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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.

14 of 197 comments (clear)

  1. White people don't need.. by GeorgeMonroy · · Score: 3, Funny

    Soul Glow

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    1. Re:White people don't need.. by newcastlejon · · Score: 4, Funny

      They are not golden arches, they are golden arcs.

      You say potato, I say reformed potato starch with added hydrogenated fats and salt.

      Hmm, maybe I'm not remembering that quite right...

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      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  2. obvious violation is obvious by Pseudonymous+Powers · · Score: 4, Insightful

    "I defy you to tell me how the Facebook Kwik-N-Easy Discrimination Toolkit can be used to discriminate!"

  3. Should be no surprise by s.petry · · Score: 4, Insightful

    Facebook promotes censorship, it does not protect speech. In fact they have been reported by former employees of censorship. Just like Twitter and Google, they are in the bag as propagandists, not outlets for free speech.

    If you censor political opinions, why would you not allow other forms of censorship? It should be obvious that free speech is not a concern in one case, so would not be a concern in others. Oh, they may make phony claims that they care but that is simply to prevent people from abandoning the platform and finding/inventing other mediums.

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    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  4. No crime, just hurt feelings by packrat0x · · Score: 4, Insightful

    There is no violation of the law.

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    227-3517
  5. Uh by 110010001000 · · Score: 5, Insightful

    Uh, they aren't in violation of the law. If you actually read the law it doesn't prevent you from selective marketing. You just can't express preference in the advertisement itself. What a bunch of fucking morons.

  6. Re:Muh Rights by aardvarkjoe · · Score: 4, Insightful

    Do you have a constitutional right to be advertised to?

    And if so, is it a right that I can renounce?

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    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  7. Re:Not the same thing by Anonymous Coward · · Score: 5, Interesting

    We'll let the courts decide. As someone with an "affinity" for hispanics (who is shockingly also hispanic), I have definitely experienced discrimination in the rentals market. The fact that facebook and partners would be so bold as to not realize this is illegal and unethical is evidence they are practically begging to get sued.

  8. Re:Not the same thing by ShanghaiBill · · Score: 5, Informative

    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.

  9. Trying to weasel out by splitting hairs by golodh · · Score: 5, Informative
    @avandesande

    There is a big difference between having an ad that states there is a racial preference and targeting readers by race.

    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.

  10. Re:Muh Rights by networkBoy · · Score: 4, Insightful

    The fact is there is a law on the books about this topic and through the self service portal you can violate it.
    I'm not sure that's FB's fault. The advertiser is the one selecting the exclusions.
    There are other ad campaigns where this targeting is perfectly valid and legal. I think the expectation from FBs devs is that you are responsible for not doing something illegal with their service.

    Same issue:
    If I post hate content on FB and cause someone to kill themselves is FB blamed for it? no. I am. (rightly so).
    This advertising issue should be no different.

    -nB

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  11. Re:Muh Rights by Actually,+I+do+RTFA · · Score: 3, Insightful

    Do you have a constitutional right to be advertised to?

    You have a constitutional right to not be not advertised to because of your race/religion/gender/other protected status. It's strange, but readily obvious. Imagine a smart billboard that advertised available CEO jobs only to men, and only advertised maid/schoolteacher/cook positions to women. Can you not see how fundamentally messed up that is?

    Basically, you have a right, as always, not to look at advertising.

    Frankly, I hate targeted ads, and would be quite happy with a law against targeted advertising. If for no other reason than it eliminates like 95% of the well-funded efforts to violate my privacy.

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  12. Re:Muh Rights by TsuruchiBrian · · Score: 3, Interesting

    You have a constitutional right to not be not advertised to because of your race/religion/gender/other protected status.

    You definitely don't, because the constitution is a set of restrictions on what the government is allowed to do to its citizens.

    Also, even if it were, then Hollywood would be constantly violating the constitution by only offering roles to actors that matched the race/sex of that role. Is it messed up that the role of Martin Luther King Jr. was offered to David Oyelowo as opposed to Angelina Jolie, because of Mr. Oyelowo's race and gender?

    Frankly, I hate targeted ads, and would be quite happy with a law against targeted advertising. If for no other reason than it eliminates like 95% of the well-funded efforts to violate my privacy.

    Why not just make a law against advertising in general?

  13. Re:Muh Rights by Actually,+I+do+RTFA · · Score: 3, Insightful

    You definitely don't, because the constitution is a set of restrictions on what the government is allowed to do to its citizens.

    Sure, hence the government cannot discriminately advertise. In a related story, the government extended legal protection over advertisements with regards to jobs and housing.

    But, yeah, I probably should have made that clearer in the response to the original poster who mentioned constitutional rights. Kinda wasn't thinking about the stupid semanticpart when I could address the meat of the moral issue .

    Hollywood would be constantly violating [equal employment law] by only offering roles to actors that matched the race/sex of that role

    Well, you are allowed to discriminate if its relevant to your ability to perform the job. For instance, a handicapped person could not sue under the ADA for a construction job (assuming they were incapable of doing it.)

    Why not just make a law against advertising in general?

    Because that would be an unconstitutional abridgment of your right to free speech. Targeted advertising, by definition, involves my right to privacy.

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