Kara Swisher: Yes, Facebook Has Become a Menace
Generally, I tend to lean toward freer markets when it comes to major regulatory and anti-trust actions in internet tech. Especially the consumer web because it&#x27;s so fast-moving and often disrupted. But occasionally major action is justified, necessary and the best available approach (or least-bad approach). I have no doubt when I read the allegations count by count I&#x27;ll be concerned and even feel dismayed by the obvious privacy, data and trust issues. But whether the allegations are ethically concerning or morally problematic isn&#x27;t at issue. They certainly are. However, I&#x27;m still unsure about the <i>legal</i> merits of the specific charges of this week&#x27;s indictment. Mostly because I haven&#x27;t seen them in detail yet but also because much of the existing legal precedent around these topics predates the rise of social media, the web and even the internet. Recent e-mail privacy cases are still being decided based on precedent set half a century ago in cases about analog phone system pin registers.<p>If this were a criminal case, going for a life-without-parole sentence sets a much higher bar for the prosecution. Whether prosecutors can meet a similarly high bar and secure a sentence that breaks up Facebook is a high-stakes gamble. It will take years to reach a final ruling and I&#x27;m sure FB will bring a defense every bit spirited and competent as the prosecution - and that&#x27;s a good thing for us all. Regardless the eventual outcome of this specific case, these are deeply important issues and it&#x27;s time they&#x27;re more widely discussed, debated and fully litigated to a precedent-setting, internet-era court ruling.