Tag Archives: class action against Facebook

Facebook Denizens Unite! the right to privacy and big tech

The European Union’s (EU) approach to regulating the big tech companies draws on its members’ cultures tend to protect individual privacy. The other uses the eu’s legal powers to boost competition.  The first leads to the assertion that you have sovereignty over data about you: you should have the right to access them, amend them and determine who can use them. This is the essence of the General Data Protection Regulation (GDPR), whose principles are already being copied by many countries across the world. The next step is to allow interoperability between services, so that users can easily switch between providers, shifting to firms that offer better financial terms or treat customers more ethically. (Imagine if you could move all your friends and posts to Acebook, a firm with higher privacy standards than Facebook and which gave you a cut of its advertising revenues.)

Europe’s second principle is that firms cannot lock out competition. That means equal treatment for rivals who use their platforms. The EU has blocked Google from competing unfairly with shopping sites that appear in its search results or with rival browsers that use its Android operating system. A German proposal says that a dominant firm must share bulk, anonymised data with competitors, so that the economy can function properly instead of being ruled by a few data-hoarding giants. (For example, all transport firms should have access to Uber’s information about traffic patterns.) Germany has changed its laws to stop tech giants buying up scores of startups that might one day pose a threat.

Ms Vestager has explained, popular services like Facebook use their customers as part of the “production machinery”. …The logical step beyond limiting the accrual of data is demanding their disbursement. If tech companies are dominant by virtue of their data troves, competition authorities working with privacy regulators may feel justified in demanding they share those data, either with the people who generate them or with other companies in the market. That could whittle away a big chunk of what makes big tech so valuable, both because Europe is a large market, and because regulators elsewhere may see Europe’s actions as a model to copy. It could also open up new paths to innovation.

In recent decades, American antitrust policy has been dominated by free-marketeers of the so-called Chicago School, deeply sceptical of the government’s role in any but the most egregious cases. Dominant firms are frequently left unmolested in the belief they will soon lose their perch anyway…By contrast, “Europe is philosophically more sceptical of firms that have market power.” ..

Tech lobbyists in Brussels worry that Ms Vestager agrees with those who believe that their data empires make Google and its like natural monopolies, in that no one else can replicate Google’s knowledge of what users have searched for, or Amazon’s of what they have bought. She sent shivers through the business in January when she compared such companies to water and electricity utilities, which because of their irreproducible networks of pipes and power lines are stringently regulated….

The idea is for consumers to be able to move data about their Google searches, Amazon purchasing history or Uber rides to a rival service. So, for example, social-media users could post messages to Facebook from other platforms with approaches to privacy that they prefer…

Excerpts from Why Big Tech Should Fear Europe, Economist, Mar. 3, 2019; The Power of Privacy, Economist, Mar. 3, 2019

Your Biometric Data in Facebook

A federal judge has dismissed a class action lawsuit against Facebook after the California-based social media site claimed there was a lack of personal jurisdiction in Illinois.The plaintiff in the case, Fredrick William Gullen, filed the complaint alleging violations of the Illinois Biometric Information Privacy Act. Gullen is not a Facebook user, but he alleged that his image was uploaded to the site and that his biometric identifiers and biometric information was collected, stored and used by Facebook without his consent. The Illinois Biometric Information Privacy Act, implemented in 2008, regulates the collection, use, and storage of biometric identifiers and biometric information such as scans of face or hand geometry. The act specifically excludes photographs, demographic information, and physical descriptions….

In the Facebook case, no ruling has been made on whether the information on Facebook counts as biometric identifiers and biometric information under the Illinois Biometric Information Privacy Act. Instead, the judge agreed with Facebook that the case could not be tried in Illinois.

However, the company is currently facing a proposed class action in California relating to some of the same questions….How the California class action will play out remains to be seen. California does not yet have a clear policy on biometric privacy.A bill pending in the state’s legislature would extend the scope of the data security law to include biometric data as well as geophysical location, but it has not yet become law.  The question of privacy in regards to biometric information is one that has garnered increasing attention in recent months. On Feb. 4, 2016 the Biomterics Institute, an independent research and analysis organization, released revised guidelines comprising 16 privacy principles for companies that gather and use biometrics data.

Excerpts from Emma Gallimore, Federal judge boots Illinois biometrics class action against Facebook, Legal Newswire, Feb. 22, 2016, 12:15pm

See also the case (pdf)

It’s the Democracy, Stupid

Cambridge Analytica, the UK political consultancy at the centre of Facebook’s election manipulation scandal, ran the campaigns of President Uhuru Kenyatta in the 2013 and 2017 Kenyan elections, according to video secretly recorded and broadcast by Britain’s Channel 4 News.

The news channel said it mounted a “sting operation” in which it said had secretly recorded top Cambridge Analytica executives saying they could use bribes, former spies and Ukrainian sex workers to entrap politicians around the world.  The New York Times and the British Observer newspaper reported on Saturday that Cambridge Analytica had acquired private data harvested from more than 50 million Facebook users to support Donald Trump’s 2016 presidential election campaign. Cambridge Analytica and sister company SCL Elections, told Channel 4’s undercover investigative reporting team that his firm secretly stage-managed Kenyatta’s hotly contested campaigns to run the East African nation…

Turnbull of Cambridge Analytica said: “We have rebranded the entire party twice, written the manifesto, done research, analysis, messaging. I think we wrote all the speeches and we staged the whole thing – so just about every element of this candidate,” Turnbull said of his firm’s work for Kenyatta’s political party, known as the National Alliance until 2016, and subsequently as the Jubilee Party…

At a prior meeting, Turnbull of Cambridge Analytica told the reporters: “Our job is to really drop the bucket further down the well than anybody else to understand what are these really deep-seated fears, concerns. “It is no good fighting an election campaign on the facts, because actually it is all about emotion.”  Cambridge Analytica officials were recorded saying they have used a web of shell companies to disguise their activities in elections in Mexico, Malaysia and Brazil, among various countries where they have worked to sway election outcomes.

Excerpts from Cambridge Analytica stage-managed Kenyan president’s campaigns – UK TV, Reuters, Mar. 19, 2018