Emory Undergraduate Journal of Law & Society

As social lives become increasingly digital, concerns over privacy breaches and data exploitation have grown, threatening the online lives of Americans. Legal cases like Facebook v. Massachusetts (2018) have demonstrated these serious vulnerabilities and, in turn, have contributed to a broader distrust of governmental institutions regarding cybersecurity and data protection [1].

This erosion of trust stems from the widespread exploitation of personal data by social media platforms. For instance, in Facebook v. Massachusetts, Facebook was accused of misleading users into policy agreements allowing their data to be shared and accessed by outside parties. The case exposed that Cambridge Analytica stole 87 million users’ information without their consent and used it to curate “detailed psychological profiles of every American voter so that campaigns could tailor their pitches from person to person” during the 2016 Presidential Election [2]. The Massachusetts Attorney General and several other private and public organizations filed class action lawsuits against Facebook, sparking an intense investigation into the company and its policies. The verdict established that Facebook not only blatantly violated privacy laws but also failed to protect users’ personal information.

Facebook v. Massachusetts was eventually settled, placating the fear by compensating with a cash payout for their inconveniences and data manipulation, but the effects are still prominent, as citizens grapple with what they can trust online. Though Facebook and most social media platforms are private companies, the relationship between data exploitation and cybersecurity concerns is still a driving force behind the erosion of trust in government. This issue directly impacted how Americans view politics, especially as social media has become a prominent source of information access [3].The ability to correctly analyze viable internet sources, otherwise known as media literacy, has become an essential skill for navigating society’s digital world.

According to the Pew Research Center, “most Americans (69%) say they are following news about the candidates for the 2024 presidential election very or fairly closely. And 73% say they have seen inaccurate news coverage about the election at least somewhat often” [4].

Despite the fear surrounding the 2016 presidential election, misinformation remains a growing global issue. Citizens faced significant consequences as they relied on social media as a news outlet when personal data was manipulated, harvested, and weaponized for a political agenda in Facebook v. Massachusetts. Despite this, little energy has been allocated to ensuring scandals, such as Cambridge Analytica, do not occur again. In fact, there has been an increase in the utilization of social media as news resources during presidential elections, according to Social Media Today, despite the risk involved [3].

To combat the ongoing erosion of trust in government, society must prioritize effective media literacy. Citizens need the skills and knowledge to critically assess the sources they encounter online, especially in an age where misinformation is rampant. This includes learning how to identify misinformation, such as AI-generated content, fake news, or biased posts. Media literacy should be integrated into the educational system, starting as early as high school, to ensure future voters can navigate a heated and messy political climate while still making informed decisions. By fostering a more educated and literate public, precautions are placed to prevent the exploitation of personal data and the violation of privacy rights in the future. The burden is not solely on the citizens to improve media literacy but also on the government to ensure that social media platforms are regulated to reduce unlawful access to private data. Without this critical shift toward media literacy and accountability, a continuous cycle of misinformation and distrust in the government will weaken the values of democracy and informed constituents. 

References

[1] Justia Law. (2021). Attorney General v. Facebook, Inc. https://law.justia.com/cases/massachusetts/supreme-court/2021/sjc-12946.html.

[2] Detrow, S. (2018, March 20). What Did Cambridge Analytica Do During The 2016 Election? Npr.org. https://www.npr.org/2018/03/20/595338116/what-did-cambridge-analytica-do-during-the-2016-election.

[3] Hutchinson, A. (2024, September 17). Social Media Remains a Key News Source for Americans. Social Media Today. https://www.socialmediatoday.com/news/social-media-remains-key-news-source-americans/727304/.

[4] Pew Research Center. (2023, July 20). Misinformation – Research and data from the Pew Research Center. https://www.pewresearch.org/topic/news-habits-media/media-society/misinformation/.