U.S. Senate Vote Approves Resolution To Reinstate Net Neutrality Rules. FCC Chairman Pai Repeats Claims While Ignoring Consumers

Yesterday, the United States Senate approved a bipartisan resolution to preserve net neutrality rules, the set of internet protections established in 2015 which require wireless and internet service providers (ISPs) to provide customers with access to all websites, and equal access to all websites. That meant no throttling, blocking, slow-downs of selected sites, nor prioritizing internet traffic in "fast" or "slow" lanes.

Federal communications Commission logo Earlier this month, the Federal Communications Commission (FCC) said that current net neutrality rules would expire on June 11, 2018. Politicians promised that tax cuts will create new jobs, and that repeal of net neutrality rules would encourage investments by ISPs. FCC Chairman Ajit Pai, appointed by President Trump, released a statement on May 10, 2018:

"Now, on June 11, these unnecessary and harmful Internet regulations will be repealed and the bipartisan, light-touch approach that served the online world well for nearly 20 years will be restored. The Federal Trade Commission will once again be empowered to target any unfair or deceptive business practices of Internet service providers and to protect American’s broadband privacy. Armed with our strengthened transparency rule, we look forward to working closely with the FTC to safeguard a free and open Internet. On June 11, we will have a framework in place that encourages innovation and investment in our nation’s networks so that all Americans, no matter where they live, can have access to better, cheaper, and faster Internet access and the jobs, opportunities, and platform for free expression that it provides. And we will embrace a modern, forward-looking approach that will help the United States lead the world in 5G..."

Chairman Pai's claims sound hollow, since reality says otherwise. Telecommunications companies have fired workers and reduced staff despite getting tax cuts, broadband privacy repeal, and net neutrality repeal. In December, more than 1,000 startups and investors signed an open letter to Pai opposing the elimination of net neutrality. Entrepreneurs and executives are concerned that the loss of net neutrality will harm or hinder start-up businesses.

CNet provided a good overview of events surrounding the Senate's resolution:

"Democrats are using the Congressional Review Act to try to halt the FCC's December repeal of net neutrality. The law gives Congress 60 legislative days to undo regulations imposed by a federal agency. What's needed to roll back the FCC action are simple majorities in both the House and Senate, as well as the president's signature. Senator Ed Markey (Democrat, Massachusetts), who's leading the fight in the Senate to preserve the rules, last week filed a so-called discharge petition, a key step in this legislative effort... Meanwhile, Republican lawmakers and broadband lobbyists argue the existing rules hurt investment and will stifle innovation. They say efforts by Democrats to stop the FCC's repeal of the rules do nothing to protect consumers. All 49 Democrats in the Senate support the effort to undo the FCC's vote. One Republican, Senator Susan Collins of Maine, also supports the measure. One more Republican is needed to cross party lines to pass it."

"No touch" is probably a more accurate description of the internet under Chairman Pai's leadership, given many historical problems and abuses of consumers by some ISPs. The loss of net neutrality protections will likely result in huge price increases for internet access for consumers, which will also hurt public libraries, the poor, and disabled users. The loss of net neutrality will allow ISPs the freedom to carve up, throttle, block, and slow down the internet traffic they choose, while consumers will lose the freedom to use as they choose the broadband service they've paid for. And, don't forget the startup concerns above.

After the Senate's vote, FCC Chairman Pai released this statement:

“The Internet was free and open before 2015, when the prior FCC buckled to political pressure from the White House and imposed utility-style regulation on the Internet. And it will continue to be free and open once the Restoring Internet Freedom Order takes effect on June 11... our light-touch approach will deliver better, faster, and cheaper Internet access and more broadband competition to the American people—something that millions of consumers desperately want and something that should be a top priority. The prior Administration’s regulatory overreach took us in the opposite direction, reducing investment in broadband networks and particularly harming small Internet service providers in rural and lower-income areas..."

The internet was free and open before 2015? Mr. Pai is guilty of revisionist history. The lack of ISP competition in key markets meant consumers in the United States pay more for broadband and get slower speeds compared to other countries. There were numerous complaints by consumers about usage-based Internet pricing. There were privacy abuses and settlement agreements by ISPs involving technologies such as deep-packet inspection and 'Supercookies' to track customers online, despite consumers' wishes not to be tracked. Many consumers didn't get the broadband speeds ISP promised. Some consumers sued their ISPs, and the New York State Attorney General had residents  check their broadband speed with this tool.

Tim Berners-Lee, the founder of the internet, cited three reasons why the Internet is in trouble. His number one reason: consumers had lost control of their personal information. The loss of privacy meant consumers lost control over their personal information.

There's more. Some consumers found that their ISP hijacked their online search results without notice nor consent. An ISP in Kansas admitted in 2008 to secret snooping after pressure from Congress. Given this, something had to be done. The FCC stepped up to the plate and acted when it was legally able to; and reclassified broadband after open hearings. Proposed rules were circulated prior to adoption. It was done in the open.

Yet, Chairman Pai would have us now believe the internet was free and open before 2015; and that regulatory was unnecessary. I say BS.

FCC Commissioner Jessica Rosenworcel released a statement yesterday:

"Today the United States Senate took a big step to fix the serious mess the FCC made when it rolled back net neutrality late last year. The FCC's net neutrality repeal gave broadband providers extraordinary new powers to block websites, throttle services and play favorites when it comes to online content. This put the FCC on the wrong side of history, the wrong side of the law, and the wrong side of the American people. Today’s vote is a sign that the fight for internet freedom is far from over. I’ll keep raising a ruckus to support net neutrality and I hope others will too."

A mess, indeed, created by Chairman Pai. A December 2017 study of 1,077 voters found that most want net neutrality protections:

Do you favor or oppose the proposal to give ISPs the freedom to: a) provide websites the option to give their visitors the ability to download material at a higher speed, for a fee, while providing a slower speed for other websites; b) block access to certain websites; and c) charge their customers an extra fee to gain access to certain websites?
Group Favor Opposed Refused/Don't Know
National 15.5% 82.9% 1.6%
Republicans 21.0% 75.4% 3.6%
Democrats 11.0% 88.5% 0.5%
Independents 14.0% 85.9% 0.1%

Why did the FCC, President Trump, and most GOP politicians pursue the elimination of net neutrality protections despite consumers wishes otherwise? For the same reasons they repealed broadband privacy protections despite most consumers wanting broadband privacy. (Remember, President Trump signed the privacy-rollback legislation in April 2017.) They are doing the bidding of the corporate ISPs at the expense of consumers. Profits before people. Whenever Mr. Pai mentions a "free and open internet," he's referring to corporate ISPs and not consumers. What do you think?


Equifax Operates A Secondary Credit Reporting Agency, And Its Website Appears Haphazard

Equifax logo More news about Equifax, the credit reporting agency with multiple data security failures resulting in a massive data breach affecting half of the United States population. It appears that Equifax also operates a secondary credit bureau: the National Consumer Telecommunications and Utilities Exchange (NCTUE). The Krebs On Security blog explained Equifax's role:

"The NCTUE is a consumer reporting agency founded by AT&T in 1997 that maintains data such as payment and account history, reported by telecommunication, pay TV and utility service providers that are members of NCTUE... there are four "exchanges" that feed into the NCTUE’s system: the NCTUE itself, something called "Centralized Credit Check Systems," the New York Data Exchange (NYDE), and the California Utility Exchange. According to a partner solutions page at Verizon, the NYDE is a not-for-profit entity created in 1996 that provides participating exchange carriers with access to local telecommunications service arrears (accounts that are unpaid) and final account information on residential end user accounts. The NYDE is operated by Equifax Credit Information Services Inc. (yes, that Equifax)... The California Utility Exchange collects customer payment data from dozens of local utilities in the state, and also is operated by Equifax (Equifax Information Services LLC)."

This surfaced after consumers with security freezes on their credit reports at the three major credit reporting agencies (e.g., Experian, Equifax, TransUnion) found fraudulent mobile phone accounts opened in their names. This shouldn't have been possible since security freezes prevent credit reporting agencies from selling consumers' credit reports to telecommunications companies, who typically perform credit checks before opening new accounts. So, the credit information must have come from somewhere else. It turns out, the source was the NCTUE.

NCTUE logo Credit reporting agencies make money by selling consumers' credit reports to potential lenders. And credit reports from the NCTUE are easy for anyone to order:

"... the NCTUE makes it fairly easy to obtain any records they may have on Americans. Simply phone them up (1-866-349-5185) and provide your Social Security number and the numeric portion of your registered street address."

The Krebs on Security blog also explain the expired SSL certificate used by Equifax which prevents serving web pages in a secure manner. That was simply inexcusable, poor data security.

A quick check of the NCTUE page on the Better Business Bureau site found 2 negative reviews and 70 complaints -- mostly about negative credit inquiries, and unresolved issues. A quick check of the NCTUE Terms Of Use page found very thin usage and privacy policies lacking details, such as mentions about data sharing, cookies, tracking, and more. The lack of data-sharing mentions could indicate NCTUE will share or sell data to anyone: entities, companies, and government agencies. It also means there is no way to verify whether the NCTUE complies with its own policies. Not good.

The policy contains enough language which indicates that it is not liable for anything:

"... THE NCTUE IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM, ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION CONTAINED WITHIN THE SITE. All content located at or available from the NCTUE website is provided “as is,” and NCTUE makes no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Without limiting the foregoing, NCTUE makes no representation or warranty that content located on the NCTUE website is free from error or suitable for any purpose; nor that the use of such content will not infringe any third party copyrights, trademarks or other intellectual property rights.

Links to Third Party Websites: Although the NCTUE website may include links providing direct access to other Internet resources, including websites, NCTUE is not responsible for the accuracy or content of information contained in these sites.."

Huh?! As is? The data NCTUE collected is being used for credit decisions. Reliability and accuracy matters. And, there are more concerns.

While at the NCTUE site, I briefly browsed the credit freeze information, which is hosted on an outsourced site, the Exchange Service Center (ESC). What's up with that? Why a separate site, and not a cohesive single site with a unified customer experience? This design gives the impression that the security freeze process was an afterthought.

Plus, the NCTUE and ESC sites present different policies (e.g., terms of use, privacy). Really? Why the complexity? Which policies rule? You'd think that the policies in both sites would be consistent and would mention each other, since consumers must use the two sites complete security freezes. That design seems haphazard. Not good.

There's more. Rather than use state-of-the-art, traditional web pages, the ESC site presents its policies in static Adobe PDF documents making it difficult for users to follow links for more information. (Contrast those thin policies with the more comprehensive Privacy and Terms of Use policies by TransUnion.) Plus, one policy was old -- dated 2011. It seems the site hasn't been updated in seven years. What fresh hell is this? More haphazard design. Why the confusing user experience? Not good.

Image of confusing drop-down menu for exchanges within the security freeze process. Click to view larger version There's more. When placing a security freeze, the ESC site includes a drop-down menu asking consumers to pick an exchange (e.g., NCTUE, Centralized Credit Check System, California Utility Exchange, NYDE). The confusing drop-down menu appears in the image on the right. Which menu option is the global security freeze? Is there a global option? The form page doesn't say, and it should. Why would a consumer select one of the exchanges? Perhaps, is this another slick attempt to limit the effectiveness of security freezes placed by consumers. Not good.

What can consumers make of this? First, the NCTUE site seems to be a slick way for Equifax to skirt the security freezes which consumers have placed upon their credit reports. Sounds like a definite end-run to me. Surprised? I'll bet. Angry? I'll bet, too. We consumers paid good money for security freezes on our credit reports.

Second, the combo NCTUE/ESC site seems like some legal, outsourcing ju-jitsu to avoid all liability, while still enjoying the revenues from credit-report sales. The site left me with the impression that its design, which hasn't kept pace during the years with internet best practices, was by a committee of attorneys focused upon serving their corporate clients' data collection and sharing needs while doing the absolute minimum required legally -- rather than a site focused upon the security needs of consumers. I can best describe the site using an old film-review phrase: a million monkeys with a million crayons would be hard pressed in a million years to create something this bad.

Third, credit reporting agencies get their data from a variety of sources. So, their business model is based upon data sharing. NCTUE seems designed to effectively do just that, regardless of consumers' security needs and wishes.

Fourth, this situation offers several reminders: a) just about anyone can set up and operate a credit reporting agency. No special skills nor expertise required; b) there are both national and regional credit reporting agencies; c) credit reports often contain errors; and d) credit reporting agencies historically have outsourced work, sometimes internationally -- for better or worse data security.

Fifth, you now you know what criminals and fraudsters already know... how to skirt the security freezes on credit reports and gain access to consumers' sensitive information. The combo NCTUE/ESC site is definitely a high-value target by criminals.

My first impression of the NCTUE site: haphazard design making it difficult for consumers to use and to trust it. What do you think?


San Diego Police Widely Share Data From License Plate Database

Images of ALPR device mounted on a patrol car. Click to view larger version Many police departments use automated license plate reader (ALPR or LPR) technology to monitor the movements of drivers and their vehicles. The surveillance has several implications beyond the extensive data collection.

The Voice of San Diego reported that the San Diego Police Departments shares its database of ALPR data with many other agencies:

"SDPD shares that database with the San Diego sector of Border Patrol – and with another 600 agencies across the country, including other agencies within the Department of Homeland Security. The nationwide database is enabled by Vigilant Solutions, a private company that provides data management and software services to agencies across the country for ALPR systems... A memorandum of understanding between SDPD and Vigilant stipulates that each agency retains ownership of its data, and can take steps to determine who sees it. A Vigilant Solutions user manual spells out in detail how agencies can limit access to their data..."

San Diego's ALPR database is fed by a network of cameras which record images plus the date, time and GPS location of the cars that pass by them. So, the associated metadata for each database record probably includes the license plate number, license plate state, vehicle owner, GPS location, travel direction, date and time, road/street/highway name or number, and the LPR device ID number.

Information about San Diego's ALPR activities became public after a data request from the Electronic Frontier Foundation (EFF), a digital privacy organization. ALPRs are a popular tool, and were used in about 38 states in 2014. Typically, the surveillance collects data about both criminals and innocent drivers.

Images of ALPR devices mounted on unmarked patrol cars. Click to view larger version There are several valid applications: find stolen vehicles, find stolen license plates, find wanted vehicles (e.g., abductions), execute search warrants, find parolees, and find wanted parolees. Some ALPR devices are stationary (e.g., mounted on street lights), while others are mounted on (marked and unmarked) patrol cars. Both deployments scan moving vehicles, while the latter also facilitates the scanning of parked vehicles.

Earlier this year, the EFF issued hundreds of similar requests across the country to learn how law enforcement currently uses ALPR technology. The ALPR training manual for the Elk Grove, Illinois PD listed the data archival policies for several states: New Jersey - 5 years, Vermont - 18 months, Utah - 9 months,  Minnesota - 48 hours, Arkansas - 150 days, New Hampshire - not allowed, and California - no set time. The document also stated that more than "50 million captures" are added each month to the Vigilant database. And, the Elk Grove PD seems to broadly share its ALPR data with other police departments and agencies.

The SDPD website includes a "License Plate Recognition: Procedures" document (Adobe PDF), dated May 2015, which describes its ALPR usage and policies:

"The legitimate law enforcement purposes of LPR systems include the following: 1) Locating stolen, wanted, or subject of investigation vehicles; 2) Locating witnesses and victims of a violent crime; 3) Locating missing or abducted children and at risk individuals.

LPR Strategies: 1) LPR equipped vehicles should be deployed as frequently as possible to maximize the utilization of the system; 2) Regular operation of LPR should be considered as a force multiplying extension of an officer’s regular patrol efforts to observe and detect vehicles of interest and specific wanted vehicles; 3) LPR may be legitimately used to collect data that is within public view, but should not be used to gather intelligence of First Amendment activities; 4) Reasonable suspicion or probable cause is not required for the operation of LPR equipment; 5) Use of LPR equipped cars to conduct license plate canvasses and grid searches is encouraged, particularly for major crimes or incidents as well as areas that are experiencing any type of crime series... LPR data will be retained for a period of one year from the time the LPR record was captured by the LPR device..."

The document does not describe its data security methods to protect this sensitive information from breaches, hacks, and unauthorized access. Perhaps most importantly, the 2015 SDPD document describes the data sharing policy:

"Law enforcement officers shall not share LPR data with commercial or private entities or individuals. However, law enforcement officers may disseminate LPR data to government entities with an authorized law enforcement or public safety purpose for access to such data."

However, the Voice of San Diego reported:

"A memorandum of understanding between SDPD and Vigilant stipulates that each agency retains ownership of its data, and can take steps to determine who sees it. A Vigilant Solutions user manual spells out in detail how agencies can limit access to their data... SDPD’s sharing doesn’t stop at Border Patrol. The list of agencies with near immediate access to the travel habits of San Diegans includes law enforcement partners you might expect, like the Carlsbad Police Department – with which SDPD has for years shared license plate reader data, through a countywide arrangement overseen by SANDAG – but also obscure agencies like the police department in Meigs, Georgia, population 1,038, and a private group that is not itself a police department, the Missouri Police Chiefs Association..."

So, the accuracy of the 2015 document is questionable, it it isn't already obsolete. Moreover, what's really critical are the data retention and sharing policies by Vigilant and other agencies.


Medicare Scams Still Operate. How To Avoid Getting Your Identity Information Stolen

To minimize fraud, the new Medicare cards display a unique 11-digit identification number instead of patients' Social Security numbers. However, scammers have created a new tactic to trick patients into revealing their sensitive Medicare information. The Oregon Department of Justice warned:

"If someone calls and asks you for your personal information, money to activate the new card, or threatens to cancel your Medicare benefits if you don’t share your personal information, just hang up! It is a scam," said Attorney General Ellen Rosenblum.

Medicare will not call you nor ask for your Social Security number or bank information. That's good advice for patients nationwide. Experts estimate that Medicare loses about $60 billion yearly to con artists via a variety of scams.

Oregon residents suspecting healthcare fraud or wanting to report scammers, should contact Oregon's Department of Justice’s Consumer Protection (hotline: 1-877-877-9392 or www.oregonconsumer.gov). Consumers in other states should contact their state's attorney general, and/or report suspected fraud directly to Medicare.

The video below from 2017 includes advice about how patients should protect their Medicare cards.


Report: Software Failure In Fatal Accident With Self-Driving Uber Car

TechCrunch reported:

"The cause of the fatal crash of an Uber self-driving car appears to have been at the software level, specifically a function that determines which objects to ignore and which to attend to, The Information reported. This puts the fault squarely on Uber’s doorstep, though there was never much reason to think it belonged anywhere else.

Given the multiplicity of vision systems and backups on board any given autonomous vehicle, it seemed impossible that any one of them failing could have prevented the car’s systems from perceiving Elaine Herzberg, who was crossing the street directly in front of the lidar and front-facing cameras. Yet the car didn’t even touch the brakes or sound an alarm. Combined with an inattentive safety driver, this failure resulted in Herzberg’s death."

The TechCrunch story provides details about which software subsystem the report said failed.

Not good.

So, the autonomous or self-driving cars are only as good as the software they're programmed with (including maintenance). Anyone who has used computers during the last couple decades probably has experienced software glitches, bugs, and failures. It happens.

This latest incident suggests self-driving cars aren't yet ready. what do you think?


Connecticut And Federal Regulators Announce $1.3 Million Settlement With Substance Abuse Healthcare Provider

Connecticut and federal regulators recently announced a settlement agreement to resolve allegations that New Era Rehabilitation Center (New Era), operating in New Haven and Bridgeport, submitted false claims to both state and federal healthcare programs. The office of George Jepsen, Connecticut Attorney General, announced that New Era:

"... and its co-founders and owners – Dr. Ebenezer Kolade and Dr. Christina Kolade – are enrolled as providers in the Connecticut Medical Assistance Program (CMAP), which includes the state's Medicaid program. As part of their practice, they provide methadone treatment services for patients dealing with opioid addiction. Most of their patients are CMAP beneficiaries.

During the relevant time period, CMAP reimbursed methadone clinics by paying a weekly bundled rate that included all of the services associated with methadone maintenance, including the patient's doses of methadone; the initial intake evaluation; a physical examination; periodic drug testing; and individual, group and family drug counseling... The state and federal governments alleged that, from October 2009 to November 2013, New Era and the Kolades engaged in a pattern and practice of billing CMAP weekly for the methadone bundled service rate and then also submitting a separate claim to the CMAP for virtually every drug counseling session provided to clients by using a billing code for outpatient psychotherapy. The state and federal governments further alleged that those psychotherapy sessions were actually the drug counseling sessions already included and reimbursed through the bundled rate."

These actions were part of the State of Connecticut's Inter-agency Fraud Task Force created in 2013 to investigate and prosecute healthcare fraud. The joint investigation included the Connecticut AT's office, the office of Connecticut U.S. Attorney John H. Durham, and the U.S. Health and Human Services, Office of Inspector General – Office of Investigations.

Connecticut Fight Fraud logo Terms of the settlement agreement require NERC to pay $1,378,533 in settlement funds. Of that amount, $881,945 will be returned to CMAP.

Connecticut residents suspecting healthcare fraud or abuse should contact the Attorney General’s Antitrust and Government Program Fraud Department (phone at 860-808-5040, or email at ag.fraud@ct.gov), or the Department of Social Services fraud (hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or email at providerfraud.dss@ct.gov). Residents in other states can contact their state's attorney general's office.


Oakland Law Mandates 'Technology Impact Reports' By Local Government Agencies Before Purchasing Surveillance Equipment

Popular tools used by law enforcement include stingrays, fake cellular phone towers, and automated license plate readers (ALPRs) to track the movements of persons. Historically, the technologies have often been deployed without notice to track both the bad guys (e.g., criminals and suspects) and innocent citizens.

To better balance the privacy needs of citizens versus the surveillance needs of law enforcement, some areas are implementing new laws. The East Bay Times reported about a new law in Oakland:

"... introduced at Tuesday’s city council meeting, creates a public approval process for surveillance technologies used by the city. The rules also lay a groundwork for the City Council to decide whether the benefits of using the technology outweigh the cost to people’s privacy. Berkeley and Davis have passed similar ordinances this year.

However, Oakland’s ordinance is unlike any other in the nation in that it requires any city department that wants to purchase or use the surveillance technology to submit a "technology impact report" to the city’s Privacy Advisory Commission, creating a “standardized public format” for technologies to be evaluated and approved... city departments must also submit a “surveillance use policy” to the Privacy Advisory Commission for consideration. The approved policy must be adopted by the City Council before the equipment is to be used..."

Reportedly, the city council will review the ordinance a second time before final passage.

The Northern California chapter of the American Civil Liberties Union (ACLU) discussed the problem, the need for transparency, and legislative actions:

"Public safety in the digital era must include transparency and accountability... the ACLU of California and a diverse coalition of civil rights and civil liberties groups support SB 1186, a bill that helps restores power at the local level and makes sure local voices are heard... the use of surveillance technology harms all Californians and disparately harms people of color, immigrants, and political activists... The Oakland Police Department concentrated their use of license plate readers in low income and minority neighborhoods... Across the state, residents are fighting to take back ownership of their neighborhoods... Earlier this year, Alameda, Culver City, and San Pablo rejected license plate reader proposals after hearing about the Immigration & Customs Enforcement (ICE) data [sharing] deal. Communities are enacting ordinances that require transparency, oversight, and accountability for all surveillance technologies. In 2016, Santa Clara County, California passed a groundbreaking ordinance that has been used to scrutinize multiple surveillance technologies in the past year... SB 1186 helps enhance public safety by safeguarding local power and ensuring transparency, accountability... SB 1186 covers the broad array of surveillance technologies used by police, including drones, social media surveillance software, and automated license plate readers. The bill also anticipates – and covers – AI-powered predictive policing systems on the rise today... Without oversight, the sensitive information collected by local governments about our private lives feeds databases that are ripe for abuse by the federal government. This is not a hypothetical threat – earlier this year, ICE announced it had obtained access to a nationwide database of location information collected using license plate readers – potentially sweeping in the 100+ California communities that use this technology. Many residents may not be aware their localities also share their information with fusion centers, federal-state intelligence warehouses that collect and disseminate surveillance data from all levels of government.

Statewide legislation can build on the nationwide Community Control Over Police Surveillance (CCOPS) movement, a reform effort spearheaded by 17 organizations, including the ACLU, that puts local residents and elected officials in charge of decisions about surveillance technology. If passed in its current form, SB 1186 would help protect Californians from intrusive, discriminatory, and unaccountable deployment of law enforcement surveillance technology."

Is there similar legislation in your state?


Twitter Advised Its Users To Change Their Passwords After Security Blunder

Yesterday, Twitter.com advised all of its users to change their passwords after a huge security blunder exposed users' passwords online in an unprotected format. The social networking service released a statement on May 3rd:

"We recently identified a bug that stored passwords unmasked in an internal log. We have fixed the bug, and our investigation shows no indication of breach or misuse by anyone. Out of an abundance of caution, we ask that you consider changing your password on all services where you’ve used this password."

Security experts advise consumers not to use the same password at several sites or services. Repeated use of the same password makes it easy for criminals to hack into multiple sites or services.

The statement by Twitter.com also explained that it masks users' passwords:

"... through a process called hashing using a function known as bcrypt, which replaces the actual password with a random set of numbers and letters that are stored in Twitter’s system. This allows our systems to validate your account credentials without revealing your password. This is an industry standard.

Due to a bug, passwords were written to an internal log before completing the hashing process. We found this error ourselves, removed the passwords, and are implementing plans to prevent this bug from happening again."

The good news: Twitter found the buy by itself. The not-so-good news: the statement was short on details. It did not disclose details about the fixes so this blunder doesn't happen again. Nor did the statement say how many users were affected. Twitter has about 330 million users, so it seems that all users were affected.


How to Wrestle Your Data From Data Brokers, Silicon Valley — and Cambridge Analytica

[Editor's note: today's guest post, by reporters at ProPublica, discusses data brokers you may not know, the data collected and archived about consumers, and options for consumers to (re)gain as much privacy as possible. It is reprinted with permission.]

By Jeremy B. Merrill, ProPublica

Cambridge Analytica thinks that I’m a "Very Unlikely Republican." Another political data firm, ALC Digital, has concluded I’m a "Socially Conservative," Republican, "Boomer Voter." In fact, I’m a 27-year-old millennial with no set party allegiance.

For all the fanfare, the burgeoning field of mining our personal data remains an inexact art.

One thing is certain: My personal data, and likely yours, is in more hands than ever. Tech firms, data brokers and political consultants build profiles of what they know — or think they can reasonably guess — about your purchasing habits, personality, hobbies and even what political issues you care about.

You can find out what those companies know about you but be prepared to be stubborn. Very stubborn. To demonstrate how this works, we’ve chosen a couple of representative companies from three major categories: data brokers, big tech firms and political data consultants.

Few of them make it easy. Some will show you on their websites, others will make you ask for your digital profile via the U.S. mail. And then there’s Cambridge Analytica, the controversial Trump campaign vendor that has come under intense fire in light of a report in the British newspaper The Observer and in The New York Times that the company used improperly obtained data from Facebook to help build voter profiles.

To find out what the chaps at the British data firm have on you, you’re going to need both stamps and a "cheque."

Once you see your data, you’ll have a much better understanding of how this shadowy corner of the new economy works. You’ll see what seemingly personal information they know about you … and you’ll probably have some hypotheses about where this data is coming from. You’ll also probably see some predictions about who you are that are hilariously wrong.

And if you do obtain your data from any of these companies, please let us know your thoughts at politicaldata@propublica.org. We won’t share or publish what you say (unless you tell us that’s it’s OK).

Cambridge Analytica and Other Political Consultants

Making statistically informed guesses about Americans’ political beliefs and pet issues is a common business these days, with dozens of firms selling data to candidates and issue groups about the purported leanings of individual American voters.

Few of these firms have to give your data. But Cambridge Analytica is required to do so by an obscure European rule.

Cambridge Analytica:

Around the time of the 2016 election, Paul-Olivier Dehaye, a Belgian mathematician and founder of a website that helps people exercise their data protection rights called PersonalData.IO, approached me with an idea for a story. He flagged some of Cambridge Analytica’s claims about the power of its "psychographic" targeting capabilities and suggested that I demand my data from them.

So I sent off a request, following Dehaye’s coaching, and citing the UK Data Protection Act 1998, the British implementation of a little-known European Union data-protection law that grants individuals (even Americans) the rights to see the data Europeans companies compile about individuals.

It worked. I got back a spreadsheet of data about me. But it took months, cost ten pounds — and I had to give them a photo ID and two utility bills. Presumably they didn’t want my personal data falling into the wrong hands.

How You Can Request Your Data From Cambridge Analytica:

  1. Visit Cambridge Analytica’s website here and fill out this web form.
  2. After you submit the form, the page will immediately request that you email to data.compliance@cambridgeanalytica.org a photo ID and two copies of your utility bills or bank statements, to prove your identity. This page will also include the company’s bank account details.
  3. Find a way to send them 10 GBP. You can try wiring this from your bank, though it may cost you an additional $25 or so — or ask a friend in the UK to go to their bank and get a cashier’s check. Your American bank probably won’t let you write a GBP-denominated check. Two services I tried, Xoom and TransferWise, weren’t able to do it.
  4. Eventually, Cambridge Analytica will email you a small Excel spreadsheet of information and a letter. You might have to wait a few weeks. Celeste LeCompte, ProPublica’s vice president of business development, requested her data on March 27 and still hasn’t received it.

Because the company is based in the United Kingdom, it had no choice but to fulfill my request. In recent weeks, the firm has come under intense fire after The New York Times and the British paper The Observer disclosed that it had used improperly obtained data from Facebook to build profiles of American voters. Facebook told me that data about me was likely transmitted to Cambridge Analytica because a person with whom I am "friends" on the social network had taken the now-infamous "This Is Your Digital Life" quiz. For what it’s worth, my data shows no sign of anything derived from Facebook.

What You Might Get Back From Cambridge Analytica:

Cambridge Analytica had generated 13 data points about my views: 10 political issues, ranked by importance; two guesses at my partisan leanings (one blank); and a guess at whether I would turn out in the 2016 general election.

They told me that the lower the rank, the higher the predicted importance of the issue to me.

Alongside that data labeled "models" were two other types of data that are run-of-the-mill and widely used by political consultants. One sheet of "core data" — that is, personal info, sliced and diced a few different ways, perhaps to be used more easily as parameters for a statistical model. It included my address, my electoral district, the census tract I live in and my date of birth.

The spreadsheet included a few rows of "election returns" — previous elections in New York State in which I had voted. (Intriguingly, Cambridge Analytica missed that I had voted in 2015’s snoozefest of a vote-for-five-of-these-five judicial election. It also didn’t know about elections in which I had voted in North Carolina, where I lived before I lived in New York.)

ALC Digital

ALC Digital is another data broker, which says that its info is "audiences are built from multi-sourced, verified information about an individual." Their data is distributed via Oracle Data Cloud, a service that lets advertisers target specific audience of people — like, perhaps, people who are Boomer Voters and also Republicans.

The firm brags in an Oracle document posted online about how hard it is to avoid their data collection efforts, saying, "It has no cookies to erase and can’t be ‘cleared.’ ALC Real World Data is rooted in reality, and doesn’t rely on inferences or faulty models."

How You Can Request Your Data From ALC Digital:

Here’s how to find the predictions about your political beliefs data in Oracle Data Cloud:

  1. Visit http://www.bluekai.com/registry/. If you use an ad blocker, there may not be much to see here.
  2. Click on the Partner Segments tab.
  3. Scroll on through until you find ALC Digital.

You may have to scroll for a while before you find it.

And not everyone appears to have data from ALC Digital, so don’t be shocked if you can’t find it. If you don’t, there may be other fascinating companies with data about who you are in your Oracle file.

What You Might Get Back From ALC Digital:

When I downloaded the data last year, it said I was "Socially Conservative," "Boomer Voter" — as well as a female voter and a tax reform supporter.

Recently, when I checked my data, those categories had disappeared entirely from my data. I had nothing from ALC Digital.

ALC Digital is not required to release this data. It is disclosed via the Oracle Data Cloud. Fran Green, the company’s president, said that Aristotle, a longtime political data company, “provides us with consumer data that populates these audiences.” She also said that “we do not claim to know people’s ‘beliefs.’”

Big Tech

Big tech firms like Google and Facebook tend to make their money by selling ads, so they build extensive profiles of their users’ interests and activities. They also depend on their users’ goodwill to keep us voluntarily giving them our locations, our browsing histories and plain ol’ lists of our friends and interests. (So far, these popular companies have not faced much regulation.) All three make it easy to download the data that they keep on you.

Firms like Google and Facebook firms don’t sell your data — because it’s their competitive advantage. Google’s privacy page screams in 72 point type: "We do not sell your personal information to anyone." As websites that we visit frequently, they sell access to our attention, so companies that want to reach you in particular can do so with these companies’ sites or other sites that feature their ads.

Facebook

How You Can Request Your Data From Facebook:

You of course have to have a Facebook account and be logged in:

  1. Visit https://www.facebook.com/settings on your computer.
  2. Click the “Download a copy of your Facebook data” link.
  3. On the next page, click “Start My Archive.”
  4. Enter your password, then click “Start My Archive” again.
  5. You’ll get an email immediately, and another one saying “Your Facebook download is ready” when your data is ready to be downloaded. You’ll get a notification on Facebook, too. Mine took just a few minutes.
  6. Once you get that email, click the link, then click Download Archive. Then reenter your password, which will start a zip file downloading..
  7. Unzip the folder; depending on your computer’s operating system, this might be called uncompressing or “expanding.” You’ll get a folder called something like “facebook-jeremybmerrill,” but, of course, with your username instead of mine.
  8. Open the folder and double-click “index.htm” to open it in your web browser.

What You Might Get Back From Facebook

Facebook designed its archive to first show you your profile information. That’s all information you typed into Facebook and that you probably intended to be shared with your friends. It’s no surprise that Facebook knows what city I live in or what my AIM screen name was — I told Facebook those things so that my friends would know.

But it’s a bit of a surprise that they decided to feature a list of my ex-girlfriends — what they blandly termed "Previous Relationships" — so prominently.

As you dig deeper in your archive, you’ll find more information that you gave Facebook, but that you might not have expected the social network to keep hold of for years: if you’re me, that’s the Nickelback concert I apparently RSVPed to, posts about switching high schools and instant messages from my freshman year in college.

But finally, you’ll find the creepier information: what Facebook knows about you that you didn’t tell it, on the "Ads" page. You’ll find "Ads Topics" that Facebook decided you were interested in, like Housing, ESPN or the town of Ellijay, Georgia. And, you’ll find a list of advertisers who have obtained your contact information and uploaded it to Facebook, as part of a so-called Custom Audience of specific people to whom they want to show their ads.

You’ll find more of that creepy information on your Ads Preferences page. Despite Mark Zuckerberg telling Rep. Jerry McNerney, D-Calif., in a hearing earlier this month that “all of your information is included in your ‘download your information,’” my archive didn’t include that list of ad categories that can be used to target ads to me. (Some other types of information aren’t included in the download, like other people’s posts you’ve liked. Those are listed here, along with where to find them — which, for most, is in your Activity Log.)

This area may include Facebook’s guesses about who you are, boiled down from some of your activities. Most Americans’ will have a guess about their politics — Facebook says I’m a "moderate" about U.S. Politics — and some will have a guess about so-called "multicultural affinity," which Facebook insists is not a guess about your ethnicity, but rather what sorts of content "you are interested in or will respond well to." For instance, Facebook recently added that I have a "Multicultural Affinity: African American." (I’m white — though, because Facebook’s definition of "multicultural affinity" is so strange, it’s hard to tell if this is an error on Facebook’s part.)

Facebook also doesn’t include your browsing history — the subject of back-and-forths between Mark Zuckerberg and several members of Congress — it says it keeps that just long enough to boil it down into those “Ad Topics.”

For people without Facebook accounts, Facebook says to email datarequests@support.facebook.com or fill out an online form to download what Facebook knows about you. One puzzle here is how Facebook gathers data on people whose identities it may not know. It may know that a person using a phone from Atlanta, Georgia, has accessed a Facebook site and that the same person was last week in Austin, Texas, and before that Cincinnati, but it may not know that that person is me. It’s in principle difficult for the company to give the data it collects about logged-out users if it doesn’t know exactly who they are.

Google

Like Facebook, Google will give you a zip archive of your data. Google’s can be much bigger, because you might have stored gigabytes of files in Google Drive or years of emails in Gmail.

But like Facebook, Google does not provide its guesses about your interests, which it uses to target ads. Those guesses are available elsewhere.

How You Can Request Your Data From Google:

  1. Visit https://takeout.google.com/settings/takeout/ to use Google’s cutely named Takeout service.
  2. You’ll have to pick which data you want to download and examine. You should definitely select My Activity, Location History and Searches. You may not want to download gigabytes of emails, if you use Gmail, since that uses a lot of space and may take a while. (That’s also information you shouldn’t be surprised that Google keeps — you left it with Gmail so that you could use Google’s search expertise to hold on to your emails. )
  3. Google will present you with a few options for how to get your archive. The defaults are fine.
  4. Within a few hours, you should get an email with the subject "Your Google data archive is ready." Click Download Archive and log in again. That should start the download of a file named something like "takeout-20180412T193535.zip."
  5. Unzip the folder; depending on your computer’s operating system, this might be called uncompressing or “expanding.”
  6. You’ll get a folder called Takeout. Open the file inside it called "index.html" in your web browser to explore your archive.

What You Might Get Back From Google:

Once you open the index.html file, you’ll see icons for the data you chose in step 2. Try exploring "Ads" under "My Activity" — you’ll see a list of times you saw Google Ads, including on apps on your phone.

Google also includes your search history, under "Searches" — in my case, going back to 2013. Google knows what I had forgotten: I Googled a bunch of dinosaurs around Valentine’s Day that year… And it’s not just web searches: the Sound Search history reminded me that at some point, I used that service to identify Natalie Imbruglia’s song "Torn."

Android phone users might want to check the "Android" folder: Google keeps a list of each app you’ve used on your phone.

Most of the data contained here are records of ways you’ve directly interacted with Google — and the company really does use the those to improve how their services work for me. I’m glad to see my searches auto-completed, for instance.

But the company also creates data about you: Visit the company’s Ads Settings page to see some of the “topics” Google guesses you’re interested in, and which it uses to personalize the ads you see. Those topics are fairly general — it knows I’m interested in “Politics” — but the company says it has more granular classifications that it doesn’t include on the list. Those more granular, hidden classifications are on various topics, from sports to vacations to politics, where Google does generate a guess whether some people are politically “left-leaning” or “right-leaning.”

Data Brokers

Here’s who really does sell your data. Data brokers like the credit reporting agency Experian and a firm named Epsilon.

These sometimes-shady firms are middlemen who buy your data from tracking firms, survey marketers and retailers, slice and dice the data into “segments,” then sell those on to advertisers.

Experian

Experian is best known as a credit reporting firm, but your credit cards aren’t all they keep track of. They told me that they “firmly believe people should be made aware of how their data is being used” — so if you print and mail them a form, they’ll tell you what data they have on you.

“Educated consumers,” they said, “are better equipped to be effective, successful participants in a world that increasingly relies on the exchange of information to efficiently deliver the products and services consumers demand.”

How You Can Request Your Data From Experian:

  1. Visit Experian’s Marketing Data Request site and print the Marketing Data Report Request form.
  2. Print a copy of your ID and proof of address.
  3. Mail it all to Experian at Experian Marketing Services PO Box 40 Allen, TX 75013
  4. Wait for them to mail you something back.

What You Might Get Back From Experian:

Expect to wait a while. I’ve been waiting almost a month.

They also come up with a guess about your political views that’s integrated with Facebook — our Facebook Political Ad Collector project has found that many political candidates use Experian’s data to target their Facebook ads to likely supporters.

You should hope to find a guess about your political views that’d be useful to those candidates — as well as categories derived from your purchasing data.

Experian told me they generate the data they have about you from a long list of sources, including public records and “historical catalog purchase information” — as well as calculating it from predictive models.

Epsilon

How You Can Request Your Data From Epsilon:

  1. Visit Epsilon’s Marketing Data Summary Request form.
  2. After entering your name and address, Epsilon will answer some of those identity-verification questions that quiz you about your old addresses and cars. If your identity can’t be verified with those, Epsilon will ask you to mail in a form.
  3. Wait for Epsilon to mail you your data; it took about a week for me.

What You Might Get Back From Epsilon:

Epsilon has information on “demographics” and “lifestyle interests” — at the household level. It also includes a list of “household purchases.”

It also has data that political candidates use to target their Facebook ads, including Randy Bryce, a Wisconsin Democrat who’s seeking his party’s nomination to run for retiring Speaker Paul Ryan’s seat, and Rep. Tulsi Gabbard, D-Hawaii.

In my case, Epsilon knows I buy clothes, books and home office supplies, among other things — but isn’t any more specific. They didn’t tell me what political beliefs they believe I hold. The company didn’t respond to a request for comment.

Oracle

Oracle’s Data Cloud aggregates data about you from Oracle, but also so-called third party data from other companies.

How You Can Request Your Data From Oracle:

  1. Visit http://www.bluekai.com/registry/. If you use an ad blocker, there may not be much to see here.
  2. Explore each tab, from “Basic Info” to “Hobbies & Interests” and “Partner Segments.”

Not fun scrolling through all those pages? I have 84 pages of four pieces of data each.

You can’t search. All the text is actually images of text. Oracle declined to say why it chose to make their site so hard to use.

What You Might Get Back From Oracle:

My Oracle profile includes nearly 1500 data points, covering all aspects of my life, from my age to my car to how old my children are to whether I buy eggs. These profiles can even say if you’re likely to dress your pet in a costume for Halloween. But many of them are off-base or contradictory.

Many companies in Oracle’s data, besides ALC Digital, offer guesses about my political views: Data from one company uploaded by AcquireWeb says that my political affiliations are as a Democrat and an Independent … but also that I’m a “Mild Republican.” Another company, an Oracle subsidiary called AddThis, says that I’m a “Liberal.” Cuebiq, which calls itself a “location intelligence” company, says I’m in a subset of “Democrats” called “Liberal Professions.”

If an advertiser wants to show an ad to Spring Break Enthusiasts, Oracle can enable that. I’m apparently a Spring Break Enthusiast. Do I buy eggs? I sure do. Data on Oracle’s site associated with AcquireWeb says I’m a cat owner …

But it also “knows” I’m a dog owner, which I’m not.

Al Gadbut, the CEO of AcquireWeb, explained that the guesses associated with his company weren’t based on my personal data, but rather the tendencies of people in my geographical area — hence the seemingly contradictory political guesses. He said his firm doesn’t generate the data, but rather uploaded it on behalf of other companies. Cuebiq’s guess was a “probabilistic inference” they drew from location data submitted to them by some app on my phone. Valentina Marastoni-Bieser, Cuebiq’s senior vice president of marketing, wouldn’t tell me which app it was, though.

Data for sale here includes a long list what TV shows I — supposedly — watch.

But it’s not all wrong. AddThis can tell that I’m “Young & Hip.”

Takeaways:

The above list is just a sampling of the firms that collect your data and try to draw conclusions about who you are — not just sites you visit like Facebook and controversial firms like Cambridge Analytica.

You can make some guesses as to where this data comes from — especially the more granular consumer data from Oracle. For each data point, it’s worth considering: Who’d be in a position to sell a list of what TV shows I watch, or, at least, a list of what TV shows people demographically like me watch? Who’d be in a position to sell a list of what groceries I, or people similar to me in my area, buy? Some of those companies — companies who you’re likely paying, and for whom the internet adage that “if you’re not paying, you’re the product” doesn’t hold — are likely selling data about you without your knowledge. Other data points, like the location data used by Cuebiq, can come from any number of apps or websites, so it may be difficult to figure out exactly which one has passed it on.

Companies like Google and Facebook often say that they’ll let you “correct” the data that they hold on you — tacitly acknowledgingly that they sometimes get it wrong. But if receiving relevant ads is not important to you, they’ll let you opt-out entirely — or, presumably, “correct” your data to something false.

An upcoming European Union rule called the General Data Protection Regulation portends a dramatic change to how data is collected and used on the web — if only for Europeans. No such law seems likely to be passed in the U.S. in the near future.

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for their newsletter.


News Media Alliance Challenges Tech Companies To 'Accept Accountability' And Responsibility For Filtering News In Their Platforms

Last week, David Chavern, the President and CEO of News Media Alliance (NMA), testified before the House Judiciary Committee. The NMA is a nonprofit trade association representing over 2,000 news organizations across the United States. Mr. Chavern's testimony focused upon the problem of fake news, often aided by social networking platform.

His comments first described current conditions:

"... Quality journalism is essential to a healthy and functioning democracy -- and my members are united in their desire to fight for its future.

Too often in today’s information-driven environment, news is included in the broad term "digital content." It’s actually much more important than that. While some low-quality entertainment or posts by friends can be disappointing, inaccurate information about world events can be immediately destructive. Civil society depends upon the availability of real, accurate news.

The internet represents an extraordinary opportunity for broader understanding and education. We have never been more interconnected or had easier and quicker means of communication. However, as currently structured, the digital ecosystem gives tremendous viewpoint control and economic power to a very small number of companies – the tech platforms that distribute online content. That control and power must come with new responsibilities... Historically, newspapers controlled the distribution of their product; the news. They invested in the journalism required to deliver it, and then printed it in a form that could be handed directly to readers. No other party decided who got access to the information, or on what terms. The distribution of online news is now dominated by the major technology platforms. They decide what news is delivered and to whom – and they control the economics of digital news..."

Last month, a survey found that roughly two-thirds of U.S. adults (68%) use Facebook.com, and about three-quarters of those use the social networking site daily. In 2016, a survey found that 62 percent of adults in the United States get their news from social networking sites. The corresponding statistic in 2012 was 49 percent. That 2016 survey also found that fewer social media users get their news from other platforms: local television (46 percent), cable TV (31 percent), nightly network TV (30 percent), news websites/apps (28 percent), radio (25 percent), and print newspapers (20 percent).

Mr. Chavern then described the problems with two specific tech companies:

"The First Amendment prohibits the government from regulating the press. But it doesn’t prevent Facebook and Google from acting as de facto regulators of the news business.

Neither Google nor Facebook are – or have ever been – "neutral pipes." To the contrary, their businesses depend upon their ability to make nuanced decisions through sophisticated algorithms about how and when content is delivered to users. The term “algorithm” makes these decisions seem scientific and neutral. The fact is that, while their decision processes may be highly-automated, both companies make extensive editorial judgments about accuracy, relevance, newsworthiness and many other criteria.

The business models of Facebook and Google are complex and varied. However, we do know that they are both immense advertising platforms that sell people’s time and attention. Their "secret algorithms" are used to cultivate that time and attention. We have seen many examples of the types of content favored by these systems – namely, click-bait and anything that can generate outrage, disgust and passion. Their systems also favor giving users information like that which they previously consumed, thereby generating intense filter bubbles and undermining common understandings of issues and challenges.

All of these things are antithetical to a healthy news business – and a healthy democracy..."

Earlier this month, Apple Computer and Facebook executives exchanged criticisms about each other's business models and privacy. Mr. Chavern's testimony before Congress also described more problems and threats:

"Good journalism is factual, verified and takes into account multiple points of view. It can take a lot of time and investment. Most particularly, it requires someone to take responsibility for what is published. Whether or not one agrees with a particular piece of journalism, my members put their names on their product and stand behind it. Readers know where to send complaints. The same cannot be said of the sea of bad information that is delivered by the platforms in paid priority over my members’ quality information. The major platforms’ control over distribution also threatens the quality of news for another reason: it results in the “commoditization” of news. Many news publishers have spent decades – often more than a century – establishing their brands. Readers know the brands that they can trust — publishers whose reporting demonstrates the principles of verification, accuracy and fidelity to facts. The major platforms, however, work hard to erase these distinctions. Publishers are forced to squeeze their content into uniform, homogeneous formats. The result is that every digital publication starts to look the same. This is reinforced by things like the Google News Carousel, which encourages users to flick back and forth through articles on the same topic without ever noticing the publisher. This erosion of news publishers’ brands has played no small part in the rise of "fake news." When hard news sources and tabloids all look the same, how is a customer supposed to tell the difference? The bottom line is that while Facebook and Google claim that they do not want to be "arbiters of truth," they are continually making huge decisions on how and to whom news content is delivered. These decisions too often favor free and commoditized junk over quality journalism. The platforms created by both companies could be wonderful means for distributing important and high-quality information about the world. But, for that to happen, they must accept accountability for the power they have and the ultimate impacts their decisions have on our economic, social and political systems..."

Download Mr. Chavern's complete testimony. Industry watchers argue that recent changes by Facebook have hurt local news organizations. MediaPost reported:

"When Facebook changed its algorithm earlier this year to focus on “meaningful” interactions, publishers across the board were hit hard. However, local news seemed particularly vulnerable to the alterations. To assuage this issue, the company announced that it would prioritize news related to local towns and metro areas where a user resided... To determine how positively that tweak affected local news outlets, the Tow Center measured interactions for posts from publications coming from 13 metro areas... The survey found that 11 out of those 13 have consistently seen a drop in traffic between January 1 and April 1 of 2018, allowing the results to show how outlets are faring nine weeks after the algorithm change. According to the Tow Center study, three outlets saw interactions on their pages decrease by a dramatic 50%. These include The Dallas Morning News, The Denver Post, and The San Francisco Chronicle. The Atlanta Journal-Constitution saw interactions drop by 46%."

So, huge problems persist.

Early in my business career, I had the opportunity to develop and market an online service using content from Dow Jones News/Retrieval. That experience taught me that the news - hard news - included who, where, when, and what happened. Everything else is either opinion, commentary, analysis, an advertisement, or fiction. And, it is critical to know the differences and/or learn to spot each type. Otherwise, you are likely to be misled, misinformed, or fooled.


Many People Are Concerned About Facebook. Any Other Tech Companies Pose Privacy Threats?

The massive data breach involving Facebook and Cambridge Analytica focused attention and privacy concerns on the social networking giant. Reports about extensive tracking of users and non-users, testimony by its CEO before the U.S. Congress, and online tools allegedly allowing advertisers to violate federal housing laws have also focused attention on Facebook.

Are there any other tech or advertising companies which consumers should have privacy concerns about?  What other companies collect massive amounts of information about consumers? It seems wise to look beyond Facebook in to avoid missing significant threats.

Google logo To answer these questions, the Wall Street Journal compared Facebook and Google:

"... Alphabet Inc.’s Google is a far bigger threat by many measures: the volume of information it gathers, the reach of its tracking and the time people spend on its sites and apps... It’s likely that Google has shadow profiles on at least as many people as Facebook does, says Chandler Givens, chief executive of TrackOff, which develops software to fight identity theft. Google allows everyone, whether they have a Google account or not, to opt out of its ad targeting. Yet, like Facebook, it continues to gather your data... Google Analytics is far and away the web’s most dominant analytics platform. Used on the sites of about half of the biggest companies in the U.S., it has a total reach of 30 million to 50 million sites. Google Analytics tracks you whether or not you are logged in... Google uses, among other things, our browsing and search history, apps we’ve installed, demographics such as age and gender and, from its own analytics and other sources, where we’ve shopped in the real world. Google says it doesn’t use information from “sensitive categories” such as race, religion, sexual orientation or health..."

There's plenty more, so read the entire WSJ article. A good review worthy of further discussion.

However, more companies pose privacy threats. Equifax, one of three major credit reporting agencies, easily makes my list. Its massive data breach affected half the population in the USA, plus persons worldwide. An investigation discovered several data security failures at Equifax.

Also on my list would be the U.S. Federal Communications Commission (FCC). Using some  "light touch" legal ju-jitsu and vague promises of enabling infrastructure investments, the Republican-majority Commissioners and Trump appointee Ajit Pai at the FCC revoked broadband privacy protections for consumers last year... and punted broadband oversight responsibility to the U.S. Federal Trade Commission (FTC). This allowed corporate internet service providers (ISPs) to freely track and collect sensitive data about internet users without requiring notices nor opt-out mechanisms.

Uber logo Uber also makes my list, given its massive data breach affecting 57 million persons. Earlier this month, the FTC announced a revised settlement agreement where Uber:

"... failed to disclose a significant breach of consumer data that occurred in 2016 -- in the midst of the FTC’s investigation that led to the August 2017 settlement announcement... the revised settlement could subject Uber to civil penalties if it fails to notify the FTC of certain future incidents involving unauthorized access of consumer information... In announcing the original proposed settlement with Uber in August 2017, the FTC charged that the company had failed to live up to its claims that it closely monitored employee access to rider and driver data and that it deployed reasonable measures to secure personal information stored on a third-party cloud provider’s servers.

In the revised complaint, the FTC alleges that Uber learned in November 2016 that intruders had again accessed consumer data the company stored on its third-party cloud provider’s servers by using an access key an Uber engineer had posted on a code-sharing website... the intruders used the access key to download from Uber’s cloud storage unencrypted files that contained more than 25 million names and email addresses, 22 million names and mobile phone numbers, and 600,000 names and driver’s license numbers of U.S. Uber drivers and riders... Uber paid the intruders $100,000 through its third-party “bug bounty” program and failed to disclose the breach to consumers or the Commission until November 2017... the new provisions in the revised proposed order include requirements for Uber to submit to the Commission all the reports from the required third-party audits of Uber’s privacy program rather than only the initial such report..."

Yes, Wells Fargo bank makes my list, too. This blog post explains why. Who is on your list of the biggest privacy threats to consumers?


The Brave Web Browser: A New Tool For Consumers Wanting Online Privacy

After the U.S. Federal Communications Commission (FCC), led by Trump appointee Ajit Pai, repealed last year both broadband privacy and net neutrality protections, and after details emerged about the tracking of both users and non-users by Facebook, many consumers have sought tools to regain their online privacy. One popular approach has been installing ad-blocking software with existing web browsers to both suppress online ads, and disable tracking mechanisms embedded in  online advertisements and web sites.

Bravel Software logo What if a web browser came with ad-blocking software already built in? If that's what you seek, then the new Brave web browser is worth consideration. According to its website:

"Brave blocks ads and trackers by default so you browse faster and safer. You can add ad blocking extensions to your existing browser, but it’s complicated and they often conflict with one another because browser companies don't test them. Worse, the leading ad blockers still allow some ads and all trackers."

Other benefits of this new, open-source browser:

"Brave loads major news sites 2 to 8 times faster than Chrome and Safari on mobile. And Brave is 2 times faster than Chrome on desktop."

You can read details about speed tests at the Brave site. Reportedly, this new browser already has about 2 million users. Brave was started by Brendan Eich, creator of JavaScript programming language and former CEO of Mozilla. So, he knows what he is doing.

What also makes this new browser unique is its smart, innovative use of block-chain, the technology behind bitcoin. CNet explained that Brave soon will:

"... give cryptocurrency-like payment tokens to anyone using the ad-blocking web browser, a move that won't let you line your own pockets but that will make it easier to fund the websites you visit. Brave developed the Basic Attention Token (BAT) as an alternative to regular money for the payments that flow from advertiser to website publishers. Brave plans to use BAT more broadly, though, for example also sending a portion of advertising revenue to you if you're using Brave and letting you spend BAT for premium content like news articles that otherwise would be behind a subscription paywall.

Most of that is in the future, though. Today, Brave can send BAT to website publishers, YouTubers and Twitch videogame streamers, all of whom can convert that BAT into ordinary money once they're verified. You can buy BAT on your own, but Brave has given away millions of dollars' worth through a few promotions. The next phase of the plan, though, is just to automatically lavish BAT on anyone using Brave, so you won't have to fret that you missed a promotional giveaway... The BAT giveaway plan is an important new phase in Brave's effort to salvage what's good about advertising on the internet -- free access to useful or entertaining services like Facebook, Google search and YouTube -- without downsides like privacy invasion and the sorts of political manipulations that Facebook partner Cambridge Analytica tried to enable."

To summarize, Brave will use block-chain as a measurement tool; not as real money. Smart. Plus, Brave pursues a new business model where advertisers can still get paid, browser users get paid, and most importantly: consumers don't have to divulge massive amounts of sensitive, personal information in order to view content. (Facebook and Google executives: are you paying attention?) This seems like a far better balance of privacy versus tracking for advertising.

Skeptical? CNet also reported that Brave started:

"... in 2017 with an initial coin offering (ICO). Enough people were convinced of BAT's value that they funded Brave by buying $36 million worth of BAT in about 30 seconds. About 300 million of the tokens are reserved for a "user growth pool" to attract people to Brave and its BAT-based payment system for online ads. That's the source of the supply Brave plans to release to Brave users.

Today, more than 12,000 publishers have verified themselves for BAT payments, the company said. That includes more than 3,300 websites, 8,800 YouTube creators and nearly 350 people streaming video games on Amazon's Twitch site. Notable verified media sites include The Washington Post, the Guardian, and Dow Jones Media Group, a Dow Jones subsidiary that operates Barron's and MarketWatch."

Last week, Brave announced a partnership with Dow Jones Media Group where it:

"... will provide access to premium content to a limited number of users who download the Brave browser on a first-come, first-serve basis. The available content set features full access to Barrons.com or a premium MarketWatch newsletter..."

Plus, Brave and DuckDuckGo have collaborated to enable private search within the private tabs of the Brave browser. So, consumers can add the Brave browser to the list of optional tools for online privacy:

What are your opinions? If you use the Brave browser, share your experiences below.


Federal Regulators Assess $1 Billion Fine Against Wells Fargo Bank

On Friday, several federal regulators announced the assessment of a $1 billion fine against Wells Fargo Bank for violations of the, "Consumer Financial Protection Act (CFPA) in the way it administered a mandatory insurance program related to its auto loans..."

Consumer Financial Protection Bureau logo The Consumer Financial Protection Bureau (CFPB) announced the fine and settlement with Wells Fargo Bank, N.A., and its coordinated action with the Office of the Comptroller of the Currency (OCC). The announcement stated that the CFPB:

"... also found that Wells Fargo violated the CFPA in how it charged certain borrowers for mortgage interest rate-lock extensions. Under the terms of the consent orders, Wells Fargo will remediate harmed consumers and undertake certain activities related to its risk management and compliance management. The CFPB assessed a $1 billion penalty against the bank and credited the $500 million penalty collected by the OCC toward the satisfaction of its fine."

Wells Fargo logo This not the first fine against Wells Fargo. The bank paid a $185 million fine in 2016 to settle charges about for alleged unlawful sales practices during the past five years. To game an internal sales system, employees allegedly created about 1.5 million bogus email accounts, and both issued and activated debit cards associated with the secret accounts. Then, employees also created PIN numbers for the accounts, all without customers' knowledge nor consent. An investigation in 2017 found 1.4 million more bogus accounts created than originally found in 2016. Also in 2017, irregularities were reported about how the bank handled mortgages.

The OCC explained that it took action:

"... given the severity of the deficiencies and violations of law, the financial harm to consumers, and the bank’s failure to correct the deficiencies and violations in a timely manner. The OCC found deficiencies in the bank’s enterprise-wide compliance risk management program that constituted reckless, unsafe, or unsound practices and resulted in violations of the unfair practices prong of Section 5 of the Federal Trade Commission (FTC) Act. In addition, the agency found the bank violated the FTC Act and engaged in unsafe and unsound practices relating to improper placement and maintenance of collateral protection insurance policies on auto loan accounts and improper fees associated with interest rate lock extensions. These practices resulted in consumer harm which the OCC has directed the bank to remediate.

The $500 million civil money penalty reflects a number of factors, including the bank’s failure to develop and implement an effective enterprise risk management program to detect and prevent the unsafe or unsound practices, and the scope and duration of the practices..."

MarketWatch explained the bank's unfair and unsound practices:

"When consumers buy a vehicle through a lender, the lender often requires the consumer to also purchase “collateral protection insurance.” That means the vehicle itself is collateral — or essentially, could be repossessed — if the loan is not paid... Sometimes, the fine print of the contracts say that if borrowers do not buy their own insurance (enough to satisfy the terms of the loan), the lender will go out and purchase that insurance on their behalf, and charge them for it... That is a legal practice. But in the case of Wells Fargo, borrowers said they actually did buy that insurance, and Wells Fargo still bought more insurance on their behalf and charged them for it."

So, the bank forced consumers to buy unwanted and unnecessary auto insurance. The lesson for consumers: don't accept the first auto loan offered, and closely read the fine print of contracts from lenders. Wells Fargo said in a news release that it:

"... will adjust its first quarter 2018 preliminary financial results by an additional accrual of $800 million, which is not tax deductible. The accrual reduces reported first quarter 2018 net income by $800 million, or $0.16 cents per diluted common share, to $4.7 billion, or 96 cents per diluted common share. Under the consent orders, Wells Fargo will also be required to submit, for review by its board, plans detailing its ongoing efforts to strengthen its compliance and risk management, and its approach to customer remediation efforts."

Kudos to the OCC and CFPB for taking this action against a bank with a spotty history. Will executives at Wells Fargo learn their lessons from the massive fine? The Washington Post reported that the bank will:

"... benefit from a massive corporate tax cut passed by Congress last year. he bank’s effective tax rate this year will fall from about 33 percent to 22 percent, according to a Goldman Sachs analysis released in December. The change could boost its profits by 18 percent, according to the analysis. Just in the first quarter, Wells Fargo’s effective tax rate fell from about 28 percent to 18 percent, saving it more than $600 million. For the entire year, the tax cut is expected to boost the company’s profits by $3.7 billion..."

So, don't worry about the bank. It's tax savings will easily offset the fine. This makes one doubt the fine was a sufficient deterrent. And, I found the OCC's announcement forceful and appropriate, while the CFPB's announcement seemed to soft-pedal things by saying the absolute minimum.

What do you think? Will the fine curb executive wrongdoing?


New Technologies Will Soon Make It More Difficult For Consumers To Spot Fake News

We've all heard the old saying: seeing is believing. Right? Not necessarily anymore.

New technologies  will soon make it very easy for bad actors to manipulate videos of people -- politicians, law enforcement officials, celebrities, or anyone -- to say things they never said. This will cause many problems, one of which will be the increasing difficulty, or impossibility, for consumers to spoke fake news. CBS News explained:

"It starts with a selfie. Using that simple image, Hao Li, CEO of Los Angeles-based Pinscreen, can manipulate someone's face. You can literally put words in someone else's mouth. Li said it's all part of building a new virtual chat room world, but this type of advanced artificial intelligence technology is raising real eyebrows... For example, someone could take an image of President Trump and make him say something he didn't really say. Li said these kind of things are already possible in some ways. Comedian Jordan Peele used lip sync technology in a public service announcement (PSA) out Tuesday, warning against the dangers of fake news..."

Below is the PSA by Peele, which has already gotten more than 2.3 million views:

This is more confirmation that artificial intelligence is ripe for misuse by bad actors. The CBS News report also described some of the efforts by software developers to quickly create tools to spot manipulated images and video. Here's why:

"... at Pinscreen, Li said it won't take long before the line between what's real or not is erased. "It might be a year actually." "

Watch the entire CBS News report. These new image/video detection tools can't come soon enough. Consumers will need them. Journalists, military, intelligence, government watch-dog agencies, and corporate executives will need them, too. One can easily imagine bad actors using A.I. and other new technologies to create fake endorsements by celebrities of products, services, and/or politicians they really didn't endorse. What are your opinions?


How Facebook Tracks Its Users, And Non-Users, Around the Internet

Facebook logo Many Facebook users wrongly believe that the social networking service doesn't track them around the internet when they aren't signed in. Also, many non-users of Facebook wrongly believe that they are not tracked.

Earlier this month, Consumer Reports explained the tracking:

"As you travel through the web, you’re likely to encounter Facebook Like or Share buttons, which the company calls Social Plugins, on all sorts of pages, from news outlets to shopping sites. Click on a Like button and you can see the number on the page’s counter increase by one; click on a Share button and a box opens up to let you post a link to your Facebook account.

But that’s just what’s happening on the surface. "If those buttons are on the page, regardless of whether you touch them or not, Facebook is collecting data," said Casey Oppenheim, co-founder of data security firm Disconnect."

This blog discussed social plugins back in 2010. However, the tracking includes more technologies:

"... every web page contains little bits of code that request the pictures, videos, and text that browsers need to display each item on the page. These requests typically go out to a wide swath of corporate servers—including Facebook—in addition to the website’s owner. And such requests can transmit data about the site you’re on, the browser you are using, and more. Useful data gets sent to Facebook whether you click on one of its buttons or not. If you click, Facebook finds out about that, too. And it learns a bit more about your interests.

In addition to the buttons, many websites also incorporate a Facebook Pixel, a tiny, transparent image file the size of just one of the millions of pixels on a typical computer screen. The web page makes a request for a Facebook Pixel, just as it would request a Like button. No user will ever notice the picture, but the request to get it is packaged with information... Facebook explains what data can be collected using a Pixel, such as products you’ve clicked on or added to a shopping cart, in its documentation for advertisers. Web developers can control what data is collected and when it is transmitted... Even if you’re not logged in, the company can still associate the data with your IP address and all the websites you’ve been to that contain Facebook code."

The article also explains "re-targeting" and how consumers who don't purchase anything at an online retail site will see advertisements later -- around the internet and not solely on the Facebook site -- about the items they viewed but not purchased. Then, there is the database it assembles:

"In materials written for its advertisers, Facebook explains that it sorts consumers into a wide variety of buckets based on factors such as age, gender, language, and geographic location. Facebook also sorts its users based on their online activities—from buying dog food, to reading recipes, to tagging images of kitchen remodeling projects, to using particular mobile devices. The company explains that it can even analyze its database to build “look-alike” audiences that are similar... Facebook can show ads to consumers on other websites and apps as well through the company’s Audience Network."

So, several technologies are used to track both Facebook users and non-users, and assemble a robust, descriptive database. And, some website operators collaborate to facilitate the tracking, which is invisible to most users. Neat, eh?

Like it or not, internet users are automatically included in the tracking and data collection. Can you opt out? Consumer reports also warns:

"The biggest tech companies don’t give you strong tools for opting out of data collection, though. For instance, privacy settings may let you control whether you see targeted ads, but that doesn’t affect whether a company collects and stores information about you."

Given this, one can conclude that Facebook is really a massive advertising network masquerading as a social networking service.

To minimize the tracking, consumers can: disable the Facebook API platform on their Facebook accounts, use the new tools (e.g., see these step-by-step instructions) by Facebook to review and disable the apps with access to their data, use ad-blocking software (e.g., Adblock Plus, Ghostery), use the opt out-out mechanisms offered by the major data brokers, use the OptOutPrescreen.com site to stop pre-approved credit offers, and use VPN software and services.

If you use the Firefox web browser, configure it for Private Browsing and install the new Facebook Container add-on specifically designed to prevent Facebook from tracking you. Don't use Firefox? Several web browsers offer Incognito Mode. And, you might try the Privacy Badger add-on instead. I've used it happily for years.

To combat "canvas fingerprinting" (e.g., tracking users by identifying the unique attributes of your computer, browser, and software), security experts have advised consumers to use different web browsers. For example, you'd use one browser only for online banking, and a different web browser for surfing the internet. However,  this security method may not work much longer given the rise of cross-browser fingerprinting.

It seems that an arms race is underway between software for users to maintain privacy online versus technologies by advertisers to defeat users' privacy. Would Facebook and its affiliates/partners use cross-browser fingerprinting? My guess: yes it would, just like any other advertising network.

What do you think? Some related reading:


Backpage Executive Pled Guilty In Three States. Several Other Executives Indicted

Late last week, the Washington Post reported:

"Carl Ferrer, the chief executive of Backpage.com whose name was conspicuously absent from an indictment of seven other Backpage officials unsealed Monday, has pleaded guilty in state courts in California and Texas and federal court in Arizona to charges of money laundering and conspiracy to facilitate prostitution. In addition, he agreed to testify against the men who co-founded Backpage with him, Michael Lacey and James Larkin, who remained in jail Thursday in Arizona on facilitating prostitution charges. Backpage, in addition to hosting thinly veiled ads for prostitution since 2004, was accused of hosting child sex trafficking ads on its site... Court records show that Ferrer pleaded guilty to conspiracy to facilitate prostitution and money laundering in federal court in Phoenix on April 5, with the hearing and documents sealed. Backpage.com also pleaded guilty, by Ferrer as the CEO, to a money laundering conspiracy in Phoenix, where Backpage was created. Ferrer then on Monday appeared in state court in Corpus Christi, Texas, where he personally pleaded guilty to money laundering..."


How To View The List Of Advertisers Tracking You On Facebook. Any Surprises On Your List?

The massive privacy and data security breach at Facebook.com involving Cambridge Analytica has heightened many users' sensitivity to the advertising practices by the social networking service. Many Facebook users want to know the exact list of advertiser tracking them.

How To View The List Of Advertisers Tracking You

Facebook Ad Preferences page. Click to view larger version How to view this list? It's easy. Sign into Facebook.com and navigate to Settings > Ads > Advertisers You've Interacted With. (When using a web browser, you'll have to click on the tiny arrow in the upper right portion of the page to access the drop-down menu.) Within the Ad Preferences page, click on the "Advertisers You've Interacted With" headline to open that module. When opened, it displays several lists of advertisers:

  1. Who've added their contact list to Facebook
  2. Whose website or app you've used,
  3. Whom you've visited, and
  4. More

The default view of list #1 displays 12 advertisers tracking you. There probably are many more in your list. Select "Show More" to view more advertisers. Facebook doesn't make it easy. The module lacks a "Show All" button, which forces users to repeatedly select "Show More." Not good. Come on Facebook! You can do better.

List #1 includes important explanatory text:

"These advertisers are running ads using a contact list they uploaded that includes your contact info. This info was collected by the advertiser, typically after you shared your email address with them or another business they've partnered with."

The key phrase to remember: or another business they've interacted with. So, list #1 includes not only advertisers but also affiliates or business partners. Not good. More Facebook being Facebook.

I selected "Show More" about two dozen times to view my complete list: 235 advertisers tracking me, and collecting data about me. 235 advertisers even though I never used the Facebook mobile app, and had already disabled the Facebook API platform on my account years ago! Not good.

Your mileage will vary. There may be fewer or more advertisers on your list.

My list #1 included both advertisers I expected and many I didn't expect. The advertisers I expected to see brands I currently do business with (e.g., Marriott Rewards, ACLU), brands I no longer do business with (e.g., Bank of America, AT&T), and/or brands whose Facebook pages I "Liked" or left comments on. The advertisers who I didn't expected to see included politicians in other states I've neither visited nor live in, brands I've never purchased nor interacted with in any manner, brands I have never "Liked," and more.

Who's on your list? A friend shared:

"I looked at my list and it's crazy. Will follow the opt-out links tomorrow and clear them out. Cardi B was in my list of FB advertisers."

A rapper? That's too funny. I guess that's to be expected if you stream and share music online via Facebook. Me? I don't stream music online because that is another way to be tracked. Instead, I enjoy listening to CDs privately in my home. I prefer to keep my home a truly private place.

What's really going on here? Why the crazy long list? Popular Science explained:

"You, can thank the "data providers" for this mess. Mark Zuckerberg spent roughly 11 hours testifying in front of Congressional committees... One thing that got very little attention was the concept of “data brokers,” middleman businesses that collect consumer information and sell it to companies. Facebook stopped using them just last month. However, that long string of companies, personalities, and alternative rock bands is a result of Facebook’s old program... after the Cambridge Analytica scandal broke, but before Mark Zuckerberg’s marathon testimony in front of Congress, Facebook announced that it was ending a program called Partner Categories, canceling a long-standing relationship between the social network and data brokers. The change was announced in a short statement, but it has big implications for your personal information and the agencies that collect and sell it."

"The ability to target advertising is what makes Facebook its money—roughly $40 billion last year... while you provide lots of user information to Facebook, advertisers typically want even more... and that’s where data brokers come in. Facebook calls on brokers like Acxiom, Epsilon, and TransUnion to act as a conduit between Facebook and individual advertisers looking to reach targeted audiences..."

Readers of this blog may recognize TransUnion, one of the three major credit reporting agencies. So, the "advertisers" on Facebook tracking you (and data harvesting) include a variety of entities: traditional advertisers, business partners, affiliates, data brokers, and their intermediaries.

It's called "surveillance capitalism" for good reasons. Many companies besides Facebook do it.

What To Do Next

It's not easy to opt out or delete items from your advertising list. For those brands and entities you have "Liked," you can visit their Facebook page and "Unlike" them. However, that won't stop them or other "advertisers" from re-targeting (and tracking) you in the future. The "Ad Preferences" page for your profile also includes the "Your Information" module where you can toggle on or off advertising based upon certain profile elements:

Your Information module within Ad Preferences. Facebook. Click to view larger version

The above image is from 2017. back then I disabled all of the active toggles you see. Deactivating these toggles might minimize the number of ads displays, but it won't stop the tracking and data collection. The Popular Science article includes links to several opt-out mechanisms for major data brokers. You could (and should) use those. However, two key problems remain.

First, these opt-out links should be easily accessible within Facebook. They aren't. This forces consumers to waste time hunting for the opt-out mechanisms, when Facebook has the expertise to provide them. Facebook probably knows that many consumers will give up and quit, rather than hunt for opt-out links. It's great that Popular Science did a lot of the work for consumers.

Second, the opt-out mechanisms offered by some data brokers are unnecessarily complex. Example: see the opt-out mechanisms offered by Experian, another credit reporting agency:

Experian opt-out site pages. Click to view larger version

Didn't know that Experian plays in both ponds: credit reporting and data brokerage? Most people probably don't know. Experian's site lacks a unified, single opt-out mechanism which forces consumers to wade through seven different mechanisms and methods; some of which are paper-based and lack an online method. Not good!

TransUnion's opt-out mechanism isn't much better. And, it raises more questions than it answers? It links to the OptOutPrescreen.com site, which I completed way back in 2007. Did my Facebook membership undo that? Or is there some other data sharing at work, which the OptOutprescreen doesn't cover? TransUnion's page doesn't explain, and nither does Facebook's page. Not good.

Some people choose to use ad-blocking software (e.g., Adblock Plus, Ghostery) to suppress the display of online ads, but that probably won't stop the tracking and data collection internal to Facebook. There's no substitute for Facebook giving its users internal tools to completely disable and opt out of the tracking and data collection.

That highlights another problem: users are automatically included, so the burden is upon users to (continually) opt out. This is Facebook's business model. The reverse should be the default. Users should not be tracked nor data harvested unless they register and opt into the program. Given the social media site's business model, even if you opt out today, there's nothing stopping Facebook from re-subscribing you in the future with any updates to its system or terms of use.

How many advertisers are on your list? 200 or more? 300? 400? Any surprises on your list?


How To Check If Your Information Was Collected By Cambridge Analytica In The Facebook Breach

You've probably heard about the massive privacy and data security breach at Facebook.com where users' information, plus their friends' information was captured and shared with Cambridge Analytica. by an app created by an academic professor. Now, you want to know if your information was harvested.

How To Check

It's easy to check. Visit this Facebook Help Center page. If you are not signed into your Facebook account, then the page displays as:

Default version of Facebook Help page for users to determine if their information was collected by Cambridge Analytica. Click to view larger version

If you have already signed into your Facebook account and your information was not harvested, then the main column of the page displays:

Default version of Facebook Help page for users to determine if their information was collected by Cambridge Analytica. Click to view larger version

If your information was harvested, then the content under "Was My Information Shared?" will be different. It may display this:

"Based upon our investigation, you don't appear to have logged into "This Is Your Digital Life" with Facebook before we removed it from our platform in 2015. However, a friend of yours did log in. As a result, the following information was likely shared with "This Is Your Digital Life": Your public profile, page likes, date of birth, and current city"

Of course, if you logged into the "This Is Your Digital Life" app yourself, then the page content will say so, and list the data elements harvested. Reportedly, about 270,000 Facebook users logged into the app/quiz which then collected information for an estimated 87 million of those users' Facebook friends.

What To Do Next

There's not a lot you can do immediately. CNN Tech advised:

"Even if you delete your Facebook account, or remove third-party apps connected to your profile, the third-party apps will still have access to data they previously collected. Users have to contact the app individually to have the data be removed... According to a notice on affected accounts, the "small number of people" who accessed the app also shared their News Feed, timeline, posts and messages. A Facebook spokesperson confirmed that 1,500 users who logged into the app granted explicit access to their private message inbox... For now, the platform is directing people to their Settings page to see which apps are connected to their accounts, such as Uber and Netflix. Users can also disconnect those apps... Walt Mossberg, a veteran tech reporter and cofounder of tech website Recode, urged Facebook to let users know which friends accessed the app and when..."

Yeah, that! Facebook should inform affected users which of their friends contributed to the data leakage.

Of course, Facebook wants its users to keep using the service. Facebook announced on March 21st that it will, 1) investigate all apps that had access to large amounts of information and conduct full audits of any apps with suspicious activity; 2) inform users affected by apps that have misused their data; 3) disable an app's access to a member's information if that member hasn't used the app within the last three months; 4) change Login to "reduce the data that an app can request without app review to include only name, profile photo and email address;" 5) encourage members to manage the apps they use; and reward users who find vulnerabilities.

Those actions seem good, but too little too late. What can affected users do?

You have options. If you use Facebook, see these instructions by Consumer Reports to deactivate or delete your account. Some people I know simply stopped using Facebook, but left their accounts active. That doesn't seem wise. A better approach is to adjust the privacy settings on your Facebook account to get as much privacy and protections as possible.

Facebook has a new tool for members to review and disable, in bulk, all of the apps with access to their data. Follow these handy step-by-step instructions by Mashable. And, users should also disable the Facebook API platform for their account. If you use the Firefox web browser, then install the new Facebook Container add-on specifically designed to prevent Facebook from tracking you. Don't use Firefox? You might try the Privacy Badger add-on instead. I've used it happily for years.

Whatever you do, remember that lots of advertising networks and tech companies besides Facebook want to track your movements around the web. Some of those companies include internet service providers (ISPs), since the U.S. Federal Communications Commission (FCC) killed both broadband privacy and net neutrality in 2017.

A windfall for broadband providers, and terrible for consumers. You might contact your elected officials and demand that the FCC put broadband privacy and net neutrality protections back into place.


Security Experts: Breach At Panera Bread Affected Millions. Questions Linger About Vulnerability Fix

Panera Bread logo Apparently, Panera Bread experienced a massive data breach, which the restaurant chain's management allegedly ignored for months. CSO Online reported:

"Panera Bread’s website leaked millions of customer records in plain text for at least eight months, which is how long the company blew off the issues reported by security researcher Dylan Houlihan... Houlihan shared copies of email exchanges with Panera Bread CIO John Meister – who at first accused Houlihan of trying to run a scam when he first reported the security vulnerability back in August 2017... Exactly eight months after reporting the issue to Panera Bread, Houlihan turned to KrebsOnSecurity. Krebs spoke to Meister, and the website was briefly taken offline. Less than two hours later, Panera said it had fixed the problem."

Reportedly, the sensitive customer information leaked included usernames, first and last names, email addresses, phone numbers, home addresses, birthdays, the last four digits of saved credit card numbers, dietary restrictions, food preferences, and "social account integration information."

Security experts disagree about two key issues: a) whether or not the vulnerability was fixed, and b) the number of affected consumers. Panera Bread claimed about 10,000 customers were affected. Then, that number went up:

"After some more poking, Hold Security reported to Krebs that Panera didn’t just leak plain text records of 7 million customers; “the vulnerabilities also appear to have extended to Panera’s commercial division, which serves countless catering companies. At last count, the number of customer records exposed in this breach appears to exceed 37 million.”

A check earlier today of the public-facing pages at Panera's website failed to find a breach notice, which companies usually provide after a data breach. Not good. Shoppers need to know. Many states have breach notification laws.

Panera's behavior doesn't inspire much confidence. It's internal breach-detection mechanisms seem to have failed, and its post-breach response seemed unprepared, unfocused, and disinterested. What do you think?


Apple Computer And Facebook Executives Exchange Criticisms

Chief executives at Apple Computer and Facebook recently exchanged criticisms. During a lengthy interview by Recode's Kara Swisher and MSNBC’s Chris Hayes, Apple CEO Tim Cook responded to questions about Facebook's recent data security and privacy incident. The interview was conducted in Chicago, Illinois on Tuesday, March 27. It was broadcast on MSNBC on Friday, April 6, 2018. The relevant section of the interview:

"Hayes: We are back with Apple CEO Tim Cook. In the wake of the news about data scraping by Cambridge Analytica and Facebook, you had this to say recently, and I thought it was quite interesting. You said, "It’s clear to me that something, some large profound change, is needed. I’m personally not a big fan of regulation because sometimes regulation can have unexpected consequences to it. However, I think this certain situation is so dire, has become so large, that probably some well-crafted regulation is necessary." What’d you mean?

Cook: Yeah. Look, we’ve never believed that these detailed profiles of people — that has incredibly deep personal information that is patched together from several sources — should exist. That the connection of all of these dots, that you could use them in such devious ways if someone wanted to do that, that this was one of the things that were possible in life but shouldn’t exist.

Swisher: Right.

Cook: Shouldn’t be allowed to exist. And so I think the best regulation is no regulation, is self regulation. That is the best regulation, because regulation can have unexpected consequences, right? However, I think we’re beyond that here, and I do think that it’s time for a set of people to think deeply about what can be done here.

Hayes: Now, the cynic in me says, you’ve got other tech companies that are much more dependent on that kind of thing than Apple is. And so, yes, you want regulation here because that would essentially be a comparative advantage, that if regulation were to come in on this privacy question, the people it’s going to hit harder aren’t Apple. It’s places like Facebook and Google.

Cook: Well, the skeptic in you would be wrong. (laughter) The truth is we could make a ton of money if we monetized our customer. If our customer was our product, we could make a ton of money. We’ve elected not to do that. (applause) Because we don’t... our products are iPhones and iPads and Macs and HomePods and the Watch, etc., and if we can convince you to buy one, we’ll make a little bit of money, right? But you are not our product."

The comments about regulation are relevant since Mr. Zuckerberg will testify before Congress this week about Facebook's privacy and data security incident involving Cambridge Analytica. Mr. Cook's comments highlight the radically different business models.

Mr. Cook's comments didn't sit well with Mr. Zuckerberg. Vox's Ezra Klein interviewed Zuckerberg on Monday, April 2. The relevant portion of that interview:

"Ezra Klein: One of the things that has been coming up a lot in the conversation is whether the business model of monetizing user attention is what is letting in a lot of these problems. Tim Cook, the CEO of Apple, gave an interview the other day and he was asked what he would do if he was in your shoes. He said, “I wouldn’t be in this situation,” and argued that Apple sells products to users, it doesn’t sell users to advertisers, and so it’s a sounder business model that doesn’t open itself to these problems.

Do you think part of the problem here is the business model where attention ends up dominating above all else, and so anything that can engage has powerful value within the ecosystem?

Mark Zuckerberg: You know, I find that argument, that if you’re not paying that somehow we can’t care about you, to be extremely glib and not at all aligned with the truth. The reality here is that if you want to build a service that helps connect everyone in the world, then there are a lot of people who can’t afford to pay. And therefore, as with a lot of media, having an advertising-supported model is the only rational model that can support building this service to reach people.

That doesn’t mean that we’re not primarily focused on serving people. I think probably to the dissatisfaction of our sales team here, I make all of our decisions based on what’s going to matter to our community and focus much less on the advertising side of the business.

But if you want to build a service which is not just serving rich people, then you need to have something that people can afford. I thought Jeff Bezos had an excellent saying on this in one of his Kindle launches a number of years back. He said, “There are companies that work hard to charge you more, and there are companies that work hard to charge you less.” And at Facebook, we are squarely in the camp of the companies that work hard to charge you less and provide a free service that everyone can use.

I don’t think at all that that means that we don’t care about people. To the contrary, I think it’s important that we don’t all get Stockholm syndrome and let the companies that work hard to charge you more convince you that they actually care more about you. Because that sounds ridiculous to me."

What to make of this. While Mr. Zuckerberg is entitled to his opinions, an old saying seems to apply: people in glass houses shouldn't throw stones.

There seems no question that Facebook built a platform which collected users' intimate and sensitive information, tracked users around the internet, allowed "advertisers" to collect information about both users who interacted with a quiz app and users' friends (without their friends' knowledge), allowed "advertisers" to target groups of users (regardless of the law and/or consequences), and made it easier for "advertisers" to combine data collected with information from other sources. You may remember, Facebook's "friction-less sharing" program in 2011, where apps automatically posted content in users' timelines without users active involvement. And, Facebook's history with a convoluted and often confusing interface for users to change their privacy settings.

You may remember, it was Apple which fought to protect its customers' sensitive information by resisting demands by federal law enforcement officials to build back-door hacks into its devices. I don't think Facebook can make a similar claim about protecting users' information. Actions speak louder than words.

Nobody forced Facebook to build the platform it built. Its executives made choices. And now, Mr. Zuckerberg is apologizing (again) for his company's behavior. You may remember, an admission of problems and promises to do better by Mr. Zuckerberg in January. Facebook COO Sheryl Sandberg also apologized last week about the executive failures in 2015. You might call it the #Facebookapologytour.

Mr. Zuckerberg's "an advertising-supported model is the only rational model" comment deserves attention. The only model? Mr. Zuckerberg and Facebook made the decision not to charge monthly fees. Would some users pay a monthly fee for guaranteed privacy? I imagine many users would gladly pay. I would. (An Apple co-founder is willing to pay, too.) It seems, a more accurate statement would be: an advertising-supported model is the profit-maximizing model.

Also, Mr. Zuckerberg's "advertising-supported" description of his company's business model seems disingenuous. It gives the impression that traditional advertisers pay money to passively display ads, while the reality is much more. More types of companies than traditional advertisers used the social networking service's sophisticated software tools (e.g., Facebook's API platform) to target groups and then collect data about Facebook users and their connected friends.

This makes one wonder how many other companies like Cambridge Analytica have harvested information -- either directly or indirectly via intermediaries. Facebook has suspended the account of Cubeyou, another alleged data harvester, while it investigates.

If there are more companies and Facebook executives know it, then they must admit it. Its March 21st press release promising to investigate all apps that had access to large amounts of information, and to conduct full audits of any apps with suspicious activity suggests that Facebook doesn't know. I'm not sure which is worse: knowing and not saying, or not knowing.

According to news reports, Cambridge Analytica paid sizeable amounts - US $ .75 to $5.00 per voter - for profiles crafted from Facebook users' information. Do that math... that could be amounts ranging from $1.5 to $10 million, allegedly based upon 2 million users from 11 states: Arkansas, Colorado, Florida, Iowa, Louisiana, Nevada, New Hampshire, North Carolina, Oregon, South Carolina, and West Virginia. Nobody pays that amount of money without expecting satisfactory results.

Later today, Facebook will inform users whose information may have been harvested by Cambridge Analytica. What are your opinions?