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Facebook’s controversial Oversight Board starts reviewing content moderation cases

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Facebook’s external body of decision makers will start reviewing cases about what stays on the platform and what goes, beginning today.

The new system will elevate some of the platform’s content moderation decisions to a new group called the Facebook Oversight Board, which will make decisions and influence precedents about what kind of content should and shouldn’t be allowed.

According to Facebook, anyone who has appealed an eligible content moderation decision on Facebook or Instagram and has already gone through the normal appeals process will get a special ID that they can take to the Oversight Board website to submit their case.

Facebook says the board will decide which cases to consider, pulling from a combination of user-appealed cases and cases that Facebook will send its way. The full slate of board members, announced in May, grew out of four co-chairs that Facebook itself named to the board. The international group of 20 includes former journalists, U.S. appeals court judges, digital rights activists, the ex-prime minister of Denmark and one member from the Cato Institute, the libertarian think tank.

But as we’ve reported previously, the board’s decisions won’t just magically enact changes on the platform. Instead of setting policy independently, each recommended platform policy change from the oversight board will get kicked back to Facebook, which will “review that guidance” and decide which changes, if any, to make.

The oversight board’s specific case decisions will remain, but that doesn’t mean they’ll necessarily be generalized out to the social network at large. Facebook says it is “committed to enforcing the Board’s decisions on individual pieces of content, and to carefully considering and transparently responding to any policy recommendations.”

The groups’ focus on content taken down rather than content already allowed on the social network will also skew its purview. While a vocal subset of its conservative critics in Congress might disagree, Facebook’s real problems are about what stays online — not what gets taken down. Whether it’s violent militias connecting and organizing, political figures spreading misleading lies about voting or misinformation from military personnel that fuels targeted violence in Myanmar, content that spreads on Facebook has the power to reshape reality in extremely dangerous ways.

Noting the criticism, Facebook claims that decisions about content still up on Facebook are “very much in scope from Day 1” because the company can directly refer those cases to the Oversight Board. But with Facebook itself deciding which cases to elevate, that’s another major strike against the board’s independence from the outset.

Facebook says that the board will focus on reviewing content removals initially because of the way its existing systems are set up, but it aims “to bring all types of content outlined in the bylaws into scope as quickly as possible.”

“We expect them to make some decisions that we, at Facebook, will not always agree with – but that’s the point: they are truly autonomous in their exercise of independent judgment,” the company wrote in May.

Critics disagree. Facebook skeptics from every corner have seized on the oversight effort, calling it a charade and arguing that it doesn’t have as much power as Facebook would like people to think.

Facebook was not happy when a group of prominent critics calling itself the “Real Facebook Oversight Board” launched late last month. And earlier this year, a tech watchdog group called for the board’s five U.S.-based members to demand they be given more real power or resign.

Facebook also faced a backlash when it said the Oversight Board, which has been in the works for years, wouldn’t be up and running until “late fall.” But with just weeks to go before election day, Facebook has suddenly scrambled to get new policies and protections in place on issues that it’s dragged its feet on for years — the Oversight Board included, apparently.

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FTC finds GoodRx shared sensitive health data with Facebook, Google

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FTC finds GoodRx shared sensitive health data with Facebook, Google

Illustration: Gabriella Turrisi/Axios

The FTC on Wednesday filed a court order against GoodRx for failing to notify users that it shared their personal, identifiable health data with Facebook and Google and said it would permanently ban the company from sharing such information for ads, should the court order be federally approved.

Why it matters: The court order is the first FTC action under the Health Breach Notification Rule, which requires companies to notify users when their health data is infringed upon, and includes several safeguards aimed at protecting consumer data.

  • “We’re making clear that apps violating this rule need to come clean with consumers when they share sensitive data improperly,” an FTC official said during a press briefing about the order.
  • The order must be approved by the federal court to go into effect.

Zoom in: The health data GoodRx shared with tech companies includes individually identifiable data on users’ prescription medications and health conditions. Per the complaint:

  • In August 2019, GoodRx compiled lists of users who’d purchased medications for heart disease and high blood pressure and uploaded their email addresses, phone numbers and mobile advertising IDs to Facebook so it could identify their profiles.
  • GoodRx then used that information to target users with relevant ads.

Details: The court order, filed by the Department of Justice on behalf of the FTC in California’s Northern District, found GoodRx shared data with companies including Facebook, Google, Criteo, Branch and Twilio. The order found GoodRx:

  • Monetized users’ personal health data to target them with health- and medication-specific ads on Facebook and Instagram.
  • Let third parties it shared data with use the information for research, development or advertising purposes without getting consent.
  • Misrepresented its HIPAA compliance, displaying a seal at the bottom of its telehealth site falsely suggesting it complied with the law.
  • Failed to maintain sufficient policies or procedures to protect its users’ personal health information.

State of play: GoodRx, which offers prescription discount coupons and telehealth services, lets users track their personal health data to save, track and get alerts about prescriptions, refills, pricing and medication purchase history.

  • Per the complaint, the company collects data from users themselves and from pharmacy benefit managers (PBMs) that confirm when someone buys a prescription drug using one of its coupons.
  • Since January 2017, more than 55 million consumers have visited or used GoodRx’s website or mobile apps, the complaint says.

What they’re saying: A spokesperson for GoodRx told Axios the company does not agree with the allegations, saying the order “focuses on an old issue that was proactively addressed almost three years ago.”

  • “We admit no wrongdoing,” the spokesperson said. “Entering into the settlement allows us to avoid the time and expense of protracted litigation.”

  • “Health data today isn’t just what your doctor keeps in a file behind a desk,” an FTC official said during the briefing. “And the way we’re enforcing this reflects that new reality.”
  • “We expect this to have a significant impact on the marketplace,” the official added.

Flashback: The FTC in 2021 issued a warning to health apps and others that collect or use consumers’ health information that they must comply with the Health Breach rule.

  • “We are now showing the market that we meant business when we issued that policy statement,” the FTC official said.

What’s next: In addition to charging GoodRx with a $1.5 million civil penalty and banning it from disclosing user health information for ads, the order requires that the company:

  • Direct third parties to delete the consumer health data shared with them and inform users about the breaches and the FTC’s enforcement action.
  • Get users’ consent before sharing health data with third parties for purposes other than ads and detail the types of health information it will disclose to those parties.
  • Limit how long it can retain personal health information.
  • Create a privacy program that includes safeguards to protect such data.

Of note: While the order only binds GoodRx, companies including Facebook who received the data “are on notice that they were in receipt of data that was illegally collected,” another FTC official said.

This story has been updated to include the company’s comment.

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Facebook and Google ad oligopoly is over, fund manager says

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Facebook and Google ad oligopoly is over, fund manager says

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Inge Heydorn, fund manager at GP Bullhound, discusses competition in the digital ad market, what investors will be looking for in Meta’s results, and why it’s “all about TikTok.”

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Mike Lindell Says Jimmy Kimmel Wants to Put Him in a Big Claw Machine

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Mike Lindell Says Jimmy Kimmel Wants to Put Him in a Big Claw Machine
  • Mike Lindell says Jimmy Kimmel is requesting to interview him on his show. 
  • But Kimmel had one request, Lindell said: The pillow CEO has to sit inside a giant claw machine.
  • Lindell said this is because he is unvaccinated. 

MyPillow CEO Mike Lindell says late-night show host Jimmy Kimmel had one request of him: The pillow CEO must sit inside a giant claw machine during their interview.

“A lot of you have reached out to me: ‘Mike, don’t do it, he’s going to attack you. Why did you agree to go inside a claw game?'” Lindell said during a Facebook live stream on Tuesday. Lindell is scheduled to appear on Kimmel’s talk show, “Jimmy Kimmel Live,” on Tuesday.

“Which I did, because they, you can’t go inside the studio if you’re not vaccinated. And of course, I’m not vaccinated,” Lindell added. 

“Maybe I’ll find out that that claw game was rigged, huh, the one that picks up the stuffed animals,” Lindell quipped, seemingly referencing his own baseless claims of widespread election fraud.

The pillow CEO said his appearance on Kimmel “should be very, very interesting.” He also said he was only agreeing to the interview because he thinks it will help “save our country.”

Kimmel appeared to confirm Lindell’s account, tweeting: “MyPillow Mike from a claw machine tonight!” 

 

Kimmel said on Monday that Lindell has “repeatedly” asked to be on the show, and that he’s tried to invite Lindell back many times.

Lindell’s last appearance on Kimmel’s show was in April 2021. During their nearly 20-minute conversation, Kimmel pummeled Lindell with questions about his voter fraud claims.

“A lot of people didn’t want you to come on this show. Liberals and conservatives, told me not to have you on, and they told you don’t go on the show,” Kimmel told Lindell in 2021. “But I think it’s important that we talk to each other.”

Lindell is fresh off a big loss in his race for RNC chair, where he only secured four votes.

Lindell and representatives for Kimmel did not immediately respond to Insider’s requests for comment.



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