Advertising

Facebook has moved more than 1.5 billion users out of reach of European privacy law, despite a promise from Mark Zuckerberg to apply the “spirit” of the legislation globally. In a tweak to its terms and conditions, Facebook is shifting the responsibility for all users outside the US, Canada and the European Union from its international HQ in Ireland to its main offices in California. It means that those users will now be on a site governed by US law rather than Irish law.

After more than 10 hours of grilling Facebook CEO Mark Zuckerberg, Congress is no closer to regulating the platform's privacy practices than it was when the hearings started. It's clear that lawmakers haven't coalesced around a regulatory end-goal, even though the threat remains.

After two days and more than 10 hours of questioning of Mark Zuckerberg, the Facebook chief executive, there was widespread consensus among lawmakers that social media technology — and its potential for abuse — had far outpaced Washington and that Congress should step in to close the gap. But the agreement largely ended there.

"Who’s going to protect us from Facebook?" asked Rep. Janice Schakowsky (D-IL) at a House Commerce Committee hearing April 11. There's currently very little recourse for Facebook users whose privacy was breached by the Cambridge Analytica leak, says Marc Rotenberg, president of the Electronic Privacy Information Center. "The reason we need privacy laws is precisely because individuals lose control over their personal information when it is transferred to a business," Rotenberg said. "Privacy laws help ensure personal data is used only for its intended purpose."

Setting aside that some people might actually like the option of paying for services in exchange for enhanced privacy protection, history tells us that advertising can support free content just fine without needing to know every detail of our lives to serve us unique ads tailored to an algorithms best guess about our likes and dislikes based on multi-year, detailed surveillance of our every eye-muscle twitch. Despite the unfortunate tendency of social media to drive toward the most extreme arguments even at the best of times, “privacy regulation” is hardly an all or nothing proposition.

Facebook’s tracking stretches far beyond the company’s well-known targeted advertisements. And details that people often readily volunteer — age, employer, relationship status, likes and location — are just the start. The social media giant also tracks users on other sites and apps. It also collects so-called biometric facial data without users’ explicit “opt-in” consent, and helps video-game companies target “high-value players” who are likely to spend on in-app purchases.

Facebook CEO Mark Zuckerberg's appearance before Congress turned into something of a pointed gripe session, with both Democratic and Republican senators attacking Facebook for failing to protect users’ data and stop Russian election interference, and raising questions about whether Facebook should be more heavily regulated. Of specific interest were the revelations that sensitive data of as many as 87 million Facebook users were harvested without explicit permission by a political consulting firm, Cambridge Analytica, which was connected to the Trump campaign.

As Mark Zuckerberg, the chief executive of Facebook, defends his company's data practices this week before Congress, one of the nation's largest cable companies is asking federal lawmakers for a bill that would rein in social media platforms, search engines and other tech giants that have access to their users' personal data.

As Mark Zuckerberg appears before Congress, a look at what lawmakers can and can’t do about Facebook.