments and contingencies
     Stockholders’ equity:
     Common stock, $0.000006 par value; 5,000 million Class A shares authorized,                      —                —
     2,247 million and 2,328 million shares issued and outstanding, as of December 31, 2022
     and 2021, respectively; 4,141 million Class B shares authorized, 367 million and 413
     million shares issued and outstanding, as of December 31, 2022 and 2021, respectively
      Additional paid-in capital                                                                  64,444           55,811
      Accumulated other comprehensive loss                                                        (3,530)            (693)
      Retained earnings                                                                           64,799           69,761
       Total stockholders’ equity                                                                125,713          124,879
     Total liabilities and stockholders’ equity                                                 $185,727      $165,987
CASE 26 Meta Platforms, Inc. in 2023: Will the Company’s Name Change Resolve Ethical Issues C-379
FACEBOOK’S PRIVACY                                            time a user remained engaged with the app. MAPs,
                                                              DAPs, and user engagement were essential to gath-
PROGRAM AND ALGORITHM                                         ering data helpful to advertisers and, ultimately,
CHANGES TO INCREASE                                           Meta’s annual advertising revenues. Beginning in
                                                              2017, the company’s key managers began to notice a
USER ACTIVITY                                                 decline in user engagement, with likes and reshares
Facebook and other social media companies required            dropping at alarming rates. Facebook management
users to abide by terms of service agreements that            “never really figured out why metrics declined”
were designed to protect other users from harm-               but decided to revise its News Feed algorithm to
ful content and also allowed Meta Platforms to sell           improve user engagement.7
data gathered from users. Data such as what kinds                  The new algorithm deemphasized the impor-
of groups a Facebook or Instagram user had joined,            tance of likes and added heavier weights on reac-
what pages they had liked, what news stories a per-           tions, replies to invitations, lengthy comments,
son read, and online purchasing history was very              messages, and RSVPs. For example, the internal
valuable to advertisers wishing to target their prod-         point system weighted a “like” as one point, a reac-
ucts to social media users most likely to make a pur-         tion as five points, and a significant comment as 30
chase. The company’s ability to offer advertisers user        points. The result of the algorithm change was that
data facilitating targeted ads allowed it to generate         innocuous or largely positive posts would attract
average revenue per person (ARPP) of $11.57 across            mostly basic “like” button clicks (earning one point),
its family of apps in 2021. ARPP generated by users           driving the post lower in the News Feed. Posts or arti-
in the United States and Canada amounted to $60.57            cles introducing a controversial subject might elicit
and ARPP for users in Europe was $19.68 in 2021.              an anger reaction button (earning five points) or a
     A significant number of privacy concerns by              lengthy, hostile comment (earning 30 points), plac-
users had emerged by 2010, which the company                  ing the post higher in News Feeds. As more people
addressed by establishing a privacy program to pro-           saw the post and were drawn into the argument, the
tect user privacy, safety, security, and data protec-         post or article could become viral. Facebook internal
tion. Meta’s privacy controls allowed app users to            memos showed that the algorithm change had not
control who could see what a user shared, manage              affected the amount of time that users spend on the
what was shared, and control who could view their             app but did significantly boost the DAP (daily active
profile. The company also offered advice on staying           persons) metric for Facebook which was essential to
safe while using social media, keeping user accounts          generating advertising revenue.8
secure, and shopping safely. Meta Platforms also                   Online publishers began to complain to Facebook
abided by the requirements of the EU-U.S. Privacy             in early 2018 that the algorithm change had led to a
Shield Framework and the Swiss-U.S. Privacy Shield            decline in readership of news articles with a positive
Framework which required that “individual users               focus, with BuzzFeed suffering a 13 percent decline in
have the right to opt out of (1) disclosures of their         traffic compared with the prior six months, Topix los-
personal information to third parties; or (2) uses            ing 53 percent of traffic, Breitbart losing 46 percent
of their personal information for a purpose that is           of traffic, and ABC News losing 12 percent of traf-
materially different from the purpose(s) for which it         fic according to online data firm, Comscore.9 The
was originally collected or subsequently authorized           CEO of Buzzfeed sent an email to a top official at
by the individual.”5 The company’s Privacy Shield             Facebook to complain that the new algorithm was
notice also stated that “Meta may transfer data within        not rewarding content that “drives meaningful social
the Meta family of companies and to third parties”            interactions” but was pressuring publishers to “make
should a user not opt out of personal data sharing.6          bad content.”10 Facebook’s CEO, Mark Zuckerberg,
     Meta’s use of user data also helped the company          said that the algorithm change was to strengthen
direct relevant content to a user through its News            bonds between users and improve their well-being.11
Feed service. The delivery of interesting content to               An internal report developed by Facebook employ-
Facebook users was essential to driving daily aver-           ees in 2019 also showed that the algorithm encouraged
age persons (DAPs) logged in and the amount of                hostile, negative political environments in countries
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CASE 26 Meta Platforms, Inc. in 2023: Will the Company’s Name Change Resolve Ethical Issues C-381
taken. In some cases, the company’s automated sys-            the Oversight Board recommendations, but refused
tems might incorrectly flag a post as inappropriate.          to implement provisions to enhance transparency
Nevertheless, the user had no recourse for a deleted          and prevent political favoritism.24
post or suspended account. Mark Zuckerberg esti-
mated in 2018 that Facebook gets 10 percent of its
content removal decisions wrong.20                            USER PROTECTION FAILURES
     The company was very concerned about inap-               AT FACEBOOK AND
propriately removing posts made by high-profile
users such as elected officials, entertainment celeb-         INSTAGRAM
rities, or journalists. The company developed a               Facebook’s unequal treatment of VIPs relative to
program called “Cross Check” or “XCheck” that                 typical users of the company’s family of apps also
shielded VIP users from the company’s normal                  seemed to apply to user protection for special groups
enforcement processes. Offending content posted by            of users such as users in developing markets and
VIPs and identified by Facebook employees could               children. The company had also been criticized for
be removed with approval of senior executives or,             the use of its apps by drug cartels and in facilitating
in some cases, the approval of Mark Zuckerberg or             human trafficking across the world.
Facebook Chief Operating Officer Sheryl Sandberg.
The privilege was not extended to candidates for
public office, only current office holders—a prac-            FAILURES IN DEVELOPING
tice that some suggested provided incumbents with
an advantage in messaging to prospective voters.              MARKETS
Facebook employees were baffled by XCheck, as                 While Facebook was aggressive in its efforts to iden-
elected officials might have a greater incentive to           tify and remove hate speech and misinformation in
share misinformation. In addition, the accounts               the United States, its efforts in developing markets
of politicians, celebrities, and other VIPs had the           appeared to be less of a priority. India was Facebook’s
broadest reach, exposing far more users to misinfor-          largest market with 300 million Facebook users and
mation than was possible through a post of a typical          400 million WhatsApp users. Facebook users in the
Facebook user. An internal memo by a Facebook                 United States and Canada had fallen from about
researcher stated “We are knowingly exposing users            30 percent of total users in 2010 to less than 10 percent
to misinformation that we have the processes and              of total users in 2021. The company’s user base in
resources to mitigate.”21                                     India and Asia had increased from less than 20 per-
     An internal review at Facebook found that XCheck         cent of the company’s total users in 2010 to more than
was “not publicly defensible” and that “Unlike the            40 percent of total users in 2021. Despite the growth
rest of our community, these people can violate our           in users outside of the United States and Canada, the
standards without any consequences.”22 By 2020,               company devoted far fewer resources to combatting
Facebook included nearly anyone with a large social           polarizing nationalist content, misinformation, vio-
media following in the XCheck program, which had              lence, and gore in India and other developing country
grown to approximately 5.8 million account hold-              markets than was allocated to its United States geo-
ers. In 2021, Facebook had informed its Oversight             graphic market. In 2020, Facebook employees and
Board, which was created to ensure accountability in          contractors spent more than 3.2 million hours search-
enforcement of its rules, that the number of XCheck           ing and taking down posts the company deemed to be
accounts was small. Facebook spokesperson com-                misinformation. Although more than 90 percent of
mented to The Wall Street Journal that XCheck “was            Facebook’s users were outside the United States, only
designed for an important reason: to create an addi-          13 percent of those hours were spent working on con-
tional step so we can accurately enforce policies on          tent outside the United States. The limited resources
content that could require more understanding.”23             allocated to Facebook’s largest markets were inconsis-
Dissatisfied with lack of action on the XCheck pro-           tent with laws in countries such as India that required
gram, the Oversight Board issued 32 recommenda-               social media companies to remove inflammatory
tions to reform the program. In March 2023, Meta              content that had the potential to undermine national
Platforms management agreed to implement some of              security, public order, and “decency and morality.”25
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         Independent researchers had found that that             of social media a day.”30 In 2022, CNN Business pro-
    inflammatory content on Facebook spiked 300 per-             filed the stories of dozens of families who believed
    cent following religious protests in the country dur-        their children’s suicides were a result of social media
    ing late-2019 when more than 50 people were killed           platform algorithms that encouraged “never-ending”
    during riots. Facebook researchers had concluded             scrolling and exploited minor users’ underdeveloped
    that the company’s algorithms were emphasizing               decision-making and impulse control capabilities.31
    posts promoting misinformation and violence. Calls                Facebook’s number of teen users had dropped
    for violence had also spread widely on WhatsApp.26           consistently since the launch of Instagram and
    India’s government had threatened to jail Facebook           declined at an accelerated rate as Snapchat and
    and WhatsApp employees if their take-down requests           TikTok emerged. More than 22 million U.S. teens
    of such inflammatory content were not honored. In            logged onto Instagram each day, compared to just 5
    2020, India had temporarily banned TikTok and had            million U.S. teens logging onto Facebook each day.
    instructed Twitter to block hundreds of accounts.            Also, more than 40 percent of Instagram users were
    A Facebook executive stated that the company had             under 22 years old. A 2021 Facebook internal docu-
    technical systems in place to catch offending content        ment reported on by The Wall Street Journal stated,
    in five of the 22 languages spoken in India and that         “Global teen penetration on FB is low, and acquisi-
    the company had human language expertise in many             tion appears to be slowing down.”32 The company’s
    more languages and continued to work to improve              research indicated that the daily number of teens
    its systems.27 A former Facebook vice president com-         using Facebook had declined by 19 percent between
    mented to The Wall Street Journal that Facebook              2019 and 2021 and that it would likely fall by an addi-
    treats harm in developing countries as “simply the           tional 45 percent by 2023.33
    cost of doing business.” He continued that Facebook               A 2018 Facebook internal document labeled as
    focused its user protection efforts on wealthier             confidential had commented that “With the ubiquity
    markets with powerful governments and media                  of tablets and phones, kids are getting on the internet
    institutions.28                                              as young as six years old. We can’t ignore this and
                                                                 we have a responsibility to figure it out . . . Imagine
                                                                 a Facebook experience designed for youth.”34
    DAMAGES TO CHILDREN                                          Facebook’s first product developed for children was
    AND TEENS                                                    Messenger Kids that was launched in 2017 and was
                                                                 designed for children aged 6 to 12. The company’s
    The effect of social media on teen mental health had         research showed that the product was not catching on
    long been of concern among the health care commu-            with children and that Messenger Kids usage tapered
    nity, with bullying and other unhealthy dialog known         off after age 10 and that tweens viewed Facebook as
    to affect the self-esteem and emotional development          a product for old people.35 A Facebook team was
    of children and teens. As early as 2012, the United          assigned to study preteens and given a three-year
    States National Institutes of Health published stud-         goal to increase usage among younger age groups.
    ies considering the link between social media and            A Facebook internal document expressed that “Our
    teen suicides, which were reaching historic highs.29         ultimate goal is messaging primacy with U.S. tweens,
    A 10-year study of social media use and suicidality          which may also lead to winning with teens.”36
    found that teenage girls who spent at least two to three          Facebooks efforts to build its user base across
    hours per day on social media had a higher clinical          younger age groups resulted in a recommendation to
    risk for suicide as emerging adults. The lead author of      complement its family of apps with a six–age-bracket
    the study summarized, “Research shows that girls and         bundle of products targeted to adults, late teens aged
    women in general are very relationally attuned and           over 16, teens aged 13 to 15, tweens aged 10 to 12,
    sensitive to interpersonal stressors, and social media       children aged 5 to 9, and children aged 0 to 4. The
    is all about relationships. At 13, girls are just starting   company’s policies in 2021 complied with U.S. pri-
    to be ready to handle the darker underbelly of social        vacy laws forbidding data collection on children under
    media such as FOMO (fear of missing out), constant           age 13 and children were allowed to register only as
    comparisons, and cyberbullying. A 13-year-old is             a user for Messenger Kids. Adam Mosseri, head of
    probably not developmentally ready for three hours           Instagram, commented to The Wall Street Journal,
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CASE 26 Meta Platforms, Inc. in 2023: Will the Company’s Name Change Resolve Ethical Issues C-383
“If kids are under 13, they’re not allowed on Instagram       developed for children under age 13, Mr. Zuckerberg
and should not be using our service . . . It’s not new        replied, “I believe the answer is yes.”44 Senators
and it’s not a secret that social media companies try         Richard Blumenthal and Marsha Blackburn fol-
to understand how teens and preteens use technology.          lowed up with a request that Mr. Zuckerberg release
Like all technology companies, of course, we want             Facebook’s internal research on the effect of the
to appeal to the next generation, but that’s entirely         company’s apps on children. Facebook responded
different from the false assertion that we knowingly          to the Congressional request with a six-page letter
attempt to recruit people who aren’t old enough to            that didn’t include information from any internal
use our apps.”37 The Wall Street Journal noted how-           studies conducted by the company and concluded
ever that Mr. Mosseri exclaimed “I don’t want to hear         “We are not aware of a consensus among studies or
it” when an 18-year-old Instagram influencer blurted          experts about how much screen time is too much.”45
out during an online Facebook event she had been              As a result of the Congressional Hearings, Meta
active on Instagram for almost a decade.38                    announced that it would delay the planned launch of
     Between 2019 and 2021, Facebook conducted                Instagram Kids.
studies to determine how Instagram and Facebook
affected its younger users. The conclusion of the
interviews and surveys conducted by the company
                                                              HUMAN TRAFFICKING
was that “We make body image issues worse for one             The International Labour Organization estimated
in three teen girls” and that “teens blame Instagram          that there were 24.9 million victims of human
for increases in the rate of anxiety and depression.”39       trafficking and exploitation worldwide in 2021, with
Similarly, an independent study of teens in the               99 percent of victims being women and young girls.
United States and United Kingdom found that more              About 16 million of these individuals were trapped
than 40 percent of Instagram users reported feel-             into private-sector domestic work or agriculture,
ing unattractive and that 25 percent of the group of          4.8 million were victims of sexual exploitation, and
Instagram users said they were “not good enough.”40           another 4 million were in forced labor imposed
A Wall Street Journal interview with a teen user of           by a state.46 Human trafficking was prevalent in
Instagram who joined the platform at age 13 and               almost every country, including the United States.
followed fitness influencers reflected on the expe-           In February 2022, U.S. Attorney General Merrick
rience by stating “When I went on Instagram, all I            Garland announced a national strategy to combat
saw were images of chiseled bodies, perfect abs and           human trafficking, which would include undercover
women doing 100 burpees in 10 minutes.” Another               operations carried out by the U.S. Department
interviewed teen commented “Every time I feel good            of Homeland Security and U.S. Immigration and
about myself, I go over to Instagram, and then it all         Customs Enforcement. The two agencies made
goes away.”41 Other teens complained that a small             announcements in May 2022 about successful opera-
number of followers was a “kick in the gut” and that          tions that led to arrests of 43 individuals accused of
using Instagram’s Beautification filters “left a bitter       child sex trafficking in Arizona and the recovery of
taste in my mouth” since the images could be quite            70 missing children in West Texas.47
different from a user’s unenhanced appearance.                     Facebook internal documents showed that when
Instagram head, Adam Mosseri, told Wall Street                Facebook employees notified superiors of users using
Journal reporters in May 2021 that Instagram’s inter-         the company’s apps to facilitate human traffick-
nal research suggests the app’s effects on teen well-         ing, the alert may or may not be acted upon. These
being is likely “quite small.”42                              documents also revealed that Facebook employees
     Mark Zuckerberg was called to testify before             were increasingly frustrated as decision-makers in
U.S. Congress during a March 2021 Congressional               the company that allowed users to post videos of
Hearing focused on Facebook’s impact on children.             murders, incitements to violence, threats against
During his testimony, Mr. Zuckerberg offered that             pro-democracy candidates, and advertisements for
“The research that we’ve seen is that using social apps       human trafficking.48
to connect with other people can have positive mental              The BBC and Apple began pressuring Facebook
health benefits.”43 When asked if the company had             in 2019 to detect and eliminate ads and posts for
studied the likely effect of Instagram Kids, a product        human trafficking after an investigative team found
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     more than 300,000 instances of human trafficking            CJNG was using Facebook’s family of apps to recruit
     violations. Facebook responded by launching a software      hitmen, track payments to hitmen, post photos of
     tool that identified a dozen human trafficking net-         bloody crime scenes, make shipments of lethal drugs,
     works by the end of 2020, but deactivated the program.      and conduct other illegal activity within Mexico and
     The Wall Street Journal had notified Facebook that its      the United States. The Facebook employee group
     employees had called for the software tool to be reacti-    pointed specifically the CJNG’s Instagram account,
     vated, but the company responded that “similar screen-      which showed a video of a person with a gold pis-
     ing systems are in operation.”49                            tol shooting a young man in the head, a photo of a
          Nevertheless, a 28-year-old tutor in Nairobi           beaten man tied to a chair, and another photo of
     detailed to The Wall Street Journal her experience that     a trash bag filled with severed hands.52 Facebook
     began by responding to a Facebook job recruiting ad         employees complained that CJNG met all criteria
     in January 2021. The young woman was promised               for a “Dangerous Individuals and Organizations” des-
     free airfare, a visa, and $300 per month to work with       ignation by Facebook and should be removed from
     a cleaning service in Saudi Arabia. At the Nairobi air-     platforms. After five months, some CJNG content
     port, a recruiter provided the woman with a contract        was removed although new CJNG pages and posts
     to sign, which was 10 percent less pay than prom-           appeared. Facebook officials told reporters at The
     ised in the ad, told only the employer could terminate      Wall Street Journal that “employees know that they
     the contract, and that her visa would be canceled if        can improve their anti-cartel efforts and that the com-
     she quit. The young woman told the recruiter that she       pany is investing in artificial intelligence to bolster
     was not interested in the new terms and was backing         enforcement against such groups.53
     out. The recruiter stated that her contract had already
     been sold to an employer and that she would need
     to immediately provide the recruiter with $2,000 to
                                                                 FINES AND LEGAL
     terminate the contract. With no money, the woman            SETTLEMENTS IN 2022
     accepted the flight.50
          Once in Saudi Arabia, the woman was forced to
                                                                 AND 2023
     sleep in a storage room with no air conditioning and        In late-2022 and early-2023, Meta Platforms was hit
     could not leave a locked courtyard on the property.         with a series of fines and legal settlements related to
     The young woman also was provided no medical care           U.S. and European privacy law violations. Ireland’s
     when she became sick and was never paid anything            Data Protection Commissioner (DPC) levied a
     for her work that began at 5:00 a.m. and ended at           record $402 million fine against Meta Platforms in
     dusk. Still with no money to terminate the contract,        September 2022 after concluding a two-year investiga-
     the woman posted about her plight on Facebook at            tion into Instagram’s handling of children’s data. The
     which point the employment agency retrieved her             DPC found that Instagram had allowed teens aged 13
     from the property and left her with no passport at a        to 17 to operate business accounts and had disclosed
     detention center. Eventually, her Facebook post was         personal phone numbers and email addresses of teen
     seen by an official at the United Nations International     users, which was in violation of Europe’s privacy rules.
     Organization for Migration which helped negotiate           Meta Platforms officials had stated that the company
     her release and return to Kenya in July 2021.51             planned to appeal the fine.54 The fine by Ireland’s
                                                                 DPC followed the August 2022 announcement of
     USE OF FACEBOOK, INC.’S                                     the settlement of a class-action lawsuit filed in 2018
                                                                 that involved Cambridge Analytica’s harvesting of
     FAMILY OF APPS BY DRUG                                      personal data of 87 million Facebook users. The data
     CARTELS                                                     was collected from Facebook users who completed
                                                                 an online poll along with the data of their Facebook
     Facebook employees had discovered posts on                  friends.55 The attorneys representing Facebook users
     Facebook and Instagram, as well as private mes-             in the suit alleged that the privacy breach showed
     sages using WhatsApp, by the notorious Cartél               that Facebook was a ”data broker and surveillance
     Jalisco Nueva Generación (CJNG) that captured               firm,” as well as a social network.56 Just days earlier in
     vast criminal activity. The employee group found that       August 2022, Meta Platforms reached a $37.5 million
                                                                                                            Final PDF to printer
    Meta Platforms, Inc. in 2023: Will the Company's Name Change Resolve Ethical Issues at Facebook and Instagram?                                    11
CASE 26 Meta Platforms, Inc. in 2023: Will the Company’s Name Change Resolve Ethical Issues C-385
settlement of a lawsuit accusing Facebook of violat-                         groups, and lawmakers in the United States, the United
ing users’ privacy by gathering and selling data of                          Kingdom, and the European Union.
users who had turned off Location Services on their
smartphones. The lawsuit disclosed that despite
users’ intentions to block location tracking, Facebook                       THE FUTURE OF META
tracked and sold user locations via Wi-Fi IP addresses
to enable location-targeted advertising.57
                                                                             PLATFORMS
     Ireland’s Data Protection Commission again                              As the name change of Facebook, Inc. to Meta
found Meta Platforms in violation of the country’s                           Platforms, Inc. was announced in late-October
user data protection regulations in November 2022.                           2021, Mark Zuckerberg concluded, “Today we’re
The company was fined $300 million for allow-                                seen as a social media company. But in our DNA,
ing Messenger and Instagram data belonging to                                we’re a company that builds technology to connect
533 million people in 106 countries to be extracted                          people, and the metaverse is the next frontier.”61 Jason
and used for potential spamming and phishing                                 Zweig, an opinion writer for The Wall Street Journal
attacks.58 The DPC of Ireland also fined Meta                                cautioned that the name change may not resolve the
Platforms $414 million in January 2023 for the                               company’s declining numbers of users, slowing adver-
Facebook and Instagram terms of use language that                            tising revenue growth, or its extensive ethical failures.
required users to allow their data to be used for per-                       Mr. Zweig recalled that history had shown corporate
sonalized ads. European Union regulations require                            name changes could add to a company’s problems
social media firms to provide data collection and sale                       rather than make them disappear and that “the risk
“opt out” options.59                                                         isn’t that people won’t like the name. It’s that they’ll
     Late in 2022, Meta Platforms announced that it                          like it too well—as a pithy incarnation of everything
would disband its Responsible Innovation Team, which                         they dislike about the company.”62 Mr. Zweig also
had been tasked with assessing potential concerns about                      had doubts about the business prospects for the meta-
new products and changes to Facebook and Instagram.                          verse by commenting “Some consumers will love it.
A Meta spokesperson had stated that most of the 20                           To others, it might sound like a dystopia of ‘living’
individuals making up the former task force would be                         on a video screen while eating cold pizza alone in
doing similar watchdog work elsewhere in the com-                            a windowless basement, almost never seeing another
pany but were not guaranteed continued employment                            human face-to-face.”63 Mr. Zuckerberg’s commitment
with Meta.60 Time would tell if Meta Platforms would                         to the transformation of Facebook as the platform
be able to resolve the ethical concerns expressed by                         for the metaverse was reflected in the company’s
The Wall Street Journal, employee whistleblowers, user                       $10 billion investment dedicated to the strategic goal.
ENDNOTES
1
  As quoted in Deepa Seetharaman and                https://www.facebook.com/about/                 Center of Decision Making,” The Wall Street
Meghan Bobrowsky, “Mark Zuckerberg’s Meta           privacyshield, accessed May 30, 2022.           Journal, October 24, 2021.
                                                    6                                               16
Pivot Is Personal as Well as Strategic,” The Wall     Ibid.                                            As quoted in Deepa Seetharaman, Jeff
                                                    7
Street Journal, October 29, 2021.                     As quoted in Keach Hagey and Jeff Horwitz,    Horwitz, and Justin Scheck, “Facebook Says AI
2
  As quoted in Christopher Mims, “Facebook          “Facebook Tried to Make Its Platform a          Will Clean Up the Platform. Its Own Engineers
Joins a Crowded Field in the Race to Build          Healthier Place. It Got Angrier Instead,” The   Have Doubts,” The Wall Street Journal,
the ‘Metaverse.’ We All Have a Stake in the         Wall Street Journal, September 15, 2021.        October 17, 2021.
                                                    8                                               17
Outcome,” The Wall Street Journal, October            Ibid.                                            Ibid.
                                                    9                                               18
29, 2021.                                             Ibid.                                            Ibid.
3                                                   10                                              19
  As quoted in Sam Schechner and Stu Woo,              Ibid.                                           Jeff Horwitz, “Facebook Says Its Rules Apply
                                                    11
“Facebook Whistleblower Frances Haugen                 Ibid.                                        to All. Company Documents Reveal a Secret
                                                    12
Calls for New Tech Laws in Europe,” The Wall           Ibid.                                        Elite That’s Exempt,” The Wall Street Journal,
                                                    13
Street Journal, October 25, 2022.                      Ibid.                                        September 13, 2021.
4                                                   14                                              20
  Jeff Horowitz, Salvador Rodriguez, Sam               Jeff Horwitz and Justin Scheck, “Facebook       Ibid.
                                                                                                    21
Schechner, and Newley Purnell, “Meta Plans New      Increasingly Suppresses Political Movements        Ibid.
                                                                                                    22
Layoffs That Could Match Last Year’s in Scope,”     It Deems Dangerous,” The Wall Street Journal,      Ibid.
                                                                                                    23
The Wall Street Journal, March 10, 2023.            October 22, 2021.                                  Ibid.
5                                                   15                                              24
  As quoted in “Meta Platforms, Inc. and               Keach Hagey and Jeff Horwitz, “Facebook’s       Jeff Horwitz, “Facebook Parent Delivers
the EU-U.S. and Swiss-U.S. Privacy Shield,”         Internal Chat Boards Show Politics Often at     Mixed Response to Suggestions on
12              BUS800 F24 Cases                                                                                                                 Final PDF to printer
     Controversial VIP Program,” The Wall              Instagram Kids, Documents Show,” The Wall            over-chidrens-data-2022-09-05/ (accessed
     Street Journal, March 3, 2023, https://           Street Journal, September 28, 2021.                  September 9, 2022).
                                                       33                                                   55
     www.wsj.com/articles/facebook-parent-                Ibid.                                                Kronenberg, Jerry, ”Meta Platforms agrees
                                                       34
     delivers-mixed-response-to-suggestions-              Ibid.                                             to settle lawsuit over 2018 Facebook/
                                                       35
     on-controversial-vip-program-ea6fe0ad,               Ibid.                                             Cambridge Analytica scandal,” Seeking
                                                       36
     (accessed April 4, 2023).                            Ibid.                                             Alpha, August 27, 2022, seekingalpha.com/
     25                                                37
        As quoted in Rajesh Roy and Newley                Ibid.                                             news/3877229-meta-platforms-to-settle-
                                                       38
     Purnell, “Facebook Faces Official Questions in       Ibid.                                             lawsuit-over-facebook-cambridge-analytica-
                                                       39
     India Over Policing of Hate Speech,” The Wall        As quoted in Georgia Wells, Jeff Horwitz          scandal, (accessed September 9, 2022).
                                                                                                            56
     Street Journal, October 28, 2021.                 and Deep Seetharaman, “Facebook Knows                   Levine, Jon, ”Facebook parent company
     26
        Newly Purnell and Jeff Horwitz, “Facebook      Instagram Is Toxic for Teen Girls, Company           Meta settles Cambridge Analytica lawsuit,”
     Services Are Used to Spread Religious Hatred      Documents Show,” The Wall Street Journal,            New York Post, August 27, 2022, nypost.
     in India, Internal Documents Show,” The Wall      September 14, 2021.                                  com/2022/08/27/facebook-parent-
                                                       40
     Street Journal, October 23, 2021.                    Ibid.                                             company-settles-cambridge-analytica-
     27                                                41
        Ibid.                                             Ibid.                                             lawsuit/ (accessed September 9, 2022).
     28                                                42                                                   57
        Justin Scheck, Newley Purnell, and Jeff           Ibid.                                                . ”Meta reaches $37.5 million settlement
                                                       43
     Horwitz, “Facebook Employees Flag Drug               Ibid.                                             of Facebook location tracking lawsuit,” CNN
                                                       44
     Cartels and Human Traffickers. The Company’s         Ibid.                                             Business, August 23, 2022, www.cnn.
                                                       45
     Response Is Weak, Documents Show,” The               Ibid.                                             com/2022/08/23/tech/meta-settlement-
                                                       46
     Wall Street Journal, September 16, 2022.             “Forced Labour, Modern Slavery, and Human         facebook-location-tracking/index.html,
     29
        David D. Luxton, Jennifer D. June, and         Trafficking,” International Labour Organization,     (accessed September 9, 2022).
                                                                                                            58
     Jonathan M. Fairall, “Social Media and Suicide:   https://www.ilo.org/global/topics/forced-               “Meta fined €265m by Irish Data Watchdog over
     A Public Health Perspective,” American            labour/lang--en/index.htm accessed June              Breach,” BBC News, November 28, 2022, https://
     Journal of Public Health, 102(Suppl 2),           1, 2022.                                             www.bbc.com/news/technology-63784393,
                                                       47
     May 2012, 195–200, accessed https://                 “ICE arrests 43 in anti-child sex trafficking     (accessed April 4, 2023).
                                                                                                            59
     www.ncbi.nlm.nih.gov/pmc/articles/                operation,” Just the News, May 31, 2022,                “Meta’s Ad Practices Ruled Illegal Under E.U.
     PMC3477910/, accessed May 31, 2022.               https://justthenews.com/nation/crime/ice-            Law, The New York Times, January 4, 2023,
     30
        As quoted in, Christie Allen, “10-Year BYU     arrests-43-child-sex-trafficking-prostitution-       https://www.nytimes.com/2023/01/04/
     Study Shows Elevated Suicide Risk from            drugs-and-weapons accessed on June 1,                technology/meta-facebook-eu-gdpr.html,
     Excess Social Media Time for Young Teen           2022.                                                (accessed April 4, 2023).
                                                       48                                                   60
     Girls,” BYU News, https://news.byu.edu/              Justin Scheck, Newley Purnell and Jeff Horwitz,      Lumb, David, ”Meta disbands team study-
     intellect/10-year-byu-study-shows-                “Facebook Employees Flag Drug Cartels and            ing potential negative impacts of Facebook,
     elevated-suicide-risk-from-excess-social-         Human Traffickers. The Company’s Response            Instagram,” CNET, September 8, 2022, www.
     media-time-for-young-teen-girls, on May           is Weak, Documents Show,” The Wall Street            cnet.com/news/social-media/meta-disbands-
     31, 2022.                                         Journal, September 16, 2022.                         team-studying-negative-impacts-of-facebook-
     31                                                49
        Samantha Murphy Kelly, “Their Teenage             Ibid.                                             instagram/, (accessed September 9, 2022.)
                                                       50                                                   61
     Children Died by Suicide. Now These Families         Ibid.                                                As quoted in Deepa Seetharaman and
                                                       51
     Want to Hold Social Media Companies                  Ibid.                                             Meghan Bobrowsky, “Mark Zuckerberg’s Meta
                                                       52
     Accountable,” CNN Business, April 19, 2022,          Ibid.                                             Pivot is Personal as Well as Strategic,” The Wall
                                                       53
     https://www.cnn.com/2022/04/19/tech/                 Ibid.                                             Street Journal, October 29, 2021.
                                                       54                                                   62
     social-media-lawsuits-teen-suicide/index.            ”Ireland fines Instagram a record $400 mln           As quoted in Jason Zweig “Donald Trump’s
     html accessed on May 31, 2022.                    over children’s data,” Reuters, September            Ageless Advice for Mark Zuckerberg,” The Wall
     32
        Georgia Wells and Jeff Horwitz, “Facebook’s    6, 2022, www.reuters.com/technology/                 Street Journal, November 5, 2021.
                                                                                                            63
     Effort to Attract Preteens Goes Beyond            irish-regulator-fines-instagram-400-million-            Ibid.