Publishings Digital Citizen

Public Knowledge joined by the Consumer Federation of America, the Center For Digital Democracy, Consumer Action, Consumer Federation of California, and the Privacy Rights Clearinghouse writes a letter urging the Federal Trade Commission Acting Chairman, Maureen Ohlhausen, to protect consumer privacy. The letter is asking the FTC Chairwoman to publicly and expeditiously resolve a pending complaint concerning cable TV and satellite TV privacy. --- June 12, 2017 Maureen Ohlhausen Acting Chairman Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 Dear Acting Chairman Ohlhausen: The Federal Trade Commission (FTC) has long protected consumer privacy, in tandem with other agencies, and you recently reiterated your dedication to protecting consumer privacy in the digital age through FTC enforcement. We therefore urge the FTC to quickly resolve the complaint filed one year ago by a coalition of consumer advocates. The complaint provides evidence that the nation’s cable and satellite providers have and continue to deceive consumers about their privacy practices by failing to provide adequate notice, in violation of Section 5 of the FTC Act. Since the complaint was filed, leading Internet Service Providers, cable and telephone companies have significantly expanded their ability to gather, analyze and make actionable data that is used to target subscribers, their families, and other consumers. --- See the link below for the full PDF of the complaint.

Facebook should immediately release all documents describing how it collected and analyzed psychological information it recently (link is external) collected about its youngest users, some as young as 14, and college students, Public Citizen and a coalition of 25 groups said in a letter (link is external) to the corporation today. The groups are concerned about how this information might have been used or may be used in the future by marketers and others to take advantage of young people’s emotions, all without users’ knowledge. Marketing companies and Facebook have secretly moved to tap into teens’ emotions and developmental vulnerabilities strictly for profit, the letter says. The groups want to know how the data was used, when it was used, how many users were impacted and the names of the companies that received the data. “What began as a way for college students to keep in touch has morphed into a platform for brand-saturated marketing and psychological manipulation,” said Kristen Strader, campaign coordinator for Public Citizen’s Commercial Alert campaign. “It is incumbent upon Facebook as a cultural leader to protect, not exploit, the privacy of young people, especially when their vulnerable emotions are involved.” According to The Australian (link is external) newspaper, Facebook presented research to one of its advertisers that shows it collects sensitive data regarding young users’ emotions and “mood shifts.” The research detailed how Facebook can analyze sensitive user data in real time to determine how young users are communicating emotion, and at which points during the week they are doing so, the letter continued. Facebook’s research was conducted without users’ knowledge, which raises ethical concerns. “Because Facebook plays such a powerful role in the lives of teens, it must adopt a policy that respects and protects them,” said Dr. Kathryn Montgomery, professor of communication at American University and a consultant to the Center for Digital Democracy. “This should include not only strong safeguards for its advertising and data practices, but also clear limits on the kinds of research it conducts for marketing purposes. Under no circumstances should marketers be using emotional states, stress levels, biometric information or other highly sensitive data to target users. And this should apply to both young people and adults.” “Facebook needs to come clean and publicly release the full internal document, reported in The Australian, describing how Facebook collected and analyzed psychological information on high school students, college students and young users, said Finn Lützow-Holm Myrstad, European Union co-chair of the Transatlantic Consumer Dialogue. “The burden of proof is on Facebook to document publicly that they don’t collect and use such information. We are concerned that companies don’t overreach and abuse their users’ fundamental right to privacy and data protection.” The public, its users and elected officials have a right to know how pervasive this research was, who was affected and how the company will ensure it does not occur again, the groups said. The only way to fully address those concerns is to publicly release the internal document and related materials, accompanied by a more detailed explanation from Facebook of what was intended, what happened and the company’s actual practices, the letter says. —30— --- See full PDF of letter to Facebook below.

The ease of promoting and profiting from fake news (link is external), the use of social media to spread disinformation and twist the truth and the ability to microtarget voters on all their devices reveal how political campaigns and special-interest groups are taking full advantage of the “Big Data”-driven digital marketing system that Google and Facebook have helped unleash. Campaigns now have needle-in-the-haystack capabilities, provided by commercial marketing and media companies, to find and motivate an individual voter. The Trump team (link is external), for example, was able to identify someone from rural America who felt “disenfranchised (link is external),” had not voted in recent elections (and didn’t show up in polls as a likely voter), and then use a data-and-digital-concocted brew to trigger emotions and behavior (link is external). Behind the digital curtain that informs and entertains is a commercial surveillance system whose function until recently has been primarily to sell us junk food (link is external), credit cards and retail products (link is external). But in 2016, the system was fully deployed for political gain. Just take a look at the techniques used by the Trump, Clinton, Sanders (link is external) and other political campaigns that describe how they reached and influenced voters. They are right out of the digital advertisers playbook: IP address (link is external) targeting, geofencing (link is external), pixel profiles (link is external), Data Management Platforms (DMPs) (link is external), algorithms (link is external), data onboarding (link is external), moment scoring (link is external), header bidding (link is external), and programmatic advertising (link is external). Electoral campaigns — from all sides — are fusing cookies (link is external) (data files placed on our web browsers) with information gathered by consumer data companies (link is external) along with our voter files (link is external), which illustrates how our commercial pursuits and political interests are being merged today. Advances in the best way to use all the information routinely captured and analyzed about us, and which has been greatly expanded by our use of mobile phones and apps, have helped companies to create highly detailed personal dossiers that merge our online and offline information, make predictions about how we — or others like us — will respond, and then orchestrate desired behaviors. Google boasts to its advertisers, for example, that it can help them connect with us in a “micromoment (link is external)” — just at the point when we may make some decision. Facebook, for its part, assures marketers they can use its system to influence the decisions of “real people (link is external).” There is little standing in the way of a Trump, Clinton or any other political effort from easily acquiring access to the huge reams of personal information now available (link is external) through commercial data companies, sold by publishers and online enterprises (link is external) and used to target us (link is external) when we log on to social media such as Facebook. The digital marketing and data industry has largely been immune from any regulation under the Obama administration, either on consumer data collection practices or business operations. The US is still one of the only advanced-economy countries (link is external) without comprehensive privacy legislation (link is external), and what little we have is already under threat (link is external). For the vast majority of Americans, there is practically no legal way to turn off or stem the flow of their information. The government’s “hands-off” approach to how Facebook, Google and the rest of the digital marketing industry operate has helped unleash powerful and unaccountable forces that helped elect our next president. Political campaigns can buy data from internet and other companies about our finances (link is external), health concerns, race, ethnicity (link is external), shopping behavior (link is external) and geo-location, along with what we read online and what our political interests are. Leading data companies including Nielsen (link is external), Neustar (link is external), Oracle (link is external) and Acxiom (link is external) sell this information to political campaigns and others working to influence public opinion. Political data firms such as Cambridge Analytica (link is external), which worked for Trump, layer on predictive modeling and psychological tools (link is external) to help identify “personality traits,” behavior and “what really drives … decision making.” Trump’s White House chief strategist Steve Bannon sits on its board (link is external). This company, which also helped support the Brexit “Leave” initiative (link is external), says it has compiled “5,000 (link is external) data points on over 220 million Americans (link is external).” Cambridge Analytica is the US affiliate (link is external) of the SCL Group (link is external) in the UK, which engages in political (link is external), commercial (link is external) and defense (link is external) work (including “PSYOPS (link is external)” — psychological operations). According to its website, SCL’s specialties include “behavioural polling, behavioural microtargeting, StratCom and target audience analysis” (a service it is helping NATO (link is external) perfect). SCL’s operations illustrate how data analysis is being used today, from trying to win “hearts and minds” in Afghanistan (link is external) to selling us Big Macs or a President Donald Trump. According to the company (link is external), they “combine commercial and public big-data sets with large-scale quantitative research to predict everything from whether people are likely to vote through to what products and services they are most likely to buy.” Its work with political campaigns takes advantage of the “predictive power of data” and uses “physio-lingual analysis tools to uncover subconscious … reasoning (link is external).” Such capabilities benefited Trump, who only won because, as Cambridge Analytica itself wrote (link is external), “The president-elect flipped Florida, Pennsylvania, Michigan and Wisconsin by margins of less than 2 percent. If Hillary Clinton had taken those last three states, she would have won the election. Trump won those three states by a combined margin of approximately 107,000 votes.” The company also explained: The 2016 presidential election showed that the use of data to identify, persuade and turn out voters has become increasingly sophisticated. Cambridge Analytica’s data science, digital marketing and research teams informed key decisions on campaign travel, communications and resource allocation.... Every week Cambridge Analytica collected responses from 1,500 to 2,000 people in each battleground state. It used this research and data to model scores for all voters across key states: which candidate they preferred, which were "persuadable," the issues they cared about and how likely they were to actually vote on Election Day. Every voter in each battleground state was also segmented by ethnicity, religion and the issues that concerned them most…. When, in the final weeks of the race, the firm’s data scientists recalculated voter turnout and recalibrated their models to show how Donald Trump could win, the GOP candidate revisited states like Michigan and Wisconsin…. Online ads placed by the firm were viewed a staggering 1.5 billion times by millions of Americans …. If Hillary Clinton’s campaign was the Titanic, then Donald Trump’s campaign was a speedboat: nimble, flexible and able to adapt fast.” The Trump campaign also used digital targeting to conduct “major voter suppression operations,” according to a report in Bloomberg (link is external), focusing on African-Americans, young women and white liberals — with tools including an onslaught of what are called “dark posts (link is external)” on Facebook. These targeted messages included “a South Park-style animation of Hilary Clinton delivering her infamous 1996 'super predator' remarks." Marketers use dark posts to deliver targeted content to only on the Facebook newsfeeds (link is external) of individuals, not on the ones operated by the companies that generate them. Giles-Parscale, another online marketing firm working for Trump (link is external), was part of “Project Alamo (link is external),” a digital data initiative spearheaded by Trump son-in-law Jared Kushner. “Facebook and Twitter were the reason we won this thing (link is external),” said Brad Parscale, who is now assembling a nonprofit advocacy group (link is external) designed to press Trump’s agenda from outside the White House. How Trump, Kushner and their operatives use the considerable data assets controlled by the White House (which was expanded under Obama (link is external)) and work with their new outside digital operation should raise concerns, at the very least, from civil libertarians and others. Google and Facebook likely will continue to be friendly ports of call for Trump and the GOP. They provide a host of services to both major political parties’ campaigns and have benefited from the Big Money (link is external) pouring into them to target voters online. To help campaigns “understand the influence of digital media and online video in the 2016 elections,” Google hired (link is external) Republican pollster Frank Luntz (link is external), along with Julie Hootkin from the Global Strategy Group (link is external), to offer insights as “guest editors” on the company’s principal website set up for advertisers. Google also promoted (link is external) ways political advertisers could take advantage of YouTube (link is external), its search engine and all its other tools for marketers. It offered this advice: “Voter decisions used to be made in living rooms, in front of televisions. Today, they're increasingly made in micromoments, on mobile devices.” The GOP was reported to have awarded Google a major share of its “largest digital ad deal ever,” earmarking $150 million to buy online video ads, according to Ad Age (link is external) last May. Facebook also offers targeting opportunities (link is external) for political campaigns (link is external), which are encouraged to buy ads and other products to appeal to its more than 162 million US users, enabling campaigns (link is external) to target by age, gender, congressional district and interests. Campaigns can also supply their own data to Facebook, which will help them target (link is external) individuals. Facebook has promoted as an advertising “success” story (link is external) its fundraising targeting for the conservative group Judicial Watch, which included a mobile ad (pictured right) prominently featuring a headshot of Hillary Clinton alongside the headline, “Hillary’s Email Scandal Exposed.” The case study explains, “Advanced matching for Custom Audiences is a targeting tool that allows advertisers to upload multiple data points at once to create an audience on Facebook. Data points include general information like first and last name, ZIP code, state, country, age and gender, and also email, phone number, mobile advertiser ID and Facebook app user ID.” So many companies (link is external) now specialize in or supply data to political campaigns, as well as offer ways to influence (link is external) voters more precisely (link is external). There are even data made available to Republican campaigns by Democratic-oriented companies. For example, data analytics specialist L2 (link is external), which has been helping Donald Trump since early 2015, offers a predictive modeling product (link is external) that scores voters on “likelihood of support” on dozens of issues, including their views of Black Lives Matter, church attendance, fracking, gun laws, gay marriage, the Mexican border wall, transgender bathrooms and many more. HaystaqDNA (link is external), a political data firm started by operatives of President Obama’s previous campaigns, sold some of its own data (link is external) to L2 (and which were used, according to a former Trump data official, to “pinpoint a specific type of would-be supporter.”) But it’s more than just data gathering and online targeting that concerns privacy and democracy advocates. Pursuing monetization at any cost overwhelms what’s left of the boundaries that separate news from advertising or purposefully deceptive content — and the public is being conditioned to accept (link is external) fake as real. The online giants have effectively fashioned a brand-focused online echo chamber

President Trump has killed the first real protections for commercial privacy that Americans have online. Phone and cable giants, allied with the GOP Congressional majority, have just voted to overturn the historic consumer-data safeguards adopted last year by the Federal Communications Commission (FCC). AT&T, Comcast, Verizon—the country’s dominant providers of high speed broadband—along with industry and Congressional GOP allies, intensely opposed the new FCC rule. Why? Merely because it gives Americans some say in whether their sensitive information, such as web browsing activity and geo-location, can be used for digital marketing purposes. That’s right. The new FCC safeguard that was tossed into the legislative waste bin merely says that ISPs must first ask for permission before they can take this personal data in order to target us. Such an “opt-in” approach, requiring prior informed consent, is heretical to digital marketers, whose profits depend on using all of our information without ever really having to ask to do so. Until the FCC stepped in, it was the Federal Trade Commission (FTC) that served as the primary federal agency handling Internet privacy. But unlike the FCC, which can readily issue regulations to protect the public, the FTC is constrained from doing so. More than three decades ago, the advertising industry successfully lobbied Congress to curb that agency’s rulemaking authority (during a fight over another media issue—whether there should be limits on children’s advertising). Primarily, the FTC can only punish companies that engage in “unfair” or “deceptive” acts—such as lying to customers about how they use or protect our information. But if a company writes a privacy policy that basically provides them with unlimited access to all our data—which is what they do—the FTC is basically powerless to do anything at all. Which is why the phone and cable giants—along with Google and Facebook—prefer the FTC. It provides the illusion of having actual oversight and limits, when really nothing much is possible. Under the FTC’s watch, Americans have just experienced an unprecedented loss of their privacy. In the last few years, for example, digital marketers have aggressively pushed the boundaries of what information they gather from us and how it can be used. Our offline and online data is now routinely merged, generating “profiles” that connect our street address to the “cookies” and other online identifiers provided by our digital devices. Our precise geo-location is also regularly captured by mobile phones and “apps” that stealthily send our whereabouts to online companies and retail stores. Massive one-stop data broker “clouds” have emerged that provide reams of information, including about our finances, health, political interests, ethnicity—sold to marketers large and small. Our data “profiles”—digital dossiers—have become invaluable corporate assets that are bought and sold in milliseconds by powerful computers scattered across the globe, our identities traded for profit, as if they are just another commodity. Ongoing advances in how data are analyzed and used—so called “Big Data”—is ushering in even more ways companies can more precisely determine who we are, what we do, where we go, and how we should be treated. The leading phone and cable broadband ISPs have made major investments in tapping into the latest “Big Data” techniques. For example, Verizon recently introduced “Smartplay,” which helps deliver “smarter advertising” by creating what it calls “individual viewer personas that capture viewing history, account profile details and other valuable data….” Comcast Labs employs “Big Data research teams” that have expertise in “machine learning algorithms, forecasting models, intelligent image and video search, automated scene analysis, voice biometrics, recommender systems, personalization, and deep metadata.” AT&T is relying on its “Consumer Insights Platform” team to turn “big data into big insights….” ISPs also partner with leading data providers, such as Acxiom and Oracle, to enhance the robust details they already have about their broadband and video service subscribers. The big ISPs have also been on a shopping spree, acquiring companies that further their digital data advertising clout. Verizon acquired AOL and is now in the process of buying Yahoo; AT&T bought the leading satellite TV company, DirecTV, in part because of its digital ad capabilities; it now wants to fold Time Warner into its empire. Comcast has swallowed up ad-tech companies such as Visible World, FreeWheel, and StickyAds (and its NBC subsidiary has also embarked on its own formidable data-driven ad initiative). It is precisely because ISPs provide us access to residential broadband or wireless networks that they have a unique window into our lives. While Google and Facebook have their own far-reaching capabilities, they are primarily ad-supported marketing companies. When we pay a (hefty) monthly subscriber fee for Internet access, we should not also be exposed to having our Internet provider capture every bit of information it can, let alone tie that data together with what we do when we use our mobile and gaming devices or watch TV. The FCC’s new privacy rule builds on the agency’s network neutrality policy requiring that companies providing access to the Internet must operate in a fair and nondiscriminatory manner. Long-standing safeguards for protecting the privacy of our voice conversations over the telephone network have been brought into the 21st century—and now it’s also our broadband communications that must be respected. (Network neutrality is also under threat of elimination by the Trump FCC.) The ISPs and ad industry lobbyists disingenuously claim that having the FTC protect consumer privacy for all Internet companies, including ISPs and data giants like Google, is the most effective approach. It would be so, perhaps, if the FTC had any real clout. Many of the companies and trade groups urging that the FTC replace the FCC as a privacy regulator have lobbied against giving the trade commission actual authority to do so. They cynically know that turning over our broadband privacy to the FTC will mean business as usual—more of our offline and online data endlessly flowing into sophisticated databases that provide advertisers and other commercial entities (and perhaps government) detailed actionable blueprints of our lives. It will also mean that the only real potential privacy protection Americans have had to make their own mind up about whom to share data with and for what purpose will be lost. The ISPs, data-marketing companies, and their supporters are also fighting against the privacy rule because they know we are also on the eve of a new era—the Internet of Things—that will generate even more personal information about us. In today’s digital era, data is power. And that power should be in the hands of the people—not those that wish to financially and politically benefit by harvesting our information. --30-- President Trump has killed any hope that Americans would enjoy basic privacy protections online. By signing the bill, Mr. Trump has allied himself with the telecommunications and digital media giants who seek to profit from every detail of our lives. This is a betrayal of the American people and an insult to our democracy. All that the FCC safeguard did was to require cable and phone companies to ask for permission before they could profit from a person’s most sensitive information—including that individual’s web browsing, geo-location, financial details and data on children. President Trump helped the special interests and abandoned American families. Mr. Trump directly benefited from the absence of any federal privacy law or rule that protects having our information easily made available to commercial interests. His senior counselor Steve Bannon has been paid by and has investments in data-marketing firm Cambridge Analytica, which helped the Trump campaign. Mr. Bannon would have understood that the new federal privacy protections would enable the public to restrict the flow of commercial data going to political campaigns. We find this potential conflict of interest troubling, and it requires further scrutiny. (Kellyanne Conway was also a Cambridge Analytica consultant.) While today’s action by the president ends the FCC broadband privacy rule approved last October, we believe the public has also won something significant. For the first time, millions of Americans have been informed that they have little or no privacy on the Internet and when they use their mobile devices. Moreover, we have assembled one of the largest public-interest coalitions ever to advance consumer privacy protections. Many policymakers—on both sides of the aisle—have declared themselves as advocates for stronger protections. We will be back. But today, President Trump has given America a digital black eye before the world—a world in which most advanced nations understand that personal privacy is a fundamental democratic right. - Jeff Chester is executive director of the Center for Digital Democracy, a Washington-DC-based consumer digital rights group.

The following can be attributed to Katharina Kopp, Policy Director, Center for Digital Democracy. --- Today’s House vote to overturn the first major Internet privacy protection for Americans, may be a win for ISP monopolies, but it’s a tragic loss for our democracy. Broadband providers, such as AT&T, Comcast and Verizon, will now be able to sell our sensitive information to the highest bidder without first receiving our permission. We believe today’s misguided vote will unleash even more “Big Data” profiling and tracking of Americans, and spur an array of discriminatory practices. Without any restraints, ISPs will dramatically erode what should be an important American fundamental right—that of privacy. If President Trump allows this bill to become law, his Administration will place new burdens on hard-working Americans and their families—who will be at the mercy of a handful of digital giants. CDD and our allies, here and in the EU, pledge to continue our fight against the special interests that have gained new ways to control how we use the Internet and other digital media. Contact: Jeff Chester Executive Director Center for Digital Democracy Washington, DC. www. democraticmedia.org jeff@democraticmedia.org (link sends e-mail) 202-494-7100