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

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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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Individual + Team Stats: Hornets vs. Timberwolves

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CHARLOTTE HORNETS MINNESOTA TIMBERWOLVES You can follow us for future coverage by liking us on Facebook & following us on X: Facebook – All Hornets X – …

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What went wrong with ‘the Metaverse’? An insider’s postmortem

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What went wrong with 'the Metaverse'? An insider's postmortem


It’s now two years since Facebook changed its name to Meta, ushering in a brief but blazing enthusiasm over “the Metaverse”, a concept from science fiction that suddenly seemed to be the next inevitable leap in technology. For most people in tech, however, the term has since lost its luster, seemingly supplanted by any product with “artificial intelligence” attached to its description. 

But the true story of the Metaverse’s rise and fall in public awareness is much more complicated and interesting than simply being the short life cycle of a buzzword — it also reflects a collective failure of both imagination and understanding.  

Consider:

The forgotten novel

Ironically, many tech reporters discounted or even ignored the profound influence of Snow Crash on actual working technologists. The founders of Roblox and Epic (creator of Fortnite) among many other developers were directly inspired by the novel. Despite that, Neal Stephenson’s classic cyberpunk tale has often been depicted as if it were an obscure dystopian tome which merely coined the term. As opposed to what it actually did: describe the concept with a biblical specificity that thousands of developers have referenced in their virtual world projects — many of which have already become extremely popular.

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Snow Crash.

You can see this lack of clarity in many of the mass tech headlines attempting to describe the Metaverse in the wake of Facebook’s name change: 

In a widely shared “obituary” to the Metaverse, Business Insider’s Ed Zitron even compounded the confusion still further by inexplicably misattributing the concept to TRON, the original Disney movie from the 80s.

Had the media referenced Snow Crash far more accurately when the buzz began, they’d come away with a much better understanding of why so many technologists are excited by the Metaverse concept — and realize its early incarnation is already gaining strong user traction.  

Because in the book, the Metaverse is a vast, immersive virtual world that’s simultaneously accessible by millions of people through highly customizable avatars and powerful experience creation tools that are integrated with the offline world through its virtual economy and external technology. In other words, it’s more or less like Roblox and Fortnite — platforms with many tens of millions of active users. 

But then again, the tech media can’t be fully blamed for following Mark Zuckerberg’s lead.

Rather than create a vision for its Metaverse iterating on already successful platforms — Roblox’s 2020 IPO filing even describes itself as the metaverse — Meta’s executive leadership cobbled together a mishmash of disparate products. Most of which, such as remotely working in VR headsets, remain far from proven. According to an internal Blind survey, a majority of Zuckerberg’s own employees say he has not adequately explained what he means by the Metaverse even to them.

Grievous of all, Zuckerberg and his CTO Andrew Bosworth promoted a conception of the Metaverse in which the Quest headset was central. To do so, they had to overlook compelling evidence — raised by senior Microsoft researcher danah boyd at the time of the company acquiring Oculus in 2014 — that females have a high propensity to get nauseous using VR.

Meta Quest 3 comes out on October 10 for $500.
Meta Quest 3.

Contacted in late 2022 while writing Making a Metaverse That Matters, danah told me no one at Oculus or Meta followed up with her about the research questions she raised. Over the years, I have asked several senior Meta staffers (past and present) about this and have yet to receive an adequate reply. Unsurprisingly, Meta’s Quest 2 VR headset has an estimated install base of only about 20 million units, significantly smaller than the customer count of leading video game consoles. A product that tends to make half the population puke is not exactly destined for the mass market — let alone a reliable base for building the Metaverse. 

Ironically, Neal Stephenson himself has frequently insisted that virtual reality is absolutely not a prerequisite for the Metaverse, since flat screens display immersive virtual worlds just fine. But here again, the tech media instead ratified Meta’s flawed VR-centric vision by constantly illustrating articles about the Metaverse with photos of people happily donning headsets to access it — inadvertently setting up a straw man destined to soon go ablaze.

Duct-taped to yet another buzzword

Further sealing the Metaverse hype wave’s fate, it crested around the same time that Web3 and crypto were still enjoying their own euphoria period. This inevitably spawned the “cryptoverse” with platforms like Decentraland and The Sandbox. When the crypto crash came, it was easy to assume the Metaverse was also part of that fall.

But the cryptoverse platforms failed in the same way that other crypto schemes have gone awry: By offering a virtual world as a speculative opportunity, it primarily attracted crypto speculators, not virtual world enthusiasts. By October of 2022, Decentraland was only tracking 7,000 daily active users, game industry analyst Lars Doucet informed me

“Everybody who is still playing is basically just playing poker,” as Lars put it. “This seems to be a kind of recurring trend in dead-end crypto projects. Kind of an eerie rhyme with left-behind American cities where drugs come in and anyone who is left is strung out at a slot machine parlor or liquor store.”

All this occurred as the rise of generative AI birthed another, shinier buzzword — one that people not well-versed in immersive virtual worlds could better understand.

But as “the Metaverse” receded as a hype totem, a hilarious thing happened: Actual metaverse platforms continued growing. Roblox now counts over 300 million monthly active users, making its population nearly the size of the entire United States; Fortnite had its best usage day in 6 years. Meta continues plodding along but seems to finally be learning from its mistakes — for instance, launching a mobile version of its metaverse platform Horizon Worlds.  

Roblox leads the rise of user-generated content.
Roblox.

Into this mix, a new wave of metaverse platforms is preparing to launch, refreshingly led by seasoned, successful game developers: Raph Koster with Playable Worlds, Jenova Chen with his early, successful forays into metaverse experiences, and Everywhere, a metaverse platform lead developed by a veteran of the Grand Theft Auto franchise.

At some point, everyone in tech who co-signed the “death” of the Metaverse may notice this sustained growth. By then however, the term may no longer require much usage, just as the term “information superhighway” fell away as broadband Internet went mainstream.  

Wagner James Au is author of Making a Metaverse That Matters: From Snow Crash & Second Life to A Virtual World Worth Fighting For 

GamesBeat’s creed when covering the game industry is “where passion meets business.” What does this mean? We want to tell you how the news matters to you — not just as a decision-maker at a game studio, but also as a fan of games. Whether you read our articles, listen to our podcasts, or watch our videos, GamesBeat will help you learn about the industry and enjoy engaging with it. Discover our Briefings.

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Social media blocks are “a suppression of an essential avenue for transparency”

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In this photo illustration the word censored is seen displayed on a smartphone with the logos of social networks Facebook, WhatsApp and YouTube in the background.

Once praised as the defining feature of the internet, the ability to connect with physically distant people is something that governments have recently been seemingly intent on restricting. Authorities have been increasingly pulling the plug, putting over 4 billion people in the shadows in the first half of 2023 alone

Social media platforms are often the first means of communication to be restricted. Surfshark, one of the most popular VPN services, counted at least 50 countries guilty of having curbed these websites and apps during periods of political turmoil such as protests, elections, or military activity.

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