Facebook: Principles Before Statutes

The Facebook Oversight Board is now open for cases and I look forward to seeing the results. But I have the same question I’ve had since the planning for its creation began, and I asked that question in a web call today with board leadership:

What higher principles will the Board call upon in making its decisions? It will be ruling on Facebook’s content decisions based on the company’s own statutes — that is, the “community standards” Facebook sets for the community.

The Board says it will also decide cases on the basis of international human rights standards. This could mean the board might find that Facebook correctly enforced its statute but that the statute violates a principle of human rights, which would result in a policy recommendation to Facebook. Good.

But there remains a huge gap between community statutes and international human rights law. What is missing, I have argued, is a Constitution for Facebook: a statement of why it exists, what kind of community it wants to serve, what it expects of its community, in short: a north star. That doesn’t exist.

But the Oversight Board might — whether it and Facebook know it or not — end up writing that Constitution, one in the English model, set by precedent, rather than the American model, set down in a document. That will be primarily in Facebook’s control. Though the Oversight Board can pose policy questions and make recommendations, it is limited by what cases come its way — from users and Facebook — and it does not set policy for the company; it only decides appeals and makes policy recommendations.

It’s up to Facebook to decide how it treats the larger policy questions raised by the Oversight Board and the cases. In reacting to recommendations, Facebook can begin to build a set of principles that in turn begin to define Facebook’s raison d’être, its higher goals, its north star, its Constitution. That’s what I’ve told people at Facebook I want to see happen.

The problem is, that’s not how Facebook or any of the technology companies think. Since, as Larry Lessig famously decreed, code is law, what the technologists want is rules — laws — to feed their code — their algorithms — to make consistent decisions at scale.