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Facebook faces ‘mass action’ lawsuit in Europe over 2019 breach

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Facebook is to be sued in Europe over the major leak of user data that dates back to 2019 but which only came to light recently after information on more than 533 million accounts was found posted for free download on a hacker forum.

Today Digital Rights Ireland (DRI) announced it’s commencing a “mass action” to sue Facebook, citing the right to monetary compensation for breaches of personal data that’s set out in the European Union’s General Data Protection Regulation (GDPR).

Article 82 of the GDPR provides for a “right to compensation and liability” for those affected by violations of the law. Since the regulation came into force, in May 2018, related civil litigation has been on the rise in the region.

The Ireland-based digital rights group is urging Facebook users who live in the European Union or European Economic Area to check whether their data was breached — via the haveibeenpwned website (which lets you check by email address or mobile number) — and sign up to join the case if so.

Information leaked via the breach includes Facebook IDs, location, mobile phone numbers, email address, relationship status and employer.

Facebook has been contacted for comment on the litigation. Update: A Facebook spokesperson said:

We understand people’s concerns, which is why we continue to strengthen our systems to make scraping from Facebook without our permission more difficult and go after the people behind it. As LinkedIn and Clubhouse have shown, no company can completely eliminate scraping or prevent data sets like these from appearing. That’s why we devote substantial resources to combat it and will continue to build out our capabilities to help stay ahead of this challenge.

The tech giant’s European headquarters is located in Ireland — and earlier this week the national data watchdog opened an investigation, under EU and Irish data protection laws.

A mechanism in the GDPR for simplifying investigation of cross-border cases means Ireland’s Data Protection Commission (DPC) is Facebook’s lead data regulator in the EU. However it has been criticized over its handling of and approach to GDPR complaints and investigations — including the length of time it’s taking to issue decisions on major cross-border cases. And this is particularly true for Facebook.

With the three-year anniversary of the GDPR fast approaching, the DPC has multiple open investigations into various aspects of Facebook’s business but has yet to issue a single decision against the company.

(The closest it’s come is a preliminary suspension order issued last year, in relation to Facebook’s EU to U.S. data transfers. However, that complaint long predates GDPR; and Facebook immediately filed to block the order via the courts. A resolution is expected later this year after the litigant filed his own judicial review of the DPC’s processes.)

Since May 2018 the EU’s data protection regime has — at least on paper — baked in fines of up to 4% of a company’s global annual turnover for the most serious violations.

Again, though, the sole GDPR fine issued to date by the DPC against a tech giant (Twitter) is very far off that theoretical maximum. Last December the regulator announced a €450,000 (~$547,000) sanction against Twitter — which works out to around just 0.1% of the company’s full-year revenue.

That penalty was also for a data breach — but one which, unlike the Facebook leak, had been publicly disclosed when Twitter found it in 2019. So Facebook’s failure to disclose the vulnerability it discovered and claims it fixed by September 2019, which led to the leak of 533 million accounts now, suggests it should face a higher sanction from the DPC than Twitter received.

However, even if Facebook ends up with a more substantial GDPR penalty for this breach the watchdog’s caseload backlog and plodding procedural pace makes it hard to envisage a swift resolution to an investigation that’s only a few days old.

Judging by past performance it’ll be years before the DPC decides on this 2019 Facebook leak — which likely explains why the DRI sees value in instigating class action-style litigation in parallel to the regulatory investigation.

“Compensation is not the only thing that makes this mass action worth joining. It is important to send a message to large data controllers that they must comply with the law and that there is a cost to them if they do not,” DRI writes on its website.

It also submitted a complaint about the Facebook breach to the DPC earlier this month, writing then that it was “also consulting with its legal advisors on other options including a mass action for damages in the Irish Courts”.

It’s clear that the GDPR enforcement gap is creating a growing opportunity for litigation funders to step in in Europe and take a punt on suing for data-related compensation damages — with a number of other mass actions announced last year.

In the case of DRI its focus is evidently on seeking to ensure that digital rights are upheld. But it told RTE that it believes compensation claims which force tech giants to pay money to users whose privacy rights have been violated is the best way to make them legally compliant.

Facebook, meanwhile, has sought to play down the breach it failed to disclose in 2019 — claiming it’s “old data” — a deflection that ignores the fact that people’s dates of birth don’t change (nor do most people routinely change their mobile number or email address).

Plenty of the “old” data exposed in this latest massive Facebook leak will be very handy for spammers and fraudsters to target Facebook users — and also now for litigators to target Facebook for data-related damages.

TechCrunch

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Wannabe Blackpool councillor suspended by Tories after civil service staff called 'pedos' in Facebook post

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Wannabe Blackpool councillor suspended by Tories after civil service staff called 'pedos' in Facebook post

A prospective Blackpool councillor has been suspended from the Conservative Party following a series of offensive posts on social media that called …

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Republicans, aided by Musk, accuse Big Tech of colluding with Democrats

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Republicans, aided by Musk, accuse Big Tech of colluding with Democrats

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Soon after Elon Musk took over Twitter, he began promoting screenshots of internal company documents that he said exposed “free speech suppression” on the social media platform during the 2020 election. Republicans were thrilled.

“We knew Big Tech was censoring conservatives, but the #TwitterFiles keep showing us it was worse than we thought,” House Judiciary Committee Chairman Jim Jordan (R-Ohio) tweeted recently.

On Wednesday, Musk’s “Twitter Files” will take center stage in a Capitol Hill hearing where GOP leaders will try to advance their campaign to turn Twitter’s decision to briefly block sharing a story about the president’s son into evidence of a broad conspiracy. Conservatives have long argued that Silicon Valley favors Democrats by systematically suppressing right-wing viewpoints on social media. These allegations have evolved in nearly a half-decade of warnings, as politicians in Washington and beyond fixate on the industry’s communications with Democratic leaders, seeking to cast the opposing party as against free speech.

The Twitter Files show no evidence of such a plot. Conservative influencers and stories from conservative platforms regularly draw a massive audience on social media. But Wednesday’s hearing, which will feature former Twitter executives as witnesses, is the latest effort to advance an increasingly popular Republican argument.

Elon Musk’s ‘Twitter files’ are an exercise in hypocrisy

As House Republicans throw their political weight behind the narrative that Democrats colluded with social media companies, they have formed a new House panel to probe perceived government abuses against conservatives, including allegations of social media bias. Meanwhile, two Republican attorneys general in Louisiana and Missouri have filed a lawsuit alleging that the Biden administration is circumventing the First Amendment to censor social media.

Taken collectively, these actions represent the next phase of a GOP strategy, which contributed to the distrust among some conservatives that seeded “the “big lie,” the baseless claim that the 2020 election was stolen. The early warnings that liberal employees inside tech companies tilt the playing field in favor of Democrats have ballooned into accusations that government officials actively collude with the platforms to influence public discourse.

Paul M. Barrett, the deputy director of the New York University Stern Center for Business and Human Rights, said the increased pressure from Republicans have resulted in tech companies “bending over backward” to accommodate content from right-wing accounts for fear of political reprisal.

“The fact that … people are continuing to bang this drum that there’s anti-conservative bias is really unfortunate. It’s really confusing, and it’s just not true,” Barrett said in an interview.

What the Jan. 6 probe found out about social media, but didn’t report

Top Republican leaders have made alleged tech censorship one of their first priorities in the House, scheduling hearings and demanding reams of documents in a multipronged pressure campaign.

House Oversight Committee Chair James Comer (R-Ky.), along with House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) and Jordan, in January introduced a bill called the Protecting Speech from Government Interference Act, which would penalize federal employees if they’re found to be asking social media companies to take down posts. The House Judiciary Committee has formed a special subcommittee focused on the “weaponization of the federal government,” designed in part to examine the interactions between the Biden administration and major tech companies.

Jordan sent letters in December to five large tech companies, demanding that they detail their “collusion with the Biden administration.”

“Big Tech is out to get conservatives, and is increasingly willing to undermine First Amendment values by complying with the Biden administration’s directives that suppress freedom of speech online,” Jordan wrote in the letters, which were sent to the executives of Facebook parent company Meta, Google, Apple, Microsoft and Amazon. (Amazon founder Jeff Bezos owns The Washington Post). The accusations threaten to unravel nearly a decade of investment in people and policies intended to root out violence and falsehoods online — a powerful partisan attack on Silicon Valley, even as President Biden calls for unity to take on Big Tech.

An evolution of a years-long strategy

For more than half a decade, accusations of anti-conservative bias have plagued Silicon Valley, fueled by a high-profile mishap at Facebook in the run-up to the 2016 election. Anonymous former Facebook employees told the tech news website Gizmodo that the social media giant often passed over conservative media outlets when choosing stories to curate for its “trending” news feature.

Though stories with a conservative slant regularly outperform those from moderate or liberal-leaning outlets, tensions escalated under former president Donald Trump. As tech companies scrambled to shore up defenses against misinformation in the wake of Russian influence operations in the 2016 election, they created policy on the fly for Trump’s often false and racist tweets. Under political pressure, Facebook tilted to the right in policies, personnel and public gestures, according to a Post investigation.

How social media ‘censorship’ became a front line in the culture war

Top Republicans and right-wing influencers routinely accuse the companies of secretly tampering with their follower counts or “shadowbanning” their posts, even as their online audiences have grown. For many influencers, promoting how deeply they’ve been suppressed has become a marketing tool, especially after a number of them were invited by Trump to a White House “social media summit” on censorship in 2019. The president’s son, Donald Trump Jr., that year solicited preorders for his book on Twitter by calling it “the book the leftist elites don’t want you to read.”

Prodded by calls in Congress to overhaul social media laws, Trump signed an executive order that sought to change Section 230, a decades-old legal shield that prevents tech companies from being sued over the posts, photos and videos that people share on their platforms. In 2021, social media companies made the unprecedented decision to ban a sitting president from their services in the wake of the Jan. 6 attack on the U.S. Capitol.

Trump’s ban ignited a new legislative strategy in Republican-led statehouses. Florida and Texas forged ahead with new laws aimed at prohibiting the companies from banning politicians and censoring political views. States and the tech industry have called on the Supreme Court to weigh in on the constitutionality of the laws, after federal appeals courts issued conflicting rulings. The Supreme Court recently asked the Biden administration to weigh in on whether states can bar social media companies from removing political speech.

From the early days of his deal to buy Twitter, Musk has signaled that he shares Republican concerns that tech companies are suppressing their views. Before closing the deal, he boosted criticism of Twitter executive Vijaya Gadde, who was involved in politically controversial content moderation decisions, including the decision to ban Trump. Republicans have summoned Gadde to testify at Wednesday’s hearing.

Twitter lawyer long weighed safety, free speech. Then Musk called her out.

Since the deal closed, House Republicans have pressed Musk to hand over records related to Twitter’s handling of the New York Post article about Hunter Biden. In December, a group of handpicked journalists tweeted screenshots of internal company documents dubbed the Twitter Files, and GOP policymakers immediately teased congressional action.

“We’re very serious about this. We’re very concerned about this,” Comer said in a December interview on Fox News.

Back on Capitol Hill, Comer described the hearing as the beginning of a “narrow investigation” into “influence-peddling by the Biden administration.” House Republicans have mounted a sprawling effort across multiple congressional committees to scrutinize communications between tech companies and Democratic leaders, blanketing platforms and public officials with demands for documents and internal emails.

“I think Musk should be applauded because he’s been very transparent,” Comer said. “He’s putting stuff out there.”

Democrats on the House Oversight Committee say they plan to use the hearing to probe former Twitter leaders on concerns about violence and misinformation.

“Elon Musk has made it clear that he is going to be completely with the right-wing propaganda program,” Rep. Jamie B. Raskin (Md.), the committee’s top Democrat, said in an interview with The Post.

Raskin said that the controversy over whether the government alerted Twitter that the Hunter Biden story could be foreign propaganda was a nonissue, and that GOP bills seeking to ban such interactions would only serve to benefit foreign leaders like Russian President Vladimir Putin.

“I think it should be completely within the power of government to alert private media entities about the existence of foreign propaganda and disinformation campaigns,” he said. “So that legislation … looks like it’s going to be very good news for Vladimir Putin.”

Jan. 6 Twitter witness: Failure to curb Trump spurred ‘terrifying’ choice

Meanwhile, discovery continues in the Missouri and Louisiana case. Biden administration lawyers have attempted to dismiss the case, arguing that it contains no plausible evidence of coercion. The U.S. Court of Appeals for the 5th Circuit has been skeptical of the states’ arguments, urging a lower court to consider the federal government’s argument that voluminous documents produced during discovery have so far shown no First Amendment violation.

State attorneys general leading the suit said in a recent statement that the litigation is part of a broader strategy to defend constitutional rights.

“This case is about the Biden administration’s blatant disregard for the First Amendment and its collusion with Big Tech social media companies to suppress speech it disagrees with,” Missouri Attorney General Andrew Bailey said.

Bailey’s office has promoted emails between the White House and Facebook, in which a White House official flags posts related to coronavirus vaccinations that he finds concerning. In one message, the official says that “the top post about vaccines today is tucker Carlson saying they don’t work.” Biden has previously called on social media companies to address coronavirus misinformation.

Barrett, the NYU professor, said political leaders and government officials have been communicating with companies for years, citing Trump’s dinner as president with Facebook chief executive Mark Zuckerberg. Often, such communication is not nefarious, Barrett said, and has the routine intention of getting out information about how to vote or protect public health.

“We don’t want there to be some kind of impenetrable wall between these companies and the government,” Barrett said.

There is a need for Silicon Valley to be more transparent about its policies for interacting with governments and legal enforcers, he added, and congressional hearings could be a venue for politicians from both parties to ask “fair and substantive” questions about companies’ efforts to promote authoritative information.

But Barrett is not expecting that at Wednesday’s hearing, which he said has “all the earmarks of a purely partisan mudslinging exercise.”

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Eight dogs at risk of being “destroyed” if not found homes

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Eight dogs at risk of being “destroyed” if not found homes

SAN ANGELO, Texas (Concho Valley Homepage) — Concho Valley PAWS posted on their Facebook page today that eight dogs are currently at risk of being “destroyed” if not found homes by 5 p.m. Friday, February 10, 2023.

Editors note: A ninth dog has been added to the list on the City of San Angelos’s Facebook page

The San Angelo Animal Shelter is currently at capacity with 180 dogs on the premise with more on the way.

CC PAWS

Listed below is a description of each at-risk dog from Concho Valley PAWS:

Leavey is a neutered male husky. High energy! Needs training and PAWS will provide new owners with professional training. He is 2 years and plays well in playgroup but requires 6 ft. fencing. No cats!

Charming is a 2-year-old male All-American Mix and prefers to be an only dog. He may do well with a submissive female in the home. He needs leash training. He does well with older children. He is still shy and a bit fearful so younger children may scare him. No cats!

Zeus is around 5 years old. He is a male lab mix that loves humans but not other animals. He does well on a leash and in a kennel. He’s neutered and ready to go home TODAY! No Cats!

Gilgo has anxiety issues and needs patience. He is GREAT with other dogs but does not trust humans and fear prevents him from showing well to adopters. He has the potential to be someone’s best friend. He needs a kind and patient soul to invest time and effort and we know he’s worth it! We are unsure if he will get along with cats.

Yowza is a female lab mix. She is one year old and has spent her life in the shelter and hasn’t even had a chance. She deserves to know what it’s like to be a part of a loving family! She’s high energy and needs training – she’s been confined her entire life. She does great with other dogs in the playgroup! PAWS will provide new owners with professional training. We are unsure if she will get along with cats.

Gummy Bear came to the shelter from a hoarding situation. He is shy and standoffish. He is fearful of men. He does great with other dogs – he lived in a home with 20 small dogs. But humans he does not trust. He is a male All-American breed approximately 3 years old.

Chewie is dog-selective and kennel reactive. He could benefit from living in a foster home where we could better get to know who he really is without the stress of the shelter environment. He is a large 60lb male dog and is approximately 2 years old.

Tac is a super fun boy with zero manners. Prior to living in the shelter, he had no opportunity for proper socialization or training. He has the potential to be a fantastic dog. He is loving and playful and has joy in life. PAWS will provide professional training for his new owner or foster.

Cheyenne is the ninth dog at risk and is listed as a Terrier, American Pit Bull / Mix. She is four years and six months old.

If interested, please contact [email protected] as soon as possible.

Click here for an Adoption Application

Click here for a Foster Application

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