Online privacy

FCC Chairwoman Rosenworcel's Net Neutrality Remarks

Today, there is no expert agency ensuring that the internet is fast, open, and fair. Since the birth of the modern internet, the Federal Communications Commission had played that role. It makes sense. These are principles that have deep origins in communications law and history. After all, back in the era when communications meant telephony, every call went through, and your phone company could not cut off your call or edit the content of your conversation.

Privacy and Data Protection Framework

We believe that a comprehensive federal privacy and data security law is essential to hold institutions accountable, restore consumer trust, and protect our privacy. We have developed a set of core principles that should be included in any comprehensive data protection legislation. Under our framework, consumers would control their personal information, and corporations, non-profits, and political entities would be held to higher standards for when and how they collect, use, share, and protect our data.

A Vortex of Problems with Big Tech

In the last Weekly Digest, I presented a retrospective of a major policy story from 2018: The democratic harms of “Big Tech.” This week, a polar vortex accompanied a vortex of more privacy abuses from Big Tech, and further concerns about the very bigness of Big Tech.

2018: A Turning Point for "Big Tech"

Earlier this month we examined how partisan division at the Federal Communications Commission impedes progress towards closing the digital divide. Now, we review another big telecom policy story from 2018: the democratic harms of “Big Tech”. In 2018, we got a better, but more disturbing, understanding of the size and influence of large technology companies (Apple, Amazon, Facebook, Google, and Microsoft), and particularly how social media platforms affect our democratic discourse and elections.

Your Apps Know Where You Were Last Night, and They’re Not Keeping It Secret

At least 75 companies receive anonymous, precise location data from apps whose users enable location services to get local news and weather or other information. Several of those businesses claim to track up to 200 million mobile devices in the United States. The database reveals people’s travels in startling detail, accurate to within a few yards and in some cases updated more than 14,000 times a day. These companies sell, use or analyze the data to cater to advertisers, retail outlets and even hedge funds seeking insights into consumer behavior.

Can the FTC Protect Consumers in the Digital Age?

On Nov 27, the Senate Commerce Committee’s Subcommittee on Consumer Protection held an oversight hearing on the Federal Trade Commission. The hearing examined the FTC’s “priorities in promoting competition and consumer protection, the ongoing innovation hearings and how changes in technology impact the agency, and whether the FTC should have expanded authority with respect to privacy and data security.” In other words -- is the FTC doing a good enough job? And if not, what needs change?

Inclusion and Civic Engagement in Public Technology Building and Planning

Whether they are Wi-Fi kiosks, urban sensors, fiber networks, or built-from-scratch “smart” neighborhoods, new urban technology deployments are under the microscope. Despite the potential of these projects to drive innovation and economic growth, they are often met with mixed reception and a myriad of justifiable questions. Take the Quayside project in Toronto led by Sidewalk Labs.

Regulatory Oversight and Privacy Policy for an Open Internet Ecosystem

In my previous post, I highlighted four reasons why the U.S needs a unified policy framework for an open Internet ecosystem: 1) lack of competition/incentive and the ability to discriminate; 2) collection of and control over personal data; 3) lack of transparency; and 4) inadequacy of current laws and enforcement. Many of these problems can be addressed with targeted legislative and regulatory interventions.

The U.S. Needs a New Policy Framework for an Open Internet Ecosystem

[Analysis] In a new article for the Georgetown Law Technology Review, I seek to jumpstart a conversation about how to shape an Internet ecosystem that will serve the public interest. First, let me lay out the rationale for a new, unified policy framework for an open Internet: 1) Lack of Competition/Incentive and Ability to Discriminate, 2) Collection of and Control over Personal Data, 3) Lack of Transparency, and 4) Inadequacy of Current Laws and Enforcement.

Facebook apologies aren't enough. The whole Internet needs a privacy overhaul.

[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.

Is Facebook a 'Bug' in Our Democracy? Part 3

[Commentary] We are in a brave new world. Facebook and 'Big Tech' have contributed to the erosion of our democratic discourse. We need to have these new titans assume responsibilities on par to the influence they have over our information ecosystem. We need to address this bug in our democracy. Short-term policy solutions can help curb some of Facebook’s harmful effects, but the larger task before policymakers -- and all of us -- is to critically examine the long-term health of our democratic discourse.

Is Facebook a 'Bug' in Our Democracy? Part 2

[Commentary] Is it time to recognize that Facebook, and ‘Big Tech’ at large, may be a bug in our democracy? In Part 1, I examined how the Facebook-Cambridge Analytica story illustrates the harmful effects of “Surveillance Capitalism.” The erosion of our privacy is contributing to the declining health of our democratic discourse.  Moreover though, Facebook has facilitated the proliferation of hate speech, fake news, and international electoral interference.

U.S. Supreme Court wrestles with Microsoft data privacy fight

Supreme Court justices wrestled with Microsoft’s dispute with the US Justice Department over whether prosecutors can force technology companies to hand over data stored overseas, with some signaling support for the government and others urging Congress to pass a law to resolve the issue. Microsoft argues that laws have not caught up to modern computing infrastructure and it should not hand over data stored internationally. The Justice Department argues that refusing to turn over easily accessible data impedes criminal investigations.

Privacy & Data Protection Team Adds Technical Expertise & Cooperation

The Federal Communications Commission’s (FCC) Privacy and Data Protection Task Force in parallel with the Federal Trade Commission (FTC) and other federal and state agencies announced ongoing initiatives to strengthen law enforcement efforts through increased technical expertise and cooperation, including for privacy and data protection enforcement matters. Since establishing the intra-agency Task Force in June 2023, the FCC has:

Let’s not make the same mistakes with AI that we made with social media

Artificial intelligence, like social media, it has the potential to change the world in many ways, some favorable to democracy. But at the same time, it has the potential to do incredible damage to society. There is a lot we can learn about social media’s unregulated evolution over the past decade that directly applies to AI companies and technologies. These lessons can help us avoid making the same mistakes with AI that we did with social media. In particular, five fundamental attributes of social media have harmed society. AI also has those attributes:

House Passes Bill to Ban TikTok or Force Sale as Lobbyists Turn Attention to Senate

The House voted overwhelmingly to approve a bill on that would ban TikTok from operating in the US or force a sale, with lawmakers largely shrugging off a last-minute lobbying push by the Chinese-controlled service and setting the stage for a final showdown in the Senate, where lawmakers have been cooler on the legislation. The measure passed the House 352 to 65, with one member voting present, showing broad bipartisan support for cracking down on TikTok over national-security concerns. The popular short-video app has faced scrutiny over the way its algorithm works to select content for use

Commissioner Starks Letters to Amazon, Sears, Shein, Temu, and Walmart

Federal Communications Commissioner Geoffrey Starks sent letters to five online marketplaces to identify ways to stop the unlawful sale of insecure IoT devices that violate Federal Communications Commission (FCC) equipment authorization requirements. The letters raise concerns about recent reports indicating that these websites sold and continue to sell easily hacked video doorbells. “Consumers have embraced the internet of things to make their lives better to the point that a large majority of American homes now have at least one or two IoT devices.

Creating a Culture of Consent for Our Digital Future: A Conversation with Tawana Petty

I'm interested in shifting the culture around our relationship with online consent because I recognize how pervasive dominant narratives are. In this work, a lot of folks have shifted to a mindset of powerlessness. I've learned that the more you encourage people that we still have a voice in the matter, the more folks tend to push back against systems that are unjust. And it's not a given that your data is going to be extracted and weaponized against you. We still have opportunities to mount a resistance against systems that are harmful. To me, that's the general public.

FCC Chairwoman Rosenworcel: Stop Abusers from Misusing Connected Cars

Federal Communications Commission Chairwoman Jessica Rosenworcel called on the agency to help stop abusers from using connectivity tools in vehicles to harass and intimidate their partners. Her proposal would examine how the agency can use existing law to ensure car manufacturers and wireless service providers are taking steps to assist abuse victims and seek comment on additional steps the Commission can take to safeguard domestic violence survivors.

President Biden Issues Executive Order to Protect Americans’ Sensitive Personal Data

A new Biden Executive Order will protect Americans’ sensitive personal data from exploitation by countries of concern.

Will telephone companies be the railroad tycoons of the AI age?

During America's Gilded Age, a handful of scrappy entrepreneurs built the nation's railway system and in the process created huge piles of money by controlling shipping and travel lanes across the country. Today, as AI hype begins consuming everything in sight, some are hinting that mobile network operators—and their equipment vendors—may be sitting in a similar position thanks to the data they own. After all, AI models are only as good as the data they're trained on.

Employees prevented Musk from breaking federal Twitter order, FTC finds

After a divisive investigation into the “Twitter Files” that Republicans decried as “harassment,” the Federal Trade Commission has found no evidence that the social network violated the terms of a government order that placed sweeping restrictions on the company’s data security practices. “Longtime information security employees at Twitter intervened and implemented safeguards to mitigate the risks,” the FTC said.

When Eyes in the Sky Start Looking Right at You

For decades, privacy experts have been wary of snooping from space. Now, quite suddenly, a startup is building a new class of satellite whose cameras would do just that. “We’re acutely aware of the privacy implications,” said Topher Haddad, head of Albedo Space, the company making the new satellites. He claims the company is taking administrative steps to address a wide range of privacy concerns. Anyo

Federal Trade Commission’s Alvaro Bedoya says laws to keep teens off social media won’t work

As government officials increasingly scrutinize how digital platforms may harm kids, a growing number of states are proposing sweeping restrictions to limit their access to social media. But a top federal enforcer active on kids’ safety issues said that he opposes such limits, arguing they are unlikely to work and may run afoul of the Constitution. “Meet a teenager, they will find a way to get around that,” said Federal Trade Commissioner Alvaro Bedoya.