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Facebook Users Sue Over Alleged Racial Discrimination In Housing, Job Ads (arstechnica.com)

In response to a report from ProPublica alleging that Facebook gives advertisers the ability to exclude specific groups it calls "Ethnic Affinities," three Facebook users have filed a lawsuit against the company. They are accusing the social networking giant of violating the Federal Housing Act of 1964 over its alleged discriminatory policies. Ars Technica reports: ProPublica managed to post an ad placed in Facebook's housing categories that excluded anyone with an "affinity" for African-American, Asian-American, or Hispanic people. When the ProPublica reporters showed the ad to prominent civil rights lawyer John Relman, he described it as "horrifying" and "as blatant a violation of the federal Fair Housing Act as one can find." According to the proposed class-action lawsuit, by allowing such ads on its site, Facebook is in violation of the landmark civil rights legislation, which specifically prohibits housing advertisements to discriminate based on race, gender, color, religion, and other factors. "This lawsuit does not seek to end Facebook's Ad Platform, nor even to get rid of the "Exclude People" mechanism. There are legal, desirable uses for such functionalities. Plaintiffs seek to end only the illegal proscribed uses of these functions," the lawyers wrote in the civil complaint, which was filed last Friday. The proposed class, if approved by a federal judge in San Francisco, would include any Facebook user in the United States who has "not seen an employment- or housing-related advertisement on Facebook within the last two years because the ad's buyer used the Ad Platform's 'Exclude People' functionality to exclude the class member based on race, color, religion, sex, familial status, or national origin."

177 comments

  1. Don't single out Facebook by fustakrakich · · Score: 2
    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Don't single out Facebook by galabar · · Score: 2

      Uber can't force drivers (contractors) to accept fares. Otherwise, they'd be employees.

    2. Re:Don't single out Facebook by Anonymous Coward · · Score: 0

      That is not the same thing. It's about the racist average joe Uber driver, not the company. To be comparable, Uber drivers would have to be able to use the technology to automatically filter out people of certain races.

      Not only that, but it's only illegal for servings ads about housing, employment and finance. Driver's for hire do not provide any of those services.

    3. Re:Don't single out Facebook by ArmoredDragon · · Score: 4, Interesting

      Strange times we're in that some people are suing to be able to see advertisements, and people want to use the law to force businesses that hate them to take their money.

    4. Re:Don't single out Facebook by fustakrakich · · Score: 2

      It's not about forcing them to take their money. It's about 'forcing' them to provide their services to the public without discriminating. If the population was more balanced where one group doesn't comprise 85% this would not be an issue.

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Don't single out Facebook by stephanruby · · Score: 0

      Facebook supplies the racial affinity of a user to its advertisers, for the purpose of exclusion.

      On the other hand, Uber supplies the first name of a passenger to its self-employed drivers, for the purpose of picking them up.

      What do you want Uber to do? Assign a randomly generated nickname or password to each passenger. And even then, that wouldn't prevent an Uber driver from visually noticing that a passenger he/she is picking up is black and male.

    6. Re:Don't single out Facebook by fustakrakich · · Score: 1

      Assign a randomly generated nickname or password to each passenger.

      Not a bad idea. And it adds a bit of privacy for the user. The driver doesn't need to know the name.

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:Don't single out Facebook by Dutch+Gun · · Score: 3, Interesting

      It's not about forcing them to take their money.

      Don't kid yourself. Ultimately, this is all about money. From the filed lawsuit:

      Defendants’ conduct should be declared unlawful and enjoined, and appropriate penalties and monetary damages should be awarded.

      "Racism, I say! I demand compensation for the pain and anguish of not being shown appropriate advertising as the law requires!"

      How many zeroes do you think they'll be asking for to assuage their trauma?

      --
      Irony: Agile development has too much intertia to be abandoned now.
    8. Re:Don't single out Facebook by Anonymous Coward · · Score: 0

      That is not the same thing. It's about the racist average joe Uber driver, not the company. .

      get real, I'm not picking up a bunch of hoodlle looking guys at 1am in my own car as a uber driver, and you arn't either.

    9. Re:Don't single out Facebook by ArmoredDragon · · Score: 2

      It's about 'forcing' them to provide their services

      You do know that there's a word to describe this, right?

    10. Re:Don't single out Facebook by fustakrakich · · Score: 1

      :-) nice 'creative' editing there...

      Now, try finishing the rest of the sentence.

      --
      “He’s not deformed, he’s just drunk!”
    11. Re:Don't single out Facebook by stephanruby · · Score: 1

      Not a bad idea. And it adds a bit of privacy for the user.

      Only the first name is being transmitted to the driver, and the passenger can already change that first name to whatever they wish.

      That's enough privacy I think.

      The driver doesn't need to know the name.

      Knowing a first name does make pickups in front of crowded night clubs/bars easier.

      People who take Ubers are not always sober, nor always fluent in English, but at least they know their own first name.

    12. Re:Don't single out Facebook by Anonymous Coward · · Score: 0

      People who take Ubers are not always sober, nor always fluent in English, but at least they know their own first name.

      Funny story, I was once so far gone I had forgotten my first name is Anonymous!

    13. Re:Don't single out Facebook by RockDoctor · · Score: 1, Insightful

      They are employees, it's just that Uber don't want to admit it.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    14. Re:Don't single out Facebook by RockDoctor · · Score: 1

      What do you want Uber to do? Assign a randomly generated nickname or password to each passenger.

      Or even a user-provided nickname and/ or password?

      Hey, Slashdot let me choose my user name nearly 20 years ago (actually, shouldn't the 20th anniversary be coming up soon? Quick Wiki : "Launched October 5, 1997; "). From the increasing desperation of noob's user names, there is probably some effort to avoid close similarities with existing user names. If Slashdot can do it for nearly 20 years, it's probably not terribly difficult.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    15. Re:Don't single out Facebook by RockDoctor · · Score: 2

      People who take Ubers are not always sober, nor always fluent in English, but at least they know their own first name.

      Assuming that they have a first name. Not all cultures do.

      [Searches for link] Here it is : Falsehoods Programmers Believe About Names, from which several relate directly to your incorrect assumptions (note from the numbers how far down the list your assumptions are ; there are much more fundamental mistakes you can make, e.g. that people have names) :

      18. Peopleâ(TM)s names have an order to them. Picking any ordering scheme will automatically result in consistent ordering among all systems, as long as both use the same ordering scheme for the same name.
      19. Peopleâ(TM)s first names and last names are, by necessity, different.
      20. People have last names, family names, or anything else which is shared by folks recognized as their relatives.
      21. Peopleâ(TM)s names are globally unique.
      22. Peopleâ(TM)s names are almost globally unique.

      Also, to predict one of your likely objections,

      29. Confound your cultural relativism! People in my society, at least, agree on one commonly accepted standard for names.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    16. Re:Don't single out Facebook by RockDoctor · · Score: 1

      Damn. The guy obviously writes on a system with a different code page to either mine, Slashdot's, or both. And we all know how broken Slashdot's assumptions about it's users and their languages are. And just for Rei, here's a thorn : (AltGr+p)þ ; (character entity "& THORN ;" which should also be UNICODE 00DE) ; (character entity "& thorn ;" which should also be UNICODE 00FE) ; and there's one in my thumb too.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    17. Re:Don't single out Facebook by silentcoder · · Score: 1

      Yes ... because "I could not find a place to live at an affordable price because the ad company hid the offer from me" has NO impact whatsoever on anybody's life and is just an emotional annoyance right ?

      These laws exist for a reason - to ensure that people who can afford the rent can rent the house.

      Funny how you are applying the usual anti-millenial bullshit attack - against people complaining about violating a law passed by the greatest generation which was, at the time, mostly demanded by the then young boomers (who were all protesting student hippies then).

      --
      Unicode killed the ASCII-art *
    18. Re:Don't single out Facebook by fustakrakich · · Score: 1

      Regular ASCII is good enough for everybody. Don't rock the boat. Unicode is a virus

      --
      “He’s not deformed, he’s just drunk!”
    19. Re:Don't single out Facebook by cayenne8 · · Score: 1
      Well, by the logic being put forth here....should I be able to have litigation against me if I physically nail notices of house for sale around my neighborhood (which is predominately lighter in skin tone), and I don't at the same time, nail up notices of the same house for sale in the other neighborhoods around the city that are occupied by predominately darker skin tone folks?

      I mean, this is about the same thing here with Facebook.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    20. Re:Don't single out Facebook by Anonymous Coward · · Score: 0

      Strange times we're in that [...] people want to use the law to force businesses that hate them to take their money.

      It's been over 50 years since these "strange times" began. I think it's finally time to accept that the times are no longer strange, grandpa.

    21. Re:Don't single out Facebook by RockDoctor · · Score: 1

      Regular ASCII is good enough for everybody.

      Untrue. It might be good enough for your limited little life, but that's your deficiency, not my problem.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    22. Re:Don't single out Facebook by Bigjeff5 · · Score: 1

      Only if you also install a mechanism that covers the add whenever a minority walks up and tries to read it.

      You don't need to go out of your way to be sure minorities can see your advertisement, you just have to be sure you aren't specifically preventing them from seeing your advertisement. A public posting around a neighborhood (and pretty much any public notice of that nature) doesn't prevent anyone from coming up and looking at it, so it's totally fine.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    23. Re:Don't single out Facebook by Anonymous Coward · · Score: 0

      "Racism, I say! I demand compensation for the pain and anguish of not being shown appropriate advertising as the law requires!"

      How many zeroes do you think they'll be asking for to assuage their trauma?

      I am in a predominantly white country right now that is more racist to some other whites than blacks or asians. Go fucking figure.

    24. Re:Don't single out Facebook by fustakrakich · · Score: 1

      :-) Nobody wants your 'smart quotes' and emojis around here. Edit the unicode out before posting.

      --
      “He’s not deformed, he’s just drunk!”
    25. Re:Don't single out Facebook by ArmoredDragon · · Score: 1

      Seriously? .... Ok, let's do it that way:

      It's about 'forcing' them to provide their services to the public without discriminating.

      So in other words, slavery is ok so long as the slave doesn't discriminate against his master. Got it.

    26. Re:Don't single out Facebook by fustakrakich · · Score: 1

      :-) Still at it,eh?

      They are perfectly welcome to close their doors and not serve anybody

      Wanna try again?

      --
      “He’s not deformed, he’s just drunk!”
    27. Re:Don't single out Facebook by stephanruby · · Score: 1

      No, that's not the objection I was going for.

      It doesn't matter if there is an occasional name collision, or if someone left a blank field as their first name.

      My point was about convenience during pickups. The system doesn't need to be perfect.

      If the system takes an extra minute or two for finding a passenger once in a while, it's not the end of the world.

    28. Re:Don't single out Facebook by ArmoredDragon · · Score: 1

      :-) Still at it,eh?

      They are perfectly welcome to close their doors and not serve anybody

      Wanna try again?

      Except that's not what you said, you literally said to force them to provide a service. That's your own fault that you don't think before you open your mouth.

      However that's beside the point entirely, what I pointed out is how odd it is that somebody wants to pressure another person who hates them into taking their money, rather than simply boycotting them and taking their business elsewhere, which I think is not only a more reasonable choice, but is by far more inline with both people's constitutional right to life, liberty, and the pursuit.

    29. Re:Don't single out Facebook by fustakrakich · · Score: 1

      No, you read it wrong... That is not my fault... Eh, do what makes you comfortable.

      --
      “He’s not deformed, he’s just drunk!”
  2. Slashdot double standard by Anonymous Coward · · Score: 0

    Why is there such a double standard here?

    It's not okay to discriminate against Blacks, Arabs, Chinese, Whites, and many others. However, if you're an Indian H1B worker, expect to be relentlessly bashed here because you're from another country. Why is it okay to hate Indians but not others? There's quite a double standard here. It's time that the rampant discrimination against Indians stop.

    1. Re:Slashdot double standard by chipschap · · Score: 4, Insightful

      Why is it okay to hate Indians but not others?

      It is not okay to hate Indians, or to hate anyone, for that matter. It is not okay to bash without reason, to discriminate, or to fail to treat someone with respect.

      I distinguish this from the idea of protecting American jobs and wages, from preventing employers bringing in foreign nationals solely for the purpose of displacing higher paid American workers and depressing wages for those who remain. And those employers often don't treat the hired foreign nationals equally or with respect, either.

      Are you perhaps fighting the wrong battle here?

    2. Re:Slashdot double standard by Anonymous Coward · · Score: 2, Insightful

      Maybe because we're tired of you calling from "Windows" saying "Your computer are have virus".

    3. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      Because fuck you.

    4. Re:Slashdot double standard by Calydor · · Score: 3, Informative

      It seems to me you have misunderstood the bashing going on, or at least understood it differently from how I understand it.

      As far as I can tell, there are two kinds of bashing: The first is aimed at the companies laying off their workers and then hiring cheaper workers. Whether they're high-school drop outs, college grads, H1B workers, doesn't matter. It is the idea of getting rid of the workforce you HAVE so you can get someone CHEAPER that is bashed.

      The second is bashing at the general skill level of the H1B workers, or Indian outsources in general. This is backed up by evidence of companies that started on the outsourcing fad and had to pull things back to America to get the quality back up to what they wanted. Again it is not bashing the Indians, but the skill level of the specific subset of people getting into that line of work.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    5. Re:Slashdot double standard by iggymanz · · Score: 2

      oh, complaining about corporations H1B use is "racist"?

      complaining about the huge amount of scammers in India that buy blocks of cellphone numbers to appear as U.S. company or the IRS is "racist"?

      Complaining about Indian workers receiving outsourced jobs who then sell proprietary information and customer information is "racist"?

      How about the simpler explanation, that you have a chip on your shoulder

    6. Re:Slashdot double standard by Anonymous Coward · · Score: 0

      All those scams are run by Americans.

    7. Re:Slashdot double standard by 0ld_d0g · · Score: 0

      This is backed up by evidence of companies that started on the outsourcing fad and had to pull things back to America to get the quality back up to what they wanted. Again it is not bashing the Indians, but the skill level of the specific subset of people getting into that line of work.

      The plural of anecdote is not data.

    8. Re:Slashdot double standard by Anonymous Coward · · Score: 0
      How many of the same anecdote does it take to become data?

      I would think that as soon as it becomes general consensus it’s “data”.

    9. Re:Slashdot double standard by Anonymous Coward · · Score: 0

      The plural of anecdote is not data.

      No, it's valuable experience. A lot of us have been through it, some repeatedly. My company decided to contract to India to build a new CRM-style application for our call center. 18 months later, it still didn't work; not that it just needed polishing, I mean you couldn't even start the fucking JBoss instance because there were too many errors. We never did see the thing run, just mockups. The CTO eventually told them to fuck off, we hired 4 more developers inhouse, and got the entire project completed in 6 months alongside our other duties.

      Had we just hired *one* local developer at the conception of the project, and kept everything internal, we would have saved a year, several hundred thousand dollars in human fees, and whatever else was lost in productivity while we sat on our ass waiting for deliverables to be needfully done. The CxOs learned the hard way, and nowadays the word "India" is a curse in our office.

    10. Re:Slashdot double standard by Anonymous Coward · · Score: 0

      All those scams are run by Americans.

      If that is true, then they are traitors to their country and should be summarily executed.

    11. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      I don't hate Indians as a people at all. I am, however, very much opposed to people coming here to steal my livelyhood. There is simply no other reason for massive numbers of people from so far away who were not here recently to be here now.

      If you think for one minute that I should be welcoming of that please head back to Mumbai as soon as possible.

    12. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      You just proved his point.

    13. Re:Slashdot double standard by Anonymous Coward · · Score: 0

      I don't hate Indians. I don't even hate Indians that come to the US by whatever means. Hell, my second-in-command is an H1B I poached and paid nearly double while putting up a considerable amount of money to sponsor him for a green card.

      I do hate companies that pay 50th percentile then whine and scream and lobby the government over the fact that they're getting 50th percentile employees. "We can't find any top employees but we're not willing to pay more!"

    14. Re:Slashdot double standard by 0ld_d0g · · Score: 1

      Regardless of what you think or feel, it isn't "general consensus" till you demonstrate that it is.

    15. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      I agree, fuck these stupid H1B monkeys

    16. Re:Slashdot double standard by 0ld_d0g · · Score: 1

      No, it's valuable experience

      Actually, it isn't. Software developers are not interchangeable cogs in a machine. Each project has unique considerations, unique requirements, unique properties all of which makes it pretty much impossible to apply broad generalizations. What stage is the project in? How tightly defined are the requirements? How experienced are the people managing it? Have they ever managed a remote team before? How flexible is the design? Does it even make sense to use this technology? etc etc etc. Its typically "MBA style thinking" to lump us engineers into one giant bucket of nerds - which ironically leads to _more_ outsourcing because all they see is a cost center.

      The CTO eventually told them to fuck off, we hired 4 more developers inhouse, and got the entire project completed in 6 months alongside our other duties.

      Then it sounds like you guys are incompetent at evaluating whether a company is capable of servicing your needs.

    17. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      Why should american jobs be protected? Above all, why is this an issue only when nerds' jobs are at the stake? Shouldn't you neckbeards be "our bosses" now, hmmm?

    18. Re: Slashdot double standard by Anonymous Coward · · Score: 0

      You can oppose this as much as you like. You can cry your eyes out, pull your hair, stomp your feet, whatever. It won't make a difference: we made our calculations and found out you're simply not worth the expense. You can't fight globalisation.

    19. Re:Slashdot double standard by golden_hands · · Score: 1

      The plural of anecdote is not data.

      No, it's valuable experience. A lot of us have been through it, some repeatedly. My company decided to contract to India to build a new CRM-style application for our call center. 18 months later, it still didn't work; not that it just needed polishing, I mean you couldn't even start the fucking JBoss instance because there were too many errors. We never did see the thing run, just mockups. The CTO eventually told them to fuck off, we hired 4 more developers inhouse, and got the entire project completed in 6 months alongside our other duties.

      Had we just hired *one* local developer at the conception of the project, and kept everything internal, we would have saved a year, several hundred thousand dollars in human fees, and whatever else was lost in productivity while we sat on our ass waiting for deliverables to be needfully done. The CxOs learned the hard way, and nowadays the word "India" is a curse in our office.

      Well I have been on both sides of many such things. In many cases, the projects fail for very very predictable reasons: 1. Management always selects the lowest cost bidder. There is some kind of feeling that automagically the risk is transferred to the vendor who has been foolish enough to bid at the lowest cost. 2. Vendors are so keen to please the client that they forget the basics of how to avoid SNAFUs. The only question vendor's management permits their people on the ground is 'how high' when they are told by the client to jump. 3. Greedy vendors in turn put in quotes which would be very difficult to do at margins which are barely justifiable. Once the contract is one vendor's management look at increasing their margins and replace experienced and expensive people with many cheap, fresh graduates. 4. Projects themselves are started because of what somebody read in a newspaper or a vendor journal or similar outlet for the hype cycle of IT. There is no chance that it would ever succeed because of the business case is based on false premises. I could go on..But none of these are unique to India, you can experience them with any set of companies anywhere in the world. The only people who think these are unique would be people with limited world experience and an insular mindset.

    20. Re:Slashdot double standard by udachny · · Score: 0

      Do you ever switch your carrier on the grounds of cost? Are you or should you be bashed for that?

      Do you ever shop around for the least expensive place to buy the item you are looking to buy? Are you or should you be bashed for this?

      Employers are purchasing labour and bashing them for shopping around for cheaper labour is the same as bashing somebody for buying a TV on sale.

    21. Re:Slashdot double standard by Serge_Tomiko · · Score: 2

      Ridiculous. You hate people who hate Indians. Ergo, there are definitely situations where it is acceptable to hate.

      You are advocating for total nihilism.

      And the situation here is the same as it has always been. The vast majority of robberies of cab drivers are black men. The vast majority of cab drivers, including black men who are cab drivers, do not pick up black men because it is in their mind not worth the risk.

      The reason this particular issue never gets more traction is relatively few cab drivers are white these days, and since only white people can be racist, the issue blows up once people like you realize it is non-white people discriminating against black people.

      Really, the solution needs to be figuring out how to make black men less likely to commit crimes. How do you do that? I haven't got a clue. But no one is going to stop discriminating unless they are rich in lily white suburbs isolated from the realities of the world around them.

      You're not special. You're one of a hundred million internet keyboard warriors typing such drivel makes them a good person.

    22. Re:Slashdot double standard by Anonymous Coward · · Score: 0

      "OK" and "Legal" are two different things.

    23. Re:Slashdot double standard by Opportunist · · Score: 1

      Ask anyone who ever had to suffer from some big company's tech support whether they are ok with discriminating against Indians. I dare you.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    24. Re: Slashdot double standard by Marxist+Hacker+42 · · Score: 1

      Because if we don't protect American Jobs, American workers who have lost their job will break into your apartment and steal your stuff.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    25. Re:Slashdot double standard by Bigjeff5 · · Score: 1

      Ridiculous. You hate people who hate Indians. Ergo, there are definitely situations where it is acceptable to hate.

      I have no idea how you got that from "It's not ok to hate anybody". You know just because you don't hate one person doesn't mean you have to hate another person, right?

      You are advocating for total nihilism.

      Do you even know what that is? I don't think you do, because the OP said absolutely nothing that even relates to nihilism.

      And the situation here is the same as it has always been. The vast majority of robberies of cab drivers are black men. The vast majority of cab drivers, including black men who are cab drivers, do not pick up black men because it is in their mind not worth the risk.

      So? I have no idea if that is true, I have serious doubts considering I have black friends who don't complain about not being able to get cabs, and I know I personally have never been asked what race I was when I called a cab to come pick me up, but still, what does that have to do with hating anybody? Are you seriously saying black men hate black men?

      The reason this particular issue never gets more traction is relatively few cab drivers are white these days, and since only white people can be racist, the issue blows up once people like you realize it is non-white people discriminating against black people.

      Really, the solution needs to be figuring out how to make black men less likely to commit crimes. How do you do that? I haven't got a clue. But no one is going to stop discriminating unless they are rich in lily white suburbs isolated from the realities of the world around them.

      You're not special. You're one of a hundred million internet keyboard warriors typing such drivel makes them a good person.

      The racism in this particular paragraph is just astounding. I don't even know where to start. I think it pretty much speaks for itself.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  3. Bogus law outlawing Thought-crimes by mi · · Score: 4, Insightful

    The allegedly-violated itself obviously violates the First Amendment and is thus invalid.

    It is both unconstitutional, which should be enough in theory, and ineffective in practice — quite obviously, the interracial relations in this country continue to stink despite (or because of?) our having a half-Black President.

    Whatever it was we tried for over 50 years to achieve racial harmony, is not working. Let's stop sacrificing actual rights to it...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      That doesn't make any sense at all. Being able to push some ads to some races and not others has nothing to do with Freedom of Speech. It's only a freedom of speech issue if it is illegal to say certain things, which in this case it is not.

    2. Re:Bogus law outlawing Thought-crimes by galabar · · Score: 1

      It is made illegal to communicate your idea to the person you intend to communicate it with.

    3. Re:Bogus law outlawing Thought-crimes by mi · · Score: 2, Interesting

      It's only a freedom of speech issue if it is illegal to say certain things

      It is much more than that. The 1964 law cited by TFA is used to tell Facebook, what they can and can not say — and to whom. It obviously abridges Facebook's freedom of speech. If we were to accept the general idea, that government may dictate, who speech can addressed to, we would allow the government to suppress speech altogether: there-there, you can still talk to yourself in the shower — that takes care of your First Amendment rights — but you can't say this and that to anyone else...

      But, even by your standard, it is "illegal to say certain things" to some people, unless you also say the same things to others. Whether or not it is a manifestation of racism of Facebook and/or their advertisers, is irrelevant. Racists are no less protected by the Bill of Rights than the rest of us.

      The much celebrated "civil rights" laws of the 60-ies have failed. It is time, they go the way of the similarly failed Prohibition.

      --
      In Soviet Washington the swamp drains you.
    4. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      "obviously violates the First Amendment "

      The First Amendment, I don't think it means what you think it means. Your legal understanding needs some work, get back to us when you graduate high-school.

    5. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 1

      Bogus law outlawing Thought-crimes

      An action was taken that affected others. It's not a 'thought crime'.

      The allegedly-violated itself obviously violates the First Amendment and is thus invalid.

      Obviously?

      It is both unconstitutional, [...]

      Through the lens of the first amendment... any limitations on making death threats, committing slander, leaking intelligence to foreign governments, yelling fire in a theater, printing bootleg copies of movies and selling them, and perjury, are all obviously" unconstitutional too. And yet you probably support at least some of those.

      So is the first amendment is only the most important thing when it supports the thing you want to support?

      Whatever it was we tried for over 50 years to achieve racial harmony, is not working.

      History suggests race relations have largely improved over the last 50 years. So while we can agree there is lots wrong with the laws, and lots of problems still to solve, I don't think a blanket... 'its not working' is valid. Real progress has been made.

      Let's stop sacrificing actual rights to it..

      Would that be your right to be a racist and actively discriminate against other citizens?

    6. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      Nope, you can send your idea to any individual you want.

      What you can't do, is engage in commerce with a broadcaster to only communicate in certain ways to certain people.

    7. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      It is much more than that. The 1964 law cited by TFA is used to tell Facebook, what they can and can not say — and to whom.

      Yes, they can't say "We will sell you the capacity to commit an act in violation of this law" because well, likely that would be fraud, since they can't offer services that they cannot lawfully provide. 'Tis the way of things.

      It obviously abridges Facebook's freedom of speech. If we were to accept the general idea, that government may dictate, who speech can addressed to, we would allow the government to suppress speech altogether: there-there, you can still talk to yourself in the shower — that takes care of your First Amendment rights — but you can't say this and that to anyone else...

      your misbegotten premise then government can't tell us anything, because all things flow from freedom of speech, by your own inarticulate logic and reasoning.

      Fortunately for the rest of us, if unfortunate for wannabe anarchists like yourself, we don't.

      But, even by your standard, it is "illegal to say certain things" to some people, unless you also say the same things to others. Whether or not it is a manifestation of racism of Facebook and/or their advertisers, is irrelevant. Racists are no less protected by the Bill of Rights than the rest of us.

      Actually, they are less protected, due to such things as the 14th and 15 Amendments. Which as provisions of the Constitution, supersede all other existing ones, at the time of their enactment. And while one might quibble that Congress is not obligated to enforce the provisions of the law, they are certainly empowered to do so.

      Don't believe me? It's right there in the US Constitution. Don't like it? You'll have to live elsewhere then.

      The much celebrated "civil rights" laws of the 60-ies have failed.

      How have they failed? Do be specific.

      It is time, they go the way of the similarly failed Prohibition.

      The 21st Amendment then? The amendment that specifically and expressly allows the regulation of Alcohol?

    8. Re:Bogus law outlawing Thought-crimes by mi · · Score: 2

      An action was taken that affected others. It's not a 'thought crime'.

      What made the action illegal is the thought held by the "perpetrators". That makes it a thought-crime.

      limitations on making death threats

      Perhaps unlike "grabbing pussy", credible death threats are assaults.

      committing slander

      Slander has been a tort (not a crime) since well before the First Amendment was written. It was never in conflict with the Bill of Rights.

      leaking intelligence to foreign governments

      People gaining legitimate access to such intelligence voluntarily give up the right to this speech.

      yelling fire in a theater

      Should not be illegal either.

      printing bootleg copies of movies and selling them

      About half of Slashdot feels, this is a bogus prohibition too... More importantly, the concept of "intellectual property" has been with us since the Constitution was written, its authors still alive.

      perjury

      Speech under oath is different. And, like the above, it has been since before the First Amendment was passed — never seen as conflicting with it by the contemporaries.

      So is the first amendment is only the most important thing when it supports the thing you want to support?

      Contrary to your suspicions, I am not a racist. Let's keep the present company outside of the conversation.

      Would that be your right to be a racist and actively discriminate against other citizens?

      Yes, racists are no less entitled to the Constitutional protections than the rest of us — please, make sure to explicitly state, whether or not you agree with this, in any follow-up.

      --
      In Soviet Washington the swamp drains you.
    9. Re:Bogus law outlawing Thought-crimes by ooloorie · · Score: 3, Insightful

      What you can't do, is engage in commerce with a broadcaster to only communicate in certain ways to certain people.

      That's absurd. Of course, you can target your ads to certain groups. People have done that for a century. Minority groups are some of the biggest beneficiaries of this ability.

    10. Re:Bogus law outlawing Thought-crimes by sexconker · · Score: 2

      Through the lens of the first amendment... any limitations on making death threats, committing slander, leaking intelligence to foreign governments, yelling fire in a theater, printing bootleg copies of movies and selling them, and perjury, are all obviously" unconstitutional too. And yet you probably support at least some of those.

      No "lens" needed. It's written plainly and simply. Any limitations violate the first amendment and are unconstitutional.

      I don't support any restrictions on speech, including whatever strawman you want to prop up. The government cannot restrict speech. You can be held responsible and culpable for the direct results of your speech, however. If you can't see the distinction, you're a useful idiot.

    11. Re:Bogus law outlawing Thought-crimes by ooloorie · · Score: 2

      The much celebrated "civil rights" laws of the 60-ies have failed. It is time, they go the way of the similarly failed Prohibition.

      They haven't just failed, they have been counterproductive. The effect of these various laws has largely been to keep homophobes, racists, and sexists in business and to turn overt discrimination into hidden discrimination.

    12. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      If only we could return to the days of your when minorities and women knew their place.

    13. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      What you can't do, is engage in commerce with a broadcaster to only communicate in certain ways to certain people.

      That's absurd.

      You can think whatever you like about it, but you will find it's true.

      Ok, technically Facebook isn't a broadcaster, but I lack a more appropriate word. Feel free to suggest one.

       

    14. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 2

      What made the action illegal is the thought held by the "perpetrators". That makes it a thought-crime.

      That's a pretty unconventional definition of thought crime. Where did you come up with that? I can't even find any reference that supports that definition, even as a 2ndary use of the term.

      Your definition of 'thought crime' includes murder.

      credible death threats are assaults.

      Of course they are. What's your point? Didn't you make the argument that the first amendment trumps criminal law?

      Slander has been a tort (not a crime) since well before the First Amendment was written.

      Well duh. The first amendment was written to correct an oversight in the law before it was written. Hence... 'amendment'.

      Should not be illegal either.

      Its all fun and games until someone is trampled to death by a panicked mob.

      People gaining legitimate access to such intelligence voluntarily give up the right to this speech.

      1) What about the rest of the people? You don't need legimate access to intelligence to be a spy after all.
      2) So now you can just give up your inalienable constitutional rights to get a job?

      About half of Slashdot feels, this is a bogus prohibition too...

      I didn't expect everyone to agree with all of them, hence lots of examples.

      More importantly, the concept of "intellectual property" has been with us since the Constitution was written, its authors still alive.

      Ding, ding ding! Precisely! Why its almost as if the authors didn't actually think the first amendment mean you could say anything you wanted anytime you wanted. Their were a bunch of assumed exceptions to it before the ink was even dry... slander, assault, copyright, espionage, perjury...

      Speech under oath is different.

      In that it is somehow not speech? Or that it is different in that it is like slander, assault, copyright infringement, inciting a panic leading to death, and espionage, a whole laundry list of exceptions to free speech that most everyone not only accept but even mostly agrees with?

      Contrary to your suspicions, I am not a racist. Let's keep the present company outside of the conversation.

      Sure.

      Yes, racists are no less entitled to the Constitutional protections than the rest of us â" please, make sure to explicitly state, whether or not you agree with this, in any follow-up.

      I explicitly do think they are entitled to the constitutional protections.
      Where we seem to disagree is on what actions are actually constitutionally protected.

    15. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 1

      I don't support any restrictions on speech, including whatever strawman you want to prop up.

      Ok... this sounds like nutter talk.

      You can be held responsible and culpable for the direct results of your speech, however.

      Ah... ok; all speech is unrestricted but there can be consequences for what you say... that's reasonable then.

      If you can't see the distinction, you're a useful idiot.

      But it's a distinction without much difference in this case. What is the so-called 'direct result' of speech? All results of speech can be argued indirect. Unless the speech is literally so loud it damages your ears.

      Here the arguably direct result of selectively not showing advertising for housing to black people is "discrimination in advertising housing based on race". Which is against the law...

    16. Re:Bogus law outlawing Thought-crimes by yuhong · · Score: 1

      For employment, I am willing to compromise and limit anti-discrimination laws to manual labor and similar jobs for which they are originally designed for. Things like formal performance reviews was designed for jobs that was easily measurable.

    17. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      We have not reached racial harmony within the same racial groups let alone between all the races combined. When White-White, Black-Black, Asian-Asian, or Hispanic-Hispanic races achieve racial harmony then we can talk about mixing every race together and trying to achieve harmony.

      For individuals being a racist is not against the law. It is illegal when governments and companies are racist. If I want to sell my house I can specify which racial groups I am willing to sell to but that only makes me a racist not a criminal.

      And the US has made great strides in race relations but it is not perfect. Looking at all the racial strife today is clouding the issue.

      If you told someone living in the 1960's south that one day there would be a black President they would never believe it. There are economically disenfranchised racial groups in the country but the white majority also has more economically disenfranchised people then the rest of the minority races combined.

    18. Re:Bogus law outlawing Thought-crimes by mi · · Score: 2

      Why its almost as if the authors didn't actually think the first amendment mean you could say anything you wanted anytime you wanted.

      So, is anything protected by the Amendment, or is Congress really free to ban any speech it wants to — provided, some justification can be articulated?

      --
      In Soviet Washington the swamp drains you.
    19. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      Eh, it's pointless. They've already given the government the power to define words, and once the government had the authority to define porn as "not speech" the government also took the power to define advertising as "not speech", in more ways than this one (labelling laws, etc).

    20. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      So, is anything protected by the Amendment, or is Congress really free to ban any speech it wants to — provided, some justification can be articulated?

      Why don't you just ask the ACLU? It's kinda in their wheelhouse.

      You will, however, find them less than enthused about your suggestion.

    21. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 1

      So, is anything protected by the Amendment,

      Political speech mostly, and the expression of ideas are the most protected.

      Commercial speech (including commercial advertising) is some of the least protected. (Consider that its not just this anti-discrimination in advertising law, but also truth in advertising laws, labelling laws, trademark law, and so forth are all effectively a limitation on people from saying anything they want to sell a product... in that you can't say your snake oil contains unicorn tears, cures cancer, and then stick the J&J logo on it and declare the Potus uses it daily.

    22. Re:Bogus law outlawing Thought-crimes by AmiMoJo · · Score: 0

      Indeed, it's not the targeting per-se that is the issue, it's that it has been used to deliberately exclude non-whites. It's a lot like the case against Trump's real estate interests that tried to exclude minorities because they thought it would increase the value of the property and keep rents high.

      It's often quite hard to prove, but in this case it's likely that they will be able to find some incriminating emails or identify a pattern of behaviour that gives the game away.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    23. Re:Bogus law outlawing Thought-crimes by ooloorie · · Score: 1

      Indeed, it's not the targeting per-se that is the issue, it's that it has been used to deliberately exclude non-whites. [...] It's often quite hard to prove, but in this case it's likely that they will be able to find some incriminating emails or identify a pattern of behaviour that gives the game away.

      You obviously haven't read TFA and you are just confabulating. They weren't advertising anything or excluding anybody. This is an activist group that is complaining about the existence of ethnic ad targeting.

      It's a lot like the case against Trump's real estate interests that tried to exclude minorities because they thought it would increase the value of the property and keep rents high.

      Again, you are confabulating. There is no evidence that they "tried to exclude minorities" for any reason; the FHA suit was brought because there was a disproportionately small percentage of minorities in Trump's housing development.

      I also don't understand your compulsion to comment on US political matters; when it comes to racial discrimination, your own country is a cesspool: spend your energy on fixing that.

    24. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      I also don't understand your compulsion to comment on US political matters;

      Only to say that the US kind of lost that privilege when it started to interfere with everybody's business. Or what do you think Obama was doing in the UK campaigning for the Stay vote?

    25. Re:Bogus law outlawing Thought-crimes by mi · · Score: 1

      Political speech mostly, and the expression of ideas are the most protected.

      That's a very vague answer...

      The sad reality is, once you accept even a seemingly innocuous infringement — such as, for example, that famous example of yelling "fire" (or "gun!") in a crowd, you start down a very steep and slippery slope. For example, Trump is — according to millions of Americans — a very dangerous man to this country, his election promising to be a disaster far more dangerous than a handful of deaths in a panicked crowd of any theater. He is also a racist, is not he? Ergo, Trump's speech, however political, should be curtailed, his followers suppressed. (Wait for AC follow-ups here expressing agreement with this sentence.)

      If you think, this is an unlikely and asinine scenario, you haven't been paying attention. There are articles and educated opinions out there already proposing a ban on "hate speech" in general (such as on this, supposedly "Liberal" web-site) and on pro-Trump speech in particular... Other perfectly respectable countries ban "hate speech" already — even that of politicians.

      One should be extremely careful accepting new arguments for infringing more speech — and always seek to get rid of existing ones.

      you can't say your snake oil contains unicorn tears, cures cancer

      A Republic (and a Democracy) can survive such bogus claims being legal. They are a nuisance, but not a threat.

      --
      In Soviet Washington the swamp drains you.
    26. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 1

      such as, for example, that famous example of yelling "fire" (or "gun!") in a crowd, you start down a very steep and slippery slope.

      Pretty much everything is a continuum. It's not wrong to be concerned about the slippery slope from one side of the continuum to the other, and we should be constantly vigilant. That's basically me agree with what you wrote in bold.

      But everything is a slippery slope to something else. And more importantly every ideal conflicts with every other ideal so compromise is inevitable.

      A Republic (and a Democracy) can survive such bogus claims being legal. They are a nuisance, but not a threat.

      I disagree. A republic and a democracy can't abide them being legal. The people want freedom of speech, but they also want justice and they also want security, etc. A democracy strives to find the right balance.

      Absolute freedom is anarchy. Absolute security is slavery.

      No society will abide absolute unrestricted freedom of speech because that leads to egregious intolerable compromises of justice and security and our other ideals. We want perjury to be illegal, we want lawyers to be bound to keep their clients communications confidentatial.. etc. Because this serves the ideals of justice.

      The 'slippery slope' on the continuum of freedom of speech is due to the pressures exerted by the other ideals, at absolute freedom the other ideals exert immense pressure. Unlike a hill, you don't accelerate as you descend. As compromises are made the pressure eases off, and if you go too far people start pushing back towards freedom. (Frankly I'd say we've started to reach this point -- the level of support for Trump and acceptance of what he spews represents a push against how much freedom of speech we've given up.

      In any case, I think most people here would agree that the public's desire for security between recent events and manipulation has shifted the balance too far along that axis at the expense of both freedom and justice.

      But I'd argue the problem there is not a fundamental problem with the acceptance of the idea that a functioning democracy will find a balance. I'd argue that the underlying problem here is that a functioning democracy cannot survive the concentration of power and accretion of wealth into too few hands; because that subverts the natural balancing act and gives those people too much influence. I also question whether democracy can work when so many people are distracted by bread and circuses. Is that a cultural problem that can be overcome? Or are humans just generally too self-involved, and too easily distracted to care about governing themselves properly. But I think our best shot would be to prioritize education, welfare (basic income) so they'd maybe see through the partisan bullshit, and look with disdain at the bread and circuses (reality tv, cat videos, etc...) and have the luxury of time, and the requisite educatation to allow them to make thoughtful choices.

      Or maybe humans just aren't capable of effective self government yet.

    27. Re:Bogus law outlawing Thought-crimes by Bigjeff5 · · Score: 1

      Targeting is fine, and totally legal. Military discounts, elderly discounts, child discounts, etc. That's all fine.

      What's not fine are things like male discounts, white discounts, straight discounts, hispanic discounts, black discounts, see the difference?

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    28. Re:Bogus law outlawing Thought-crimes by Anonymous Coward · · Score: 0

      People engaging in thoughtful and considered dialogue is part of the problem to you?

      Huh.

      Good luck making an argument for any of it being wrong, you're not exactly good at such articulation.

    29. Re:Bogus law outlawing Thought-crimes by ooloorie · · Score: 1

      AC said "What you can't do, is engage in commerce with a broadcaster to only communicate in certain ways to certain people." I pointed out that you can, and I stand by that.

      You're shifting the goalposts now, talking about "discounts" and making up all sorts of unrelated crap. You're also equivocating with ambiguous terms like "what's not fine". You're a veritable treasure trove of logical fallacies and poor debating habits.

    30. Re:Bogus law outlawing Thought-crimes by mi · · Score: 1

      A republic and a democracy can't abide them [false advertising claims -mi] being legal.

      Why? It is not illegal to lie in most other circumstances, what's so especially damaging about false advertising? It is certainly annoying — and disgusting — but it poses no special threat...

      Back to my question a few posts ago — is the First Amendment (the free speech part) meaningful at all in your opinion? Or is Congress allowed, contrary to what the Amendment states, to make speech-limiting laws as long as some excuse for that can be found? Your waxing argument about inevitability of compromises seems to suggest, a popular law can limit various kinds of speech — we could as well not have the Bill of Rights...

      Or maybe humans just aren't capable of effective self government yet.

      Does this imply, we'd be better off governed by a) aliens; b) AI; c) humans more equal than the rest of us?

      --
      In Soviet Washington the swamp drains you.
    31. Re:Bogus law outlawing Thought-crimes by vux984 · · Score: 1

      Why? It is not illegal to lie in most other circumstances, what's so especially damaging about false advertising? It is certainly annoying â" and disgusting â" but it poses no special threat...

      Turn the question upside down. What is the "special benefit" to society of allowing false advertising? The overwhelming majority want it illegal isn't that pretty much by definition sufficient for it to be made so?

      Back to my question a few posts ago â" is the First Amendment (the free speech part) meaningful at all in your opinion? [...] Or is Congress allowed, contrary to what the Amendment states, to make speech-limiting laws as long as some excuse for that can be found?

      A 2/3rd majority in congress and the senate plus 38 state legislatures and they can just amend the constitution to allow them to make any adjustment they like.

      your waxing argument about inevitability of compromises seems to suggest, a popular law can limit various kinds of speech

      That or anything else really. The 18th coming and going nicely illustrates the fluidity possible. The idea that anything is somehow fixed in stone against sufficient popularity or unpopularity is demonstrably false.

      While the constitution is the master guiding principles for a nation; if the first got in the way of what the overwhelming majority wanted, it would be amended out of the way. The threshhold to make a change at that level is quite a bit higher than a regular law; but a sufficiently popular law is always passable.

      In any case, I think the "meaninfulness" of the first amendment is represented by the fact that these cases are routinely decided by the supreme court. Precedent is debated and set at the highest levels. Not having the first amendment would make it MUCH easier to abridge freedom of speech, and would make it a much lower bar. You called it a 'slippery slope'... the first amendment adds quite a bit of friction.

      Does this imply, we'd be better off governed by a) aliens; b) AI; c) humans more equal than the rest of us?

      It implies we're doomed to at least somewhat ineffective self-government for the foreseeable future. At any rate I'll take ineffective self government over abdicating the responsibility entirely.

    32. Re:Bogus law outlawing Thought-crimes by mi · · Score: 1

      What is the "special benefit" to society of allowing false advertising?

      Why should I "turn the question upside down"? Ours is a free country — what is not prohibited is allowed, not the other way around. For you to limit/ban an activity, you and/or other proponents of the ban have to present (good) reasons, not the other way around.

      When the activity is speech, no such bans are legal for as long as the First Amendment remains unamended.

      A 2/3rd majority in congress and the senate plus 38 state legislatures and they can just amend the constitution to allow them to make any adjustment they like.

      Absolutely! And that is, indeed, how Prohibition was passed — and then repealed. That would be acceptable, but our ruling class has found constitutional amendments to be too difficult/messy since then... (Indeed, some Presidents don't bother even with laws, relying on executive orders instead.)

      And so, that is not, how the laws you defend as not unconstitutional were passed — these are simply federal laws. Sometimes even less than that — regulations by the federal "agencies", themselves of dubious constitutionality.

      the "meaningfulness" of the first amendment is represented by the fact that these cases are routinely decided by the supreme court.

      No one wishes to go on record as "racist" — by defending the racists' rights to racist speech. That does not mean, the laws in question do not contradict the Constitution, just that no case has made it to the Supreme Court yet.

      You called it a 'slippery slope'... the first amendment adds quite a bit of friction.

      I gave you some examples of dangerous attacks on that friction. Sadly, college-students are at the forefronts of them — which means, in another 10 years, what you call "friction" is likely to become smooth/slippery (pick one depending on spin).

      I'll take ineffective self government over abdicating the responsibility entirely.

      Sure. Which brings us right back — efforts to fight racism via legislation have summarily failed to both a) bring about racial harmony; b) elevate the earlier-oppressed minority to observable equality.

      The laws against perjury, intellectual property theft, etc. may stand, because they can be said to have been grandfathered-in, when the Amendment was written. But any further infringements on the Freedom of Speech should be rejected with derision.

      --
      In Soviet Washington the swamp drains you.
  4. Canary in the coal mine by ScentCone · · Score: 1, Offtopic

    This sort of crap is exactly how we end up with (for example) the likely next president saying she wants to make gun manufacturers liable for the criminal use of their products. Issues like that sound like single-topic voter hot buttons, but they're not. The instinct to look for the nearest deep(er) pockets and blame the existence of a tool for how someone else uses it ... that's the sort of thing that this election is all about. Because this election is really about the Supreme Court.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Canary in the coal mine by ScentCone · · Score: 4, Interesting

      What are you even SAYING? I'm not laughing, I'm complaining. And it would be really entertaining if you would point out how my comment is bigoted.

      Let's see ... I'll give this a try.

      Let's say you're running a business that's selling hijabs to a primarily local ethnic minority in your town. You'd want to use FB's (or any ad syndicator's) tools to focus your advertising on an audience that's most likely to actually be interested your products. So, that would make you a racist fuckstick, according to you, right? No? I see.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Canary in the coal mine by fustakrakich · · Score: 1

      Because this election is really about the Supreme Court.

      Exactly what the democrats are saying to scare people into voting for Hillary. Funny how both sides use the same argument.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Canary in the coal mine by Anonymous Coward · · Score: 0

      Have you seen any of ScentCone's other posts? Just because someone believes in placing the blame for bad actions on people and not the objects they use does not make them pro-Trump Republicans.

    4. Re:Canary in the coal mine by ScentCone · · Score: 1

      So are you ACTUALLY so dim-witted that you can't understand that there's a use for demographically-tunable advertising, or are you just pretending to be? Pointing out a perfectly legitimate use for a tool (which I did) is intended to show you (ready?) that there are perfectly legitimate uses for the tool. If YOU decide to then use that tool for what's considered an illegal activity, why is it the tool maker's responsibility? Ads for housing are only a small part of advertising. Which you know. But you're pretending you don't understand, because you're a cheerleader for the oppressive nanny state and want more government power involved in every possible interaction between private parties. I'll be I know who you voted for.

      --
      Don't disappoint your bird dog. Go to the range.
  5. You knew this was coming by s.petry · · Score: 0

    Advertising looking for "favorable" traits can also be used to discriminate. Interestingly I have not seen any proof that discrimination occurred, but that the tagging system would allow such (obviously).

    The SJWs deserve much pain as they eat themselves.

    --

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

    1. Re:You knew this was coming by ooloorie · · Score: 1, Troll

      The law states you can't do this for certain kinds of advertisements, like housing, employment and some financial services. I hardly think it's "SJW"s only who feel that job advertisements shouldn't omit certain ethnicities.

      You aren't paying attention. ProPublica is complaining about ad targeting. Translated into the real world, that means that if you place an ad in the East Hampton Star, you also need to place it on Black Entertainment Network. That's obviously ridiculous. Advertisers frequently target specific demographics. The law only requires that the ads themselves don't discriminate (and even that is more political posturing than effective public policy).

    2. Re:You knew this was coming by Anonymous Coward · · Score: 0

      I think you're right.

    3. Re:You knew this was coming by Anonymous Coward · · Score: 0

      Except that if they want to see the ads, they can buy themselves a copy of the East Hampton Star, or tune in to the Black Entertainment Network, and nobody is going to stop them. Not so much with facebook.

    4. Re:You knew this was coming by Anonymous Coward · · Score: 0

      Nobody is stopping them from creating a separate facebook account either.

  6. users by c · · Score: 2

    three Facebook users have filed a lawsuit against the company

    A bunch of lawyers found three Facebook users who'd agree to have their names thrown onto a lawsuit so they could cash in on some of that big class-action legal fee action.

    As usual, the winners will be the lawyers.

    --
    Log in or piss off.
    1. Re:users by Anonymous Coward · · Score: 0

      Except they are not users. Users are the enterprises that buy data about them. They are *products*.

  7. It's not a perfect world by Anonymous Coward · · Score: 0

    You know it's not a perfect world and never will be.

  8. Who else will be charged? by Anonymous Coward · · Score: 0

    Will the group placing the discriminatory ad be charged for violating the laws against discrimination?

  9. Starting to not give a shit by Tyr07 · · Score: 3, Insightful

    I'm just starting to not care. You know, the rest of us, what ever color our skin is, background is, we're getting sick and tired of it.

    Most of us are normal decent people regardless of skin color in Canada. Some people are assholes but they're not the many. We're all, tired, of your retarded, self centered, racist bullshit agenda. We're tired of hearing, we're tired of your retardedness, it's like as soon as people can stop being racist some corporate or government agency panicks and points out more racist shit like they're afraid people will get over it and start ignoring the little shits that still keep doing this shit.

    There's eyes wide open posts that don't want 'white people due to cultural differences of people of color'. Seriously, if you're not white, it's okay because you're looking for like minded individuals and filters by skin color apparently makes that easier, but the other way around and it's fucking international news over a god damn housing ad.

    Tell you what, you go fix the rest of the fucking world first, where tons of racist bigots exist in the largest populations, then come and deal with the 400 million people in north america. Go fix the 8 billion people populating the rest of the world first.

    If I see that garbage I'll deal with it on the community level, where it matters, but this sensationalism distraction 15 minutes of fame internation super racism profile agenda garbage is sickening.

    1. Re: Starting to not give a shit by Anonymous Coward · · Score: 0

      My son is retarded you fuck. If I knew who you were I would sue you for everything you have.

    2. Re: Starting to not give a shit by Anonymous Coward · · Score: 0

      Dude, you're making fun of retarded kids. Hope that guy gets to sue you. Now we know your true colors.

    3. Re: Starting to not give a shit by Anonymous Coward · · Score: 0

      And the 1st amendment-hating liberals are the first to show their true colors when it comes to the freedoms the country presents.

      You don't deserve the protections of the constitution if you are not willing to uphold them for others. Don't like it? GTFO of the country. Maybe Iran will take you.

    4. Re:Starting to not give a shit by Anonymous Coward · · Score: 1

      Speaking of Canada, you might find this interesting. At my kid's high school, they are collecting used winter jackets specifically for Native families. Doesn't that sound discriminating against every non-Native in Canada? If they were collecting winter jackets for white families only you just know there would be a stink. Really, it should be a collection for poor families, as poverty is colour blind.

    5. Re:Starting to not give a shit by swb · · Score: 2

      Fighting racism is a kind of magical machine that produces political power and moral righteousness as outputs. The people that benefit from it I think actually fear the end of racism because it will reduce their political power.

      I think what's left at this stage isn't racial animosity but cultural animosity. It's not about skin color, it's about an amalgamation of cultural values that people object to. This would seem to explain things like anti-Islamic attitudes, where race is often quite ambiguous, or the near total evaporation of anti-Chinese racism as Chinese and other Asians have nearly completely integrated into mainstream culture.

      What blacks seem to complain about anymore isn't skin discrimination, but cultural discrimination, and while there seems to be an inherent moral turpitude to discrimination on race, I don't know that cultural discrimination has that. I don't know that you can make people accept a culture in conflict with their own values.

    6. Re:Starting to not give a shit by Clsid · · Score: 1

      The sensationalism surrounding these cases are indeed something to worry. It's almost like somebody is out there making sure the racial divide is preserved. But on the other hand, racism is a very real thing that you have to deal with if you are a non-white. Probably you do not think it is an issue because it has not happened to to you. Sure you can just let it go and look the other way, but when it comes to important stuff like housing, it is important to have these laws in place.

      I think the greatest Obama achievement is that here is this black president, and lo and behold, he turned out to be just another guy. That smashes a lot of the stereotypes right there.

      But at the end of the day, remember that governments should always strive for redistribution of wealth, protection of minorites, etc. And minorities being women, LGBTs, Asians, Hispanics, Blacks, you name it.

    7. Re:Starting to not give a shit by Tyr07 · · Score: 1

      Sure racism is real, but you're following the typical ignorant self centered non white agenda that white people don't get discriminated against.

      It happens to regular folk, I've had slurs thrown at me from other 'non-white' folks over my whiteness. I think it's an issue, but I don't believe by being a racist bigot you're going to stop other people from being a racist bigot.

      Children aren't born racist bigots, racism is taught. The more you treat regular non-bigoted people as the scum of the earth and call them bigots, you're going to promote more racism. E.G Stay away from X race because they'll treat me like shit and say I'm a racist bigot if I don't 100% agree with everything they say. Congratulations, more racism is born.

      It's like everyone looked at bill gates and saw a white dude with a ton of money so clearly every white dude is living the life and it's not balanced.

      Did you know that more white people are killed by police than black people? No of course not, that doesn't fit the self interested group agenda.
      Eyes wide shut.

      Did you know that BLM is against body cams on police? That's odd, because complaints against police and behavior dramatically improved for forces using body cameras.

      Racism is real, but what you're seeing in the news is special interest group agenda grab for powers. If the average human being in the US is a decent person regardless of race, then 50% of them are less decent than that, stop pretending like your skin color makes what you say not racist or otherwise.

      Tired of seeing kill all whites. Sure there are racist people, but fuck, did all of Canada, Sweden, Russia etc all discriminate against you? No it's not possible, so if you're branding all white people in anyway, you're being a racist bigot. Stop being a racist bigot you racist bigots.

  10. ProPublica advertised an event, not housing. by Anonymous Coward · · Score: 2, Insightful

    https://www.propublica.org/documents/item/3191165-Facebook-Propublica-Ad.html

    The event was about fighting back if rent is illegally high. They targeted the event at a certain demographic.

    I don't know how this becomes "Facebook practices housing discrimination". I don't use or care for Facebook, but this might just be a problem with their advertising system.

    I'm not even sure if Propublica would be on the hook if they did make actual housing ads. Facebook is just the platform while Propublica is the one doing the discriminating.

    1. Re:ProPublica advertised an event, not housing. by Anonymous Coward · · Score: 0

      I don't use or care for Facebook, but this might just be a problem with their advertising system.

      That's the whole point - the problem with their advertising system is that it facilitates the publication of unlawful advertisements. However, that doesn't necessarily make Facebook culpable as it's not clear they "cause[d the ad] to be made, printed, or published." Removing the racial targeting options from ads related to housing and employment should be an easy fix, if they haven't fixed it already, and I agree with you that it isn't really worth a lawsuit.

  11. Its Not Discriminatory by Anonymous Coward · · Score: 1

    This is not discrimination... that's like saying that subway is discriminating against aliens because they don't advertise on the moon... the whole concept of targeted ads is not discriminator.. its targeted! If by some chance a black person sees one of these housing ads its not like they will be stopped from buying a house.

    1. Re:Its Not Discriminatory by vux984 · · Score: 2

      the whole concept of targeted ads is not discriminator.

      The whole concept of targeted ads is discriminatory. Targeting is practically a synonym for discriminating. Most discrimination or targetting isn't illegal though, but discriminating on race generally is.

      So targeting people who like hockey by advertising during a hockey game instead of an NBA is legal. As is telling facebook to show the ad only to people who 'liked' hockey.

      But telling facebook to only show an ad to white people ? That's probably going to end up being found not legal.

      If by some chance a black person sees one of these housing ads its not like they will be stopped from buying a house.

      Where is this part of your argument going ? That as long as a black person has a theoretical chance to buy a house the ad isn't illegal? How far are you willing to go with that? Can i put out an ad that says 'move here to a nice white neighborhood with no lazy loser black people' and 'we don't want any blacks' is that ok too? I mean... if by some chance a black person sees it , it's not like the ad itself stops them from buying a house.

  12. Facebook is doing them a favour by castus · · Score: 3, Interesting

    The proposed class, if approved by a federal judge in San Francisco, would include any Facebook user in the United States who has "not seen an employment- or housing-related advertisement on Facebook within the last two years because...

    This has to be the first time in history someone has been wronged by not being shown an ad

    1. Re:Facebook is doing them a favour by AmiMoJo · · Score: 1

      It's happened before, e.g. when real estate agents neglect to show some people certain properties because they want to keep them racially segregated.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  13. Another sham class action by laughingskeptic · · Score: 2

    This is just as ridiculous as suing a wrench manufacturer because a few people may have used wrenches to commit crimes. I am a landlord and I know that you can't discriminate in housing. Any employer should also know. Why should Facebook have any liability for this sort of misuse of their system? Seems more appropriate for the Justice department to file a warrant with Facebook and go after every business (if any) that committed these (highly traceable) crimes. This reeks of an inventive attempt by attorneys williammost@gmail.com, jrf@atalawgroup.com and smkh@atalawgroup.com to generate a large class that will make the attorneys megabucks and the plaintiffs nothing.

    1. Re:Another sham class action by Adambomb · · Score: 2

      Exactly this. It seems more like a violation by the advertisers to make use of available options that are illegal in their specific cases when they should know damn well it is illegal for them to do so. Facebook providing the options in and of itself isn't what is at fault here as there are definitely certain products and services that appeal more to certain demographic.

      Also given that there will be very easily associated keywords it should be very easy to provide the courts with advertisers for housing and lending who made use of these options.

      --
      Ice Cream has no bones.
    2. Re:Another sham class action by Anonymous Coward · · Score: 0

      This is just as ridiculous as suing a wrench manufacturer because a few people may have used wrenches to commit crimes. I am a landlord and I know that you can't discriminate in housing. Any employer should also know. Why should Facebook have any liability for this sort of misuse of their system?

      Because Facebook is a conscious entity capable of making deliberate decisions.

      This is like suing a company because they were happy to make a product that they knew would be used to counterfeit currency.

    3. Re:Another sham class action by thegarbz · · Score: 1

      It's about as funny as the Nvidia tying G-Force experience to a mandatory user account, and then in the thread of complaints seeing people saying they are getting legal advice about this. Like wtf America.

    4. Re:Another sham class action by Bigjeff5 · · Score: 1

      Because Facebook is the one that actually did the restricting of who could and couldn't see the ads, and so are complicit.

      Think of it like going to an ad agency and saying "Hey, I want to put this ad up for this place I'm renting, but I don't want brown people to see it."

      The ad agency would tell you to go pound sand, because they'd be complicit in violating the law if they ran an ad campaign like that.

      Facebook is the ad agency here, and they failed to tell the racist to go pound sand.

      It's very similar to the way YouTube is held liable if they don't respond to DMCA take-down notices. They are facilitating the content, and so are held liable for the offense if they don't respond in a timely manner.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  14. Re: SJW Fratricide by Anonymous Coward · · Score: 0

    I have no idea about Facebook.

    But this bashing of social justice warriors has some merit. I tried quoting from Mel Brooks' Blazing Saddles and the Salshdot "lamesness" filter kicked in.

    And when you see that movie on lame TV, all the offensive language is edited out along with the farting - why the farting is edited out baffles me.

    Without the words - and they are only words - the offends some people, the movie loses all meaning - it's intent was show bigots and racists as morons. So, by editing out the "bad" language, the SJWs make racism and bigotry acceptably funny - the complete opposite of Brooks' intent and what the SJWs want this World to be.

    IOWs, the SJWs are making asses of themselves and supporting the very people they despise.

  15. Isn't this kind of entrapmentish by Anonymous Coward · · Score: 0

    ProPublica posts a racist ad that violates the Federal Housing Act of 1964 on Facebook
    ProPublica publishes a report about how Facebook is racist.
    ProPublica approaches a lawyer with their own ad who says "OMG this is horrible"
    Manufactured damages ensue, quite literally.

    1. Re:Isn't this kind of entrapmentish by Motherfucking+Shit · · Score: 1

      ProPublica's ad didn't violate the Fair Housing Act; they advertised for a public speaking event, not for housing.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    2. Re:Isn't this kind of entrapmentish by Anonymous Coward · · Score: 0

      If the ad is for a public speaking event, then how is that a violation of the Fair Housing Act?

      Sorry, but I agree with the OP. ProPublica FABRICATED the case,

  16. note: no actual discrimination by ooloorie · · Score: 5, Insightful

    ProPublica managed to post an ad placed in Facebook's housing categories that excluded anyone with an "affinity" for African-American, Asian-American, or Hispanic people.

    Note that ProPublica posted the racist ad themselves, and there was no actual discrimination.

    Furthermore, this is about ad targeting by demographics, not housing discrimination; you know, like you don't want to target Hip Hop events to Norwegian bachelor farmers, or gay pride events to Black protestant church goers. And if ad targeting is discriminatory for a specific product, then it's the advertiser, not the publisher, that's at fault.

    1. Re:note: no actual discrimination by Anonymous Coward · · Score: 1

      Exactly... This is about as racist as Redfin or Zillow choosing to advertise during Big Bang Theory on CBS, but not some other show on BET.

    2. Re:note: no actual discrimination by Anonymous Coward · · Score: 2, Insightful

      I don't know what you mean by actual discrimination. Here is what the law says:
      "Section 804(c) of the Fair Housing Act, 42 U.S.C. 3604(c), as amended, makes it unlawful 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 because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. "

      "Any preference" is pretty clear to me as well as "publish".
      Facebook's problem is they can't just push this off onto ProPublisha because Facebook monitors postings for objectionable content. Accepting an illegal posting in itself illegal. Newspapers have the same problem once they sell an ad they are responsible if the ad is illegal not only for housing but for threats and extortions.

    3. Re:note: no actual discrimination by ooloorie · · Score: 3, Interesting

      Facebook's problem is they can't just push this off onto ProPublisha because Facebook monitors postings for objectionable content.

      This isn't about illegal content, it's about ad targeting. Ad targeting isn't prohibited by law: read what you quoted.

      Accepting an illegal posting in itself illegal. Newspapers have the same problem once they sell an ad they are responsible if the ad is illegal not only for housing but for threats and extortions.

      It's not that simple. Newspapers are potentially liable when they have real estate sections and when they knowingly accept discriminatory ads. Since Facebook advertising is automatic and there is no separate real estate section, their situation is different. Facebook's liability is likely the same as for any other content: they need to remove it once they know about it. But, again, that doesn't even apply in this situation, since ProPublica isn't complaining about content, but about targeting.

    4. Re: note: no actual discrimination by Anonymous Coward · · Score: 0

      That is incredibly racist, Im suing Zillow.

    5. Re:note: no actual discrimination by Anonymous Coward · · Score: 0

      I'm still waiting for a cable channel called WET (White Entertainment Network). After all, it's OK to have BET (Black Entertainment Network)... right?

    6. Re:note: no actual discrimination by stephanruby · · Score: 1

      And if ad targeting is discriminatory for a specific product, then it's the advertiser, not the publisher, that's at fault.

      By forcing the publisher to defend itself, the lawsuit is probably hoping that Facebook will be forced to disclose which advertisers are doing the same thing. After which, the lawsuit against Facebook can stop and the advertisers in question can be sued instead.

      But it's not in Facebook's financial interest to throw their own customers (their real customers, their advertisers) under the bus.

    7. Re:note: no actual discrimination by Anonymous Coward · · Score: 0

      How very racist of you. Norwegian bachelors don't like hip hop? Black protestants can't be gay?

    8. Re:note: no actual discrimination by AthanasiusKircher · · Score: 2

      And if ad targeting is discriminatory for a specific product, then it's the advertiser, not the publisher, that's at fault.

      I'm not sure this distinction would hold legally, given that the "publisher" (Facebook, in this instance) is specifically including a mechanism to do discriminatory ad targeting (if indeed the ad targeting is ruled discriminatory).

      It's kinda like arguing that a hit man isn't "at fault" for targeting a person for assassination. After all, the employer hired the hit man. Moreover, the hit man gave him a run down of his services, even specifically offering to assassinate A or B or C to help the employer achieve his goals.

      Is the employer responsible for ordering the hit? Sure. But the guy who actually killed somebody and even enabled the process by suggesting targets will surely be found culpable too.

      Also, by the way, I'm assuming you would make a comparison between ad targeting and physical publishers (like magazines) that market to a specific audience. In that case, though, nobody's prohibiting a white guy from buying a copy of Ebony Magazine and viewing its ads. Advertisers may recognize that Ebony primarily sells to African Americans, and the publishers of Ebony may recognize that too. But it's not like when the white customer walks into the store, the clerk puts all the copies of Ebony behind the counter.

      However, with Facebook's ad targeting, it can be like that. And that is potentially an issue, morally even if not legally. But I suppose it depends precisely on Facebook's targeting system. Suppose I'm a gay Asian woman. If there were a transparent way in Facebook's system for me to see that Facebook knows this and deliberately targets ads to me for that, and if I wanted to, I could choose instead to receive ads for straight Afro-Cuban men, then that seems easy enough. But Facebook isn't like that at all -- it deliberately shows or hides ads from me in a non-transparent fashion based on factors I can't know.

      My guess is that this is just the beginning of lawsuits to come for such a system, particularly if it can be ever shown that some "deal" was offered to one race, but never offered to another or something.

    9. Re:note: no actual discrimination by clifcourtn · · Score: 1

      How they said it?

    10. Re:note: no actual discrimination by ooloorie · · Score: 2

      I'm not sure this distinction would hold legally, given that the "publisher" (Facebook, in this instance) is specifically including a mechanism to do discriminatory ad targeting (if indeed the ad targeting is ruled discriminatory).

      There are many legitimate uses for ad targeting, so providing the mechanism isn't per se discriminatory. Furthermore, discrimination is legal in many contexts; for example, Hillary Clinton has targeted many of her ads to different racial groups.

      Also, by the way, I'm assuming you would make a comparison between ad targeting and physical publishers (like magazines) that market to a specific audience. In that case, though, nobody's prohibiting a white guy from buying a copy of Ebony Magazine and viewing its ads.

      The discrimination for Ebony Magazine is behavioral, just like Facebooks. That is, nobody is keeping you from behaving in a way so that these ads are targeted at you.

      However, with Facebook's ad targeting, it can be like that. And that is potentially an issue, morally even if not legally. But I suppose it depends precisely on Facebook's targeting system.

      Well, I don't use Facebook and I don't know how they target. On Google, however, you can see what information Google has inferred about you, and you can also turn off ad targeting.

      My guess is that this is just the beginning of lawsuits to come for such a system, particularly if it can be ever shown that some "deal" was offered to one race, but never offered to another or something.

      Well, Facebook and Google are big guys, and they have actively supported this SJW nonsense, so let them deal with the consequences. The rest of us can go on merrily discriminating the way we want. Personally, I am certainly going to continue to discriminate against homophobic religions, progressives, and anybody who accuses me of being a racist.

    11. Re:note: no actual discrimination by ooloorie · · Score: 1

      By forcing the publisher to defend itself, the lawsuit is probably hoping that Facebook will be forced to disclose which advertisers are doing the same thing. After which, the lawsuit against Facebook can stop and the advertisers in question can be sued instead.

      It is perfectly legitimate for most advertisers to discriminate by race. Furthermore, the advertisers who most commonly discriminate based on race, sexual orientation, or gender are those who actually benefit minorities and women. So, you want to hurt minority businesses?

    12. Re:note: no actual discrimination by sabbede · · Score: 1

      You mean every other English language channel?

    13. Re:note: no actual discrimination by pauljlucas · · Score: 3, Interesting
      The key words are "that indicates," i.e., the text of the ad must indicate a preference or discrimination. It does not say anything about to whom you show the ad.

      The law was written well before anyone could place housing ads on the internet. The closest non-internet equivalent would be if you posted your ad on telephone poles except in predominantly non-white neighborhoods. But even that isn't illegal. So if that isn't, why is not showing an ad to certain people online illegal?

      You might be able to argue that it should be illegal, but, as written, it's not.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    14. Re:note: no actual discrimination by Anonymous Coward · · Score: 0

      It's called BET because "Channel Primarily Broadcasting Shows That Resonate Particularly With Individuals of African-American Descent" (CPBSTRPWIAAD) sounds stupid.

      Nobody is making a WET channel because there are plenty of channels that already satisfy the white demographic. A WET channel would essentially be ABC without Family Matters.

    15. Re:note: no actual discrimination by AthanasiusKircher · · Score: 1

      The discrimination for Ebony Magazine is behavioral, just like Facebooks. That is, nobody is keeping you from behaving in a way so that these ads are targeted at you.

      Except Facebook's model is not transparent. You don't know what data they have on you. You don't know what groups you're in. You don't know how you're being targeted (or what ads you might never see).

      Hence, you cannot know how you might change your behavior to see ads you don't even know exist, because you don't know what behaviors have caused Facebook's classifications.

      Well, I don't use Facebook and I don't know how they target. On Google, however, you can see what information Google has inferred about you, and you can also turn off ad targeting.

      That's nice. Hooray for Google. This is a discussion about Facebook, however, and its potential liability for the way it designs its system.

      There are all sorts of reasons people have been complaining about Facebook's non-transparency in the way it collects data and the way it seems to be using that data. The U.S. also has loads of laws against businesses discriminating on the basis of race.

      Again, the difference between traditional "ad targeting" and the present case is that it's one thing to advertise in places or media where a particular race might notice you more -- it's quite a different thing to only make that advertising visible to members of a particular race. (Again, I particularly foresee this creating legal problems in the future if services or deals or whatever are offered to one race but not another through Facebook's system.)

      If Facebook was transparent about all this and allowed you to choose the way to target ads for you, or to turn it off, or whatever, it would be less insidious. Instead it's deliberately choosing to keep that information secret and proprietary; if that ultimately turns out to result in disciminatory business practices though, I expect more legal challenges to follow.

    16. Re:note: no actual discrimination by Bigjeff5 · · Score: 1

      That's not how similar tech cases have gone down.

      Willful ignorance is not a defense. Facebook COULD know if those ads were discriminatory or not, but choose not to. In similar situations, the courts find that they are just as liable as if they DID know.

      That's why YouTube responds to DMCA take-downs the way it does - because it is feasible that they react immediately, they are required to react immediately. Because it is possible for them to detect potentially infringing material and remove it, they are required to detect infringing material and remove it, etc.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    17. Re:note: no actual discrimination by ooloorie · · Score: 1

      Except Facebook's model is not transparent. You don't know what data they have on you. [...] This is a discussion about Facebook, however, and its potential liability for the way it designs its system.

      So what? I simply pointed out that this wasn't "housing discrimination" in the FHA or public accommodations sense. This is about ad targeting, something that historically has not been illegal.

      You're welcome to share your vast legal expertise with ProPublica and set them right on what they are actually complaining about and help them out creating a novel legal theory of why ad targeting should be illegal, but the fact is: right now it isn't.

      And as someone who is a member of a couple of SJW-approved minorities, I can tell you that I want groups like ProPublica to fuck off; I like ads targeted at me.

    18. Re:note: no actual discrimination by ooloorie · · Score: 1

      Willful ignorance is not a defense. Facebook COULD know if those ads were discriminatory or not, but choose not to.

      Well, those ads weren't discriminatory, they were targeted. Ad targeting is not illegal under the letter of non-discrimination laws AFAIK, but you are welcome to develop a novel legal theory.

      Furthermore, most forms of discrimination by private entities simply aren't illegal anyway.

  17. How did FACEBOOK discriminate? by l2718 · · Score: 2

    Suppose for the moment the story is true: people buying ad space from Facebook can ask the automated algorithm to only show their ads to certain demographics. Those who posted the ads may very well have violated the law, but how does it make Facebook responsible? They aren't checking each and every ad for legal compliance, after all, and the ads don't represent Facebook itself.

    This is a moral point (Facebook shouldn't be held responsible for discriminatory content posted by users) but it may have legal teeth, depending on the previous contours of the liability shield of 47 USC 230.

    1. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      Facebook is responsible because they allow advertisers to select that their advertisements only go to rich white people.... that violates the law.

    2. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      Not smart enough to understand that target advertisement is completely legal? Not saying is right, just that it is LEGAL.

    3. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      It's called aiding and abetting. Just because it's done by an automated system shouldn't make it any less illegal.

    4. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      Suppose Facebook has a feature for tagging your photos when you upload them. There's a checkbox that says the picture is of kids. There's another checkbox that says the picture is of trees or waterfalls or something. There's another checkbox that says the picture is NSFW i.e. porn. If you check both "kids" and "NSFW" that means you've flagged your own picture as CP. It seems entirely reasonable to expect Facebook to notice this combination of checkboxes and refuse the upload, and/or notify the cops.

      The thing with targeted marketing of hijabs or concert tickets is neither here nor there. There's not a recognized legal concept of hijab discrimination. There is one of housing discrimination, for which there are protected classes such as racial minorities. Checking the "ethnicity=whatever" box and the "this is a housing ad" box at the same time is a no-no, and Facebook can detect and flag it.

    5. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      They aren't checking each and every ad for legal compliance, after all, and the ads don't represent Facebook itself.

      To my knowledge the second half would also apply to ads in newspapers and they have to check each and every ad for compliance before they print it. Just because the worlds largest malware distribution platform ( Google ) gets away with it does not make it legal.

    6. Re:How did FACEBOOK discriminate? by AmiMoJo · · Score: 1

      The issue is that Facebook provides tools which can be abused in this way, and does nothing to police their use. I'm surprised Facebook hasn't simply disabled this kind of targeting for certain categories, like real estate and dating.

      It may or may not be illegal, but I imagine the goal is probably to draw attention and convince Facebook to alter its policy.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:How did FACEBOOK discriminate? by Anonymous Coward · · Score: 0

      Newspapers are liable under the FHA. They have to police advertising. Facebook as a media company would get the same treatment as a newspaper. Thank liberals for the thought police. That said, the FHA allows ads targeted to specific demographics so long as the ads themselves are facially neutral -- otherwise you could never publish apartment ads in ethnic newspapers. What matters is the language of the ad itself otherwise every Spanish language paper in the US would be prohibited from running housing ads.

    8. Re:How did FACEBOOK discriminate? by AthanasiusKircher · · Score: 1

      This is a moral point (Facebook shouldn't be held responsible for discriminatory content posted by users)

      Except it's not the ad content that is potentially discriminatory. It's not like we're talking about people running ads saying, "Apartment/job available. Whites applications only, please." That would be discriminatory content in the ad itself.

      Instead, we're talking about a system deliberately designed to deliver ads to individuals (and not show them to other individuals) potentially based on their race. That system is created by Facebook. Facebook is potentially liable for misuse of such a system.

      The advertisers couldn't deliver their ads to users of a particular race without Facebook's system. I agree that the legal arguments here are murky, but it's not at all obvious that Facebook is completely in the clear, given that they've explicitly created a system which is intended to make it easy to target people by race. (And no, this is NOT the same as traditional "ad targeting" where you play an ad on a particular channel or radio station or in a particular magazine which is known to have certain demographics. In those cases, the users of other races can still choose to view the ads. In this case, the system is non-transparent, and users don't have such clear choices to change how the system targets them.)

  18. Re: jousting by Anonymous Coward · · Score: 0

    They could only tilt at windmills harder if they moved to Holland and took up fucking jousting.

    What the puck is this supposed to mean?

    By the way, does anyone know how to login properly?
    I am able to login, but then land at my user's data page, and after pressing 'save' land, logged in, on the slashdot front page, but when I click on this story, I am automatically logged out again. :(

  19. FB doesn't discriminate, people do by misnohmer · · Score: 1

    It's a tool people. It allows bacon manufacturers to not piss off Muslims or Jewish people by spamming them with coupons for their products. It allows businesses to target their advertising dollars. If illegal discrimination is occurring, go after the parties discriminating, not everyone in-between. Is ProPublica going after Apple next if they manage to post a discriminating ad from an iPad?

  20. Re: jousting by Anonymous Coward · · Score: 1

    Tilting at windmills means that you're attacking something as though it's an enemy when it's something entirely mundane. It's a reference to Don Quixote, in which the delusional protagonist attacks a windmill on horseback thinking it's a giant. Tilting is a jousting term, and Holland has quite a lot of windmills.

  21. Must hide the racists from those they hate? by Anonymous Coward · · Score: 0

    Wouldn't you want to know if the racist hates you and avoid them at all costs? Seems like this law sets people up for bad rentals.

    Though the landlord will just disqualify them for some other reason. As in income requirements and huge deposits.

    I discriminate based on income. Seems to keep the evictions down. Green is the only color I care about in rentals.

  22. No different from paper junk mail. by Anonymous Coward · · Score: 0

    For example: credit cards. A card company will target people. Are you saying they must send a card offer to every adult in the USA?

  23. This sounds like an overblown oversight. by sabbede · · Score: 1
    Facebook isn't a Real Estate listing service. They're a social media and advertising platform. I would expect that they rely on advertisers to know and follow their industry's rules, and simply hadn't considered that their platform could be used to advertise Real Estate in a way that violates the FHA. I doubt the FHA was even on their radar. Why would it be?

    Suing Facebook over this just seems silly. For one, can anyone show that this actually happened outside the ProPublica report? Did anyone bring it to Facebook's attention before filing a lawsuit? Does their TOS for advertisers include language about making sure ads aren't violating applicable laws? If so, they're already in the clear, but it shouldn't take much to get them to go a little further and block the option for real estate ads.

  24. Facebook is a carrier by Anonymous Coward · · Score: 0

    Facebook is a carrier and allows the users to determine what is allowed in their jurisdiction.
    ProPublica are the ones who broke the law by making up that post.
    Will they be punished?
    Does Facebook need to keep up with the laws of every jurisdiction and turn on and off the flags for each type of advertisement based on where it is supposed to be shown or where the creator is at?
    That should be the purchaser's responsibility.

  25. Sue craiglist too! by Anonymous Coward · · Score: 0

    Or any other service which allows you to post an ad without having another human check it first. All you have to do is write one discriminatory ad, screenshot it and sue. Or you can put an ad near any starbucks and sue because almost everyone who sees it will be white. What the researchers did was no different than either of these things. If such could become the basis of a lawsuit then we're about to flooded with them. This is lunacy!

  26. Content vs. targeting by Anonymous Coward · · Score: 0

    IANAL, but the statute places restrictions only on the content of the advertisement. You may not place an ad for housing or rentals that indicates a preference for able-bodied, heterosexual, white, christian men. There's nothing which makes it illegal to target an ad toward a particular demographic.
    Various white separatist groups and organizations like the KKK have websites. Is it illegal to post housing/rental ads on those websites because the traffic is going to be overwhelmingly white? Does the advertiser need to buy an ad on a BLM or Black Panther website to make sure that an equal number of blacks see it? Bullshit. As long as the content is non-discriminatory, the advertiser is free to target any audience they so choose.

  27. I bet no white people were 'excluded'... by Anonymous Coward · · Score: 0

    Probably because they weren't trying to FORCE themselves into the living space of non-whites.

    Funny that, isn't it...

  28. Targetting by phorm · · Score: 1

    An alternate use: You're selling pork products but don't want to market to people who are Muslim, Jewish, or vegetarian/vegan.

    However, that's not what's happening in this case. The problem is that FB brought out the tool and the only restriction against using it for illegal discriminatory purposes is essentially a little checkbox (probably sans even the checkbox) saying "we promise we won't use this to illegally discriminate."

    So what's needed is one or more of
    a) Proper review of ads to ensure the tool isn't being used for illegal purposes. Probably not going to happen as human-reviewing ads costs money, and - if the USPTO is any example - still subject to error/ambivalence
    b) A system to better restrict use of the tool from cases where it is likely to be discriminatory (not so easy given all the things that you could advertise)
    c) A better system for identifying, flagging, and possibly prosecuting malicious/illegal use

    Otherwise, it's great to have a choice of such a system, but not at the expense of it being so ripe for abuse. Some categories much less sense and are more open to abuse than others, as well.

  29. Actual lawyer here by Anonymous Coward · · Score: 0

    Targeting housing ads to specific communities is actually not discriminatory under the act. There's already case law that says running housing ads in Spanish language newspapers exclusively is not discriminatory to non-Hispanics. Aiming ads at whites is the same story.

    What the FHA prescribes is fairly narrow. Under 804(c) of the Fair Housing Act, Section 804(c) of the Act "prohibits the making, printing and publishing of advertisements which state a preference, limitation or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin." If the language of the ad is facial neutral you do not have a problem -- otherwise people would be running around suing every Spanish language print media company in the US as well as every other ethnic newspaper in the country that runs housing ads.

    This lawsuit is really stretching the language of the act but then they aren't really expecting to win in front of a jury -- Facebook will settle this to end the negative press long before trial.
     

  30. Anti-discrimination laws immoral by mi · · Score: 0

    I am willing to compromise and limit anti-discrimination laws to manual labor

    I challenge anyone to come up with a moral/ethical justification for such laws, that would not also apply to our selecting friends and mating partners.

    Why can an employer be harangued over having disproportionately many Whites, but a girl, who rejected four Blacks suitors and went out with an Asian, is not prosecuted?

    --
    In Soviet Washington the swamp drains you.
    1. Re:Anti-discrimination laws immoral by yuhong · · Score: 1

      They were designed decades ago when hiring large amount of workers to do manual labor jobs was common and the only alternative to these jobs was unemployment for many black people. This is why performance reviews and statistics are often used in the lawsuits.

    2. Re:Anti-discrimination laws immoral by mi · · Score: 1

      I know, where these laws came from. That does not answer my challenge regarding moral justification...

      --
      In Soviet Washington the swamp drains you.
  31. Damn straight! by Opportunist · · Score: 1

    That's what you get for trying to take the easy way out! Now he'll have to tell all those (insert relevant racist slurs here) that "he'll call them" or that "it's already taken", just like everyone else!

    On a less cynical note, you can't fight racism that way. I'd rather want to know beforehand that some landlord is a racist bastard, it saves me time, he won't let to me anyway and I sure as fuck don't want to rent from him!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  32. Really, this is funny by ebvwfbw · · Score: 1

    Only in America do we have people that are upset that they *DIDN'T* see an advertisement.

    Another imagined injury to try to steal from others.