Digital Content

[Commentary] While online rights are coming into question, it’s worth considering how those will overlap with offline rights and civic engagement. We need a conversation about data protections, empowering users with their own information, and transparency — ultimately, data rights are now civic rights.While the US still lacks such data standards, the European Union’s General Data Protection Regulation (GDPR), scheduled to take effect in May, demonstrates a path toward reliable online privacy balanced with transparency. 

Some 45 times — I was counting — the Facebook CEO told members of Congress that we’re in control of our data, when it’s plainly impossible for most people to figure out how to do so. That makes it hard to buy what he’s selling, even if it’s free. Zuckerberg has never really explained just how much data Facebook collects and what it does with it.

We’re trusting services like Facebook with our data, and that trust should come with concrete legal responsibilities. To make that happen, Yale Law professor Jack Balkin proposes designating cloud providers as “information fiduciaries,” binding them an industry-wide code of conduct modeled after similar designations in law, medicine, and finance. In the abstract, the rule would require Facebook and other companies to not act against user’s interest, leaving courts to decide the penalties when they do.

Uber Technologies has agreed to expand the proposed settlement it reached with the Federal Trade Commission in 2017 over charges that the ride-sharing company deceived consumers about its privacy and data security practices. After the announcement of 2017’s proposed settlement, the FTC learned that Uber had failed to disclose a significant breach of consumer data that occurred in 2016 -- in the midst of the FTC’s investigation that led to the August 2017 settlement announcement. Due to Uber’s misconduct related to the 2016 breach, Uber will be subject to additional requirements.

After two days and more than 10 hours of questioning of Mark Zuckerberg, the Facebook chief executive, there was widespread consensus among lawmakers that social media technology — and its potential for abuse — had far outpaced Washington and that Congress should step in to close the gap. But the agreement largely ended there.

Sens Ed Markey (D-MA) and Richard Blumenthal (D-CT), have introduced the Privacy Bill of Rights bill, the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act, which would require edge providers to obtain opt-in consent to use, share or sell users' personal info. It would not extend opt-in to data collection, but would require edge providers to notify users of such collection. The bill would require the Federal Trade Commission to establish online protections for "customers" of online edge providers, including Facebook and Google.

Here are five facts about Americans’ use of Facebook, drawn from recent Pew Research Center surveys:

[Commentary] Is it time to recognize that Facebook, and ‘Big Tech’ at large, may be a bug in our democracy? In Part 1, I examined how the Facebook-Cambridge Analytica story illustrates the harmful effects of “Surveillance Capitalism.” The erosion of our privacy is contributing to the declining health of our democratic discourse.  Moreover though, Facebook has facilitated the proliferation of hate speech, fake news, and international electoral interference.

Europe’s new privacy law, the General Data Protection Regulation (GDPR) will enter into force in May 2018. Understandably, given that data breaches and privacy violations have been in the headlines lately -- and given that the GDPR will reshuffle privacy protection in Europe and beyond -- many in the United States are looking to the GDPR for ideas of what to do - and what not to do. We think that it would be impractical and ineffective to copy and paste the GDPR to U.S. law -- the institutions and legal systems are just too different. 

The role of so-called social media “bots” – automated accounts capable of posting content or interacting with other users with no direct human involvement – has been the subject of much scrutiny and attention in recent years. These accounts can play a valuable part in the social media ecosystem by answering questions about a variety of topics in real time or providing automated updates about news stories or events.