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Facebook Lets Advertisers Exclude Users By Race (propublica.org)
schwit1 quotes a report from ProPublica: Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers. That's basically what Facebook is doing nowadays. The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls "Ethnic Affinities." Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment. You can view a screenshot of a housing advertisement that ProPublica's Julia Angwin and Terry Parris Jr. purchased from Facebook's self-service advertising portal here. The report adds: "The ad we purchased was targeted to Facebook members who were house hunting and excluded anyone with an "affinity" for African-American, Asian-American or Hispanic people. (Here's the ad itself.) The Fair Housing Act of 1968 makes it illegal "to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin." Violators can face tens of thousands of dollars in fines. The Civil Rights Act of 1964 also prohibits the "printing or publication of notices or advertisements indicating prohibited preference, limitation, specification or discrimination" in employment recruitment. Facebook's business model is based on allowing advertisers to target specific groups -- or, apparently to exclude specific groups -- using huge reams of personal data the company has collected about its users. Facebook's micro-targeting is particularly helpful for advertisers looking to reach niche audiences, such as swing-state voters concerned about climate change. Facebook says its policies prohibit advertisers from using the targeting options for discrimination, harassment, disparagement or predatory advertising practices.
There is no law saying you have to market housing equally to all races.
Careful. There is no law that says you have to take affirmative measures to ensure that your housing ads reach all races equally, BUT it is illegal to INTENTIONALLY skew housing ads to disproportionately target, or avoid targeting, specific races. More info here.
So would it be illegal for someone advertising an apartment for rent to use Facebook's service? Maybe. If they were using it to ensure they were reaching all races equally, that would likely be legal. Otherwise, likely illegal.
The same is true for ads for employment and credit. Other advertisers face no such restrictions.
No, not really. The only purpose and intended effect of this construct is to achieve racial discrimination in who sees these properties for rent. What you're doing is trying to construct an excuse based on an extremely narrow and literal interpretation of the law cited in the article.
I am not a lawyer, but I really doubt whether a court would let either the advertiser or Facebook get away with such an obvious ploy.
However if you insist on arguing you can wiggle out of it by splitting semantic hairs, you might want to take a look at this site, which explains a little about anti-discrimination laws: http://civilrights.findlaw.com...
Check out the third item from the top in the list of banned actions: "Making housing unavailable". I'd say that deliberately flagging advertisements to exclude blacks, asians, and hispanics (as Facebook is offering as a service here) can be construed as "making housing unavailable" to those groups.
It's interesting to see Facebook doing this because it provides an extremely clear example of just how pervasive racial discrimination still is in the US.