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LQD: A Civil Action

by Cat Thu Mar 29th, 2018 at 05:06:19 AM EST

App Makers Settle Privacy Class Action for $5.3 Million

A federal judge on Tuesday [27 MARCH 2018] finalized a $5.3 million deal to settle claims that Twitter, Instagram and other app makers uploaded Apple device users' personal data without consent.

Lead plaintiff Marc Opperman sued Apple and 17 app developers in March 2012 in one of five consolidated class actions. The plaintiffs claimed Apple allowed app makers to swipe their contacts data, including email addresses, from iPhones and other devices without permission.

The eight respondents identified in the article are Twitter, [Facebook subsidiary] Instagram, Yelp, Foursquare,Foodspotting, Gowalla, Kik Interactive and Kong Technologies<, which acquired the social media app Path in 2015.
In July 2016, U.S. District Judge Jon Tigar certified a nationwide class of 480,000 Apple device users for claims against Apple and Path. But last year, Tigar denied class certification for claims of false advertising against Apple, finding little evidence that Apple extensively touted data security in its marketing and advertising.
Despite Apple's much touted defense in 2016 for refusing an FBI demand for it to decode firmware-encrypted data stored in a San Bernardino murderer's iPhone. At the time Apple corp-comm stated, "From the beginning, we objected to the FBI's demand that Apple build a backdoor into the iPhone because we believed it was wrong and would set a dangerous precedent. As a result of the government's [motion for] dismissal, neither of these occurred." Within a month of filing its lawsuit, the FBI however either succeeded on its own or employed a third-party to "unlock" data stored in the specific iPhone or Apple's proprietary server equipment ("the Cloud"). That news evidently provoked the added complaints against Apple's misrepresentation(s) about software security features and services (firmware and proprietary operating system API) installed on its devices. For Apple also had published a letter of assurance to its customers that tied quality control of its products to their political interests in preventing unlawful search or seizure of such (licensed) property.
The government is asking Apple to hack our own users and undermine decades of security advancements that protect our customers -- including tens of millions of American citizens -- from sophisticated hackers and cybercriminals. The same engineers who built strong encryption into the iPhone to protect our users would, ironically, be ordered to weaken those protections and make our users less safe.


Instrumental facts in this case, dating to 2012, bear a timely resemblance to the "architecture" of client and data exploits exclusively associated with Facebook titles and Cambridge Analytica "market research." But for the implication of various IP telecommunication device manufactures like Apple without whom purportedly non-consensual "personal information" acquisitions would be impossible. Tigar's final order appears to foreshadow the extent to which US courts are willing to reason and calculate restorative justice due survivors of IP "app" abuses.

The class is comprised of all persons in the United States who activated one of the applicable apps on an Apple device during the relevant time period. [Final Order]
Public notice to file claims on or before November 10, 2017 evidently attracted little attention. On the other hand, a 0.6% response rate over five years is tragic statement about the "app developers" actual, combined market share or size of dissatisfied users. However, the court appears to have exercised an active interest in mitigating the penalty for this "data breach". Not only did Tigar reduced plaintiffs' request for $15,000 class representative awards to $7,500 and $5,000, he instructed  the U.S. Attorney to investigate "thousands of potentially fraudulent claims" to settlement proceeds.
Out of more than 13 million potential class members, 81,853 filed legitimate claims for nearly 300,000 downloads, according to a motion for final settlement approval filed in on Nov. 30, 2017.
One outcome that I hope escapes "best practice" in US Web 5.0 tort law is distribution of customer rewards in the form of an Amazon gift card.
Any funds from checks not cashed or failed Amazon payments will be distributed on a cy pres basis to the Electronic Frontier Foundation, a leading non-profit defending civil liberties in the digital world.
[...]
In this case, each class member will receive a pro rata distribution of the $5,300,000 settlement fund based on the number of apps they downloaded. ... Given the number of submitted claims, each class member who did submit a claim will receive, on average, $39, or $10.70 per app downloaded. ... Given that the Court certified only claims for nominal and punitive damages, the settlement is possibly a better result than the potential recovery available at trial.[Final Order]
That's no way to deter marketable data "harvesting", redeemable downloads, and kickbacks.

Display:
Duly noted:
Until Google [ANDROID API?] instituted some changes in October 2017
deadline for claims Nov 2017
allowing an app to access your contacts could also give it access to the kinds of call and text records in question in this matter. According to the report, all of the call and text records end in October 2017 -- which suggests, but does not prove, that the main Facebook app for Android was taking advantage of that method to get the data.
I dunno. Do the court's findings in the Final Order "prove" device manufactures' firmware did not prevent an "app developer" utilizing TCP/IP, SMS ports to query OS registry or transmit data stored in SIM or SD cards?
Also of note is that Apple's iOS, the operating system on the iPhone and iPad, doesn't allow that kind of access to call and text data at all without very specific permission [?]. That means Apple fans don't have to worry as much about Facebook having call or text records.
Permision? Such as alternate user contact info to "recover" a password. How many "app" subscribers have voluntarily turned over a cell phone number, I wonder idly.

Diversity is the key to economic and political evolution.
by Cat on Thu Mar 29th, 2018 at 11:19:36 PM EST
I was wondering. There is no Android permission called anything like "phone call and text message metadata". I am quite certain that I never gave anyone that permission, because GOOGLE never posed the question. They are the primary guilty party here, because they are the "trusted" intermediary who betrayed trust.

Yeah I may end up getting an eyefone. (I already bought one for my daughter. Artists need apples.)

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Fri Mar 30th, 2018 at 04:52:52 PM EST
[ Parent ]
"Metadata" is a block of hidden (XML format) text akin to indicia or watermark or time stamp automatically prepended by the application used to create a file, for example, SMPT, SMS message/e-mail or pdf or MSFT Word (document properties). Back in Netscape days email metadata was called a "header" and comparatively simple to display, if not modify or delete.

Permissions, use of and ownership right to (IPR), disputed lately concern user-input (eg. form responses, file uploads) and "app developer" processes (not displayed) of the application that collect information about user onsite and offsite activities and derivative data thereof (eg. anonymized IPR) created by "app developer". Facebook's advertised defense ("customized" user settings, preferences, "experience," reporting) and legal (Terms of Service contract, "By using this site ...") defenses are by no means unique methods of vacating users' inherent property rights.

I gave up on Apple after PowerPC and whole lot of BS to lock-in developers and customers to poorly documented, programmed obsolescence.

And I'm extremely bearish about G+ horizontal "trust" -- commercial crossing educational "account" distribution.

Were I still trading on digital DT pre-pro, design, or illustration? I'd be more concerned about Adobe "cloud" computing and licensing racket.

Diversity is the key to economic and political evolution.

by Cat on Fri Mar 30th, 2018 at 11:03:52 PM EST
[ Parent ]
Interview with EU Digital Commissioner Mariya Gabriel
Facebook has come under pressure for selling access to users' personal data to other companies. Does that business model need to change?

We all knew that was the business model. But as the European Union, we'd like to really promote that there is no [?] contradiction between business models and the protection of personal data.

We all know there are values and there is responsibility. For me, that's the added value of the European approach. We are not the United States, we are not China. But as Europeans we'd like to keep this human-centric approach.

Users need to know what happened with their data. That's why we made consent a key element in the GDPR and ePrivacy. Let's not be afraid of the consent of users.


the "informed consent" of users may require compensation. Quarterly financial statements for each advertisers' campaign might do the trick.

Diversity is the key to economic and political evolution.
by Cat on Thu Mar 29th, 2018 at 11:26:19 PM EST
What is actually required is open-source social media apps on publicly-provided infrastructure. Make every user sovereign with respect to their own data, and choose who they want to share it with; regulate the predators.

The EU could do this, cheaply. It would be immensely popular, and far more significant than their "free roaming" or "free wifi" gimmicks.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Fri Mar 30th, 2018 at 04:57:36 PM EST
[ Parent ]
Yes, indeedy, common property in the custody of "information service providers". Not "common carriers". See the distinction?

Leaked EU overhaul gives tech companies 10 days to share 'e-evidence' data with police 30 Mar

The "e-evidence" legislation will force a broad range of digital communication apps to respond quickly to requests for data. Services that will fall under the new rules include "social networks, such as Twitter and Facebook", cloud providers, domain name registries and registrars, and even "digital marketplaces that allow consumers and/or traders to conclude peer-to-peer transactions" like user forums on ecommerce platforms. The reform is scheduled to be announced on 17 April.
[...]
EU Justice Commissioner Vera Jourova has argued that the legal change is needed because authorities currently face difficult and long processes to receive data stored in other countries for their investigations.
[...]
The new system will circumvent MLATs, or mutual legal assistance treaties ... A new regulation will create legal systems for authorities in EU member states to demand companies share data within 10 days, or six hours if there is "imminent threat to life or physical integrity of a person or to a critical infrastructure". ... The proposal specifies that any services that EU-based users can access through app stores will also fall under the rules. As a result, law enforcement authorities in EU countries will be able to demand user data from any messaging app or digital communication service operating in the bloc.
[...]
Earlier this year, Jourova confirmed that she was seeking to expand the new system to include a data sharing arrangement with the United States. ... US authorities will be able to demand data held abroad if it's needed for investigations, under the new CLOUD Act, which lawmakers approved last week in a fast-tracked vote.

Legal experts argue that the strict new EU data protection law set to go into effect in May will prevent companies from being forced to give American authorities data, unless EU member states agree to bilateral deals with the US. That means that under the new proposals, US-based companies will be required to give data to European authorities if they operate in the bloc. But European companies do not need to comply with American data demands.
[...]
An aide to Jourova revealed last November that the Commissioner had asked US Attorney General Jeff Sessions months earlier to start negotiations for an EU-US agreement.... Microsoft is currently at the centre of a high-profile case before the US Supreme Court over the company's refusal to hand over data to US authorities that is held on a server in Ireland. The Commission has sent its own submission to the Supreme Court.

United States v. Microsoft Corp., of which Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.

archived
the CLOUD Act Passes 25 Mar
retrieving MSFT off-shore email 3 Mar

Diversity is the key to economic and political evolution.

by Cat on Fri Mar 30th, 2018 at 10:01:08 PM EST
[ Parent ]
Amazon Selects LA for $5 Billion HQ2
While the details of tax abatements and incentives will be revealed over time, especially as they are vetted by the public and legislative bodies, we do not need to engage in bashing the incentives, Amazon, its billionaire CEO, Mayor Garcetti, and political establishment for these giveaways. Rather, we should be thanking the political establishment and focusing on the multiple benefits that HQ2 is bringing to our City and the metropolitan area.

So. Victory for the DNC --jobs saved or created?

Diversity is the key to economic and political evolution.
by Cat on Sat Mar 31st, 2018 at 07:54:26 PM EST
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[...]
LinkIn

3.3 million email addresses and passwords up for grabs: AD
The paper had access to the database which contained 1.4 billion email addresses and passwords from around the world and found information about staff at various (government) organisations. MPs and radio and tv personalities are also included. The origin of the breach are likely to be the dozens of big data leaks over the past few years, which included the websites of Uber, LinkedIn, Dropbox and eBay. According to the AD, the lists, which used to be difficult to find and expensive to access, are now easily available.


Diversity is the key to economic and political evolution.
by Cat on Sun Apr 1st, 2018 at 02:33:38 AM EST
US motion to dismiss US vs MSFT, lobby shennanigansU.S. government seeks end to Supreme Court privacy fight with Microsoft<
"This case is now moot," the U.S. Department of Justice said, citing the newly passed legislation, in a 16-page court filing on Friday that requested the dismissal.
[...]
Some justices urged Congress to pass a law to resolve the matter.
[...]
The bipartisan new law, known as the Cloud Act, was supported by Microsoft, other major technology companies and the Trump administration.
[...]
Microsoft, which has 100 data centers in 40 countries, was the first American company to challenge a domestic search warrant seeking data held outside the United States.

FIFY

Diversity is the key to economic and political evolution.

by Cat on Sun Apr 1st, 2018 at 12:48:07 PM EST
Deutsche Post sold voter microtargeting [!] data to CDU and FDP
The Sunday edition of the national broadsheet Bild [!] reported that Chancellor Angela Merkel's conservative Christian Democrats (CDU) and the center-right Free Democrats (FDP) purchased "more than a billion" of pieces of personal data about potential voters from a subsidiary of Deutsche Post in the run-up to Germany's national election in September.

The data was reportedly anonymized but contained enough information for the parties to determine, for instance, the general political leanings of residents of a building.
[...]
Social media platforms such as Facebook and Twitter have long sold [PUBLISHING SERVICES] -- something for which they are coming under increasing criticism. Nonetheless, questions abound as to whether such ads do much good in Germany.

< wipes tears >
here has so far been little legislative oversight of microtargeting, which is used by parties in various countries in Europe and elsewhere.

"Different rules apply to commercial and political advertising," Balazs Bodo, Natali Helberger and Claes H. de Vreese, researchers at the University of Amsterdam, wrote in a 2017 study. "While both in the US, the UK and in the EU sophisticated regulatory frameworks [!] protect consumers from false and misleading commercial advertisements, political speech is not judged by the same standards."

There's this thing about liars ...
There is little evidence that microtargeting had great influence on the outcome of the September 2017 vote in Germany. Even with the data from Deutsche Post, the CDU recorded its worst result in 68 years.

But Bild's report is an embarrassment -- particularly for the FDP, which often presents itself as a pro-privacy party that stands up for citizens' rights. And the perception that microtargeting, regardless of its true effectiveness, can be used to influence election outcomes has the potential to further undermine popular faith in democracy.



Diversity is the key to economic and political evolution.
by Cat on Sun Apr 1st, 2018 at 09:17:22 PM EST
Trash Talkin'
Obviously, the big data companies are either Chinese [?] or American so the leaders in connected mobility are the Qualcomms [USA!] and Broadcoms [USA!] and the Ciscos [USA!] of the world.
BWAH! Big Data, 'Big Tech,' Big Barriers to Entry
My sense is that the prize in Europe will not be as big as the prize in the US. America is a country where the culture of the economy is very much winner takes all, it has very little public transport spending.
[...]
So you'll call an autonomous vehicle without a steering wheel, you'll jump in it, it'll sell you stuff on Amazon, it'll sell you Facebook ads. It'll be crunching your data and if you're a wealthy person who is prepared to opt-in for your data, it'll give you a free lift in exchange for selling you ads, for you shopping on Amazon, etc.
Personal Point of Reference: When I was doing "knowledge management" research at the turn of the century, divergence in applied IP stood out in three ways. Europe was "ahead" in telecoms antitrust, USA was "ahead" in consumer Web2.0 adoption rate (having built-out, then sub-leased 5-eyes transoceanic backbone), and ROW was "leaping" to cellular device and app marketing. Let's therefore continue to follow the money in total, time-sensitive information awareness.

Diversity is the key to economic and political evolution.
by Cat on Tue Apr 3rd, 2018 at 06:20:16 PM EST
If you'd have picked a different reference point, France would have been ahead in Web0.5 adoption rate (usually known as Minitel). I'm not sure how this fits in with your theory.
by gk (gk (gk quattro due due sette @gmail.com)) on Wed Apr 4th, 2018 at 06:26:57 AM EST
[ Parent ]
Fair enough. I see your Minitel and raise you a Compuserve. But I'm not referring to early adopters. Or transnational, gov't sponsored enterprise (GSE) including academics.

I'm looking back at big moves in the quarter century, not theory, but arc of an S-curve for each line of business, so to speak. The '90s were an especially heady period for transnational M&A --especially telecom P&E. Remember AT&T/BT/Vodaphone! UCC/MCI/Woldcom! Qualcom! L3! You see a pattern yet?

  • EU: Break-up of national telecoms not to mention DTV transition mandates, state-by-state. This policy had tremendous competitive effect across telecom sectors which US continues to trail. Thing is, european demand.
  • USA: "Consumer" --explosive VC investment in IP and hardware toward e-commerce, B2B and B2C. I entered the markets with AOL and Compuserve in '91, on a Mac, before Yahoo! and GOOG. Now look. Which european will tell you Facebook is indispensible?
  • ROW: Cellular service. Not a theory, I used to subscribe to proprietary market-makers eg. Gartner, Forrester, HfS & IDC. Phones were cheap, are cheaper than PC. Now look. Only Facebook balloons have been trying to PENETRATE this network.


Diversity is the key to economic and political evolution.
by Cat on Fri Apr 6th, 2018 at 10:49:35 PM EST
[ Parent ]
433M "connections"

and the Honest Ads initiative
Facebook tightens issue ads, political ads to prevent election interference
Advertisers who want to run political or issue ads on Facebook now must have their identity and location verified, Facebook CEO Mark Zuckerberg said in a post Friday.

"Any advertiser who doesn't pass will be prohibited from running political or issue ads," wrote Zuckerberg, who is scheduled to appear before Congress next week. "We will also label them and advertisers will have to show who paid for them. We're starting this in the U.S. and expanding to the rest of the world in the coming months."



Diversity is the key to economic and political evolution.
by Cat on Fri Apr 6th, 2018 at 11:13:02 PM EST
at least he didn't say "advertisers who want to buy ads."


Diversity is the key to economic and political evolution.
by Cat on Fri Apr 6th, 2018 at 11:15:31 PM EST
[ Parent ]
close but no cigar.
Roll Call | Facebook To Tighten Grip On Political Ads, As Zuckerberg Heads To Hill
Facebook will [tighten ][SIC] its requirements [to place][SIC] political advertisements [on its platforms][SIC] ...
s/b   Facebook will add to | extend | expand its requirements to publish political advertisements.
In a Facebook post Friday, Zuckerberg officially endorsed the Honest Ads Act to regulate digital ads that could appear across the internet -- including on social media like Facebook and Twitter.
m'k. Let that settle, then US Americans might be prepared to begin a "national conversation" about abridging 1st Amd. and US Supreme Court "landmark" rulings, Sullivan, for example.

Incidentally, Klobuchar's baby, referred to in A Trip to the Woodshed, is not yet public law

Diversity is the key to economic and political evolution.

by Cat on Sun Apr 8th, 2018 at 12:45:31 AM EST
[ Parent ]
too little, too late
By the end of the century, US Americans of all sorts were impressed by Google's apparently charitable project to index every known URL and publish this data, evil "ad-free." Scarcely a thought was given to Google finance except to praise VC arbiters. Google hardly publicized R&D "sales".
Google workers demand an end to military projects (2018)
"The letter, which had been circulating internally at the company for a number of weeks..."
On or about 2006, before the split in 2104, GOOG spiked. AdWords ran in the background. Doubleclick acquisition had not occured. Index normalization was not complete. "Users" still selected country tables from a list. So. How had the business changed --"materially"?
Google workers demand end to company's involvement in drone murder (2018)
The letter warns that the company's actions "will irreparably damage Google's brand," and that "by entering into this contract, Google will join the ranks of companies like Palantir, Raytheon, and General Dynamics.

archived/N-S-sherlock/the brand, boss! the brand!
SALGADO

Diversity is the key to economic and political evolution.
by Cat on Sun Apr 8th, 2018 at 02:14:25 PM EST

trending. Syntax of 'properly shared" developing ...

Diversity is the key to economic and political evolution.
by Cat on Sun Apr 8th, 2018 at 05:26:22 PM EST
for posterity a premature "victory lap"
`Thank you, Mr Zuckerberg'

Diversity is the key to economic and political evolution.
by Cat on Wed Apr 11th, 2018 at 05:48:11 PM EST
heh. AFP fingers farm-raised advertising "media plans"
Zuckerberg defends Facebook business model
he stiffly defended Facebook's use of the data and postings of the 2.2 billion users of its free platform -- in order to attract the ad revenue that the $480 billion company depends on
[...]
Zuckerberg was not willing to let that erode Facebook's fundamental model, in which advertisers [PURCHASE] the massive data the social network collects on its users -- what they like and dislike, where they go, who they link to -- to pinpoint [CONSUMER MARKET SEGMENTS].


Diversity is the key to economic and political evolution.
by Cat on Wed Apr 11th, 2018 at 06:24:36 PM EST


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