Online privacy

[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 more than 10 hours of grilling Facebook CEO Mark Zuckerberg, Congress is no closer to regulating the platform's privacy practices than it was when the hearings started. It's clear that lawmakers haven't coalesced around a regulatory end-goal, even though the threat remains.

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.

"Who’s going to protect us from Facebook?" asked Rep. Janice Schakowsky (D-IL) at a House Commerce Committee hearing April 11. There's currently very little recourse for Facebook users whose privacy was breached by the Cambridge Analytica leak, says Marc Rotenberg, president of the Electronic Privacy Information Center. "The reason we need privacy laws is precisely because individuals lose control over their personal information when it is transferred to a business," Rotenberg said. "Privacy laws help ensure personal data is used only for its intended purpose."

[Commentary] We are in a brave new world. Facebook and 'Big Tech' have contributed to the erosion of our democratic discourse. We need to have these new titans assume responsibilities on par to the influence they have over our information ecosystem. We need to address this bug in our democracy. Short-term policy solutions can help curb some of Facebook’s harmful effects, but the larger task before policymakers -- and all of us -- is to critically examine the long-term health of our democratic discourse.

Setting aside that some people might actually like the option of paying for services in exchange for enhanced privacy protection, history tells us that advertising can support free content just fine without needing to know every detail of our lives to serve us unique ads tailored to an algorithms best guess about our likes and dislikes based on multi-year, detailed surveillance of our every eye-muscle twitch. Despite the unfortunate tendency of social media to drive toward the most extreme arguments even at the best of times, “privacy regulation” is hardly an all or nothing proposition.

Facebook’s tracking stretches far beyond the company’s well-known targeted advertisements. And details that people often readily volunteer — age, employer, relationship status, likes and location — are just the start. The social media giant also tracks users on other sites and apps. It also collects so-called biometric facial data without users’ explicit “opt-in” consent, and helps video-game companies target “high-value players” who are likely to spend on in-app purchases.