London Daily

Focus on the big picture.
Saturday, Feb 22, 2025

Facebook’s Privacy Settlement Argued Consumers Were Never Harmed. Experts Disagree

Facebook’s Privacy Settlement Argued Consumers Were Never Harmed. Experts Disagree

Facebook’s $5 Billion Privacy Settlement Argued Consumers Weren’t Harmed. Experts Think the Damage Was Incalculable

New documents reveal that Facebook didn’t think it harmed consumers when it allowed data from up to to 85 million accounts to be harvested by data analytics firm Cambridge Analytica in 2016.

The argument, which was documented in a February 2019 white paper obtained by The Washington Post, was part of the Federal Trade Commission’s probe into Facebook’s privacy practices that ended with a record fine of $5 billion.

At the time of the white paper, the FTC reportedly was considering hitting Facebook with a fine of tens billions of dollars—a punishment Facebook's lawyers deemed as "unconstitutional" and "unlawful." Vying leniency, Facebook’s lawyers argued that the company didn’t profit from the alleged violations of user privacy, and that consumers didn’t suffer personal injury, according to the Post.


But some privacy experts vehemently disagree.

“Personal information about political affiliation was used to micro-target people, based on the preferences and knowledge that Cambridge acquired illegally,” said David Vladeck, a Georgetown Law professor who served as the director of the FTC’s Bureau of Consumer Protection from 20019 to 2012, “The idea that that has no value… is simply ridiculous.”

Vladeck said that the damage associated with lost data often times is impossible to fix, and therefore equally impossible to quantify in dollars. But that doesn’t mean there's been no harm, he said.

As an example, he referred to Ashley Madison, the website that facilitated affairs for married people. In 2015, hackers leaked personal information, including full names and email addresses, of 36 million people using the service. The result was irreparable harm that included destroyed marriages and even suicides, Vladeck said.

“How do you monetize losing a loved one?” he said.

In Facebook’s case, personal data was used to influence people’s votes in the 2016 presidential election: “Who knows what they would’ve done if they hadn’t seen the ads,” Vladeck said.

Jim Steyer, CEO of Common Sense Media, said Facebook’s attempted defense is a clear sign that even stricter regulations should be imposed on the company.

“What Facebook's very own words show is exactly what we've been saying for years, which is that this company does not believe violating the privacy of consumers is harmful,” he said. “Their business model is based on the data of its users and they are going to continue to do everything they can to profit off of the information they collect."

And Facebook users are still claiming harms by Facebook, according to The Electronic Privacy Information Center.

The organization said it has uncovered more than 32,000 complaints against Facebook, many of which are related to privacy. Since the FTC settled with the company, EPIC has urged the House Appropriations Committee to further investigate the complaints.

But Chris Hoofnagle, faculty director of the Berkeley Center for Law & Technology, said Facebook’s defense is a “perfectly fine legal argument.” That’s because it attempts to address two of the FTC’s factors in determining a civil penalty: whether there was injury to the public and whether there was a desire to eliminate the benefits derived by the violation.

Jane Bambauer, director of the Program on Economics & Privacy at George Mason University Law School, said that in cases like Facebook’s, defining “harm” is becoming increasingly difficult and complex.

Either way, the fact that Facebook used the argument in an attempt to lower a potential fine was pointless, said Georgetown’s Vladeck. The Cambridge Analytica incident proved that Facebook had broken an earlier agreement it made with the FTC about how it would manage users’ data, thus the fine, he said.

“It’s not intended to compensate consumers,” Vladeck said. It’s “to punish Facebook for violating its consent decree… and to send signals to other actors in marketplace, which is, ‘Don’t be Facebook.’”

Newsletter

Related Articles

0:00
0:00
Close
UK Prison Officer Sentenced for Inappropriate Conduct with Inmate
Good News: Senate Confirms Kash Patel as FBI Director
Officials from the U.S. and Hungary Engage in Talks on Economic Collaboration and Sanctions Strategy
James Bond Franchise Transitions to Amazon MGM Studios
Technology Giants Ramp Up Lobbying Initiatives Against Strict EU Regulations
Alibaba Exceeds Quarterly Projections Fueled by Growth in Cloud and AI
Tequila Sector Faces Surplus Crisis as Agave Prices Dive Sharply
Residents of Flintshire Mobile Home Park Grapple with Maintenance Issues and Uncertain Future
Ronan Keating Criticizes Irish Justice System Following Fatal Crash Involving His Brother
Gordon Ramsay's Lucky Cat Restaurant Faces Unprecedented Theft
Israeli Family Mourns Loss of Peace Advocate Oded Lifschitz as Body Returned from Gaza
Former UK Defense Chief Calls for Enhanced European Support for Ukraine
Pope Francis Admitted to Hospital in Rome Amid Rising Succession Speculation
Senate Republican Leader Mitch McConnell, at the age of 83, Declares His Retirement.
Whistleblower Reveals Whitehall’s Focus on Kabul Animal Airlift Amid Crisis
Politicians Who Deliberately Lie Could Face Removal from Office in Wales
Scottish Labour Faces Challenges Ahead of 2026 Holyrood Elections
Leftwing Activists Less Likely to Work with Political Rivals, Study Finds
Boris Johnson to Host 'An Evening with Boris Johnson' at Edinburgh's Usher Hall
Planned Change in British Citizenship Rules Faces First Legal Challenge
Northumberland Postal Worker Sentenced for Sexual Assaults During Deliveries
British Journalist Missing in Brazil for 11 Days
Tesco Fixes Website Glitch That Disrupted Online Grocery Orders
Amnesty International Critiques UK's Predictive Policing Practices
Burglar Jailed After Falling into Home-Made Trap in Blyth
Sellafield Nuclear Site Exits Special Measures for Physical Security Amid Ongoing Cybersecurity Concerns
Avian Influenza Impact on Seals in Norfolk: Four Deaths Confirmed
First Arrest Under Scotland's Abortion Clinic Buffer Zone Law Amidst International Controversy
Meghan Markle Rebrands Lifestyle Venture as 'As Ever' Ahead of Netflix Series Launch
Inter-Island Ferry Services Between Guernsey and Jersey Set to Expand
Significant Proportion of Cancer Patients in England and Wales Not Receiving Recommended Treatments
Final Consultation Launched for Vyrnwy Frankton Power Line Project
Drug Misuse Deaths in Scotland Rise by 12% in 2023
Failed £100 Million Cocaine Smuggling Operation in the Scottish Highlands
Central Cee Equals MOBO Awards Record; Bashy and Ayra Starr Among Top Honorees
EastEnders: Four Decades of Challenging Social Norms
Jonathan Bailey Channels 'Succession' in Bold Richard II Performance
Northern Ireland's First Astronaut Engages in Rigorous Spacewalk Training
Former Postman Sentenced for Series of Sexual Offences in Northumberland
Record Surge in Anti-Muslim Hate Crimes Across the UK in 2024
Omagh Bombing Inquiry Concludes Commemorative Hearings with Survivor Testimonies
UK Government Introduces 'Ronan's Law' to Combat Online Knife Sales to Minors
Metal Detectorists Unearth 15th-Century Coin Hoard in Scottish Borders
Woman Charged in 1978 Death of Five-Year-Old Girl in South London
Expanding Sinkhole in Godstone, Surrey, Forces Evacuations and Road Closures
Bangor University Announces Plans to Cut 200 Jobs Amid £15 Million Savings Target
British Journalist Charlotte Peet Reported Missing in Brazil
UK Inflation Rises to 3% in January Amid Higher Food Prices and School Fees
Starmer Defends Zelensky Amidst Trump's 'Dictator' Allegation
Zelensky Calls on World Leaders to Back Peace Efforts in Light of Strains with Trump
×