Online privacy

[Commentary] Our current privacy framework no longer works. While the hearings this month offered little in terms of solutions, they did put a spotlight on a problem that’s been glaringly obvious for years: Consumers have little control over their data online. We need a privacy framework that gives consumers control over their own data. Companies across the board must be required to get express consent from their users prior to sharing their data. At the outset, consumers should be asked to respond to a simple statement that they do or do not want their personal data shared.

Facebook’s co-founder and chief executive Mark Zuckerberg told Congress under oath that by providing its users with greater and more transparent controls over the personal data they share and how it is used for targeted advertising, he insisted, Facebook could empower them to make their own call and decide how much privacy they were willing to put on the block. As he surely knows, providing a greater sense of control over their personal data won’t make Facebook users more cautious. It will instead encourage them to share more.

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.

Facebook handed over data, with no strings attached, to the man it now blames for the Cambridge Analytica scandal. That was the testimony Aleksandr Kogan — the data scientist behind the app that harvested information from 87 million Facebook accounts — gave to a committee of lawmakers in Britain on April 24.

[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:

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.

An advocacy group is suing the Federal Trade Commission (FTC) for records on Facebook’s privacy practices, arguing that there’s a “clear public interest” in learning details about the social media giant’s policies following revelations of a data scandal.  The Electronic Privacy Information Center (EPIC) filed a lawsuit under the Freedom of Information Act to push for the unredacted release of biennial privacy assessments that Facebook agreed to submit under a 2011 consent agreement with the FTC.

Aleksandr Kogan, the academic who was hired by Cambridge Analytica to harvest information from tens of millions of Facebook profiles, defended his role in the data collection, saying he was upfront about how the information would be used and that he “never heard a word” of objection from Facebook. Yet Kogan, 28, a psychology professor who has found himself cast as the villain by both Cambridge Analytica and Facebook, expressed regret for his role in the data mining, which took place in 2014. “Back then, we thought it was fine. Right now my opinion has really been changed,” he said.