Back in 2011, the Federal Trade Commission alleged that Facebook deceived consumers by failing to keep its promises to protect user privacy. The two parties agreed to settle the charges through something called an “agreement containing consent order.” The Commission also signed a consent agreement with Google that same year. The FTC issued a final Decision and Consent Order regarding the Facebook allegations in 2012. (A consent order is an FTC enforcement tool that operates like a legal settlement.) Without admitting to the complaint’s counts, the parties involved signed a document that basically says, “we both agree to enter this agreement to resolve the allegations in the complaint, so now you have to do the following things, and if you fail to do any of them, the FTC is going to impose financial penalties.”
Today, Senator Wyden (D-OR) introduced the ACCESS to Recordings Act, which would extend federal copyright protection to pre-1972 sound recordings, and in doing so, harmonize them with their modern counterparts. Public Knowledge applauds Senator Wyden for acknowledging the injustices posed by the current system and fighting to rationalize our copyright law.
On April 17, the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on paid prioritization -- an issue that is central to the net neutrality debate. While most internet service providers (ISPs) have claimed that they have no plans to block or degrade traffic once the Federal Communications Commission's 2017 net neutrality repeal Order goes into effect (exactly when that will be remains TBD), commitments (or lack thereof) not to engage in paid prioritization have remained a moving target. These commitments are shifting with the political winds, and ISPs are including plenty of wiggle room to allow them to argue they haven’t misled consumers if they eventually choose to offer prioritization deals.
Facebook and Cambridge Analytica. By now we know the basic facts: Aleksandr Kogan, purporting to be a researcher, developed an authorized Facebook application. As was Facebook’s practice at the time, when users connected the app to their Facebook accounts, the app scooped up not only the users’ personal information, but also their friends’ personal information. In this manner, Dr. Kogan was able to amass information about 50 million Facebook users – even though only 270,000 individuals used the app. Dr. Kogan then, exceeding his authorized use of the data, funneled that information to Cambridge Analytica, a firm that purported to engage in “psychographics” to influence voters on behalf of the Trump campaign.