California's War On 'Bots' Could Be A Steep Uphill Climb

from the disinformation-nation dept

While California’s new net neutrality law grabbed the lion’s share of press headlines, the state last week also passed legislation attempting to fix an equally complicated problem: bots. The rise of bots has played a major role in not only helping companies and politicians covertly advertise products or positions, but they’ve also played a starring role in Russia’s disinformation efforts. That in turn has fueled what’s often not-entirely-productive paranoia, as users online accuse those they disagree with of being bots, instead of, say, just genuinely terrible but real human beings.

Last Sunday, California Governor Jerry Brown signed SB1001, a bill that requires companies or individuals to label any bots clearly as bots. The bill explains the legislation this way:

“This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019.”

While this is well intentioned, you can see how enforcement could prove to be a bit of a problem. Most of the scientific analysis of what constitutes a bot hasn’t been particularly solid. Hamilton 68, for example, widely cited in the media as a definitive and scientific way to measure Russian bot influence online, has been widely derided as little more than educated guesswork at best.

That’s not to say that “bots” aren’t a problem. A disclosure from Twitter back in June noted that the company had “identified and challenged” more than 9.9 million accounts each week last May for being “potentially spammy or automated accounts.” Those numbers were up dramatically from the 6.4 million per week in December 2017, and the 3.2 million million per week in September. Initially, fear of hampering ad impression metrics likely hindered many companies’ interest in addressing this problem, but the exposure of Russia’s online gamesmanship seems to have shifted that thinking dramatically.

California’s efforts on this front were born from genuine annoyance at the problem. State Senator Robert M. Hertzberg, the bill’s author, ran into the problem face first when numerous fake Facebook and Twitter accounts began berating him for a bail reform bill he proposed earlier this year. In a report in the New York Times last July, he found himself inundated with bogus attacks by bots, who did everything they could do to scuttle his proposal (note how he didn’t clarify how he differentiated between bots or just terrible people).

I spoke briefly about California’s new legislation with the EFF’s Jeremy Gillula, who was quick to highlight the enforcement and free speech problems inherent in California’s attempt to fix a problem we don’t fully understand:

“Enforcement is definitely going to be difficult. Governments aren’t in a good position to be able to tell whether or not an account on social media is a bot or not. And we wouldn’t want them to be–that would require that they know or are able to easily find out where, when, and how every post to social media was made. That would destroy any possibility of anonymous speech online.”

Gillula told me that the original bill proposed by Hertzberg was much worse, in that it would have made chatbots like Olivia Taters illegal simply because it’s not clearly labeled as a bot. The EFF also successfully encouraged Hertzberg’s office to eliminate a proposal that would have forced all websites to have functions letting users report bots. Again, because of the problems stated above (a culture of paranoia and difficulty differentiating bots from ordinary human jackasses), the end result could have been potentially catastrophic for speech online:

“We’ve seen this sort of takedown/labeling regime abused time and again in the past. For example, Twitter and Facebook users can already report posts they think violate the platforms? community standards. Online platforms also have to deal with complaints under the Digital Millennium Copyright Act, or DMCA, a federal law meant to protect copyright online, which forces platforms to take down content. In both cases, malicious users have figured out how to abuse these reporting systems so that they can get speech they don?t like erased from the Internet. The targets victims of such abuse have been Muslim civil rights leaders, pro-democracy activists in Vietnam, pro-science accounts targeted by anti-vaccination groups, and Black Lives Matter activists, whose posts have been censored due to efforts by white supremacists.”

One one hand, you can see how bringing a little more transparency to who is running bots and what their motivations are could be helpful. But actually identifying bots and removing them is currently more art than science. In the interim, it’s probably a good idea to avoid creating solutions that, in time, could create even bigger problems (like an entirely new takedown system open to abuse) than the one you’re trying to fix.

Filed Under: , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “California's War On 'Bots' Could Be A Steep Uphill Climb”

Subscribe: RSS Leave a comment
Anonymous Coward says:

Re: Should be easy

Is it that easy when some people run a bot on their personal twitter etc. accounts to push notifications of when they publish something on YouTube, or their blog.

This sort of law reeks of politicians panicking because they can no longer control public debate, and will have all sorts of unintended consequences that fly under the radar because it does small amounts of damage to an individual but a large amount of damage to society when all those little bits are added up. Also there is the risk of this being abused by those who would stamp out opinions and activities that they disagree with.

Zof (profile) says:

Re: Re: Should be easy

I run AWS processes against my twitter account with a VPN API. The difference is they aren’t logged in. I have a simple shadowban detector that let’s me know when a post gets shadowbanned despite twitter “not doing that” according to zealots. Clearly that’s not a bot.

Further, you’d assume even if your elaborate “bot” that does twitter things for you is very active, it’s not posting for you is it? Then it would be pretending to be a human.

I’m not sure what’s hard to understand here. You aren’t going to be able to fabricate a gray area here. It’s very cut and dry.

James Burkhardt (profile) says:

Re: Re: Re: Should be easy

Strangely, you seem to invert my views of a bot entirely.

You claim that an automated process that sends out notifications on my social media accounts in response to my own actions (new blog/podcast post, for instance) should require my account be labeled a bot because despite posting the truthful information I want posted but otherwise would need to manually fat finger in and the accounts being otherwise used for content I personally produce, all because I automate non social media content notifications?

Its true that the process is ‘pretending to be me’, but that’s because I tell it to post these things. And it is otherwise me posting. Are you somehow harmed by the knowledge that my blog post tweet is somehow artificial and not homegrown link copy-pasting?

Your bot example is clearly a bot, just not a content bot. Since it doesn’t post anything, it clearly wouldn’t apply to this situation at all, but that adds nothing to your case. That complicated automated process is still a ‘bot’.

Christenson says:

Re: Re: Re: Should be easy

It seems to me you are a bot…posting nonsense, missing the point of the article, claiming “it’s easy”.

In your reply, you will be screaming to the contrary…just like a bot. You probably post from a VPN address…just like a bot.

Hint: It can be very hard to identify bots, especially the malicious ones, and it will become an on-going cat-and-mouse game. And that’s before the lines get blurred, like when I write my Farcebook posts with a tweet at the top, and that gets auto-tweeted. That human or a bot there??? Or are you one of 30 sockpuppets of just one GRU agent??

Anonymous Coward says:

Re: Re: Re: Should be easy

What is elaborate about a an automation scrip that when an upload to YouTube is completed posts Twitter etc. notifications that a new video is available. That is the sort of thing that is reasonable to automate on a personal stream, along with manual news posts etc.

Also, many an IRC channel runs a bot that catches and responds to FAQ’s. What about people using NightBot on YouTube and twitch chat on their channels, is it name enough identification.

Like many things, the benign uses fly under the political radar, and are never considered when a bad, according to politicians, use surfaces.

This issue is nowhere near all black as you seem to think it is, but includes all shade from white to black.

Anonymous Coward says:

Re: This explains a lot

Interesting idea.

If he actually was replaced with a bot, one programmed to endlessly spew out random, incoherent and nonsensical sentence-fragments copy/pasted from alt-right Twitter accounts, how would we tell the difference? He more or less does that already. If anything, he’d presumably come across as slightly more intelligible and less dangerously chaotic than usual.

More pertinently, if some enterprising, shadowy party were to do this in real life, who exactly would it inconvenience? His removal and replacement would hardly seem to constitute a catastrophic loss for world democracy.

The more I think about it, the more this sounds like a plan.
I wonder if we can get this crowdfunded?


btr1701 (profile) says:

Terrible People

> State Senator Robert M. Hertzberg… found himself
> inundated with bogus attacks by bots, who did everything
> they could do to scuttle his proposal (note how he didn’t
> clarify how he differentiated between bots or just
> terrible people).

So the only options here are bots and terrible people?

If you opposed the idiotic idea of letting people arrested for serious crimes out of jail until the justice system ground it way around to their trial, you’re ‘just a terrible person’?

Or does this apply to whatever Hertzberg proposes in general? Any non-bot who takes issue with him is ‘just a terrible person’?


Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...