Digital Content

A member of the Justice Department's criminal division and a special agent with the FBI attended Rubicon Project's digital advertising conference, Executive Exchange to speak about the future of ad fraud and crime. FBI Special Agent Evelina Aslanyan spoke at the off-the-record event to high-level executives in the advertising industry about how ad fraud represents a whole new world of crime for publishers and consumers. Alexander Mindlin, an assistant U.S. Attorney General at the DOJ's criminal division, was also in attendance.

[Commentary] Americans should have rights to and control over their data. If we don’t like a service, we should be free to move our data to another. The same network effect that creates value for people on Facebook can also lock them into Facebook’s walled garden by creating barriers to competition. People who may want to leave Facebook are less likely to do so if they aren’t able to seamlessly rebuild their network of contacts, photos, and other social graph data on a competing service or communicate across services.

Sens Amy Klobuchar (D-MN) and John Kennedy (R-LA) announced privacy legislation that will protect consumers’ online data. The bipartisan legislation would require companies to make privacy disclosures clearer and more transparent, give consumers the right to control their own data by allowing people to opt-out of having their data collected, and require companies to notify consumers of a privacy violation within 72 hours. Specifically, the legislation:

Facebook for the first time published its 27 page of guidelines it calls Community Standards which gives to its workforce of thousands of human censors. It encompasses dozens of topics including hate speech, violent imagery, misrepresentation, terrorist propaganda and disinformation. Facebook said it would offer users the opportunity to appeal Facebook's decisions.  Facebook’s vice president of global policy management, Monika Bickert, explained that the company decided to make the standards public for two reasons.

[Commentary] One phrase that keeps being tossed around: "Facebook should be treated like a utility." The idea is that the use of Facebook has become effectively essential to modern life, and therefore it should be regulated just like water or electricity. Let's get this right: Facebook is not a utility. It is an app. It may be a dominant app. It may even be exercising monopoly power unfairly. But it is not a utility, and muddying the definitional waters this way will only help the real utilities—like Comcast, Spectrum, AT&T, Verizon, and CenturyLink—avoid genuine oversight.

In Europe and the United States, the conventional wisdom is that regulation is needed to force Silicon Valley’s digital giants to respect people’s online privacy. But new rules may instead serve to strengthen Facebook’s and Google’s hegemony and extend their lead on the internet. That’s because wary consumers are more prone to trust recognized names with their information than unfamiliar newcomers.

In April, Washington lawmakers overwhelmingly passed a narrow bill that seeks to crack down on sex trafficking online. To most, it seemed like a no-brainer: Sex trafficking is obviously bad. The law, however, changed Section 230 of the Communications Decency Act of 1996, a 20-year-old communications law that is the basis of the free internet as we know it.

In 2016, Google changed its terms of service, allowing it to merge its trove of tracking and advertising data with the personally identifiable information from our Google accounts. Google uses, among other things, our browsing and search history, apps we’ve installed, demographics such as age and gender and, from its own analytics and other sources, where we’ve shopped in the real world. Google says it doesn’t use information from “sensitive categories” such as race, religion, sexual orientation or health.

Facebook has quietly altered its terms of service, making stricter Irish data protection laws no longer binding on the vast majority of its users. Now, Facebook’s headquarters in California will be responsible for processing any relevant legal claims, and American law will be binding for those outside the European Union.