Meta sues FTC, hoping to block ban on monetizing kids’ Facebook data

Meta sued the Federal Trade Commission yesterday in a lawsuit that challenges the FTC’s authority to impose new privacy obligations on the social media firm.

The complaint stems from the FTC’s May 2023 allegation that Meta-owned Facebook violated a 2020 privacy settlement and the Children’s Online Privacy Protection Act. The FTC proposed changes to the 2020 privacy order that would, among other things, prohibit Facebook from monetizing data it collects from users under 18.

Meta’s lawsuit against the FTC challenges what it calls “the structurally unconstitutional authority exercised by the FTC through its Commissioners in an administrative reopening proceeding against Meta.” It was filed against the FTC, Chair Lina Khan, and other commissioners in US District Court for the District of Columbia. Meta is seeking a preliminary injunction to stop the FTC proceeding pending resolution of the lawsuit.

Meta argues that in the FTC’s administrative proceedings, “the Commission has a dual role as prosecutor and judge in violation of the Due Process Clause.” Meta asked the court to “declare that certain fundamental aspects of the Commission’s structure violate the US Constitution, and that these violations render unlawful the FTC Proceeding against Meta.”

Meta says it should have a right to a trial by jury and that “Congress unconstitutionally has delegated to the FTC the power to assign disputes to administrative adjudication rather than litigating them before an Article III court.” The FTC should not be allowed to “unilaterally modify the terms” of the 2020 settlement, Meta said.

The FTC action “would dictate how and when Meta can design its products,” the lawsuit said.

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We the Exploited: The U.S. Government Buys and Sells Its Citizens for Profit and Power

Americans have become easy prey for hackers, scammers, snitches, spies, and con artists.

But don’t be fooled into thinking the government is protecting you.

To the contrary, the U.S. government is selling us (or rather, our data) to the highest bidders.

By the way, those highest bidders also include America’s political class and the politicians aspiring to get elected or re-elected. As the Los Angeles Times reports, “If you have been to a political rally, a town hall, or just fit a demographic a campaign is after, chances are good your movements are being tracked with unnerving accuracy by data vendors on the payroll of campaigns.”

Your phones, televisions and digital devices are selling you out to politicians who want your vote.

“Welcome to the new frontier of campaign tech — a loosely regulated world in which simply downloading a weather app or game, connecting to Wi-Fi at a coffee shop or powering up a home router can allow a data broker to monitor your movements with ease, then compile the location information and sell it to a political candidate who can use it to surround you with messages,” writes journalist Evan Halper.

In this way, “we the people” have been reduced to economic units to be bought, bartered and sold by all and sundry.

On a daily basis, Americans have been made to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to navigate an increasingly technologically-enabled world.

Those intimate details, in turn, have become the building blocks of massive databases accessed by the government and its corporate partners in crime, vulnerable to data breaches by hackers, cyberattacks and espionage.

For years now, and with little real oversight or restrictions, the government has been compiling massive databases comprised of all manner of sensitive information on the citizenry.

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Police Circumventing Warrant Requirements By Purchasing Data from Private Vendors

John Adams warned us that if we give government an inch, it will take a mile.

“The nature of the encroachment upon the American Constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour.”

We’ve seen this play out dramatically when it comes to the Fourth Amendment.

The courts have created all kinds of exceptions to the Fourth Amendment. But the government continues to push for more and look for ways to circumvent the restrictions on searches and seizures currently in place.

In the latest ploy to gobble up as much personal information as possible, state and federal law enforcement agencies have turned to buying information from private data miners. According to a report from LawFare Media, buyers of private data include the Department of Homeland Security, the Internal Revenue Service’s Criminal Investigations Division, the Defense Intelligence Agency, and police departments across the country.

If government agents collect the same data directly from cell phones or internet providers, they would have to get a warrant. However, government attorneys argue that purchasing data from private brokers does not violate the Fourth Amendment because once the data becomes “public,” the expectation of privacy disappears. Furthermore, most user agreements stipulate that third parties may collect data. Since customers agree to the TOS, government lawyers contend that they effectively give up their right to privacy.

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Debunking the Myth of “Anonymous” Data

Today, almost everything about our lives is digitally recorded and stored somewhere. Each credit card purchase, personal medical diagnosis, and preference about music and books is recorded and then used to predict what we like and dislike, and—ultimately—who we are.

This often happens without our knowledge or consent. Personal information that corporations collect from our online behaviors sells for astonishing profits and incentivizes online actors to collect as much as possible. Every mouse click and screen swipe can be tracked and then sold to ad-tech companies and the data brokers that service them.

In an attempt to justify this pervasive surveillance ecosystem, corporations often claim to de-identify our data. This supposedly removes all personal information (such as a person’s name) from the data point (such as the fact that an unnamed person bought a particular medicine at a particular time and place). Personal data can also be aggregated, whereby data about multiple people is combined with the intention of removing personal identifying information and thereby protecting user privacy.

Sometimes companies say our personal data is “anonymized,” implying a one-way ratched where it can never be dis-aggregated and re-identified. But this is not possible—anonymous data rarely stays this way. As Professor Matt Blaze, an expert in the field of cryptography and data privacy, succinctly summarized: “something that seems anonymous, more often than not, is not anonymous, even if it’s designed with the best intentions.”

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The World’s Largest Biometric Digital ID System, India’s Aadhaar, Just Suffered Its Biggest Ever Data Breach

In one fell swoop, roughly 10% of the global population appears to have had some of their most valuable personal identifiable information (PII) compromised. Yet Aadhaar continues to receive plaudits from Silicon Valley. 

An anonymous hacker claims to have breached the digital ID numbers, as well as other sensitive personal data, of around 815 million Indian citizens.

To put that number in perspective, it is more than 60% of the 1.3 billion Indian people enrolled in the government’s Aadhaar biometric digital identity program, and roughly 10% of the entire global population. Thanks to the breach — the largest single one in the country’s history, according to the Hindustan Times — the personal data of hundreds of millions of Indians are now up for grabs on the dark web, for as little as $80,000.

To register for an Aadhaar card, Indian residents have to provide basic demographic information, including name, date of birth, age, address and gender, as well as biometric information, including ten fingerprints, two eyeball scans and a facial photograph. Much of that data has apparently been compromised.

Media reports suggest that the source of the leak was the Covid-19 test data of the Indian Council of Medical Research (ICMR), which is linked to each individual’s Aadhaar number.

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Cars are collecting data on par with Big Tech, watchdog report finds

An internet and privacy watchdog has a warning: Your car is tracking you, and it’s collecting far more information than it needs just to get you where you’re going.

Mozilla, the nonprofit that develops the Firefox browser, released a report Wednesday detailing how the policies of more than two dozen car manufacturers allow for the collection, storage and sale of a wide range of sensitive information about auto owners.

Researchers behind the report said that cars now routinely collect data on par with tech companies, offer few details on how that data is stored and used, and don’t give drivers any meaningful way to opt out.

“Cars are a humongous privacy nightmare that nobody’s seemingly paying attention to,” said Jen Caltrider, who directs Privacy Not Included, a consumer privacy guide run by Mozilla. “And they’re getting away with it. It really needs to change because it’s only going to get worse as cars get more and more connected.”

Unlike Europe, the U.S has few meaningful regulations on how companies trade and store personal data. That’s led to a bustling industry of companies that buy and sell peope’s information, often without their knowledge.

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No Warrant, No Problem

In 1928, the late Supreme Court Justice Louis D. Brandeis characterized the values underlying the Fourth Amendment to the U.S. Constitution as embracing the uniquely American right, and the right most valued by civilized persons, which he called the right to be let alone. Today we call it the right to privacy. He also warned that the greatest dangers to privacy lurk in the slow and insidious encroachments upon it by zealots in the government.

Last week, the Biden administration’s director of National Intelligence caused me to recall Justice Brandeis’ warnings when she revealed that the 16 federal spying agencies that she nominally supervises have begun to do indirectly what the Constitution prohibits them from doing directly.

Since they cannot obtain search warrants from a judge to surveil targets without first demonstrating under oath probable cause of crime by the persons whose surveillance they seek, these zealots in the government are purchasing private data about every American adult from the corporations and entities to which we all have unwittingly surrendered it.

This constitutes computer hacking – and it is as criminal as if federal agents had directly broken into the computers of those about whom and from whom they desire personal data.

Can the government do indirectly what the Constitution prohibits it from doing directly? In a word: NO.

Here is the backstory.

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White House to partner with social media monitoring tool

The Biden administration is about to sign a contract with Dataminr – a licensing deal for the company’s product that is used in the monitoring of social media.

This is revealed in documents published by the Defense Information Systems Agency (DISA) which will buy 30 licenses to deploy Dataminr’s First Alert V2, designed for the public sector and the scouring of 200,000 online sources and data mining, then compiling real-time news alerts for the White House, and other clients.

Dataminr is a popular tool used by news desks and others that want to monitor the internet and it’s easy to see why it would be useful to the government. Portions of the press show an unfavorable attitude towards Dataminr because it was used by police in many cities, including New York and Los Angeles, to monitor the 2020 Black Lives Matter protests and riots.

US Defense Department’s non-civilian employees already use Dataminr’s services thanks to a 2021 contract signed with the Air Force.

DISA said in June it had no plans to directly or in another way “involve” Twitter as a subcontractor. In August, this agency that handles the White House communications said it needed a contract (with Dataminr) of its own because civilians it employs cannot utilize mass surveillance of social media through that Air Force deal.

New York-based Dataminr, which is also known for its work as one of Twitter’s official partners and bills itself as an AI company, has been awarded the contract but the details, such as its duration and the overall cost of licensing have not been announced.

Meanwhile, it is speculated that Dataminr was chosen by the US administration precisely for its association with Twitter, as DISA spelled it out in the document explaining the choice of the vendor by saying it must be a certified Twitter partner.

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Google Is Like ‘a Stranger Watching Your Child Through Their Bedroom Window’

By default, Google Chrome allows any and all tracker cookies to follow your every move online.

Google is without a doubt the largest and clearest monopoly on the planet. It dominates online searches and advertising, which in and of itself leads to automatic bias.

As noted by Google’s founders Sergey Brin and Lawrence Page in their 1998 paper, “The Anatomy of a Large-Scale Hypertextual Web Search Engine,”

“… [W]e expect that advertising funded search engines will be inherently biased towards the advertisers and away from the needs of consumers.”

Google has also infiltrated many other areas of our day-to-day lives, having acquired dozens of other companies you might not realize belong to Google or its parent company, Alphabet.

Among the most well-known are YouTube, the largest video platform on the web, and Android, one of the most popular operating systems worldwide.

Google also has significant influence over urban developmenthealth care and childhood education.

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