Online privacy

According to a series of letters from Federal Trade Commission Chairman Joe Simons to US senators, the agency is planning to launch a wide-ranging study of tech companies' data practices. He wrote that the FTC is planning to conduct a so-called 6(b) study, which the agency has previously applied to data brokers and businesses accused of abusing the federal patent system. He suggested the study would target large tech firms but didn't specifically name companies like Google, Facebook or Amazon.

House Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Consumer Protection Subcommittee Chair Jan Schakowsky (D-IL) wrote to the Federal Trade Commission asking how it would use additional resources to protect consumer privacy and increase data security enforcement activity. The Committee leaders asked how the FTC would deploy resources under three different scenarios – if it received an additional $50, $75 or $100 million for consumer protection and privacy. Chairmen Pallone and Schakowsky requested responses from the FTC to a series of questions by April 3, 2019, including:

After each misdeed becomes public, Facebook alternates between denial, hollow promises and apology campaigns. As chairman of the House Subcommittee on Antitrust, Commercial and Administrative Law, I am calling for an investigation into whether Facebook’s conduct has violated antitrust laws. Since the Cambridge Analytica scandal, the Federal Trade Commission has confirmed that it is investigating Facebook to determine whether it violated a consent order it entered into with the commission in 2011.

A Q&A with Sen Josh Hawley (R-MO). 

The Federal Trade Commission’s privacy and security enforcement actions in 2018 included shutting down revenge porn website MyEx.com, approving a settlement with peer-to-peer payment service Venmo over deceptive privacy settings, approving an expanded settlement with Uber Technologies to resolve data security and privacy allegations, and approving a privacy and data security settlement with mobile phone maker BLU Products, Inc. The FTC also obtained a $3 million

As privacy scandals mount at firms such as Facebook, Presidential candidate Sen Amy Klobuchar (D-MN) is positioning her data tax as a way to make technology companies think twice about how they share and profit from users’ data. But implementing such an idea might be difficult, experts noted. Taxing data means you have to know what such information is worth, for instance. Former Facebook employee Antonio García Martínez says data is often compared to oil, but that's a poor analogy because unlike oil that has a clear price, the ultimate value of data is unknown.

Some of the country’s most influential state attorneys general are signaling they’re willing to take action against Facebook, Google and other tech giants, warning that the companies have grown too big and powerful -- and that Washington has been too slow to respond. Some state officials feel that Washington bears some of the blame for the tech industry’s string of scandals in the first place.

Smartphone 911 location data is getting more precise, but the Federal Communications Commission isn't updating its privacy rules despite carriers' history of selling their customers' location data. The FCC is scheduled to vote on a Further Notice of Proposed Rulemaking (FNPRM) requiring collection of more precise location data. The data would identify a person's floor in a multi-story building when someone calls 911 and is being referred to as "Z-axis" data.

Google, a shrewd Washington player, has shifted into overdrive and adapted its approach as calls to regulate Big Tech have grown louder. A person familiar with Google’s strategy for influencing public debate says the company generally doesn’t seek to change experts’ thinking but, rather, to underwrite their time and encourage them to be more vocal on issues important to Google. Google may pre-vet op-eds and ask that certain statements be made stronger or weaker, which seems small but ends up having a big impact, the person said.

Federal prosecutors are conducting a criminal investigation into data deals Facebook struck with some of the world’s largest technology companies, intensifying scrutiny of the social media giant’s business practices as it seeks to rebound from a year of scandal and setbacks. A grand jury in New York has subpoenaed records from at least two prominent makers of smartphones and other devices, apparently. Both companies had entered into partnerships with Facebook, gaining broad access to the personal information of hundreds of millions of its users.