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Facebook is Being Sued Over Housing Discrimination (fastcompany.com)

The National Fair Housing Alliance, along with three other nonprofit housing advocacy organizations around the country, has filed a lawsuit against Facebook over its alleged discriminatory advertisements. From a report: The nonprofits, over the last few months, created a fake real estate company and used the Facebook ad platform to place housing ads. According to the lawsuit, the NFHA was able to place advertisements that "[excluded] families with children and women from receiving advertisements, as well as users with interests based on disability and national origin." In the NFHA's press release, the organization writes that "Facebook's advertising platform enables landlords and real estate brokers to exclude families with children, women, and other protected classes of people from receiving housing ads."

The lawsuit follows extensive reporting from ProPublica that investigated these potentially discriminatory practices. For over a year, the journalism outlet tested various ways that landlords could place ads for housing, and found that the targeting allowed for many people to be kept out of the loop. Given Facebook's massive user base of over 2 billion users, the group believes that the social network is in violation of the Fair Housing Act.

125 comments

  1. So let me get this right... by swirlingbrain · · Score: 3, Funny

    They're being sued because people are not getting spam? O_o

    1. Re:So let me get this right... by The+Cynical+Critic · · Score: 1

      It's more like they're suing Facebook for allowing advertisers to chose who to spam with better accuracy than usual.

      --
      "Why should I want to make anything up? Life's bad enough as it is without wanting to invent any more of it."
    2. Re:So let me get this right... by Anonymous Coward · · Score: 5, Insightful

      Well looks like these non-profits are just looking for a pay day. FB didn't do the advertising, the only provided a platform. Perhaps FB should sue them for deceit in creating fake companies and creating an ad campaign that purposely discriminates against people or review real estate companies who advertise on FB to see if they are discriminating against people. It's not FB who is in violation, it is those who are doing the advertising. It is not the gun manufacturer who kills people is is the people who are allowed to get their hands on guns they shouldn't have access to who kills people.

      I believe it is NFHA who is in violation of the Fair Housing Act, not FB.

    3. Re:So let me get this right... by jbmartin6 · · Score: 1

      perhaps even worse, there's no mention of any advertiser actually doing that, just that the platform allows it

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    4. Re:So let me get this right... by datavirtue · · Score: 2, Insightful

      Provide a platform that lets people commit tax evasion and see how long you avoid prison.

      --
      I object to power without constructive purpose. --Spock
    5. Re:So let me get this right... by sexconker · · Score: 0

      Create a public bulletin board that lets people post fliers for their Harry Potter fan club and see how long it takes for J. K. Rowling to sue you for erecting a public bulletin board?

    6. Re:So let me get this right... by Anonymous Coward · · Score: 0

      /.old
      PriceWaterHouseCoopers have provided exactly that since 1849.

    7. Re:So let me get this right... by Bryansix · · Score: 1

      Provide a platform for pirating movies and... oh wait, Kim Dotcom is still free. Buahahahahah!

    8. Re:So let me get this right... by datavirtue · · Score: 1, Insightful

      I am honored that someone used all of their mod points to down-vote all of my comments today. Normally someone experiencing this would get mad but I know it is a butt-hurt Hillary voting Facebook schill hard at work furiously clicking about to make the world a better place. God I love this site.

      --
      I object to power without constructive purpose. --Spock
    9. Re:So let me get this right... by datavirtue · · Score: 2

      Wouldn't that be a trademark case? Again, way off base.

      --
      I object to power without constructive purpose. --Spock
    10. Re:So let me get this right... by cayenne8 · · Score: 2, Insightful
      So, is it now that NOT targeting everyone with advertising is now discrimination???

      I mean, what if we bring this into the analog world a bit....if I have a house for rent, and I print up flyers, and I only put them in in the neighborhood close to the property, or perhaps I choose to only nail them to poles in affluential neighborhoods....rather than also post them in "the hood"....I am now guilty of discrimination?

      I now have to advertise to everyone?

      I know it is illegal WITHIN an ad to say "you needn't apply if you are ", but that applies to content of the ad, not where it is placed.

      Geez....what used to be common sense is right out the fucking window today with the SJW crowd.....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    11. Re: So let me get this right... by Anonymous Coward · · Score: 0

      A platform that allows people to commit tax evasion? You mean like a bank? Or tax software? The stock market?

    12. Re:So let me get this right... by The-Ixian · · Score: 1

      /.old.

      There is no hiding old...

      --
      My eyes reflect the stars and a smile lights up my face.
    13. Re:So let me get this right... by Mr+D+from+63 · · Score: 2

      Provide a platform that lets people commit tax evasion and see how long you avoid prison.

      Craigslist. Ebay, Amazon. All allow you to avoid paying sales taxes.

    14. Re:So let me get this right... by Anonymous Coward · · Score: 0

      "So, is it now that NOT targeting everyone with advertising is now discrimination???"

      No, not at all.

    15. Re:So let me get this right... by Anonymous Coward · · Score: 1

      The entire state of Oregon. 100,000s of out of state residents have been shopping in Oregon for many decades without paying sales tax. Washington and possibly other neighboring states have lost out on untold millions of dollars on sales tax revenue. With the insane amount of tax applied to liquor in WA, it's no wonder some of the very first stores you see in OR are liquor stores when you cross the border in most of the places where you can cross...

      From your post below, I can see you're a conservative. By your logic, your own head should explode because applying your logic means that gun manufacturers have killed every single person their guns have been used on.

      Provide a tool to kill people and you should be held liable. Sounds great to me. Let's start regulating gun manufactures finally. People only need to have a single shot bolt action rifle, shotgun (black-powder can fall in this too) or maybe a small pistol personal defense (the other 2 types are for hunting, something pistols are never used for), anything else should be made illegal and simply possessing anything else should be an immediate landing in jail.

    16. Re: So let me get this right... by Anonymous Coward · · Score: 1, Insightful

      I hate Facebook probably more than most...but this is over the top ridiculous, even for idiot SJWs. I didn't think those types could get any more pathetically brainless. Apparently I was very wrong.

    17. Re:So let me get this right... by sexconker · · Score: 1

      No, it wouldn't.

      It would be copyright, and it would still fall under fair use unless the fan club is charging dues or trying to profit or something.

      And no, it's not off base. I'd like to see you explain how instead of just claiming that it is.

    18. Re:So let me get this right... by Dragonslicer · · Score: 1

      It would be copyright

      Not unless you're including text from one of the books. It would also be a copyright issue if you used the art from the cover, but I doubt that Rowling owns the copyright for it.

    19. Re:So let me get this right... by Ichijo · · Score: 1

      Yes, you have to make it possible for the poor to access the same information that the rich have access to. Posting flyers in affluent, non-gated communities is allowed; restricting ads to wealthy people on Facebook is not.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    20. Re:So let me get this right... by Anonymous Coward · · Score: 0

      Posting flyers in affluent, non-gated communities is allowed; restricting ads to wealthy people on Facebook is not.

      What's the difference?

    21. Re:So let me get this right... by AmiMoJo · · Score: 2

      It's more like when someone walks into the local real estate broker's office the staff there look at their skin colour or the fact they have children and avoid showing them certain properties based on the landlord's preference not to have black people or kids in their building.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    22. Re:So let me get this right... by Opportunist · · Score: 1

      Probably longer than if you create one that allows you to share music.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    23. Re:So let me get this right... by painandgreed · · Score: 1

      So, is it now that NOT targeting everyone with advertising is now discrimination???

      I mean, what if we bring this into the analog world a bit....if I have a house for rent, and I print up flyers, and I only put them in in the neighborhood close to the property, or perhaps I choose to only nail them to poles in affluential neighborhoods....rather than also post them in "the hood"....I am now guilty of discrimination?

      I'm not sure. Are there laws in your municipality that make it illegal to not advertise in "the hood" under certain conditions? But really, this isn't about you in this allegory, it's about the flyering company you hired to do the work. Did they offer you options that you thought were against local laws? Are you somebody who cares about the law and would report illegal behavior?

  2. Violation of the Fork Fairness Act by meta-monkey · · Score: 4, Funny

    In other news, I bought a fork, and attempted to stab minorities in the eye with it. Nothing the fork manufacturer did prevented me from stabbing minorities in the eye with the fork they made. Therefore, the fork manufacturer needs to give me millions of dollars.

    --
    We don't have a state-run media we have a media-run state.
    1. Re:Violation of the Fork Fairness Act by jbmartin6 · · Score: 3, Funny

      I think the FFA would read if you are going to stab 100 people in the eye with your fork, you must stab them in proportion to each group's representation in the general population. Good luck finding 0.2 Pacific Islanders

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    2. Re:Violation of the Fork Fairness Act by Anonymous Coward · · Score: 0

      This is more like you bought a fork and told FB you wanted to stab minorities in the eye. FB gave you a list of local minorities that were particularly easy to stab and gave you advice on how to stab them. You did the stabbing, but FB is an accomplice.

    3. Re:Violation of the Fork Fairness Act by fish_in_the_c · · Score: 2

      Not really , this is more like 'I have a legal obligation to indiscriminately stab people in the eye' Facebook makes it easy for me to do that , but also makes it easy for me to pick choose which people I slap in the face , but because i can also decide who I stab in that eye Facebook is at fault because they didn't figure out what I was using the information for and make me act legally. Or at least that is what the lawsuit claims.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    4. Re:Violation of the Fork Fairness Act by Anonymous Coward · · Score: 0

      In other news, I bought a fork, and attempted to stab minorities in the eye with it. Nothing the fork manufacturer did prevented me from stabbing minorities in the eye with the fork they made. Therefore, the fork manufacturer needs to give me millions of dollars.

      However, there is no federal fair-fork act that guarantees the rights of minorities to be able to choose if they want to be forked by you or not... ;^)

      If there was, you'd have to offer to stab minorities in the eye, or *you* could be sued for millions. In this example, the fork manufacturers is facebook.

    5. Re:Violation of the Fork Fairness Act by cayenne8 · · Score: 1

      In other news, I bought a fork, and attempted to stab minorities in the eye with it. Nothing the fork manufacturer did prevented me from stabbing minorities in the eye with the fork they made. Therefore, the fork manufacturer needs to give me millions of dollars.

      No, it just means we need to pass bi-partisan "Sensible Fork Laws"....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:Violation of the Fork Fairness Act by Anonymous Coward · · Score: 3, Funny

      I think the FFA would read if you are going to stab 100 people in the eye with your fork, you must stab them in proportion to each group's representation in the general population. Good luck finding 0.2 Pacific Islanders

      Dude, that's what the knife is for.

    7. Re:Violation of the Fork Fairness Act by NicknameUnavailable · · Score: 2

      I think the FFA would read if you are going to stab 100 people in the eye with your fork, you must stab them in proportion to each group's representation in the general population. Good luck finding 0.2 Pacific Islanders

      If you find a 5-tined fork you could break four of the tines off.

    8. Re:Violation of the Fork Fairness Act by DigiShaman · · Score: 1

      I shall title this "Engineering Insanity"

      --
      Life is not for the lazy.
    9. Re:Violation of the Fork Fairness Act by Anonymous Coward · · Score: 0

      stab minorities in the eye

      You clearly need to stab yourself in the eye, all the way through to the back of your skull, asshole.

    10. Re:Violation of the Fork Fairness Act by AmiMoJo · · Score: 1

      Facebook created tools to target protected attributes like gender and race. It therefore has an obligation to ensure they are not misused.

      It's like a car rental place that loans out trucks with bull bars, and then does nothing to stop the guys who keep using them for ram-raiding. People keep pointing out that their trucks are being misused, but they just carry on ignoring the bags of swag they see being unloaded.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    11. Re:Violation of the Fork Fairness Act by Wiener · · Score: 1

      In other news, I bought a fork, and attempted to stab minorities in the eye with it. Nothing the fork manufacturer did prevented me from stabbing minorities in the eye with the fork they made. Therefore, the fork manufacturer needs to give me millions of dollars.

      No, it just means we need to pass bi-partisan "Sensible Fork Laws"....

      c'mon, man...the phrase they use in their narrative is "common sense fork laws"...

    12. Re:Violation of the Fork Fairness Act by rtb61 · · Score: 1

      They are not being misused, keep in mind what in reality is happening. A person paying for the ads, in a contract with a marketing agency, wants those ads targeted at a particular group, the one which will generate the highest profits for that person paying for the ad, with the least costs, high reliability tenets. That is fair and reasonable, why the fuck would I pay for an ad to be delivered to some one who is unlikely to be able to afford the rent or be the most desirable tenant. They are kind of forgetting who is the customer and who they are trading with. There is no contract between the entity that pays for the ad and the entity that view the ad, none what so ever and the person who pays for that ad, has every right to ensure only likely desired customer see that ad, when they are paying for on a per view ad basis.

      --
      Chaos - everything, everywhere, everywhen
    13. Re:Violation of the Fork Fairness Act by AmiMoJo · · Score: 1

      Except that housing is something people actually want, unlike being stabbed in the face.

      Imagine you were handing out flyers for an apartment in a mall. As you walk around you carefully avoid all the black people, only giving out flyers to white people. "Oh but I'm just targeting the demographic most likely to be able to afford my rent, to maximize the return on my investment in flyers" probably isn't going to win many people over.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    14. Re:Violation of the Fork Fairness Act by Kooonsty · · Score: 1

      So who would you sue? The mall that grants the ability of who the landlord gives the flyers to? Or the person actually handing out the flyers to the select group?

    15. Re:Violation of the Fork Fairness Act by AmiMoJo · · Score: 1

      I'd sue the company that offers to distribute the flyers only to white people. That company should have refused that request.

      The lawsuit would probably name the person who made the request too, of course. But in this case it makes sense to target Facebook, since stopping Facebook from doing it would have a much bigger effect than stopping one of the individual landlords.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  3. Can, not did by Anonymous Coward · · Score: 1

    It sounds like all they can prove is that it's possible to do that with FB, not that anyone has, other than themselves. They should probably go to jail for creating a fake housing company and creating targeted ads.

    1. Re:Can, not did by cayenne8 · · Score: 1
      So...having kids is now a "protected class"??

      When did that pass...?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Can, not did by Anonymous Coward · · Score: 0

      So...having kids is now a "protected class"??

      When did that pass...?

      Apparently anyone that isn't me (a white male) is in a protected class.

      What if I want to be protected?

      Is this why there are so many trannies now?

    3. Re:Can, not did by Anonymous Coward · · Score: 0

      Is this why there are so many trannies now?

      No, it's cars.

  4. not all is off limits by supernova87a · · Score: 4, Informative

    By the way, just before anyone takes this scant article too far and starts yelling at their companies' bulletin boards, classified ads, etc:

    Finding roommates for a shared housing situation does not fall under the Fair Housing Act's provisions. It has been ruled a sufficiently personal and private matter by the courts that people are allowed to discriminate when they list to find a roommate.

    However, I believe it only extends to male/female, not other protected characteristics. ( https://www.craigslist.org/abo... )

    1. Re:not all is off limits by fluffernutter · · Score: 3, Funny

      "Roommate must be blond, at least a B-cup and hot". Facebook please help me.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    2. Re:not all is off limits by sexconker · · Score: 1

      I'd say it would extend to anything. I get to choose who lives with me, full stop.
      Try me in court if I'm ever stupid/destitute enough to regress into "roommate needed" status.

    3. Re:not all is off limits by Anonymous Coward · · Score: 0

      I'm blond, have B-cup man-boobs and tend to be hot and sweaty, we're a perfect match!

    4. Re:not all is off limits by ausekilis · · Score: 1

      You're better off trying match.com. At least then you can create that millionaire persona and fill it with those stock photos of yachts - and not have it ruined by your friends posting your "irish yoga" poses by their backyard firepit.

    5. Re:not all is off limits by rickb928 · · Score: 1

      "It has been ruled a sufficiently personal and private matter by the courts that people are allowed to discriminate when they list to find a roommate."

      Yeah, any characteristic would be fine. roommates are not protected.

      However, your landlord changing terms or evicting you for a permitted roommate might be in trouble if they are found to have discriminated against a protected class. I'm pretty sure intent isn't required.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    6. Re:not all is off limits by AmiMoJo · · Score: 1

      So you are looking for an overweight blond guy with man-boobs who just ran up the stairs? Oddly specific.

      --
      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:not all is off limits by Anonymous Coward · · Score: 0

      From the craigslist quotations of the law, it appears to be illegal for you to advertise or verbally state your preference for things other than gender. It also says you can choose whoever you want based on whatever you want though (if you own less than 4 units and live in one), you just have to keep your mouth shut.

  5. Sometimes this only makes sense by Anonymous Coward · · Score: 1

    If your building doesn't have ground floor apartments and has nothing but stairs (assuming that's legal where you are, it is where I am) perhaps it wouldn't not be worth your while advertising to someone in a wheelchair?

    And if you are advertising microcondos that hardly hold one person (and probably have housing limitations making it illegal to house more than one) advertising to families would be a waste, too.

    1. Re:Sometimes this only makes sense by sanosuke001 · · Score: 1

      Yeah, it's one thing to flatly deny someone based on these criteria but not showing people ads can't be illegal, right?

      --
      -SaNo
    2. Re:Sometimes this only makes sense by Anonymous Coward · · Score: 0

      If your building doesn't have ground floor apartments and has nothing but stairs (assuming that's legal where you are, it is where I am) perhaps it wouldn't not be worth your while advertising to someone in a wheelchair?

      Then the government forces you to build ramps or install an elevator. Welcome to America, taste that freedom.

    3. Re:Sometimes this only makes sense by Anonymous Coward · · Score: 1

      No they don't - that's only if you're building a new apartment complex - old structures are grandfathered.

    4. Re:Sometimes this only makes sense by Anonymous Coward · · Score: 1

      shh shh shh-- Don't post facts; you're ruining his the-rich-are-oppressed fantasy.

    5. Re:Sometimes this only makes sense by sexconker · · Score: 1

      Old structures are not grandfathered if they're part of a business (such as an apartment building) open to the public. Your only saving grace will be the fact that your building is too old/shitty/cramped to physically put a ramp/elevator in. it's not so much that you're exempted by the law, it's that you're exempted by circumstance and each time a judge looks at it you're rolling the dice.

    6. Re:Sometimes this only makes sense by rickb928 · · Score: 1

      That's an ADA violation. The only exception might be if it were prohibitively difficult to comply. For instance, your duplex on an island without ferry service. You could be excused for not providing transportation on and off the island. It may not be unreasonable for you to ignore a tenant's demand for transportation. Installing elevators in the building without ground-floor units might be prohibitive, depends.

      And under the ADA, if you are entitled to government benefits and lack accessible transportation, you must be provided transportation to access those benefits. 'Accessible' in this example would mostly include a vehicle that accommodates a physical need, or if you were prohibited from driving (blindness, say) and had no other form of transportation available to you (no family, friends, etc available).

      ADA transport is a nice business.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    7. Re:Sometimes this only makes sense by rickb928 · · Score: 1

      "it's not so much that you're exempted by the law, it's that you're exempted by circumstance"

      Nope. You can only be exempted by law, and the exemptions permitted there. A judge cannot easily deny obvious claims, though of course there is plenty of grey area... But it's the law...

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    8. Re:Sometimes this only makes sense by Anonymous Coward · · Score: 0

      Sure, depending on the state. In my state, they gave them ~30 years to fix their shit, and now we have one of those buildings bitching about the financial burden. You've had 30 years ffs!

    9. Re:Sometimes this only makes sense by Anonymous Coward · · Score: 0

      ADA would make sense if this was a place of business. Most apartment buildings that don't have elevators are not, they just have apartments, no minimarts.

      The Fair Housing Act applies and a very large majority of buildings in older areas do not have to do what you're suggesting.

      http://www.latimes.com/business/la-fi-rentwatch-20151105-story.html

    10. Re:Sometimes this only makes sense by sexconker · · Score: 1

      A judge cannot easily deny obvious claims, though of course there is plenty of grey area

      A judge can easily do just that, with or without grey area.

      Yes, this building is in violation and needs an elevator. But putting one in would take 2 years and require eliminating 18 units which are currently occupied by rent-paying families. Also in case of a fire, you'd be fucked anyway, so I'm not going to order them to do anything, but I am going to note that the building is a piece of shit and maybe in 80 years we can get it condemned and torn down.

      The east coast is full of that shit.

    11. Re: Sometimes this only makes sense by rickb928 · · Score: 1

      I don't think of Detroit, or Chicago, or Kansas City, as East Coast.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  6. Shakedown by Anonymous Coward · · Score: 0

    Seems-like-someone-really-has-it-out-for-facebook redux

  7. Waaaah! Facebook allowed me to post illegal ads by Anonymous Coward · · Score: 0

    Solution: don't post illegal ads

    Thank you for contacting Facebook(tm) Support. Have a nice day!

    1. Re:Waaaah! Facebook allowed me to post illegal ads by OrangeTide · · Score: 1

      Years ago, when people still used newspapers, if I put a housing ad in the newspaper that said "Single Mothers Need Not Apply". Would it be the newspaper or me that has violated fair housing laws?

      --
      “Common sense is not so common.” — Voltaire
    2. Re:Waaaah! Facebook allowed me to post illegal ads by Anonymous Coward · · Score: 1

      Better question: is taking out an ad for housing in Maxim discriminatory against potential female or homosexual male applicants?

    3. Re:Waaaah! Facebook allowed me to post illegal ads by Mr+D+from+63 · · Score: 1

      Solution: don't post illegal ads

      Thank you for contacting Facebook(tm) Support. Have a nice day!

      Facebook can gladly provide the names of the authors of those illegal ads. The parties that create those ads should be held liable.

    4. Re:Waaaah! Facebook allowed me to post illegal ads by OrangeTide · · Score: 1

      Housing probably shouldn't be commercially advertised anyways.

      --
      “Common sense is not so common.” — Voltaire
    5. Re:Waaaah! Facebook allowed me to post illegal ads by fish_in_the_c · · Score: 1

      Of coarse there is no legal obligation for facebook to decide if someone is creating illegal adds. This is a case of trying to get private corporations to datamine their customers for legal violations that the feds should be required to get court orders for.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    6. Re:Waaaah! Facebook allowed me to post illegal ads by sexconker · · Score: 1

      Housing probably shouldn't be commercially advertised anyways.

      Why do you want to deflate our bubble? We're only several times the size we were when we last popped!!

    7. Re:Waaaah! Facebook allowed me to post illegal ads by rickb928 · · Score: 1

      Both.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    8. Re:Waaaah! Facebook allowed me to post illegal ads by rickb928 · · Score: 1

      To clarify:

      "Part 109, Sec 109.16:

      "(1) Advertising media. This part provides criteria for use by advertising media in determining
      whether to accept and publish advertising regarding sales or rental transactions.

      42USC 3600-3620, sec 7(d), 42USC 3535 (d), 54FR 3308 Jan 23,1989.

      Web sites are covered by the Fair Housing Act also, but some did claim they are exempted by Section 804(c), and the CDA 47USC sec 230. This has not been held. No safe harbor there.

      Yeah, it's like that.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    9. Re:Waaaah! Facebook allowed me to post illegal ads by slew · · Score: 2

      Solution: don't post illegal ads

      Thank you for contacting Facebook(tm) Support. Have a nice day!

      Facebook can gladly provide the names of the authors of those illegal ads. The parties that create those ads should be held liable.

      Except for the small detail that the Fair Housing Act makes printing, making, or publishing such ads illegal. Not just making.

      Of course there are some "safe-harbors" that publishers can attempt to use use.

      All advertisements should have prominent display of equal housing opportunity logotype, statement, or slogan as a means of educating the homeseeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin.

      Or perhaps include a statement with all advertising that states something like: All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

      On the other hand, potential evidence used against publishers are: selective availability of advertisements (this is what Facebook is doing); selective inclusion of equal housing opportunity statements or logos in different advertising campaigns; advertising with human models that cater to one segment of the population without complementary advertising in other segments.

      Facebook's problem is that the tools they give to advertiser allow them to explicitly include/exclude certain groups of people when defining a target for their housing ads is basically the same as for any other ad. So by excluding people that have interests in certain areas (ethnic affinities, like Interest in Telemundo, or gender affinities, like women in technology) they can effectively hide the advertisements from people advertisers want to discriminate against. By providing these tools, they are basically accomplices in the violation of the Fair Housing Act, not a neutral party just providing an ad platform...

    10. Re:Waaaah! Facebook allowed me to post illegal ads by Mr+D+from+63 · · Score: 1

      Solution: don't post illegal ads

      Thank you for contacting Facebook(tm) Support. Have a nice day!

      Facebook can gladly provide the names of the authors of those illegal ads. The parties that create those ads should be held liable.

      Except for the small detail that the Fair Housing Act makes printing, making, or publishing such ads illegal. Not just making.

      Of course there are some "safe-harbors" that publishers can attempt to use use.

      Fair point. And those safe harbors 'should' be sufficient if FB shows they've taken reasonable measures, which they seemingly have. If I publish a paper, and someone sneaks in and changes something, or intentionally words something that might not catch the eye of an editor, it is hard to see culpability on my part. There appears to be intent to slip something past FB here. There is clearly no intent on FB's part to publish such ads.

      But hey, sometimes it just depends on the judge.

    11. Re:Waaaah! Facebook allowed me to post illegal ads by Anonymous Coward · · Score: 0

      So if it's an actual, paid ad, Facebook is the publisher. If a user posts to a rental group, it's the user publishing.

  8. sue everybody by trrosen3908 · · Score: 0

    There gonna have to sue the post office and every other form of media too. They all let you target by demographics to some extent or another.

    1. Re:sue everybody by datavirtue · · Score: 0

      Criminal liability is escalated when using the mail or the phone for this very reason. Facebook's role is quite different in this case. Move a few brain cells around and you should be able to see that.

      --
      I object to power without constructive purpose. --Spock
    2. Re:sue everybody by sexconker · · Score: 1

      Facebook's role is quite different in this case.

      How so? (Hint: It isn't.)

    3. Re:sue everybody by datavirtue · · Score: 1

      They are actively facilitating. A phone system does not actively facilitate. Sexconker...I award your alt back its mod points.

      --
      I object to power without constructive purpose. --Spock
    4. Re:sue everybody by sexconker · · Score: 1

      They're not actively participating anymore than the post office is actively participating when I buy a stamp or pay to ship a box, or AT&T is actively participating when you pay the bill.

      I don't have any alt accounts here.

  9. Facebook victim of the Facebook culture by Anonymous Coward · · Score: 0

    I love it!

    Have fun pushing the dims, leftards! The level of victimization can be bottomless!

  10. Wrong target by chiefcrash · · Score: 3, Informative

    Facebook is the advertising *venue*, not the advertiser in this case. Facebook doesn't own the property for sale/rent. The people violating the Fair Housing Act in this case would be the (fake) real estate company...

    --
    Show me on the 1st Amendment bobblehead where the moderator touched you...
  11. If I'm interpreting the summary correctly, by Anonymous Coward · · Score: 4, Insightful

    the National Fair Housing Alliance et al (NFHA) need to step back and breath. I don't see Facebook as having done anything wrong if NFHA managed to give Facebook a neutrally worded ad with filters restricting whom the ads were being shown to. Yes, that would be a sneaky underhanded technique, but claiming that "Facebook broke the law! Give me money!" for falling for that technique would be equivalent to a landlord putting up advertisements in local papers in neighborhoods that omit protected groups. Or for that matter, having a landlord put up any advertisement in any media, and omitting selected medias for the purpose of making it so that protected groups are unlikely to see the advertisement in the first place. I just browsed the Fair Housing Act and I don't see any where in it that claims that you have to target your ads to the entire population, I do see that you can't have an ad that states that protected groups are not wanted, but there's nothing there that says that you have to make certain that the ad is available to everyone.

    1. Re:If I'm interpreting the summary correctly, by chiefcrash · · Score: 1

      the National Fair Housing Alliance et al (NFHA) need to step back and breath. I don't see Facebook as having done anything wrong if NFHA managed to give Facebook a neutrally worded ad with filters restricting whom the ads were being shown to. Yes, that would be a sneaky underhanded technique, but claiming that "Facebook broke the law! Give me money!" for falling for that technique would be equivalent to a landlord putting up advertisements in local papers in neighborhoods that omit protected groups. Or for that matter, having a landlord put up any advertisement in any media, and omitting selected medias for the purpose of making it so that protected groups are unlikely to see the advertisement in the first place. I just browsed the Fair Housing Act and I don't see any where in it that claims that you have to target your ads to the entire population, I do see that you can't have an ad that states that protected groups are not wanted, but there's nothing there that says that you have to make certain that the ad is available to everyone.

      Actually, limiting where you put up the advertisements in order to omit protected groups would clearly be a violation under 109.25 Selective use of advertising media or content. https://www.hud.gov/sites/docu...

      --
      Show me on the 1st Amendment bobblehead where the moderator touched you...
  12. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  13. Not Facebook's fault by Anonymous Coward · · Score: 1

    I am not a fan of Facebook but I'm on their side here. These fair housing laws are something that all real estate agents need to know before placing ads, and it's the real estate agents and landlords who are held liable by the state and/or federal real estate regulation agencies.

    Facebook should not be held liable for this just because they have unprecedented amount of demographics targeting in their ads. The landlords who are doing this need to be reprimanded for violating the fair housing law.

    If anything Facebook needs to be educated in these laws so that their ad review team can reject real estate ads that violate fair housing regulation.

    I didn't even know the implication of these laws until I became a Real Estate agent. I thought fair housing meant if I'm black, Asian, gay, etc. I can buy a house and not be discriminated against. I did not think that it meant landlords couldn't choose not to rent to families with kids etc.

    It seems reasonable to me that a landlord would not want to rent their house to families with a lot of young children who would be more likely to destroy the property, but this is actually an illegal practice.

    To me it makes common sense that as the owner of the property - you can choose WHO you want to rent your house/apartment to, and while you can.. You cannot advertise that kids aren't allowed, etc. I personally think that isn't fair to the property owner but at the same time it's not fair to families with children who should be able to be able to easily find someplace to live.

    But the point is not whether or not I agree with it, it's that I had no idea that was illegal until after I studied to be an agent, so how can you expect this to be anywhere near remotely in the thought process of the geeks behind Facebook?

    1. Re:Not Facebook's fault by datavirtue · · Score: 3, Insightful

      The point is: you would never know if someone violated the fair housing act. Facebook is providing a a means to conduct illegal activity. The same principle applies to me as a software developer. I cannot create accounting software that lets people cook their books. I would go to prison. Everyone commenting on this is way off. These non-profits know their shit. If you don't like it, lobby to have the laws revoked.

      --
      I object to power without constructive purpose. --Spock
    2. Re:Not Facebook's fault by Anonymous Coward · · Score: 0

      You don't have to be a real estate agent to advertise property for rent.

      And while you can't state in the advertisement that kids aren't allowed, there are HUD rules regarding number of bedrooms vs number of occupants of the dwelling that should be applied to prevent overcrowding even if it is not a HUD property. A family of four aren't going to fit in a studio apartment, and the HUD rules do not permit that arrangement.

    3. Re:Not Facebook's fault by PPH · · Score: 1

      I didn't even know the implication of these laws until I became a Real Estate agent. I thought fair housing meant if I'm black, Asian, gay, etc. I can buy a house and not be discriminated against. I did not think that it meant landlords couldn't choose not to rent to families with kids etc.

      Anecdote: My dad sold our family home a few years back. The house is large (6 bedroom) and sits on a huge lot in a nice neighborhood. The first listing agent said, "Sorry. We can't say 'large yard' or we'd be seen targeting families _with_ children. What if a single person or childless couple might want it?" I didn't know that not having kids is a protected class. My dad got no offers. After that listing expired, another agent was willing to describe the lot as a 'park-like setting'. It sold rapidly. To a couple with kids who also run a daycare in the lower level.

      I don't know what the real estate laws are, but from what I've seen, the whole Fair Housing Act is a minefield for the profession.

      --
      Have gnu, will travel.
    4. Re:Not Facebook's fault by Anonymous Coward · · Score: 0

      I don't believe your story. I'm single, I don't see how statement of "large yard" targets families. Hell, saying "on premise playground" still wouldn't be a violation of fair housing as long as me, as a single person, is still permitted to buy the property if I choose. Statement of facts about the property is not discriminatory and as such not in violation of the fair housing act. I state this as someone who regularly rents out rooms within my house, and as such have to be somewhat familiar with these laws. I point out my house has a very small yard, according to the logic you throw this would be "discouraging families", but it isn't, it's merely a statement that my yard is small so if you're wanting somewhere with a big yard, my place isn't it.

    5. Re:Not Facebook's fault by rickb928 · · Score: 1

      "HUD rules do not require that arrangement.

      FTFY

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    6. Re:Not Facebook's fault by Archangel+Michael · · Score: 1

      There is a whole slew of new code words for people. "Large Yard" becoming "Park Like" is a great example. There are others out there, because the rules (and interpretations) are silly at some point. I saw one that said "Dynamic" was anti black (huh??). Words have meaning, and when you can't convey what you want with certain words, you'll find alternative ones.

      Eventually, I suspect that language will be extinguished by the Political Correctness Police.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    7. Re:Not Facebook's fault by Anonymous Coward · · Score: 0

      I am also pretty sure it is pretty standard practice for apartments/landlords to only allow 2 occupants per bedroom. a family of two adults and 3 kids probably won't be able to get a 2 bedroom apartment, and definitely not be able to get a studio apartment.

      Assumption being that the adults would share a room and you could put up to 2 kids per bedroom in bunk beds. At some point though once those kids get older, it is not going to be ideal for them to share bedrooms.

  14. Re:Talk about an axe to grind by ScentCone · · Score: 1

    This has to be a stupid lawsuit by lawyers with nothing better to do and need to get their name out there.

    No, it's an opportunity at getting a healthy percentage of a large pile of FB's cash, right when FB will be doing its best to dole out money in every direction possible to beat back recent bad PR. The people suing them are in it strictly for personal enrichment.

    --
    Don't disappoint your bird dog. Go to the range.
  15. Re:So let me get this right... water by mickrussom by sexconker · · Score: 1

    A toilet rigged to "on" will be useless. The fill rate is not high enough to remove waste effectively. That's why we fill the bowl to near the tipping point, then add a bit more to reach it and flush it clean.

  16. Same Ad, but where it's seen. by MDMurphy · · Score: 1

    While I can understand what they're thinking, this will be interesting to see how it shakes out. Where does targeting advertising equal discrimination?

    If you posted a 3x5 (A7) card on bulletin boards for a house for rent, would putting them only in white neighborhoods be discrimination? Is not showing an ad to someone the same as discriminating against them when they show up?

    How does this apply to TV or radio ads? If you don't do one on a Spanish-only station but only on an English station, is that discriminating against a segment of the population?

    Facebook's targeting is much more specific, but it's likely where TV and radio are going with streaming services. It's not a stretch to imagine the same super classification that occurs with Google or Facebook ads coming to ad-supported video. If so, will the advertisers be prohibited from choosing some combinations of the recipient's attributes?
    My non legally-trained mind imagines this to be prior restraint. They haven't actually discriminated in housing by placing the ad, but they *might* discriminate I'm not sure that's the same.

    I hope there isn't a quick settlement, I want to see how this is viewed by the courts.

    1. Re:Same Ad, but where it's seen. by Anonymous Coward · · Score: 0

      Super classification already exists in the cable world. I know for a fact that custom adverts even going all the way back to the analog days can be inserted into the live video feed down to the zip code and possibly even smaller area depending on the configuration of the cable network. It is the whole mantra that cable has been using with their advertising for decades, where local businesses can pay less to advertise to only people in their local region, rather than to the whole metro area, where someone that lives 20mi away might not be very likely to drive all the way across town to visit a business.

      Back in the analog era this was quite visible when you might have seen a split second of an ad from the particular cable channel's national feed then it would cut to a local commercial.

      It's not hard to believe they could target ads down to the box level these days with digital addressable cable boxes.

  17. AI will solve this by Anonymous Coward · · Score: 0

    AI will solve the problem of advertising only to people who are likely buyers without humans having to make judgments. The results will be outrageously sexist and racist according to liberals, but machines don't have to worry about being called names when dealing with facts and logic.

  18. Wider Problem made more obvious by FeelGood314 · · Score: 1

    This has been going on for as long as there have been anti discrimination laws. Credit companies are probably the worst. They buy lists of demographic details by zip or postal code and then only send out offers to those groups they want as customers. Facebook makes it easier do chose your audience and they also make it much more obvious when a company does discriminate. There should have been stronger laws about this kind of discrimination long ago.

  19. Re:Talk about an axe to grind by AmiMoJo · · Score: 1

    What matters is if anyone is disadvantaged by their actions.

    Make up for specific skin tones is fine. No one loses out. Target away. But trying to exclude certain people from housing, a basic resource that everyone needs and is the core of a person's life, is rather different.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  20. How is this facebook's fault? by Anonymous Coward · · Score: 0

    How is this facebook's fault? They aren't the ones posting the ads that exclude specific demographics. Does this mean if an apartment owner only advertises their rentals on a bulletin board at a university I can sue the university for age discrimination since the posted ads are targeted primarily to college age students?

    Would be just the same if the advertiser only advertised the rentals in publications that might only appeal to specific age groups or sexes. It is not the publications fault that the advertiser choose to only advertise in those publications. The lawsuit should be squarely aimed at the person/group/business that posted the ad.

    There is nothing wrong with the fact that facebook has the options to target specific sexes. What if the person/group/business wants to run separate ad campaigns targeted towards different sexes using different wording, highlighting specific features/services that may appeal more to one sex than the other? That is the whole fucking point of targeted advertising these days.

  21. Protected classes? by Anonymous Coward · · Score: 0, Troll

    Remind me again why white men extended freedom to the browns and vaginas.

  22. when it rains it pours! by Anonymous Coward · · Score: 0

    I can't wait to see the drop in FACEBOOK stock. And not testifying before congress and the British Parliament? They might even just suspend business licenses and shut down sites. That is their right. Zuckerberg better fess up.

  23. Redlining is illegal by Anonymous Coward · · Score: 0

    For those who own Facebook stock, redlining is illegal. You should Google it.

  24. I couldn't agree more by BlueCoder · · Score: 1

    Facebook did little more than do the equivalent of providing a platform like classified ads. It's the people the improperly use it that are in violation.

    Furthermore I think FB should not be required to police their customers.

    P.S. And I don't even like FB but they did nothing wrong.

    1. Re:I couldn't agree more by Dragonslicer · · Score: 1

      Facebook did little more than do the equivalent of providing a platform like classified ads.

      The "little more" is exactly the problem. The complainants are arguing that by providing the explicit options to illegally discriminate in housing, Facebook is actively encouraging and contributing to illegal discrimination.

      Furthermore I think FB should not be required to police their customers.

      You just said Facebook is simply providing classified ads. Newspapers can and do police their customers.

    2. Re: I couldn't agree more by Anonymous Coward · · Score: 1

      Without those targeted options thier platform becomes nearly useless. The positive for advertisers way out ways the bad ways a supposed consumer protection organization might use it.

      Roll it back to gun control. Gun manufacturers provide a way for people to kill other people. Regulate them as well.

      Facebook, as much as I think they provide little value to humanity, did nothing wrong here. It was the consumer "protection" watchdog groups who are in need of funding so they came up with a scam to attempt to do just that. Time for Facebook to do some real good with their vast sums of money and keep these groups in court until they are dirt broke poor.

  25. Perhaps by JBMcB · · Score: 1

    Simply discriminating against certain groups does not mean you are necessarily breaking the law.

    " the NFHA was able to place advertisements that "[excluded] families with children"

    You are advertising single bedroom efficiencies that families with children do not rent. I don't think that those big houses on college campuses that rent rooms out to college kids would get in trouble if they didn't advertise in the local parenting weekly.

    " and women"

    That's a problem.

    "from receiving advertisements, as well as users with interests based on disability"

    Not sure what disability based interests are. You could be renting a house that does not meet with modern disability standards.

    " and national origin"

    That could be a problem, but I think drawing a line between national origin "interests" and actual national origin could be tenuous.

    --
    My Other Computer Is A Data General Nova III.
  26. Weird! This might be a loophole! by pikine · · Score: 3, Interesting

    Looking at the wording in Fair Housing Act, it doesn't seem to prohibit targeted advertisement. It's illegal to refuse renting or selling based on a protected class when someone makes an offer, or mention such preference in the advertisement, or falsely claim that the housing is unavailable. However, targeted advertisement does not fall under any of those illegal acts because the advertisement itself does not mention the preference. One can argue that if someone finds housing through another way, then as long as the landlord does not refuse the offer on the basis of protected class, and the real estate agent or mortgage broker does not refuse the transaction on the basis of protected class, there would have been no violation.

    But IANAL.

    --
    I once had a signature.
    1. Re:Weird! This might be a loophole! by TheRaven64 · · Score: 1
      I don't think it's that clear cut:

      However, targeted advertisement does not fall under any of those illegal acts because the advertisement itself does not mention the preference

      When taking out the targeted advert, you are explicitly stating the preference. Another poster made an analogy of listing the property via an agent and giving them verbal instructions not to show the details to anyone in a particular class. I would expect a court to have to decide whether these two are equivalent.

      --
      I am TheRaven on Soylent News
    2. Re:Weird! This might be a loophole! by pikine · · Score: 1

      Here is the full text of the preference clause in question:

      (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

      Ignore the "to make, print, or publish, or cause to be made, printed, or published" because these are the "methods" that generate and distribute the notice. But it is the notice itself that has the property that "indicates any preference, limitation, or discrimination" or indicates "an intention to make any such preference, limitation, or discrimination." The point is that the expression or the intent has to be written in the notice.

      Obviously, whoever wrote the Fair Housing Act should have avoided nesting sentence structures and written shorter sentences which are clearer to follow. That's my pet peeve with legalese.

      With regard to real estate agent, again we should stick to the text of law. Sec. 805. [42 U.S.C. 3605] does prohibit a real-estate agent from refusing a transaction on the basis of protected class, but the seller can whisper any preference they want without violating the law as long as the real-estate agent does not execute on it. But Facebook is not a real-estate agent nor does it take part in any part of the housing transaction. It's unlikely for the court to argue that Facebook is a real-estate agent or conducted the transaction.

      I think a likely outcome of this court case is that the lawmakers will amend the Fair Housing Act to explicitly prohibit targeted advertisement, which will likely face push back from the various lobbying groups. Or maybe the court will make a judgment against Facebook, but that judgment could be appealed and overturned in a higher court, or in a different court case. Ambiguous wording means that the judge could rule one way or another. If they just settle out of court and do nothing else, then people will know about the targeted advertising loophole and will exploit it, so that would accomplish the opposite of what NFHA supposedly wants.

      --
      I once had a signature.
  27. Targeted Advertising is unavoidable by R_V_Winkle · · Score: 1

    This is the same as a landlord advertising in GQ or Penthouse, just because facebook is able to offer more accurate reporting does not criminalize an effort to appeal to the people you want to attract. Personally I think facebook is crap and cancelled my account the day trump got elected but if advertisers want their ads to go to only men that is the advertisers goal and should not be a crime in general.

  28. Sorry. Legal precedent. by RogueWarrior65 · · Score: 1

    Say what you want about FB but they are not legally responsible for the abuse of their software any more than Jack Daniels is responsible for people driving drunk.

  29. Exclude Women? Yea Right by Anonymous Coward · · Score: 0

    I am on Facebook Housing group. There are a lot of young people in this group. There is a college not to far away. A LOT of post are advertisements to rent out apartments or sublets rooms and clearly state females ONLY. There are hundreds of ads that openly and clearly discriminate against Men and it's widely accepted. I have never seen one post that didn't allow a minority or female. I have been on this housing group for 4 years.

    1. Re:Exclude Women? Yea Right by Anonymous Coward · · Score: 0

      You're allowed to restrict housing advertisements to the same gender as yourself if you will be sharing accommodations with the person.

  30. Oculus by Anonymous Coward · · Score: 0

    Somebody sue Facebook over Oculus too. It has no offline mode. Who knows what kind of data they are mining and sharing as its always connected.

  31. So? by Opportunist · · Score: 1

    Let's be honest here. Imagine I hate $minority. For no reason whatsoever, I just don't like $minority, I don't want to sell anything to $minority and I don't want to deal with $minority.

    What do you think would change if I could not avoid advertising to $minority? That I suddenly start selling to them? Especially in a market like real estate where I pretty much HAVE TO know who I sell or let to. The ONLY thing that changes is that I don't go on $minority's nerves with my damn ads and that I don't waste their time.

    In other words, if I happen to be part of a minority you don't want to deal with, I do not WANT your damn ads. First, because they're ads, but more importantly, because I in turn don't want to deal with an asshole.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:So? by david_thornley · · Score: 1

      You've never dealt with an asshole in your life? Sometimes assholes have something you need or really want, so you go through with it and complain to your friends afterward.

      If you're selling something in public, there are reasons you can't legally deny a sale. You have to sell to blacks and whites and men and women and other protected classes. You don't have to sell to a specific person, although if it comes out that you never deal with blacks you're going to be in trouble.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  32. stupidity by Anonymous Coward · · Score: 0

    what a load of crap; who the hell uses FaceBook as a realtor?

  33. Re:Sorry. Legal precedent. by david_thornley · · Score: 1

    This isn't abuse of their software by others. This is Facebook fulfilling an illegal request (or looks like it; IANAL, and I'm going to wait for a judicial ruling).

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  34. Funny part is... by Anonymous Coward · · Score: 0

    The claim being that these ads are illegal, yet the only ones known to have created these types of illegal ads are the plaintiffs.

    Maybe the fed housing folks should be looking to shut down these folks for running discriminatory ads.