Online privacy

A barista gets burned at work, buys first-aid cream at Target, and later that day sees a Facebook ad for the same product. In another Target, someone shouts down the aisle to a companion to pick up some Red Bull; on the ride home, Instagram serves a sponsored post for the beverage. A home baker wishes aloud for a KitchenAid mixer, and moments after there’s an ad for one on his phone. Two friends are talking about recent trips to Japan, and soon after one gets hawked cheap flights there.

The FBI is asking a federal judge in CA to force Facebook to break the encryption on its Messenger app so investigators can listen in on an alleged MS-13 gang member's voice conversations. The case, which remains under seal, raises some of the same privacy concerns as the FBI’s unsuccessful effort to force Apple to engineer a way into the encrypted iPhone of one of the San Bernardino (CA) mass shooters. But the FBI’s request in the Facebook case could have a broader impact, since the bureau reportedly wants to intercept communications in real time.

In recent months, apparently, Facebook, Google, IBM, Microsoft and others have aggressively lobbied officials in the Trump administration and elsewhere to start outlining a federal privacy law. The law would have a dual purpose, they said: It would overrule the California law and instead put into place a kinder set of rules that would give the companies wide leeway over how personal digital information was handled. The efforts could set up a big fight with consumer and privacy groups.

The Federal Trade Commission will begin its Hearings Initiative with two full-day sessions, co-sponsored with and held at the Georgetown University Law Center, on Sept 13 and 14, 2018. The Georgetown event will be the first in a series of hearings that will examine whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement priorities of the Commission.

Tech companies long averse to regulation are starting to embrace the idea of federal data privacy rules as they nervously eye foreign governments' moves toward more tightly regulating their expansive businesses. It's too late for tech to escape sweeping new privacy rules like Europe's General Data Protection Regulation. But clear rules from the US could serve as a global standard as countries around the world look to impose or tighten privacy laws.  As it stands, Europe's first-mover regulations are already resonating globally.

Apple ruled that Facebook's data-security app violated Apple's data-collection policies designed to limit data collection by app developers. Apple informed Facebook that Onavo also violated a part of its developer agreement that prevents apps from using data in ways that go beyond what is directly relevant to the app or to provide advertising. The app, called Onavo Protect, has been available as a free download through Apple’s app store for years, with updates regularly approved by Apple’s app-review board.

Crimson Hexagon, a Boston (MA) data analytics company, raised some eyebrows recently when it announced that its access to the firehose of user data from Facebook and Instagram had been reinstated—after being suspended and investigated by the social media giant for alleged misuse of data for surveillance purposes. The reinstatement, which began earlier in Aug, followed “several weeks of constructive discussion and information exchange,” said Dan Shore, Crimson’s chief financial officer.

Smaller cable operators don't have the incentive or ability to act anticompetitively toward either their customers or edge providers. That came in American Cable Association comments to the Federal Trade Commission as it tees up month-long hearings on protecting consumers and competition in a digital age. ACA said smaller operators provide vital connectivity, particularly in the rural areas the government is focused on bringing into that digital age as full participants.

NCTA: The Internet & Television Association says the Federal Trade Commission needs to take a light-touch approach to regulating the wildly competitive communications marketplace, but apply that touch to everyone in the space.

Tech industry leaders sent a letter to Secretary of State Michael Pompeo urging him to put forward a qualified candidate to serve as the Under Secretary for Economic Growth, Energy, and the Environment. In addition to advocating for open markets and fair trade policies, the Under Secretary plays a critical role as Ombudsperson for the US-EU Privacy Shield Framework, which facilities trans-Atlantic data transfers and is essential to almost every US industry.