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Housing Department Slaps Facebook With Discrimination Charge (npr.org)

The Department of Housing and Urban Development is suing social media giant Facebook for allegedly violating the Fair Housing Act. From a report: HUD says Facebook does so by "encouraging, enabling and causing housing discrimination" when it allows companies that use their platform to improperly shield who can see certain housing ads. In the charging document, HUD accuses Facebook of unlawfully discriminating against people based on race, religion, familial status, disability and other characteristics that closely align with the 1968 Fair House Act's protected classes.

HUD also alleges Facebook allowed advertisers certain tools on their advertising platform that could exclude people who were classified as "non-American-born," "non-Christian" or "interested in Hispanic culture," among other things. It also said advertisers could exclude people based on ZIP code, essentially "drawing a red line around those neighborhoods on a map." "Facebook is discriminating against people based upon who they are and where they live," HUD Secretary Ben Carson said in a statement. "Using a computer to limit a person's housing choices can be just as discriminatory as slamming a door in someone's face."

82 comments

  1. HasBen Carson levies a fine? by swschrad · · Score: 2

    I thought his job was to open doors to schnooks and hide regulations. geez, Bizarro Thursday.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re: HasBen Carson levies a fine? by Anonymous Coward · · Score: 0

      But but lock her up, am I right? Hillary for prison!!!!

  2. Good by Anonymous Coward · · Score: 0

    That’s all that needs to be said.

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

      No, it's bullshit. The people who place the discriminating ads are the ones who should be sued, not the advertising platform. Suing Facebook for this is like suing knife manufactures when someone goes on a stabbing spree.

      As a landlord, it's my job to know the discrimination laws so I don't break them. Whatever tooling I use shouldn't have to stay updated for all worldwide housing laws. The USA has laws, the states have laws, and your local city has additional laws. It's bullshit to expect companies to update all their tools to handle the changing laws in all those scopes for all potential uses of said tools. It's the users who need to know what's illegal or not and the users who should be held accountable.

    2. Re:Good by bhcompy · · Score: 1

      The question is do other mediums vet advertising for this by courtesy or by law/regulation? Newspapers, mailers, television, etc. Facilitating this activity may be covered by the law or at least covered by industry best practices, and we all know that Facebook has no concept of best practices, so the only way to enforce them is to force them via the legal system.

    3. Re:Good by Anonymous Coward · · Score: 0

      Good point. But I'd argue newspapers have a local presence while Facebook doesn't. This is the same issue as cross-state taxes.

    4. Re:Good by Anubis+IV · · Score: 5, Informative

      The people who place the discriminating ads are the ones who should be sued, not the advertising platform.

      Actually, they should both be sued. From the charges themselves:

      1. It is unlawful to make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status, national origin or disability. 42 U.S.C. 3604(a), (f)(1); 24 C.F.R. 100.50(b)(1), (3); 24 C.F.R. 100.60(a); 24 C.F.R. 100.70(b); 24 C.F.R. 100.202(a).

      2. It is unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, national origin or disability. 42 U.S.C. 3604(b), (f)(2); 24 C.F.R. 100.50(b)(2); 24 C.F.R. 100.65(a); 24 C.F.R. 100.70(b); 24 C.F.R. 100.202(b).

      So, as expected, it's illegal to place the ads. But then it goes on with...

      3. It is 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 based on race, color, religion, sex, familial status, national origin or disability, or that indicates an intention to make such a distinction. 42 U.S.C. 3604(c); 24 C.F.R. 100.75(a), (b), (c)(1).

      All of which is to say (and going back to your knife analogy), Facebook is no more allowed to publish illegal housing ads than a switchblade manufacturer is allowed to sell switchblades in my state. If someone with a switchblade goes on a murder spree, the manufacturer likely won't be on the hook for the murder, but they will be pursued for the crime of having sold an illegal weapon. Likewise, while Facebook isn't on the hook for the poster's crime, they are on the hook for their own crime of unlawfully printing a discriminatory ad.

    5. Re: Good by Anonymous Coward · · Score: 0

      So you think big corporations should be allowed to break local ordinances and even state laws just because they are big and stupid dinosaurs who find following the law hard?

      Scumbag Zuckerberg can identify and track individuals across the net who have never had a FB account but he cant follow the law because boo hoo that is hard?

      Get real. If Zuckerbergs business model requires breaking the law then the law wins, he doesnt get to do it anyway because he finds the law inconvenient.

    6. Re: Good by jedidiah · · Score: 2

      No. We rationally acknowledge that they exist in multiple jurisdictions at the same time.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Good by Anonymous Coward · · Score: 0

      Nothing in the referenced legislation states that you cannot limit the circulation of an advertisement based on, well, anything. It isn't the CONTENT of the ads that HUD takes issue with, here. It is the circulation thereof.

      It's like HUD is saying if you present an advertisement to one person, you must present it to all people.

    8. Re:Good by Anubis+IV · · Score: 1

      Sorry, allow me quote the very next sentence from the above-linked document. I left it out previously for the sake of brevity since I figured no one would try to split hairs over it, but clearly I was wrong:

      Such unlawful activity includes “[s]electing media or locations for advertising the sale or rental of dwellings which deny a particular segment of the housing market information about housing opportunities because of race, color, religion, sex, handicap, familial status, or national origin.” 24 C.F.R. 100.75(c)(3).

      So, actually, it does say something about the circulation of ads.

    9. Re:Good by dnwheeler · · Score: 1

      This then leads to the question of who is doing the publishing? Is Facebook a publisher or are they the newspaper delivery truck and/or newsstand?

    10. Re:Good by Anubis+IV · · Score: 1

      "or cause to be made, printed, or published [...]" would seem to eliminate any contention on that basis. Besides which, it's their platform from end-to-end. While there may be questions regarding which link in the chain of events is the actual act of "publishing", there's no doubt that they're the ones doing it.

    11. Re:Good by dnwheeler · · Score: 1

      But it's the original advertiser that presses the "submit" button that causes the ad to be published. If you ran a magazine but allowed anyone (for a price) to use your equipment to print additional pages and bind them into your magazine, who would be causing those pages to be published? Who published them? Is permitting the same as causing? I don't think these are easy questions with easy answers.

  3. Discrimination, noooo! by Anonymous Coward · · Score: 0, Troll

    As a Republican crybaby I can only ASSUME this was aimed at meeeeeeee... the only REAL victim in the world, an uneducated inbred red state conservative whiner who spends his days lying online! HELP MEEEEEE

    1. Re:Discrimination, noooo! by Anonymous Coward · · Score: 0

      As a Republican crybaby I can only ASSUME this was aimed at meeeeeeee... the only REAL victim in the world, an uneducated inbred red state conservative whiner who spends his days lying online! HELP MEEEEEE

      What color is the sky on Planet ProgressiveBaby?

      You sure as shit don't live on Earth, you sheltered suburban beneficiary of white privilege who's known nothing in your silver-spoon existence other than American prosperity.

      You are too fucking stupid to even realize how fucking good you have it when your biggest problems are how much virtue signalling you're going to do today over how climate is killing polar bears and other deliberately-progtard-trolling fake news designed to attract your squirrel-sized attention span.

      You did notice fake-news pushing MSNBC lost what? 50% of it's viewership when the lies they were pushing about collusion were unmasked?

      Or are you also too stupid to notice how the media is trolling you dumbasses for page views and advertisement dollars?

    2. Re: Discrimination, noooo! by Anonymous Coward · · Score: 0

      Idiots are still useful. Viewership that has fallen off a cliff was still wonderful for short term profit.

    3. Re:Discrimination, noooo! by Anonymous Coward · · Score: 0

      LOL it's funny because it's true! Especially the contrast between the persecution complex of the straight white Christian Americans, who could only be more privileged and powerful if they were also rich - which many are, and the denial of the effects of all the varieties of discrimination they perpetrate on just about everyone else. This is prime copypasta material, applicable to a wide range of topics!

    4. Re:Discrimination, noooo! by Anonymous Coward · · Score: 0

      I usually hate trolls but this hits the nail on the head. I see so many people complain about how IT'S THE BLACKS THAT'S RACIST NOT ME, IT'S NOT FAIR FOR ME! Wow, if you're white in America and failing it's because you're weak and not very likable. The same people who complain that welfare recipients should just WORK HARDER cry that life isn't fair and the government isn't fair to them. Get a grip and accept you're a loser.

  4. Ben Carson is alive by Anonymous Coward · · Score: 0

    Despite reports of his death, Ben Carson is alive.

    His brain is not confirmed.

    1. Re:Ben Carson is alive by Kyr+Arvin · · Score: 1

      He wasn't dead, he was hibernating.
      Did you see him during the presidential campaign? He was so sleepy.
      Now he's had his nap and you're going to see a whole new Ben Carson.

  5. Wouldn't it be the people doing the discriminating by Toxiz · · Score: 4, Interesting

    I'm the last guy to defend facebork, but... If someone misuses the advertising tools on a platform to break the law, wouldn't that person/company be responsible for breaking the law? Why would facebook be liable for having a wide range of advertising options available to people selling an enormous range of things, in which housing is a tiny percentage. This is akin to going after google because someone sent a hate email from gmail. -T

  6. Reeeheheheeally? by BringsApples · · Score: 1

    I wonder what else they allow their subscribers* do with their product**.

    *anyone who will pay for their product do with their product
    **(facebookers data).

    --
    Politics; n. : A religion whereby man is god.
    1. Re:Reeeheheheeally? by Krishnoid · · Score: 1

      I thought Facebookers (and non-Facebookers that Facebook tracks anyway) attention/engagement were the product.

    2. Re:Reeeheheheeally? by BringsApples · · Score: 1

      Facebook doesn't sell people, silly.

      --
      Politics; n. : A religion whereby man is god.
    3. Re:Reeeheheheeally? by Anonymous Coward · · Score: 0

      Facebook doesn't sell people, silly.

      Yet.

  7. Easy Fix by eepok · · Score: 3

    While setting up the advertisements, require the poster to agree that "The advertising of my product or service is not restricted by any fair access law such as... blah blah blah. I understand that adherence to any applicable laws regarding... is my responsibility and not that of Facebook."

    And that's all that should happen. Facebook shouldn't be fined or have to go to court unless the City of Los Angeles can be sued for "allowing" someone to post a room rental advertisement on a lamp post despite it clearly reading "Mexicans need not apply."

    1. Re:Easy Fix by ShanghaiBill · · Score: 3

      Facebook shouldn't be fined or have to go to court unless the City of Los Angeles can be sued for "allowing" someone to post a room rental advertisement on a lamp post despite it clearly reading "Mexicans need not apply."

      Poor analogy, since the City of Los Angeles is not an active participant in the discrimination, while Facebook is.

      Better analogy: For a fee, the City of Los Angeles will let you put an ad on a lamppost, and station a policeman at the lamppost to make sure that no black or Hispanic people see it.

    2. Re:Easy Fix by Krishnoid · · Score: 1

      Well yeah, because there's nothing wrong with that, as it doesn't actually convey the message to the target audience. It should say "Los Mexicanos no necesitan aplicar" -- *then* there's a problem.

    3. Re:Easy Fix by AmiMoJo · · Score: 1

      Facebook requires the advertiser to declare the type of ad, in this case housing, and the type of business. They use that information to set rates. For some reason they don't use that information to limit what targeting options are available.

      They say they care and want to stop this happening. They have had years to do something about it. Fuck 'em.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  8. There exists a simple solution. by Anonymous Coward · · Score: 0

    Stop using Facebook already and block all of the tracking they excrete all over the web.

    It's long past time.

  9. Re:Wouldn't it be the people doing the discriminat by ShanghaiBill · · Score: 5, Informative

    If someone misuses the advertising tools on a platform to break the law, wouldn't that person/company be responsible for breaking the law?

    Yes, the advertiser is responsible. But the publisher is ALSO responsible, and this is not an "on the internet" thing. Newspapers have been held responsible for publishing illegal ads.

    Why would facebook be liable for having a wide range of advertising options available to people selling an enormous range of things, in which housing is a tiny percentage.

    There are specific laws about discrimination in housing, employment, and lending. The targeting that Facebook allows for other ads should not be allowed for these.

    This is akin to going after google because someone sent a hate email from gmail.

    No it isn't. First, sending hate mail is not illegal, while housing discrimination is. Second, Google is not providing a mechanism to specifically target hate mail at designated groups. Yet that is what Facebook is doing.

  10. Re: Facebook Aided & Abedded Bigotry by Anonymous Coward · · Score: 0

    It's like the City of LA notorized all those No Mexican signs and approved its posting. Yeah they're fucking culpable you racist cunt.

  11. Re:Wouldn't it be the people doing the discriminat by Anon-Admin · · Score: 1

    The only way I see FB being liable is if the selection for Housing rentals required you to select fields such as the age/race/etc of the people to show it to and did not have an option for "Show it to everyone." Which would not surprise me.

  12. Get ready for a whopping fine by Anonymous Coward · · Score: 0

    Get ready for one of them jumbo, USA-sized fines. Probably like $1M or something. Wow, so big. Much deterrence.

  13. Non-sense by Anonymous Coward · · Score: 0

    The part about ZIP Code is non-sense, would it be discriminatory for a car company to show ads in movie theaters in certain area and not in another one ?

    1. Re:Non-sense by rickb928 · · Score: 2

      Housing discrimination based on location (ZIP Code) is prohibited, commonly called 'redlining'. It has been used to both promote neighborhood racial discrimination and economic discrimination, and has been used by lenders, thereby including fair credit laws as violations.

      It's not at all new. In fact, limiting MLS searches to specific area or ZIP codes is reasonable if buyers are looking for a specific location, but a salesperson should never discourage a potential buyer from an interest in a particular location. Most permitted communications would be focus on disclosable information, such as nearby airports, hazardous waste sites, planned road construction, but never on demographics such as average age, income levels, nationality, or even the proximity of churches or similar identifiable indicators of protected classes. It's even somewhat risky to point out proximity to services such as bus stops and government offices.

      Fair housing laws are not as simple as many think.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  14. What is the technical fix? by presidenteloco · · Score: 1

    How do you allow advertisers to target, say, latin-dancing party ads to a market segment "interested in Hispanic culture" without permitting the kind of discrimination talked about? Do you just not allow the NOT operator in the targeting? or don't allow NOT in front of a set of protected categories?

    Maybe it's just that simple. Thoughts, all you clever data types?

    --

    Where are we going and why are we in a handbasket?
    1. Re:What is the technical fix? by DRJlaw · · Score: 2

      How do you allow advertisers to target, say, latin-dancing party ads to a market segment "interested in Hispanic culture" without permitting the kind of discrimination talked about?

      The kind of discrimination talked about being Fair Housing Act-related discrimination?

      I believe that you do it by not advertising housing... which latin-dancing party ads would not be doing.

      It's less fun when you don't get to make-up overly broad forms of unlawful discrimination, I know...

    2. Re:What is the technical fix? by PuckSR · · Score: 1

      You can still "target" your latin-dancing party. You can target "only white people" if you want to advertise your "Better Homes and Gardens" cookbook. You can target people for all kinds of ads, legally.

      The law is only about housing.

      This is pretty simple. We have some advertising laws in the USA.
      You can't target housing ads towards certain ethnic groups
      You can't target tobacco at children
      You can't advertise medication without listing all side-effects
      etc

      Facebook fucked up by using a generic form for all advertising. They didn't perform their due diligence and verify that they were complying with the advertising laws. This is a REALLY STUPID mistake on Facebook's part.

    3. Re:What is the technical fix? by Anonymous Coward · · Score: 0

      That targeting is fine for dance party ads. It is not fine for housing ads. There are special laws for housing ads that don't apply to dance parties. That's already been explained multiple times in this thread.

  15. Re:Wouldn't it be the people doing the discriminat by bhcompy · · Score: 1

    The question is do other mediums vet advertising for this by courtesy or by law/regulation? Newspapers, mailers, television, etc. Facilitating this activity may be covered by the law or at least covered by industry best practices, and we all know that Facebook has no concept of best practices, so the only way to enforce them is to force them via the legal system.

  16. But that would be pretty easy to get around by presidenteloco · · Score: 1

    by positive targeting on stereotyped "white people" interests, I suppose.
    I guess you have to ban all culture-indicating tags from housing and similar opportunity (e,g, employment) ad targeting.

    --

    Where are we going and why are we in a handbasket?
  17. Build to discriminate against White Christians by Anonymous Coward · · Score: 0

    But turns out people can throw a big NOT in front of that, and there's the problem.

    If it was just excluding White Christian Males, that would be A-OK.

    1. Re: Build to discriminate against White Christians by Anonymous Coward · · Score: 1

      Mahhhhhh rights!!!! Wahhhhhh!!!

      You repubtards are so fickle. Have owned the US for 200+ years, but still complain. Fucking pitiful.

    2. Re: Build to discriminate against White Christians by Anonymous Coward · · Score: 0

      Mahhhhhh rights!!!! Wahhhhhh!!!

      You repubtards are so fickle. Have owned the US for 200+ years, but still complain. Fucking pitiful.

      So it's OK for brownskins to take the US from the whiteskins but not OK for whiteskins to take it from the redskins? Uh, OK. Typical hypocritical racists.

  18. Which means FB has to be knowing/asking by presidenteloco · · Score: 1

    what category of product or service or influence campaign etc the ad is about.
    That's some pretty heavy AI, unless they ask advertisers to self-disclose in some official form what kind of ad this is, which seems impractical to enforce.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Which means FB has to be knowing/asking by DRJlaw · · Score: 1

      That's some pretty heavy AI, unless they ask advertisers to self-disclose in some official form what kind of ad this is, which seems impractical to enforce.

      Why is it limited to AI and self-disclosure? How is compliance impractical to enforce? Was it impractical for radio, newspapers, magazines, and television to enforce? Classified advertising ring a bell?

      Is there some law that says that once you move onto the internet you suddenly have no duty to put actual human thought into the transactions that you yourself are engaging in? Hint: No. Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008) (en banc) remains as valid precedent.

      This is not a user posting on their "wall" or "timeline" or into a Facebook group. This is Facebook actively selling the delivery of messages to selected users (algorithmically, yes) in particular transactions for particular amounts of cash.

      Surprise. Internet exceptionalism has limits, and this is one of them.

  19. Re:Wouldn't it be the people doing the discriminat by bluefoxlucid · · Score: 2

    Google is not providing a mechanism to specifically target hate mail at designated groups. Yet that is what Facebook is doing.

    Google is providing a mechanism to target media to designated groups. That media could be in their interest and nobody else's, or it could be in everybody's interests but the entity producing the ad doesn't want to deal with those groups.

    One of these is legal and the other isn't. Facebook's platform can't inherently discriminate between these two things at the moment: unlike with a newspaper, Facebook ads can go out without Facebook's human-driven review.

    What if someone e-mailed child pornography through gmail?

  20. "Shanghai" Bill is a known liar many times over. by Anonymous Coward · · Score: 0

    Bill got caught lying 12-25 times repeatedly stating "Blood plasma is sterile" and then later that "The Chinese Govt does not directly censor Chinese citizens" and other absolute bullshit head-in-ass retard-level lies. You're not trustworthy.

    You are not a source of information that anyone should or even could trust, knowing your dishonest history. Sorry. That's what accountability means when you get caught lying repeatedly, over and over, even after directly corrected.

        You're a liar, Bill.

  21. Re:"Shanghai" Bill is a known liar many times over by Anonymous Coward · · Score: 0

    So are you a bot or do you just not have anything better to do?

  22. "Shanghai" Bill is a known liar many times over. by Anonymous Coward · · Score: 0

    Bill got caught lying 12-25 times repeatedly stating "Blood plasma is sterile" and then later that "The Chinese Govt does not directly censor Chinese citizens" and other absolute bullshit head-in-ass retard-level lies. You're not trustworthy.

    You are not a source of information that anyone should or even could trust, knowing your dishonest history. Sorry. That's what accountability means when you get caught lying repeatedly, over and over, even after directly corrected.

    You're a liar, Bill.

  23. Re:Wouldn't it be the people doing the discriminat by ShanghaiBill · · Score: 2

    What if someone e-mailed child pornography through gmail?

    If Google assisted the kiddie porn distributors by providing a mechanism to target people likely to have a preference for pre-pubescents, then I think it would be reasonable to hold Google partially responsible.

  24. Re:Wouldn't it be the people doing the discriminat by Anonymous Coward · · Score: 0

    What if someone e-mailed child pornography through gmail?

    Google isn't giving me a list of criteria to evade potential CP-reporting folks. Facebook (un)knowingly allowed the data they possess to be used in a discriminatory fashion, one of which clearly violates laws of advertising to or against specific traits.
    I'm sure if Google gets reports of CP from Gmail accounts they reserve the right to terminate those account. In fact, almost all ISPs have a specific role in their abuse departments to deal with this exact type of problem. Facebook OTOH may not have that and even if they did they were doing a piss poor job policing how advertisers could use the data Facebook offers.

  25. Re:"Shanghai" Bill is a known liar many times over by Anonymous Coward · · Score: 0

    So are you a bot or do you just not have anything better to do?

    He is not a bot. A few times he has slipped up, and posted his troll about SuperKendall on a post by ShanghaiBill, and vice versa. A bot would not make that mistake.

    He is just an idiot incel wasting his life.

  26. Should be illegal for facebook to classify by race by Anonymous Coward · · Score: 0

    Facebook should have to exclude racial metrics completely for advertising targeting. And the machine learning algorithm should be barred from making racial distinctions for users. Use the likes and dislikes of the user to target adverts, not the user's race

  27. Re:"Shanghai" Bill is a known liar many times over by Anonymous Coward · · Score: 0

    Actually, never done that, lol.. Kendall herself (yes) and her swastika-spamming fagpals sometimes try to impersonate my verbage with cut/paste but they're pretty obvious when they do it as far as I've seen. You were fooled, lol.

    You must be new here. I've been watching Bill and Kendall lie here for what, 20 years?

  28. A moral responsibility by FeelGood314 · · Score: 1

    When you are providing advertising you are responsible for how those ads are used on your platform. There are many products that are essential to participating in society. Housing, banking, credit, education and transportation would usually fall in this category. If you are advertising these products you have a moral responsibility to do so in a way that is not detrimental to society.

    While we are investigating facebook though we also should go after credit bureaus for selling income and risk based zip code lists to allow targeted advertising of loans and credit. I suspect there are number of other companies also guilty of these types of systemic discrimination. Facebook didn't invent it, they just do it better.

  29. such bullshit by Anonymous Coward · · Score: 0

    Facebook is a /private company/.
    They can choose their advertisers any way they want.
    They can provide any data they want to advertisers and allow them to select their target demographics any way they want from among facebook's /private/ userbase.

    Facebook is not a public service, public utility, FCC-licensed-broadcast-entity, nor any such things that should have to have its content, its advertiser's content, or user content be regulated. 1st amendment should simply be it.

    No one /has/ to have a facebook account, nor look at the ads on it.
    No one has to even use facebook to search for housing--in fact, I would not even think of facebook as a resource when searching for housing to begin with, and I'd be surprised if any significant amount of people do--there's plenty of other sites and resources that specifically tailor to the housing market.

  30. Free society vs. Landlordism by Anonymous Coward · · Score: 0

    The idea of an egalitarian society is at odds with a society that protects profit motivated behavior. This is especially visible in areas that people can't easily opt out of, like housing, healthcare, food, energy and media.

    Surely many of you believe that an individual's choices are sacrosanct. That we should be free to make a living however we choose based on currently accepted property laws. And I would go as far to say is that without agency we're merely chattle.

    At the same time there is a problem when our individual choices harm the collective. If we are indeed a civilization, then there must be some sense that each of us have a duty to protect this cherished institution.

    It's the death by one thousand cuts when we exclude people from participating in our economy, society, and culture. And for what? Not to here thumping tuba music down the block when a family celebrates their daughter's Quinceañera? How petty. No, how antisocial and destructive.

  31. Re:Wouldn't it be the people doing the discriminat by rickb928 · · Score: 1

    Actually, if Facebook permits directing housing ads based on zip code, that's prohibited. They are liable if they knowingly permit the practice.

    The solution would be to deny housing advertisers the ability to target or restrict based on prohibited criteria, that is, not giving them the options. A small matter of programming. And since they already scan and censor based on content, then even the content could be their responsibility. they do it in other reals, for other reasons. No excuses.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  32. Re: "Shanghai" Bill is a known liar many times ove by Anonymous Coward · · Score: 0

    25 years. Saw them lying in Usenet back in the day.

    Kendall was actually a member of the KKK for 10 years. Rising to the ranks of "Dick handler". His goal was to make sure every white man got their dicks sucked for at least 10 minutes. What courage. He did this all by himself. He is responsible for over 10 million dick suckings a month. A breast of fresh cock.

  33. "when they are completely exonerated" -When, lol? by Anonymous Coward · · Score: 0

    “while this report does not conclude that the President committed a crime, it also does not exonerate him” - BOB MUELLER, himself, executioner of traitors.

  34. Re:Wouldn't it be the people doing the discriminat by PuckSR · · Score: 1

    Then you don't understand the law.

    There is an EXPLICIT law that says that advertisers(facebook and google are advertisers) cannot target certain types of ads.
    If they even ALLOWED the targeting, it would be illegal.
    Similarly, many countries have laws that you cannot target children with smoking ads. If Facebook allowed tobacco companies to buy ads targeting children, they would be in deep shit

    The problem is that Facebook naively didn't check the law about housing advertisement. This is a GIANT FUCK-UP on Facebook's part.

    I understand that you want to default to the classic "safehaven" position, but that doesn't apply. Facebook isn't an internet forum when they post ads. They are an advertising company and advertising companies have been regulated for over a century.

  35. Re:Wouldn't it be the people doing the discriminat by Anonymous Coward · · Score: 0

    If an employer knows your marriage status before hiring you are they automatically guilty of discriminating based on marriage status?

    Absolutely, and they are liable too. "That isn't fair" and I don't give a flying shazbot about whether or not you think that is or is not fair, you are more than capable of paying someone to do a phone screen and do a background check on a potential employee.

    The problem with Facebook is not that they are discriminating against people, it's that they are providing private information users have volunteered to the service to advertisers and allowing them to determine who they want to advertise to based on that.

  36. Re: "Shanghai" Bill is a known liar many times ove by Anonymous Coward · · Score: 0

    Why do you care about either? I have been here since shortly after launch, btw, but see no value in stalking someone no matter how stupid I think they are or,how much they lie.

    You just end up in grits in her pants territory. I do not understand.

  37. Re:Wouldn't it be the people doing the discriminat by tsqr · · Score: 1

    sending hate mail is not illegal, while housing discrimination is

    This brings up an interesting point. Apparently (courtesy of Jussie Smollet), mailing yourself threatening letters and using them in a false police report constiutes mail fraud, a Federal crime. I'm idly wondering if a person can commit mail fraud by way of email. There are plenty of articles about "email fraud", but they're mostly about how to avoid falling victim to a scam. I've never run across a reference to laws or criminal penalties for any kind of email fraud.

  38. Re:Wouldn't it be the people doing the discriminat by Anubis+IV · · Score: 1

    If someone misuses the advertising tools on a platform to break the law, wouldn't that person/company be responsible for breaking the law?

    Yup. But that doesn't absolve anyone else of the legal responsibilities they may have.

    Why would facebook be liable for having a wide range of advertising options available to people selling an enormous range of things, in which housing is a tiny percentage.

    Because the law specifically includes the companies printing the ads. It's assumed that people will break/be ignorant of the law, so the law went a step further and placed a legal obligation on publishers running housing ads to abide by the same non-discriminatory terms. If you're a publisher who wants to run housing ads, them's the rules. If you don't like the rules, don't run housing ads (or other ads with similar conditions, such as job postings, financial offerings, etc.) and you won't be on the hook.

    This is akin to going after google because someone sent a hate email from gmail

    That analogy is so far off-base it's hard to know where to start. Setting aside the fact that hate mail isn't illegal in the US, the more important distinction is that e-mail in no way resembles the sorts of "notices, statements, and advertisements" covered by the Fair Housing Act. The FHA does nothing to prevent you from privately offering housing to someone on a discriminatory basis. For instance, if you want to privately offer your spare bedroom to someone you met through church/Black Panthers/Boy Scouts/KKK, the FHA isn't going to force you to advertise the room publicly instead. E-mail—which only goes to the individuals you specify—behaves more like a private conversation than as an advertisement, so it wouldn't be covered.

  39. Re:Wouldn't it be the people doing the discriminat by Anubis+IV · · Score: 1

    Actually, re-reading that last point of mine, I know what I was getting at, but I got it wrong when I typed it up. REALLY wrong. Obviously not a lawyer.

    So, to correct myself: it's illegal to deny someone housing on the basis of race/religion/gender/etc., regardless of if you've posted an ad or not. Likewise, it's illegal regardless of whether you do so verbally or in a written form.

    The point I was trying—but failed woefully—to get at is that there's nothing stopping you from offering a room to a specific person, even if you met that person through an organization that is discriminatory. There's nothing about offering it to them that is denying the housing to others on a discriminatory basis. Rather, it's being denied to others because they lack the personal relationship you two already have, which is an acceptable reason for excluding them. That said, posting an ad for a roommate at your organization's HQ but nowhere else would be illegal, since the act of doing so inherently discriminates against the people who are not welcome in your organization.

    Hopefully those corrections and clarifications help. Sorry for the gross inaccuracies in my initial post.

  40. Re:Wouldn't it be the people doing the discriminat by pr0fessor · · Score: 1

    That and I'm not entirely certain about the Zip code. Facebook is very big and advertising to everyone everywhere as apposed to only those in the area would be huge difference in cost especially for those with just a couple rental properties. There is no law requiring them to advertise in every news paper and not just the local paper or just the local radio.

  41. Re:Should be illegal for facebook to classify by r by Impy+the+Impiuos+Imp · · Score: 1

    Likes and dislikes were listed as parts of the abuse, such as a user liking (some cultural thing) that tend to be liked, or not, by certain races.

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  42. Again? by chiefcrash · · Score: 1

    They literally just settled a lawsuit from last year about this: https://nationalfairhousing.or...

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  43. Re:Wouldn't it be the people doing the discriminat by Antique+Geekmeister · · Score: 1

    There are precedents that specifically protect online services from responsibility from such ads, where the publisher has been deemed to be the advertiser. See this article from 2008.

    https://www.reuters.com/articl...

    This will be very interesting to see play out in court.

  44. Re:Wouldn't it be the people doing the discriminat by rtb61 · · Score: 1

    That is not the out, there is one but that is not it. I would say what it is but the Facebook crew are a pack of privacy invasive cunts and they deserve to be prosecuted in every way possible.

    I think it is particularly cruel to exclude people from certain postcodes. Seriously, WTF?, people live in a shitty neighbourhood and want to move out and a multi-billion dollar corporations tries to stop them, what a pack of arseholes. You could have moved to that postcode by mistake, not knowing how bad it is but once you have moved there in you are not allowed to move out, that is just fucking awful, they should be sued, heh, heh.

    What Facebook were doing was promoting criminal activity by offering to serve a criminal outcome. It was illegal, Facebook sought to do a end run around the law and promote criminal activity (which is a crime), so that makes them an accessory to that crime, before the fact.

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  45. Complaining about not being advertised to by Anonymous Coward · · Score: 0

    Fucking hell.

  46. Re:"when they are completely exonerated" -When, lo by Shotgun · · Score: 1

    Since your President wasn't executed, can we then conclude that he is not a traitor.

    And read the context of you copy-pasta, which was carefully chosen to reflect alternate facts. Bob Mueller was saying that he didn't want to be the one making the decision and turned it over to the AG. The AG then made the decision. NO OBSTRUCTION.

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