The FTC isn't strong enough to be the only consumer protection cop policing online platforms, Commissioner Terrell McSweeny said Thursday, while blasting as unjustified Congress’ 2017 decision to repeal FCC broadband privacy rules. Speaking at a New America event, McSweeny said it’s “100 percent the right question to ask” how Cambridge Analytica could have allegedly abused private data of 87 million Facebook (see 1804050024) users in spite of a 2011 FTC consent decree that the social network agreed to following privacy concerns.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
An online sales tax case before the Supreme Court, South Dakota v. Wayfair (see 1803080066), has divided members of Congress and pitted online retailers against more than 40 states. Central to the case is whether online sellers can be required to collect the same sales taxes as local stores. The high court could decide whether to repeal 1992's Quill v. North Dakota decision, which established that sales tax laws were too complicated for retailers to know how much tax to collect unless they were physically present in the customer’s state. Oral argument will be April 17.
An active shooter was reported at YouTube headquarters in San Bruno, California, Tuesday evening Eastern time, and details were emerging. The San Bruno Police and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives tweeted that they responded to a shooting. “Please stay away from Cherry Ave & Bay Hill Drive,” San Bruno Police wrote. Google tweeted that it's "coordinating with authorities and will provide official information here from Google and YouTube as it becomes available.” YouTube employee Vadim Lavrusik tweeted: “Heard shots and saw people running while at my desk. Now barricaded inside a room with coworkers,” before tweeting that he safely evacuated. The closest emergency room to the YouTube campus wasn’t treating any gunshot victims, but it’s not a trauma center and such nearby facilities may have received patients, a spokesman for the Kaiser healthcare system told us. We couldn’t reach anyone immediately at area hospitals with trauma centers. Following its initial tweet, Google said: "We have advised those who are currently at the SBO office to continue to shelter in place until further notice."
The Supreme Court should dismiss U.S. v. Microsoft as moot because the Clarifying Lawful Overseas Use of Data Act answers questions about police access to data abroad, DOJ filed Friday (see 1802270052). With inclusion of the Cloud Act (see 1802140062) in the omnibus spending bill, Microsoft no longer has any basis to suggest a warrant is impermissibly extraterritorial, DOJ argued. The agency applied for a new warrant under the law, which a magistrate judge issued Friday. The government is now “unquestionably entitled” to require Microsoft to disclose foreign-stored data under the Stored Communications Act, DOJ argued.
Policymakers should collaborate internationally to develop universal IoT standards to address privacy and cybersecurity concerns, panelists said Friday at an event hosted by American University’s Internet Governance Lab. Open Internet of Things Certification Mark Coordinator Alexandra Deschamps-Sonsino’s organization is pushing for a global, consumer-facing certification program for internet-connected products. Sen. Ed Markey, D-Mass., and Rep. Ted Lieu, D-Calif., made a similar effort with the Cyber Shield Act (S-2020/HR-4163), which would establish a voluntary certification program to ensure internet-connected devices meet “industry-leading” standards on cyber and data security (see 1802150034).
Privacy groups, lawmakers and former employees are urging the Senate to swiftly fill the Privacy and Civil Liberties Oversight Board (PCLOB), a key intelligence advisory group that has been without quorum since January 2017.
Consumer Watchdog and other privacy groups said Facebook should end campaign contributions and “electioneering,” and hire an independent auditor to monitor the platform’s use of personal data in relation to election advertisements (see 1803270043). Facebook should be barred from election efforts, given the platform’s influence over the U.S. electorate, said Consumer Watchdog President Jamie Court during a conference call Wednesday. “This is all about stealing America,” Court said, accusing Facebook of allowing the personal data of 50 million Americans to improperly fall into the hands of Cambridge Analytica, which he described as electioneers.
A source at Facebook said Tuesday the company is in touch with lawmakers but wouldn't confirm that CEO Mark Zuckerberg agreed to testify before Congress, as reported by multiple outlets after the Cambridge Analytica controversy.
The FTC has opened a nonpublic investigation into potential privacy practice violations at Facebook, following allegations that Cambridge Analytica misused personal data of 50 million Americans for political purposes (see 1803200047), acting Director of the FTC Bureau of Consumer Protection Tom Pahl said Monday. Pahl said the FTC enforces against failures to comply with the Privacy Shield, the FTC Act and data security requirements, among other areas of consumer privacy concern. “The FTC takes very seriously recent press reports raising substantial concerns about the privacy practices of Facebook,” Pahl said. The National Association of Attorneys General on Monday sent a letter to Facebook CEO Mark Zuckerberg asking for answers about the company’s user privacy policies and practices. The group of 37 state and territory AGs also asked Zuckerberg how the company is making it easier for users to control their privacy. “These revelations raise many serious questions concerning Facebook’s policies and practices, and the processes in place to ensure they are followed,” the group wrote.
The Facebook-Cambridge Analytica scandal is further evidence that Congress needs to tighten scrutiny surrounding online political ads, Sens. Amy Klobuchar, D-Minn., and Mark Warner, D-Va., argued last week (see 1803220052).