California Voters Pass California Privacy Rights Act

17 11 2020
EPIC
Nov. 5, 2020
California voters this week approved Proposition 24, the California Privacy Rights Act, with 56% of voters supporting the measure. EPIC previously published an analysis of Proposition 24, nothing that the measure “would make some important improvements to privacy protections for California residents, particularly through the establishment of a California Privacy Protection Agency.” In 2018, the State of California enacted the California Consumer Privacy Act of 2018 (“CCPA”), the first comprehensive consumer privacy law enacted in the United States. Proposition 24 significantly changes the CCPA. EPIC has also published a resource to help California residents exercise their rights under the CCPA.

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<https://epic.org/2020/11/california-voters-pass-califor.html>

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Facebook Integrates Instagram and Messenger

20 10 2020
EPIC
Oct. 1, 2020
Facebook has announced the integration of Facebook Messenger and Instagram. Early last year, Facebook had released plans to integrate WhatsApp, Messenger, and Instagram, breaking the promises Facebook made when it acquired WhatsApp. After yesterday’s announcement, Facebook declined to give a timeline for when WhatsApp integration would occur. In 2014, EPIC and the Center for Digital Democracy warned the FTC that Facebook incorporates user data from companies it acquires, and that WhatsApp users objected to the acquisition.

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TikTok Says Privacy ‘Will Remain a Priority’ in Oracle Deal, But Stops Short of EPIC’s Full Demands

20 10 2020
EPIC
Oct. 1, 2020
 
TikTok, responding to a recent letter from EPIC, said that user privacy “will remain a priority for TikTok” if and when a deal with Oracle is finalized—but stopped short of agreeing to EPIC’s full demands. Last month, after Oracle reached a tentative agreement to serve as TikTok’s U.S. partner and “independently process TikTok’s U.S. data,” EPIC sent letters to both companies warning them of their legal obligation to protect the privacy of TikTok users. The deal would pair one of the largest brokers of personal data with a social network of 800 million users, posing grave privacy and legal risks. Although TikTok responded that it was “committed to helping ensure that any transfer and processing of personal data . . . complies with applicable law” and the company’s privacy policies, TikTok did not agree to other EPIC demands, including a commitment not to merge user data with Oracle products.
 

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https://epic.org/2020/10/tiktok-says-privacy-will-remai.html

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Senate Republicans Introduce Weak “SAFE DATA Act”

21 09 2020
EPIC

Sept. 18. 2020
Senators Roger Wicker, John Thune, Marsha Blackburn, and Deb Fischer have introduced the “SAFE DATA Act,” which relies on the outdated notice-and-choice model that allows companies to diminish the rights of consumers and use personal data to benefit the company but not the individual. “Senator Wicker’s SAFE DATA Act allows companies to collect any personal data it pleases as long as it discloses it in its privacy policy,” said EPIC Policy Director Caitriona Fitzgerald. “And it prohibits states from adopting or enforcing any data privacy or data security laws.

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<https://epic.org/2020/09/senate-republicans-introduce-w.html>

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Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

15 09 2020

Proskauer Lex Blog: Media and Technology Blog

In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm OneAudience LLC. (Facebook, Inc. v. OneAudience LLC, No. 20-01461 (N.D. Cal. Complaint filed Feb. 27, 2020)). Facebook alleges that OneAudience harvested Facebook users’ profile data and device data in contravention of Facebook’s terms and developer policies. OneAudience purportedly gathered this data by paying app developers to bundle OneAudience’s software development kit (SDK) into their apps and then harvesting data for those users that logged into those apps via Facebook credentials.

Facebook users, including developers and page administrators, are required to assent to Facebook’s terms and various platform policies when a Facebook account is created. According to Facebook’s Complaint, . . .

In its Complaint, Facebook alleged that around September 2019, OneAudience offered to pay app developers to bundle its SDK into their apps. The SDK allegedly allowed OneAudience to collect data about users’ devices and their Facebook (and some other social media) accounts in instances where the user logged into the particular app using their Facebook credentials (e.g., the “Sign in with Facebook” option). The data included user names, email addresses, country, time zone, Facebook ID, and, in limited instances, gender, all of which were allegedly used by OneAudience for targeted marketing services. OneAudience also allegedly collected device data such as call logs, cell tower and other geolocation data, contacts, browser information, email, and information about installed apps.

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A new study finds potentially manipulative ads in apps for preschoolers

14 01 2019

Nov 11, 2018

Apps marketed to children 5 and younger deploy potentially manipulating tactics to deliver ads to children, raising questions about the ethics of child software design and consumer protection, according to a new study.

Researchers from the University of Michigan C.S. Mott Children’s Hospital looked at more than 100 apps, mostly from the Google Play Store, and found that nearly all of them had at least one type of ad, often interwoven into the apps’ activities and games. The apps, according to the researchers, used a variety of ways to deliver ads to children, including: using commercial characters, pop-up ads, in-app purchases and, in some cases, distracting ads, hidden ads or ads that were posed as gameplay items.

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https://gazette.com/business/study-finds-potentially-manipulative-ads-in-apps-for-preschoolers/article_dc050634-dd80-11e8-acf9-737d7a7433d9.html

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In Facebook Case, Ninth Circuit Ignores Privacy Risks of Visits to Healthcare Websites

13 01 2019

In a surprisingly brief opinion, the Ninth Circuit has upheld a decision to dismiss a privacy suit against Facebook concerning the collection of sensitive medical data. In Smith v. Facebook, users alleged that the company tracked their visits to healthcare websites, in violation of the websites’ explicit privacy policies. In a little less than five pages, the Ninth Circuit decided that Facebook was not bound by the promises made not to disclose users’ data to Facebook because Facebook has a provision, buried deep in its own policy, that allows Facebook to secretly collect such data. The court actually wrote that searches for medical information are not sensitive because the “data show only that Plaintiffs searched and viewed publicly available health information…”

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Locational Tracking on iOS and Android Devices: Check the Platform’s Rules!

13 01 2019

New Media Law and Technology Blog
By Jeffrey Neuburger on December 18, 2018

This post discusses some of the contractual requirements imposed by Apple and Google regarding the collection and sharing of locational information.  What consents, if any, do Apple and Google require that app publishers obtain before collecting and using locational information?

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Why cops won’t need a warrant to pull the data off your autonomous car

14 02 2018

 Ars Technica

– 2/3/2018

Lt. Saul Jaeger, who commands the traffic unit at the Mountain View Police Department, remembers the first time a few years ago when he was given a demo of Waymo’s self-driving cars.

Jaeger was not only interested from a professional point of view, but also as a citizen. After all, he lives in Mountain View near one of the Waymo facilities. He watched in awe as the engineers showed him the autonomous vehicle’s (AV) own view. This screen reduces everything to line drawings and other simplified sensory inputs.

“It’s incredible,” he told Ars. “It felt like The Matrix, when they flip the switch—it’s seeing everything, it’s seeing way more than you or I can—and it’s making decisions.”

Jaeger, a veteran of the department, said that as someone whose job requires that he “reconstruct” serious traffic accidents, he could only dream of a machine that captured as much as an AV does.

“I felt like I was in heaven,” he said. “It’s like instant replay in the NFL, I can tell what happened. The engineers looked at each other like, ‘Aw, crap.'”

Instantly, Jaeger realized that the promise of AVs to not only be safer for those inside the car, but it may also, potentially, be a way for law enforcement to collect data and information about everything else around it.

For now, law enforcement in one major hub of AV development and testing seems to have few clear ideas as to how they will integrate these vehicles into their traffic enforcement practices, much less their investigative process.

But AVs could soon become—absent a notable change in the law—a TiVo-on-the-ground. In other words, as auto manufacturers and tech companies race to take AVs mainstream, they may become a gold mine for law enforcement.

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Want to see all data Windows 10 sends Microsoft? There’s an app for that

4 02 2018

Ars Technica

1/24/2018, 11:41 AM

Following the publication last year of the data collected by Windows 10’s built-in telemetry and diagnostic tracking, Microsoft today announced that the next major Windows 10 update, due around March or April, will support a new app, the Windows Diagnostic Data Viewer, that will allow Windows users to browse and inspect the data that the system has collected.

Windows 10 has two settings for its data collection, “basic” and “full.” The documentation last year described all the data collected in the “basic” setting but only gave a broad outline of the kinds of things that the “full” setting collected. The new app will show users precisely what the full setting entails and a comparison with what would be sent with the basic setting.

The utility of the app will tend to vary depending on what data is being inspected. The presentation is low-level (Microsoft’s screenshots show JSON structured data using various magic numbers—numeric values that encode information but without any key to explain what information each number encodes), so straightforward reading and interpretation will remain limited.

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