October 22, 2019

California Takes on the Bots

“When you ask experts how bots influence politics—that is, what specifically these bits of computer code that purport to be human can accomplish during an election—they will give you a list: bots can smear the opposition through personal attacks; they can exaggerate voters’ fears and anger by repeating short simple slogans; they can overstate popularity; they can derail conversations and draw attention to symbolic and ultimately meaningless ideas; they can spread false narratives. In other words, they are an especially useful tool, considering how politics is played today.

On July 1st, California became the first state in the nation to try to reduce the power of bots by requiring that they reveal their “artificial identity” when they are used to sell a product or influence a voter. Violators could face fines under state statutes related to unfair competition. Just as pharmaceutical companies must disclose that the happy people who say a new drug has miraculously improved their lives are paid actors, bots in California—or rather, the people who deploy them—will have to level with their audience.

“It’s literally taking these high-end technological concepts and bringing them home to basic common-law principles,” Robert Hertzberg, a California state senator who is the author of the bot-disclosure law, told me. “You can’t defraud people. You can’t lie. You can’t cheat them economically. You can’t cheat ’em in elections. ”

California’s bot-disclosure law is more than a run-of-the-mill anti-fraud rule. By attempting to regulate a technology that thrives on social networks, the state will be testing society’s resolve to get our (virtual) house in order after more than two decades of a runaway Internet. We are in new terrain, where the microtargeting of audiences on social networks, the perception of false news stories as genuine, and the bot-led amplification of some voices and drowning-out of others have combined to create angry, ill-informed online communities that are suspicious of one another and of the government.”

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