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Facebook sued by Russian firm

A Russian company whose accountant was charged by federal prosecutors for attempting to meddle in U.S. elections sued Facebook Inc on Tuesday, claiming it is a legitimate news outlet and its Facebook account should be restored. Facebook, a social media and social networking site, was launched by Mark Zuckerberg…

A Russian company whose accountant was charged by federal prosecutors for attempting to meddle in U.S. elections sued Facebook Inc on Tuesday, claiming it is a legitimate news outlet and its Facebook account should be restored.

Background

Facebook, a social media and social networking site, was launched by Mark Zuckerberg in 2004 along with some of his Harvard roommates. Almost instantly the site was a hit among its users and grew exponentially across the world. As of June 2017, Zuckerberg said that Facebook had two billion users monthly.

Facebook has more than 2 billion monthly active users as of June 2017. Its popularity has led to prominent media coverage for the company, including significant scrutiny over privacy and the psychological effects it has on users.

In May 2017, it emerged that Facebook was a key influencer in the outcome of the 2016 US Presidential election and the Brexit vote, according to those who ran the campaigns. Those in charge of these digital campaigns believe that the social network was decisive in both wins. In the past years, social media, in general, has come under scrutiny for hate campaigns and terrorist propaganda, the presence of bots, and the proliferation of so-called fake news ahead of elections.

Since the start of 2018, Facebook has committed to making significant changes to their platform. In a post on his page on the social network early this month, creator and CEO Mark Zuckerberg said the website was making too many errors enforcing policies and preventing misuse of its tools. Zuckerberg has famously set himself challenges every year since 2009. This year the Facebook creator said his “Personal challenge” is to fix important issues with the platform to prevent misuse of the website.

Analysis

The Federal Agency of News LLC, known as FAN, and its sole shareholder, Evgeniy Zubarev, filed the lawsuit in federal court in the Northern District of California, seeking damages and an injunction to prevent Facebook from blocking its account.

Facebook deleted FAN’s account in April as it purged pages linked to the St. Petersburg-based Internet Research Agency, which was indicted by Special Counsel Robert Mueller earlier this year for flooding social media with false information in a bid to sow discord in the run-up to the 2016 U.S. election.

Facebook has yet to issue a statement on this issue whereas Peter Carr, a spokesman for Mueller, declined to comment.

FAN and Zubarev said they were improperly swept up in Facebook’s purge, which took down more than 270 Russian language accounts and pages, according to the complaint.

“FAN is an independent, authentic and legitimate news agency which publishes reports that are relevant and of interest to the general public,” the company said in the lawsuit.

The lawsuit argued that Facebook had effectively acted as an arm of the government in improperly impinging on its right to free speech, and cited the Civil Rights Act of 1964 in claiming Facebook discriminated against it due to its Russian origins.

Renato Mariotti, a former federal prosecutor, described those arguments as weak and predicted the plaintiffs would have a hard time gaining any traction in the courts.

FAN acknowledged previously sharing the same office building as the Internet Research Agency and said it has employed Elena Alekseevna Khusyaynova, the Russian woman charged by prosecutors last month for attempting to meddle in the 2018 congressional elections, as its chief accountant since August 2016.

However, the plaintiffs said Khusyaynova’s role at the company has been limited to overseeing day-to-day bookkeeping, and that she was not an officer and had no discretion over editorial content.

The plaintiffs also said they were not involved in “Project Lakhta,”, a Kremlin-backed information warfare campaign U.S. prosecutor says was started in 2014 and financed by Evgeny Viktorovich Prigozhin, an oligarch close to Russian President Vladimir Putin.

Assessment

Our assessment is that Facebook has experienced the first major blowback of its publicised “War on Fake News” and we can expect more cases like these to be uncovered over the coming weeks. We believe that Facebook’s efforts have been largely misdirected and are half measures. We also feel that Facebook could issue a new strategy to tackle “fake news” altogether if they lose this case. 

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