Watch: The Future of Content Moderation Online
As Big Tech cracks down on moderation after the Capitol attack and Wall Street braces for more fallout from social media's newfound influence on stock trading,
legislators are eyeing changes to Section 230 of the Communications Decency Act of 1996. On Wednesday, February 10, dot.LA brought together legal perspectives and the views of a founder and venture capitalist on the ramifications of changing the way that social media and other internet companies deal with the content posted on their platforms.
A critic of Big Tech moderation, Craft Ventures General Partner and former COO of PayPal David Sacks called for an amendment of the law during dot.LA's Strategy Session Wednesday. Tyler Newby and Andrew Klungness, both partners at law firm Fenwick, laid out the potential legal implications of changing the law.
Section 230 limits the liability of internet intermediaries, including social media companies, for the content users publish on their platforms.
"Mend it, don't end it," Sacks said.
Sacks said he's concerned about censorship in the wake of companies tightening moderation policies. In the case of Robinhood's recent decision to freeze users from trading certain stocks— including GameStop's — for a period of time, he said we're now seeing discussions about Big Tech's role in censorship unfold in nonpartisan settings.
"Who has the power to make these decisions?" he said. "What concerns me today is that Big Tech has all the power."
Social media sites including Twitter pulled down former President Trump's account after last month's attack on the U.S. Capitol. But critics have said that these sites didn't go far enough in stopping conversations that provoked the violence.
To provide some external standard, he called for the "reestablishment of some First Amendment rights in this new digital public square" — which is to say, on privately owned platforms.
Newby pointed to a series of recent bills aimed at reigning in the power of tech companies. Changes to moderation laws could have sweeping impacts on more companies than giants like Facebook or Twitter.
"It's going to have a huge stifling effect on innovation," said Klungness, referring to a possible drop in venture capital to new startups. "Some business models may be just simply too risky or may be impractical because they require real-time moderation of content."
And if companies are liable for how their users behave, Klungness said, some companies may never take the risk in launching these companies at all. "Some business models may be just simply too risky or may be impractical because they require real-time moderation of content," he said.
Watch the full discussion below.
Strategy Session: The Future of Content Moderation Online
David Sacks, Co-Founder and General Partner of Craft Ventures
David Sacks, Co-Founder and General Partner of Craft Ventures
David Sacks is co-founder and general partner at Craft. He has been a successful tech entrepreneur and investor for two decades, building and investing in some of the most iconic companies of the last 20 years. David has invested in over 20 unicorns, including Affirm, Airbnb, Bird, Eventbrite, Facebook, Houzz, Lyft, Opendoor, Palantir, Postmates, Reddit, Slack, SpaceX, Twitter and Uber.
In December 2014, Sacks made a major investment in Zenefits and became the company's COO. A year later, in the midst of a regulatory crisis, the Board asked David to step in as interim CEO of Zenefits. During his one year tenure, David negotiated resolutions with insurance regulators across the country, and revamped Zenefits' product line. By the time he left, regulators had praised David for "righting the ship", and PC Magazine hailed the new product as the best small business HR system.
David is well known in Silicon Valley for his product acumen. AngelList's Naval Ravikant has called David "the world's best product strategist." David likes to begin any meeting with a new startup by seeing a product demo.
Kelly O'Grady, Chief Correspondent & Host and Head of Video at dot.LA
Kelly O'Grady is dot.LA's chief host & correspondent. Kelly serves as dot.LA's on-air talent, and is responsible for designing and executing all video efforts. A former management consultant for McKinsey, and TV reporter for NESN, she also served on Disney's Corporate Strategy team, focusing on M&A and the company's direct-to-consumer streaming efforts. Kelly holds a bachelor's degree from Harvard College and an MBA from Harvard Business School. A Boston native, Kelly spent a year as Miss Massachusetts USA, and can be found supporting her beloved Patriots every Sunday come football season.
Tyler Newby is a partner at Fenwick
Tyler Newby, Partner at Fenwick
Tyler focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and consumer-facing companies. Tyler has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents. In addition to his litigation practice, Tyler regularly advises companies large and small on reducing their litigation risk on privacy, data security and secondary liability issues. Tyler frequently counsels companies on compliance issues relating to key federal regulations such as the Children's Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Computer Fraud and Abuse Act (CFAA), the Gramm Leach Bliley Act (GLBA), Electronic Communications Privacy Act (ECPA) and the Telephone Consumer Protection Act (TCPA).
In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. He currently serves as a Chair of the American Bar Association Litigation Section's Privacy & Data Security Committee, and was recently appointed to the ABA's Cybersecurity Legal Task Force. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification.
Andrew Klungness is a partner at Fenwick
Andrew Klungness, Partner at Fenwick
Leveraging nearly two decades of business and legal experience, Andrew navigates clients—at all stages of their lifecycles—through the opportunities and risks presented by novel and complex transactions and business models.
Andrew is a co-chair of Fenwick's consumer technologies and retail and digital media and entertainment industry teams, as well as a principal member of its fintech group. He works with clients in a number of verticals, including ecommerce, consumer tech, fintech, enterprise software, blockchain, marketplaces, CPG, mobile, AI, social media, games and edtech, among others.
Andrew leads significant and complex strategic alliances, joint ventures and other collaboration and partnering arrangements, which are often driven by a combination of technological innovation, industry disruption and rights to content, brands or celebrity personas. He also structures and negotiates a wide range of agreements and transactions, including licensing, technology sourcing, manufacturing and supply, channel partnerships and marketing agreements. Additionally, Andrew counsels clients in various intellectual property, technology and contract issues in financing, M&A and other corporate transactions.
Sam Adams, Co-Founder and CEO of dot.LA
Sam Adams, Co-Founder and CEO of dot.LA
Sam Adams serves as chief executive of dot.LA. A former financial journalist for Bloomberg and Reuters, Adams moved to the business side of media as a strategy consultant at Activate, helping legacy companies develop new digital strategies. Adams holds a bachelor's degree from Harvard College and an MBA from the University of Southern California. A Santa Monica native, he can most often be found at Bay Cities deli with a Godmother sub or at McCabe's with a 12-string guitar. His favorite colors are Dodger blue and Lakers gold.
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The list includes many familiar names. Dana Settle, founding partner of Greycroft, and Mark Mullen, founding partner of Bonfire Ventures, garnered the most votes.
Settle manages West Coast operations for Greycroft, a New York firm with $1.8 billion in assets under management. She is one of only nine of the top 100 VCs nationally who are women, according to CB Insights.
Mullen is a founding partner of Bonfire Ventures, which closed a $100 million second fund in September to continue funding seed stage business-to-business (B2B) software startups. Mullen has also been an angel investor and is an LP in other funds focusing on other sectors, including MaC VC and BAM Ventures.
Below is the list of the top ranked investors by how many votes each received from their peers. When there was a tie, they appear in alphabetical order according to their last name:
Mark Mullen, Bonfire Ventures
Mark Mullen is a founding partner of Bonfire Ventures. He is also founder and the largest investor in Mull Capital and Double M Partners, LP I and II. A common theme in these funds is a focus on business-to-business media and communications infrastructures.
In the past, Mullen has served as the chief operating officer at the city of Los Angeles' Economic Office and a senior advisor to former Mayor Villaraigosa, overseeing several of the city's assets including Los Angeles International Airport and the Los Angeles Convention Center. Prior to that, he was a partner at Daniels & Associates, a senior banker when the firm sold to RBC Capital Markets in 2007.
Dana Settle, Greycroft
Dana Settle is a founding partner of Greycroft, heading the West Coast office in Los Angeles. She currently manages the firm's stakes in Anine Bing, AppAnnie, Bird, Clique, Comparably, Goop, Happiest Baby, Seed, Thrive Market, Versed and WideOrbit, and is known for backing female-founded companies.
"The real change takes place when female founders build bigger, independent companies, like Stitchfix, TheRealReal," she said this time last year in an interview with Business Insider. "They're creating more wealth across their cap tables and the cap tables tend to be more diverse, so that gives more people opportunity to become an angel investor." Prior to founding Greycroft, she was a venture capitalist and startup advisor in the Bay Area.
Erik Rannala, Mucker Capital
Erik Rannala is a founding partner at Mucker Capital, which he created with William Hsu in 2011. Before founding Mucker, Rannala was vice president of global product strategy and development at TripAdvisor and a group manager at eBay, overseeing its premium features business.
"As an investor, I root for startups. It pains me to see great teams and ideas collapse under the pressure that sometimes follows fundraising. If you've raised money and you're not sure what comes next, that's fine – I don't always know either," Rannala wrote in a blog post for Mucker.
Mucker has a portfolio of 61 companies, including Los Angeles-based Honey and Santa Monica-based HMBradley.
William Hsu, Mucker Capital
William Hsu is a founding partner at the Santa Monica-based fund Mucker Capital. He started his career as a founder, creating BuildPoint, a provider of workflow management solutions for the commercial construction industry not long after graduating from Stanford.
In an interview with Fast Company, he shared what he learned in the years following, as he led product teams at eBay, Green Dot and Spot Runner, eventually becoming the SVP and Chief Product Officer of At&T Interactive: "Building a company is about hiring correctly, adhering to a timeline, and rigorously valuing opportunity. It's turning something from inspiration and creative movement into process and rigor."
These are the values he looks for in founders in addition to creativity. "I like to see the possibility of each and every idea, and being imaginative makes me a passionate investor."
Jim Andelman, Bonfire Ventures
Jim Andelman is a founding partner of Bonfire Ventures, a fund that focuses on seed rounds for business software founders. Andelman has been in venture capital for 20 years, previously founding Rincon Venture Partners and leading software investing at Broadview Capital Partners.
He's no stranger to enterprise software — he also was a member of the Technology Investment Banking Group at Alex. Brown & Sons and worked at Symmetrix, a consulting firm focusing on technology application for businesses.
In a podcast with LA Venture's Minnie Ingersoll earlier this year, he spoke on the hesitations people have about choosing to start a company.
"It's two very different things: Should I coach someone to be a VC or should I coach someone to enter the startup ecosystem? On the latter question, my answer is 'hell yeah!'"
Josh Diamond, Walkabout Ventures
Josh Diamond founded Walkabout Ventures, a seed fund that primarily focuses on financial service startups. The firm raised a $10 million fund in 2019 and is preparing for its second fund. Among its 19 portfolio companies is HMBradley, which Diamond helped seed and recently raised $18 in a Series A round.
"The whole reason I started this is that I saw there was a gap in the funding for early stage, financial service startups," he said. As consumers demand more digital access and transparency, he said the market for financial services is transforming — and Los Angeles is quickly becoming a hub for fintech companies. Before founding Walkabout, he was a principal for Clocktower Technology Ventures, another Los Angeles-based fund with a similar focus.
Kara Nortman, Upfront Ventures
Kara Nortman was recently promoted to managing partner at Upfront Ventures, making her one of the few women – along with Settle – to ascend to the highest ranks of a major VC firm.
Though Upfront had attempted to recruit her before she joined in 2014, she had declined in order to start her own company, Moonfrye, a children's ecommerce company that rebranded to P.S. XO and merged with Seedling. Upfront invested in the combination, and shortly after, Nortman joined the Upfront team.
Before founding Moonfrye, she was the SVP and General Manager of Urbanspoon and Citysearch at IAC after co-heading IAC's M&A group.
In an interview with dot.LA earlier this year, she spoke on how a focus for her as a VC is to continue to open doors for founders and funders of diverse backgrounds.
"Once you're a woman or a person of color in a VC firm, it is making sure other talented people like you get hired, but also hiring people who are not totally like you. You have to make room for different kinds of people. And how do you empower those people?"
Brett Brewer, Crosscut Ventures
Brett Brewer is a co-founder and managing director of Crosscut Ventures. He has a long history in entrepreneurship, starting a "pencil selling business in 4th grade." In 1998, he co-founded Intermix Media. Under their umbrella were online businesses like Myspace.com and Skilljam.com. After selling Intermix in 2005, he became president of Adknowledge.com.
Brewer founded Santa Monica-based Crosscut in 2008 alongside Rick Smith and Brian Garrett. His advice to founders on Crosscut's website reflects his experience: "Founders have to be prepared to pivot, restart, expect the unexpected, and make tough choices quickly... all in the same week! It's not for the faint of heart, but after doing this for 20 years, you can spot the fire (and desire) from a mile away (or not)."
Eva Ho, Fika Ventures
Eva Ho is a founding partner of Fika Ventures, a boutique seed fund, which focuses on data and artificial intelligence-enabled technologies. Prior to founding Fika, she was a founding partner at San Francisco-based Susa Ventures, another seed-stage fund with a similar focus. She is also a serial entrepreneur, most recently co-founding an L.A. location data provider, Factual. She also co-founded Navigating Cancer, a health startup, and is a founding member of All Raise, a nonprofit that supports and provides resources to female founders and funders.
In an interview with John Livesay shortly before founding Fika, Ho spoke to how her experience at Factual helped focus what she looks for in founders. "I always look for the why. A lot of people have the skills and the confidence and the experience, but they can't convince me that they're truly passionate about this. That's the hard part — you can't fake passion."
Brian Lee, BAM Ventures
Brian Lee is a co-founder and managing director of BAM Ventures, an early-stage consumer-focused fund. In an interview with dot.LA earlier this year, Lee shared that he ended up being the first investor in Honey, which was bought by PayPal for $4 billion, through investing in founders and understanding their "vibe."
"There's certain criteria that we look for in founders, a proprietary kind of checklist that we go through to determine whether or not these are the founders that we want to back…. [Honey's founders] knew exactly what they were building, and how they were going to get there."
His eye for the right vibe in a founder is one gleaned from experience. Lee is a serial entrepreneur, founding LegalZoom.com, ShoeDazzle.com and The Honest Company.
Alex Rubalcava, Stage Venture Partners
Alex Rubalcava is a founding partner of Stage Venture Partners, a seed venture capital firm that invests in emerging software technology for B2B markets. Prior to joining, he was an analyst at Santa Monica-based Anthem Venture Partners, an investor in early stage technology companies. It was his first job after graduating from Harvard, and during his time at Anthem the fund was part of Series A in companies like MySpace, TrueCar and Android.
He has served as a board member in several Los Angeles nonprofits and organizations like KIPP LA Schools and South Central Scholars.
"Warren Buffett says that he's a better businessman because he's an investor, and he's a better investor because he's a businessman. I feel the same way about VC and value investing. Being good at value investing can make you good at venture capital, and vice versa," Rubalcava said in an interview with Shai Dardashti of MOI Global.
Mark Suster, Upfront Ventures
Mark Suster, managing partner at Upfront Ventures, is arguably L.A.'s most visible VC, frequently posting on Twitter and on his blog, not only about investing but also more personal topics like weight loss. In more normal years, he presides over LA's biggest gathering of tech titans, the Upfront Summit. Before Upfront, he was the founder and chief executive officer of two software companies, BuildOnline and Koral, which was acquired by Salesforce. Upfront backed both of his companies, and eventually he joined their team in 2007.
In a piece for his blog, "Both Sides of the Table," Suster wrote about the importance of passion — not just for entrepreneurs and their businesses, but for the VCs that fund them as well.
"On reflection of the role that I want to play as a VC it is clearly in the camp of passion. I really want to start my journeys only with people with whom I want to work closely with for the next 5–7 years or more. I only want to work on projects in which I believe can produce truly amazing change in an industry or in the world."
Lead art by Candice Navi.
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