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Facebook Settlement With FTC Could Run Into the Billions (nytimes.com)

An anonymous reader quotes a report from The New York Times: Facebook and the Federal Trade Commission are discussing a settlement over privacy violations that could amount to a record, multibillion-dollar fine, according to three people with knowledge of the talks. The company and the F.T.C.'s consumer protection and enforcement staff have been in negotiations over a financial penalty for claims that Facebook violated a 2011 privacy consent decree with the agency, said the people, who spoke on the condition of anonymity because the investigation is private. In 2011, Facebook promised a series of measures to protect user privacy after an investigation found it had harmed consumers with its handling of user data. The current talks have not yet reached the F.T.C.'s five commissioners for a vote and it is unclear how close the two sides are to wrapping up the nearly 11-month investigation. The commissioners met in mid-December and were updated by staff members that they had at that point found considerable evidence of violations of the 2011 consent decree. The FTC investigation into Facebook began after it was reported that the information of 87 million users had been harvested by a British political consulting firm, Cambridge Analytica, without their permission. The agency could seek up to $41,000 for each violation found.

77 comments

  1. Harvested? by OffTheLip · · Score: 1

    Data collected as designed is more accurate.

    1. Re:Harvested? by Anonymous Coward · · Score: 0

      What do you think harvesting is?

      They didn't say foraged.

  2. But... by Anonymous Coward · · Score: 0

    They did it on purpose, to make a profit.

    1. Re: But... by Anonymous Coward · · Score: 0

      I heard CA violated the terms of service by agreeing to opt in provisions that they never followed. I am very much wondering why it would be Facebook taken to task, other than maybe doing more due diligence on their customers in the future.

    2. Re:But... by Mr.+Dollar+Ton · · Score: 4, Insightful

      Probably they did, but what I am not seeing in this thread is the bunch of trolls that were badmouthing the EU when it did the same a month ago.

    3. Re:But... by GregMmm · · Score: 1

      Hey, I'm one of those people bad mouthing the EU for the fines...

      Looks like it just took the FTC a while longer to get on this revenue stream.

    4. Re:But... by Anonymous Coward · · Score: 0

      There are dozens of us! Dozens.

  3. A wall by Anonymous Coward · · Score: 4, Funny

    Turns out that it's not the Mexicans paying for the wall after all, but it's Facebook.

    1. Re: A wall by Anonymous Coward · · Score: 0

      Depends on how many mexicans that are on Facebook and how many mexicans that are somehow Associated with Facebook

  4. Wall Money! by Anonymous Coward · · Score: 0

    Let's FINISH It All To He!!

    Yippie I A! Yippie I O! Dah-dah-dah-dah-dah-dah-dah!

  5. To quote Grumpy Cat. by sandbagger · · Score: 3, Interesting

    Good. They made a fortune off of poisoning the well of civic conversation.

    --
    ---- The above post was generated by the Turing Institute. Maybe.
    1. Re:To quote Grumpy Cat. by Anonymous Coward · · Score: 1

      Good. They made a fortune off of poisoning the well of civic conversation.

      So the NY Times is next then? By that argument most of the media should be on the chopping block, too.

    2. Re:To quote Grumpy Cat. by jellomizer · · Score: 4, Insightful

      No cable 24 hour news did that. There isn't enough interesting news to really cover a 24 hour news cycle, So they filled 80% of the time with people with editorial opinions. To keep it interesting, we will put in too crazies with diametric opposite opinions so it becomes less of a discussion on important events, but a sporting event of yelling at each other.
      Some stations have a political agenda, so they pick guests to make one side seem like they have it in order, while the other size is just a raving lunatic.

      For example back in 2003 for the Gulf War, Fox News pitted a Sr. Bush Administration Official, against some college kid, who organized a anti-war protest. After watching that debate, I lost all credibility towards Fox news. Because it was intentionally one sided, and just showed how Stupid those LiBeRaLs are. Because you have an Experienced debater, vs a kid with a strong opinion.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re: To quote Grumpy Cat. by Anonymous Coward · · Score: 1

      Fine by me

    4. Re:To quote Grumpy Cat. by RazorSharp · · Score: 4, Insightful

      While I agree with the overall sentiment of your post, I disagree with your dissent of the OP. The well of civic conversation has been poisoned by several actors and Facebook is one of them. I think the sad irony is that the tools of technology that allow for greater egalitarianism are also the ones that dumb down public discourse. In your Fox News example, we see the rise of cable news networks that will put any argumentative talking heads they can book on TV because they have so much time to fill (and CNN does the same thing: John Stewart's attack on the network while they had him as a guest on Crossfire was an amazing critique of the 24/7 cable news model). Facebook, however, doesn't just give a platform to morons like Tucker Carlson and Paul Begala, it gives a platform to everyone. Instead of having the choice between two biased news channels (Fox & MSNBC) and one that somehow manages to constantly screw things up by trying too hard to be objective (CNN) we now social media where people can find even more specific and insular pockets of information.

      The internet is a great source for information when one knows how to critically evaluate sources of information. Unfortunately, most people don't know how to do that. As much as I share your disdain for Fox News, it's still a better source of information than InfoWars.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    5. Re:To quote Grumpy Cat. by HiThere · · Score: 1

      Sorry, I've got to disagree. There's more actual news than could possibly be streamed. Now if you require that the news be exciting and interesting, then you might have a point. But, e.g., the basket ball scores for the Fargo, Dakota https://scorestream.com/explor... never get reported on the news channel. Neither did the interesting thing my niece did on here birthday.

      So it's what they decided to sell, it's not that there wasn't enough news.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:To quote Grumpy Cat. by RespekMyAthorati · · Score: 1

      You have piqued my curiosity.
      So what did your niece do?

    7. Re:To quote Grumpy Cat. by HiThere · · Score: 1

      I don't know, it wasn't on the news. But if I call my brother I'll hear about it.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  6. They did it for profit by Anonymous Coward · · Score: 0

    Why does anybody need a billion dollars?

    1. Re: They did it for profit by Anonymous Coward · · Score: 0

      Twitter CEO Jack Dorsey had a platform
      E-I-E-I-O
      And on his platform he had some herpa-derps
      E-I-E-I-O
      With a tweet tweet here
      And a tweet tweet there
      Here a tweet, there a tweet
      Everywhere a tweet tweet
      Twitter CEO Jack Dorsey had a platform
      E-I-E-I-O

    2. Re: They did it for profit by Zero__Kelvin · · Score: 1

      I think we all know the King of all Herpa Derps is on that particular platform.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  7. And how much will users of Facebook see? by Anonymous Coward · · Score: 2, Insightful

    Oh yeah, that's right. Privacy violations mean the government gets paid, not the people which were actually harmed by having their information leaked / stolen. Par for the course in the USA. I'd love to get even a percentage of those $41000 per violation.

    1. Re:And how much will users of Facebook see? by Anonymous Coward · · Score: 1

      I half agree.

      The money should go to the people who never signed up for Facebook, but have "shadow profiles".

      The people who signed up voluntarily, that's was their own choice and they are as much culpable in this clusterfuck as Facebook is. They enable it and feed it.

    2. Re:And how much will users of Facebook see? by jellomizer · · Score: 1

      The government works for the people. This will be more money for services for the people. It isn't like we will use this money for some political stunt, that will only make the lowest common denominator of our population feel good, but offer no real practical benefit.

      I haven't been up on the news recently let me check on some stuff...

      Oh... Now I feel sad.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re: And how much will users of Facebook see? by Anonymous Coward · · Score: 0

      Dude. Cash for clunkers was years ago. Get over it.

  8. Just reading the headline by Opportunist · · Score: 1

    And given the track record of the FCC lately I can't with certainty claim that I'd know who'd be paying who.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re: Just reading the headline by Anonymous Coward · · Score: 0

      (Creimette letter continued)
      We reached the top of the wall and stopped at a cantina for margaritas. They warned us not to drink too much before the zip line adventure so I confined myself to three body shots. We then went on a brief tour of the museum, which which was guided by a man in Egyptian garb. He showed us the history of the island. Apparently the island is composed of a rare form of platinum, which is extremely dense, and causes the odd gravitational pull. It is not known where this phenomenon started. Conspiracy theorists believe the island was created by extra terrestrial life.
      The zip lines come in pairs, with a link so you can ride next to another person the whole time. More than a thousand feet above a lush jungle, you reach speeds exceeding sixty mph. After the first segment, I hooked your harness directly to mine and you wrapped your legs around me for the remainder of the ride. Watching you watch the world go by is heaven...
      (Continued)

    2. Re: Just reading the headline by Anonymous Coward · · Score: 0

      Creimette is too busy for your buggery. He is making YouTube videos and studying for his Windows 10 certification after work.

  9. Why? by Anonymous Coward · · Score: 0

    What did Zuck do to anger the government so much that they're now forcing his hand this hard?

    Just join PRISM already and sell your soul Zuck, it's not worth it.

    1. Re: Why? by Anonymous Coward · · Score: 0

      Facebook already is an apparatus of PRISM.

    2. Re:Why? by Shotgun · · Score: 1

      He allowed a Trump associate to use the same facilities that Obama did. Unforgivable.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    3. Re: Why? by Anonymous Coward · · Score: 0

      Who said that only Trump's team exploited that violation?
      In the end it's still Facebook that messed up in any case regardless of who else benefitted from this.

    4. Re:Why? by Narcocide · · Score: 1

      He allowed a foreign 3rd-party, corporate, for-profit, non-government entity beat them to figuring out how to maximize the features of the platform.

  10. Excellent! Make 'em pay bigtime by Anonymous Coward · · Score: 0

    I fervently wish they'd close FB entirely. Facebook is the largest of those corporations that earn huge profits using your data, and you get NOTHING for it.This is inherently evil. Zuckerberg and his minions have plenty of filthy money by now. Close FB entirely, and set their engineers and computers to a task that actually benefits EVERYONE. Zuckerberg, just deport his ass.
        Failing that, I hope they get many billions out of FB, make the bastards PAY. Sure, nothing will actually change at FB, but at least they can make them bleed money.

    1. Re: Excellent! Make 'em pay bigtime by Anonymous Coward · · Score: 0

      One could argue that all of the idiots that volunteer information to an entity like that, knowing at this point full well what itâ(TM)s used for, deserve it.

    2. Re: Excellent! Make 'em pay bigtime by Anonymous Coward · · Score: 0

      Yes, they do. If you signed up, that's on your own dumb ass. But the people who don't volunteer that information and have it given away to Facebook anyway did not deserve it.

  11. Recoup by Anonymous Coward · · Score: 0

    They'll just have to collect and sell even more user data to recoup the losses. And make sure to be even sneakier about it. No biggie.

    Captcha: mirage

  12. Go FTC! by mrwireless · · Score: 4, Interesting

    The FTC has been 'woke' on this issue since 2014 when they released a pretty good report on the goings on in the data broker market:
    https://www.ftc.gov/system/fil...

    They requested information from 9 databrokers, and explained things most of society still doesn't grasp like:
    - It's not about 'your data'. Your raw data is turned into scores, and those scores are what is being sold. This 'derived' or 'inferred' data is what we should be talking about.
    - Most of the money made from profiling is not made from advertising, but from selling 'risk management' products. The hundreds of scores the databrokers developed are sold to banks, insurers, employers. Cambridge Analytica's psychological profiles were once example of this algorithmically derived data.
    - Databrokers sell a lot of data to each other too. This means you get scores.. which are sold and then aggregated into new scores.. which are then aggregated into new scores. Basically, there is no end to how long you can store data on people as long as you keep regurgitating and transforming it. Think of it like data whitewashing.

    Because databrokers sell the derived data, and not the original data, there is little keeping them from scooping up data from leaks and feeding that to the algorithm too.

    What Cambridge Analytica was, was the first glimmer of awareness with the larger public that the narrative of 'we create profiles to show you more relevant adds' is a only half the story, and it's diverting from what's really going on.

    This is only the tip of the ice berg.

    1. Re:Go FTC! by Anonymous Coward · · Score: 0

      If I interact with someone, don't I have the right to remember the account and tell other people about it?

      If the government is going to start keeping track of what businesses can and cannot do (without any actual laws btw) they are going to be in over the head fast trying to enforce all this made up stuff.

  13. Fakebook can afford it! by p51d007 · · Score: 1

    What's a few billion to Zuck?

  14. Reading Comprehension by Anonymous Coward · · Score: 0

    I understand in your liberal education you didn't have to work hard to get your participation ribbon, but here in the real world you sound like and idiot.

    FTC != FCC

    Go put your fake news liberal bashing somewhere else. Preferably on the NYT comment section where the smart people won't have to be bothered with it.

    1. Re:Reading Comprehension by Opportunist · · Score: 1

      Holy shit, who pooped into your breakfast cereals?

      Talk about an overreaction to a cheap joke!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. Recognize the heroic people who share their data by Anonymous Coward · · Score: 0

    It is humanity's most gifted and brightest people that inputted their bio data, answered revealing survey questions, and OK'd sending their contacts' phone numbers and addresses to Facebook and its partners. Certainly, each of these individuals should receive around $40,000 instead of the government.

  16. Income free FB by Anonymous Coward · · Score: 1

    FB instead of its insurance company paying billions, should be prevented from charging for advertising for data displayed in the USA for a period of 4 years.

    The monetary penalty hardly discourages bad behavior. A find of this type is a 1 quarter and 1 annual report item.
    It does nothing to correct this behavior.

    My state's bank examiners would shut down a single branch bank if that bank knowingly allowed a third party to get the names, addresses, birth dates, interests, hobbies, political views, etc. of most of its customer base without getting prior explicit consent from the customers.

    Being a large company with good insurance and deep pockets does not exempt said company from being forced out of business by government penalties.

    It only takes the shutdown and fire-sale of assets of one big company to correct this problem.

    Kickstarter anyone to lobby for future such government actions to correct the problem instead of making fines just a cost of doing business?

  17. Please Explain by Anonymous Coward · · Score: 0

    Why someone needs a billion dollars.

    Thank you.

    1. Re:Please Explain by Anonymous Coward · · Score: 2, Insightful

      Please explain why anyone needs a million dollars. Or a thousand?

      How the F is it any of your business what other people earn? I'd rather billionaires exist than have people like you deciding how much of my own money I should be allowed to keep.

    2. Re:Please Explain by Anonymous Coward · · Score: 0

      Why someone needs a billion dollars.

      Thank you.

      So that you have money left over to live on after buying the mansion and the yacht.

    3. Re:Please Explain by Impy+the+Impiuos+Imp · · Score: 1

      Why someone needs a billion dollars.

      Thank you.

      Because that bit of rhetoric us used by nasty, power-hungry people to neuter other powerful people. And more accurately, to get "donations" to stop interfering.

      Much of the world is run this way. Have you brought an "extra" $200 to the DMV recently so you didn't have to wait 2 years for a driver's license?

      The rhetoric is meme cover for the reality behind the scenes. Often ultimately for fractions of a penny on the dollar of inflicted burden.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    4. Re:Please Explain by Impy+the+Impiuos+Imp · · Score: 1

      The yacht created jobs that paid more taxes, as the government found out when it added, then removed, a luxury yacht tax.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  18. Fines = bribes by Quakeulf · · Score: 2

    There isn't justice until corporal punishment and prison for life is involved for Zuckerberg and his nearest crew.

  19. Good by Anonymous Coward · · Score: 1

    Good! Who cares?! As long as the penalty money doesn't go towards any kind of steel slat fence thing, it's all good.

  20. Like asking a Lion not to hunt by MarkH · · Score: 1

    Personal data capture, analysis and sharing is part of Facebook DNA.

    Hopefully the fines will hit where it hurts and cause a re-evaluation of culture.

  21. I'm surprised the banks are missing their opening by MikeRT · · Score: 2

    It really shows how little imagination that Wall St has that no one has gotten the idea to support Brave's business model, particularly on their patron side, to help push a shift toward ultra-cheap micropayments for content. The banking sector has A LOT to gain by promoting the aggressive burn down of the advertising economy in favor of people paying for content, yet no one seems to want to do it as a long-term play that fundamentally shifts the Internet funding ecosystem into their laps.

    If I were a big wig, my plan would be to get the tech in place and then create an astroturfing campaign to get products like AdNauesum installed on so many users' PCs that the advertising networks cannot handle the feedback and lose customers. Then sit back and laugh as content providers have to sign up for the patron model that just so happens to send 5-10% cuts to us.

  22. Where is my share? by Anonymous Coward · · Score: 0

    of the said $41000?

  23. let me know when they actually fine them by Anonymous Coward · · Score: 0

    Because they have a history of not fining big corporations and let then go away with a rap and future corrective actions and some new laws...

  24. Re:Recognize the heroic people who share their dat by Anonymous Coward · · Score: 0

    On a very positive note, these are the same people that volunteered their DNA data, so it would be possible to identify genetic causes of such stupidity and hopefully edit it out with gene-editing techniques, like you would edit predisposition to certain ovarian or colon cancers.

  25. Re: I'm surprised the banks are missing their open by Anonymous Coward · · Score: 0

    Wicked. Folks are already installing adblockers in record numbers. Those people are a market looking for a new way to support the content they like. People arent pirates, they are just really frugal. Microtransactions should be popular.

  26. Make 10 billion fined 1 billion - profit! by EnOne · · Score: 4, Interesting

    1. Do something illegal or semi-legal and make 10 billion
    2. Get caught and say your sorry, really, really, sorry
    3. Get fined 1 billion
    4. Roll around in the 9 billion left over
    5. Avoid taxes since the 1 billion in fines is a deductible loss

    Now that you've been caught, find new illegal or semi-legal thing to make 10 more billion and repeat

    --
    Calvin:Do you believe in the devil? Hobbes:I'm not sure man needs the help.
    1. Re:Make 10 billion fined 1 billion - profit! by Anonymous Coward · · Score: 0

      Number 5 shouldn't be legal...

    2. Re:Make 10 billion fined 1 billion - profit! by Impy+the+Impiuos+Imp · · Score: 1

      6. Destroy a company worth a trillion dollars, dragging down the retirement funds of millions of people.

      People who vote.

      I'll see your pithy virtue signalling and raise you a Reality Chip.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    3. Re:Make 10 billion fined 1 billion - profit! by Anonymous Coward · · Score: 0

      Oh, I get it.
      Surround yourself with human shields while using euphemisms like 'retirement funds' and 'jobs' and nobody ought to be allowed to touch you.

      Come on. We have to draw the line somewhere. Things are only getting worse if megalomaniacs like Zuckerberg can culminate their power unhindered.
      Who else is supposed to keep them in check? Google? Amazon? Microsoft? Maybe Apple?
      Don't make me laugh. They all have cornered their respective markets and are way more likely to collude if it helps to secure their power instead of becoming competitors.

  27. Private privacy violations??? by magarity · · Score: 1

    a 2011 privacy consent decree with the agency, said the people, who spoke on the condition of anonymity because the investigation is private

    Is the investigation of privacy consent decree violations covered by the privacy consent decree? WTF?!? Who writes these regulations?!?

  28. I have a bigly question! by Anonymous Coward · · Score: 0

    Will this fine be enuff to build a wall? Asking for a friend.

  29. Somebody will be paying their taxes this year by Anonymous Coward · · Score: 0

    That tiny penised Bezos should be next.

  30. A third time? by Anonymous Coward · · Score: 0

    So, what's to stop Facebook, in a few years time, doing exactly the same or something else similar all over again, for a third time? They know the result is just a 'don't do this again! for real this time!' smackdown and what, some numbers on a computer somewhere get lower and some different numbers on a computer get higher? Wow. In the meantime, they have *acted*. They have *done things* that cannot be undone. And know they can keep on doing things, in violation of the law, and suffering these 'consquences'.

  31. A settlement is a waste of time by Anonymous Coward · · Score: 0

    People do understand that by reaching a settlement they legally wash their hands of this and no privacy violations or acts of wrongdoing are found to have occurred, right?

  32. pot kettle by Micah+NC · · Score: 1

    The federal government is the worst at invading privacy ... and these people are going after FB for it?

    1. Re:pot kettle by Impy+the+Impiuos+Imp · · Score: 1

      One should be more concerned if government is rifling through your data without a warrant (especially the data of political opponents) than worrying if Proctor & Gamble knows if you're more interested in Pampers or Depends.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    2. Re:pot kettle by Anonymous Coward · · Score: 0

      The federal government is the worst at killing people in all their wars... and these people are going after a murderous drug cartel?
      I hope this helps to realize how dumb that Russian logic of yours is.

  33. Trumps Wall Money by Anonymous Coward · · Score: 0

    Looking more & more like China all the time guys. Go USA! #1!

  34. Re: SINGULAR Mansion? by Anonymous Coward · · Score: 0

    What are you, POOR??

  35. Fines by jpfulton · · Score: 1

    As compared to the value of Amazon, it's merely a cost of doing business, rounding error. Perhaps someone could work with the state where Amazon is headquartered and take action to revoke their corporate charter. Extreme, most definitely. However, to fine a corporation of Amazon's size with an amount that has little to no effect on the leadership, or their share price makes the whole exercise a joke. Alternately, go after individuals at the top of the corporation (Sr. Leadership, and the Board of Directors) to prove personal malfeasance and send them off to a SuperMax. There's a really messed up part that recalls the episode of Dan Carlin's Hardcore History entitled "Painfotainment." I guess the real question beneath this dark muse is one of what makes up a sufficient deterrent? At what point do intelligent, but sociopathic individuals deserve the full force and power of the state in its most extreme form? I do not like seeing people suffer, and I don't like anyone make people suffer, but there has to be a way to stop corporations from committing financial and identity rape. Some dumb kid gets 20 years for smoking a joint or robbing $20 from a liquor store. These guys gut the economy, and deprive millions of individuals of a livelihood, and leave their victims open to black hats, including real robbery, not to mention blackmail, and possibly home invasion. At some point there needs to be an honest calculation of the damage done to their victims. I agree with the poster above who said "Make 10 billion fined 1 billion - profit!"

  36. Get it while the getting is good by Shotgun · · Score: 1

    The FTC is just trying to grab a handful of the cash before the European countries grab it all.

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  37. Re:Liberal platform by Shotgun · · Score: 1

    You forgot the support for the new antisemites.

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  38. Where would the settlement monty go? by nensondubois · · Score: 1

    Probably not rightfully back to the people who were violated. Most likely into the government so they can squander it with corrupt politicians and corporations as usual, right?

    --
    http://gamehacking.org/vb/threads/12747-nensondubois-codes http://twitter.com/nensondubois_