E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
“They gave
Trump voters sharpies and now their votes are being invalidated! WTF!”
An
unverified user posted this tweet shortly after the Arizona polls closed.
Within a few hours, the tweet and others like it went viral. The official
(verified) Pima County account tweeted a response to Sharpiegate, stating that
felt-tipped pens could be used to vote; they would not invalidate a ballot. That was not enough to stop the surge.
Hundreds of thousands of tweets followed, pushing the narrative of voter fraud.
Sharpiegate
teaches us several lessons. Domestic disinformation was far more potent and
prevalent in 2020 than inauthentic, foreign actors. Political operatives and
social influencers in the U.S. didn’t need to create stories of voter fraud.
They just needed to amplify existing ones, like this one in Arizona by an
authentic, domestic user.
Sharpiegate
is one of hundreds of conspiracy theories that my colleagues and I have tracked
over the last year. On Dec. 3, 2019 — exactly one year ago today — we launched
the Center for an Informed Public (CIP)
at the University of Washington with support from the Knight Foundation. Since
then, we have spent day and night monitoring misinformation surrounding
COVID-19, vaccine hesitancy, the West Coast fires, the social justice movement,
and now the U.S. election. Like other researchers, we have seen the rise of
Plandemic, 5G, and Sharpiegate. We have seen the actors and tactics from one
conspiracy theory emerge within the next. We have seen social media platforms
experiment with banners, tags, and takedowns. And we have seen policy makers
begin to take notice, writing laws limiting the use of synthetic media and
other forms of deceptive technology. The year 2020 has delivered a decade’s
worth of research material.
But
research is not enough. Misinformation is a topic of urgency. It cannot wait
for a five-year publication cycle. We are committed to public engagement and
working with policy makers, journalists, and educators. A recent collaborative
effort illustrates practically how this can be done. In July, together with
Stanford’s Internet Observatory, Graphika, and the DFRLab, the CIP announced
the Election
Integrity Project. The goal of this nonpartisan project was to
monitor, in real time, misinformation around voter integrity and efforts to
deter voting. It included more than 120 researchers, staff, postdoctoral
researchers, and students. We focused specifically on procedural interference,
participation interference, and fraud. We also monitored delegitimization
efforts that continue today at both the federal and local levels. In fact, here
in the state of Washington, the gubernatorial candidate, Loren Culp, refuses to concede, claiming massive voter fraud, despite little
to no evidence to support his claims and despite losing by more than half a
million votes.
The 2020
election, in some ways, was surprisingly unsurprising. A week before the
election, my colleagues and I wrote an EIP post on what to expect on election night and the
days after. The goal was to prepare journalists and the public for uncertainty,
not knowing the result on election night, and likely shifts from red to blue in
vote tallies. During this time of uncertainty, claims of voter fraud were going
to be numerous, backed by “evidence,” with lost and found ballots, and videos
showing poll station irregularities. There would be premature declarations of
winners, affidavits filed, and “statistical evidence” of voter malfeasance. Much of this occurred and continues today. In
retrospect, it is not surprising. Voters had been primed prior to the election
— and so had researchers — for “massive” voter fraud. Narratives had been assembled months before, and some
continue today: mail-dumping, ballot harvesting, the color revolution,
electronic voting machine errors, dead voters, and others.
When it
comes to policy, there are two findings that stand out: What to do with repeat offenders? And what to do with livestream video?
The EIP
team investigated more than a thousand reports of misleading information about
the voting process. These reports included hundreds of thousands of Twitter
users pushing this content. However, a large proportion of the disinformation
was being promulgated by a small percentage of users. These users or news
organizations tended to have large followings (although not always). These
repeat offenders often reframed or decontextualized “findings” to support their
favorite narrative. They often exploited local news, as with Sharpiegate.
Policies at Twitter have led to labels at the individual tweet, but
rarely at the individual. Misinformation that goes viral is rarely stopped
with a label on the content; a label and policies directed at repeat offenders
may be more effective.
The EIP
team also investigated the many ways that livestreaming spread misinformation
and disinformation during the election cycle. Much of this livestream is
without context. These context-free videos can be clipped, edited and used as
evidence to support selected narratives. This is an effective medium for
pushing disinformation because of the manipulative potential, but also because
it is difficult for fact-checkers, journalists, and researchers to identify the
source and mitigate its spread. EIP found highly variant social media policies that
lacked specificity when it came to this form of communication.
The 2020 election presented new challenges for
researchers and the public. But among these challenges were positive outcomes
as well. Voter turnout was high. Decentralized control of the voting process
was resilient. There was no eleventh-hour deepfake video. Most poll stations
ran smoothly. Thankfully, there was little violence. And foreign interference,
and claims of foreign interference, were not much of an issue, at least from
our observations. But delegitimization efforts continue today and will
continue. Democracy pays the price. Our hope is that the efforts in this
workshop, and in the broader research and policy community, will outline ways
to reverse this concerning trend of distrust.
Jevin West is an associate professor in the Information School at the University of Washington and co-author of the book, “Calling Bullshit: The Art of Skepticism in a Data-Driven World.”