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Power

Zuckerberg email proposed buying Instagram because it could be 'very disruptive' to 'vulnerable' Facebook

"This is exactly the type of anticompetitive acquisition that the antitrust laws were designed to prevent," House Judiciary Committee Chairman Jerrold Nadler said.

Mark Zuckerberg

"But I've been clear that we viewed Instagram both as a competitor and as a complement to our services," Mark Zuckerberg said.

Screenshot: Shakeel Hashim/Protocol

House Judiciary Committee Chairman Jerrold Nadler grilled Mark Zuckerberg over documents obtained during the committee's investigation showing that Zuckerberg wanted to acquire Instagram in order to neutralize a potential competitor in 2012.

"The documents you provided tell a very disturbing story," Nadler said, addressing Zuckerberg during the blockbuster hearing. "That story is that Facebook saw Instagram as a powerful threat that could siphon business away from Facebook."

"Rather than compete with it, Facebook bought it," Nadler said.

Nadler cited one document in which said Zuckerberg told a colleague, "One thing about startups is you can often acquire them." Nadler also referred to a 2012 email message in which Zuckerberg told his chief financial officer that Instagram could be "very disruptive" to Facebook and suggested that Facebook consider an acquisition because "we're vulnerable in mobile."

Zuckerberg said he didn't have the "exact documents" in front of him. "But I've been clear that we viewed Instagram both as a competitor and as a complement to our services," he said. "At the time, almost no one thought of them as a general social network."

"This is exactly the type of anticompetitive acquisition that the antitrust laws were designed to prevent," Nadler concluded.

The FTC in 2012 green-lit Facebook's acquisition of Instagram.

Politics

'Woke tech' and 'the new slave power': Conservatives gather for Vegas summit

An agenda for the event, hosted by the Claremont Institute, listed speakers including U.S. CTO Michael Kratsios and Texas Attorney General Ken Paxton.

The so-called "Digital Statecraft Summit" was organized by the Claremont Institute. The speakers include U.S. CTO Michael Kratsios and Texas Attorney General Ken Paxton, as well as a who's-who of far-right provocateurs.

Photo: David Vives/Unsplash

Conservative investors, political operatives, right-wing writers and Trump administration officials are quietly meeting in Las Vegas this weekend to discuss topics including China, "woke tech" and "the new slave power," according to four people who were invited to attend or speak at the event as well as a copy of the agenda obtained by Protocol.

The so-called "Digital Statecraft Summit" was organized by the Claremont Institute, a conservative think tank that says its mission is to "restore the principles of the American Founding to their rightful, preeminent authority in our national life." A list of speakers for the event includes a combination of past and current government officials as well as a who's who of far-right provocateurs. One speaker, conservative legal scholar John Eastman, rallied the president's supporters at a White House event before the Capitol Hill riot earlier this month. Some others have been associated with racist ideologies.

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Emily Birnbaum

Emily Birnbaum ( @birnbaum_e) is a tech policy reporter with Protocol. Her coverage focuses on the U.S. government's attempts to regulate one of the most powerful industries in the world, with a focus on antitrust, privacy and politics. Previously, she worked as a tech policy reporter with The Hill after spending several months as a breaking news reporter. She is a Bethesda, Maryland native and proud Kenyon College alumna.

Politics

Silicon Valley is cracking down on Congress

Big Tech's pause on PAC contributions highlights how powerful it's become.

Democrats are particularly frustrated by Facebook, Google and Microsoft's decision to halt PAC contributions altogether, rather than targeting particular Republican lawmakers.

Photo: Tobias Hase/Getty Images

Congress has failed to act on every opportunity it had to seriously rein in the power of Big Tech over the last several years. Negotiations over a federal privacy bill fell apart last year, antitrust reform hit partisan headwinds and every debate over content moderation since 2016 has devolved into a theatrical yelling match that left the parties more divided over solutions than ever.

And now, the bigger-than-ever Silicon Valley is flexing its muscles with impunity as companies cut off violent extremists and wield the power of their political donations, acting more like a government than the U.S. government itself. They're leaving Republicans and Democrats more frustrated and powerless than ever in their wake.

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Emily Birnbaum

Emily Birnbaum ( @birnbaum_e) is a tech policy reporter with Protocol. Her coverage focuses on the U.S. government's attempts to regulate one of the most powerful industries in the world, with a focus on antitrust, privacy and politics. Previously, she worked as a tech policy reporter with The Hill after spending several months as a breaking news reporter. She is a Bethesda, Maryland native and proud Kenyon College alumna.

Trump wants to spend his final week as president getting back at Twitter and Facebook for suspending him.

Photo: Oliver Contreras/Getty Images

President Trump has been telling anyone who will listen that he wants to do something to strike back at Big Tech in the final days of his presidency, promising a "big announcement" soon after Twitter permanently banned him last week.

In a statement that Twitter has taken down multiple times, Trump hammered usual targets — Section 230, the "Radical Left" controlling the world's largest tech platforms — and pledged he would not be "SILENCED." But at this point, as he faces a second impeachment and a Republican establishment revolting against him in the waning days of his presidency, there's likely very little that Trump can actually do that would inflict long-lasting damage on tech companies.

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Emily Birnbaum

Emily Birnbaum ( @birnbaum_e) is a tech policy reporter with Protocol. Her coverage focuses on the U.S. government's attempts to regulate one of the most powerful industries in the world, with a focus on antitrust, privacy and politics. Previously, she worked as a tech policy reporter with The Hill after spending several months as a breaking news reporter. She is a Bethesda, Maryland native and proud Kenyon College alumna.

We need Section 230 now more than ever

For those who want to see less of the kind of content that led to the storming of the Capitol, Section 230 may be unsatisfying, but it's the most the Constitution will permit.

Even if certain forms of awful speech could be made unlawful, requiring tech sites to clean it up would be even more constitutionally difficult.

Photo: Angel Xavier Viera-Vargas

Many conservatives are outraged that Twitter has banned President Trump, calling it "censorship" and solemnly invoking the First Amendment. In fact, the First Amendment gives Twitter an absolute right to ban Trump — just as it protects Simon & Schuster's right not to publish Sen. Josh Hawley's planned book, "The Tyranny of Big Tech."

The law here is clear. In 1974, the Supreme Court said newspapers can't be forced to carry specific content in the name of "fairness," despite the alleged consolidation of "the power to inform the American people and shape public opinion." The Court had upheld such Fairness Doctrine mandates for broadcasters in 1969 only because the government licenses use of publicly owned airwaves. But since 1997, the Court has held that digital media enjoys the same complete protection of the First Amendment as newspapers. "And whatever the challenges of applying the Constitution to ever-advancing technology," wrote Justice Antonin Scalia in 2011, "'the basic principles of freedom of speech and the press, like the First Amendment's command, do not vary' when a new and different medium for communication appears."

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Berin Szóka

Berin Szóka (@BerinSzoka) is president of TechFreedom (@TechFreedom), a technology policy think tank in Washington, DC.

Politics

The other reason Facebook silenced Trump? Republicans lost power.

Yes, the president's acts were unprecedented. But Facebook is also preparing for a new Washington, controlled by Democrats.

Mark Zuckerberg and Facebook's head of public policy Joel Kaplan have spent four years bending to conservatives' demands. Now, Facebook is bending in a new direction.

Photo: Samuel Corum/Getty Images

In his post announcing that President Trump would be blocked from posting on Facebook until at least Inauguration Day, Mark Zuckerberg wrote that the president's incitement of the violent mob that stormed the U.S. Capitol building Wednesday was "fundamentally different" than any of the offenses he's committed on Facebook before. "The risks of allowing the President to continue to use our service during this period are simply too great," he wrote on Thursday.

That may be true. But there's another reason why — after four years spent insisting that a tech company has no business shutting up the president of the United States, no matter how much he threatens to shoot protesters or engages in voter suppression — Zuckerberg finally had a change of heart: Republicans just lost power.

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Issie Lapowsky
Issie Lapowsky (@issielapowsky) is a senior reporter at Protocol, covering the intersection of technology, politics, and national affairs. Previously, she was a senior writer at Wired, where she covered the 2016 election and the Facebook beat in its aftermath. Prior to that, Issie worked as a staff writer for Inc. magazine, writing about small business and entrepreneurship. She has also worked as an on-air contributor for CBS News and taught a graduate-level course at New York University’s Center for Publishing on how tech giants have affected publishing. Email Issie.
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