SOCIAL
Twitter Urges Judge To Toss Suit Over Ad-Targeting Slip-Up — For Good 03/03/2023

Twitter is urging a federal judge to again throw out a class-action privacy lawsuit over allegations that the company incorporated users’ email addresses and phone numbers, which were provided for security purposes, into an ad-targeting platform.
U.S. District Court Magistrate Sallie Kim in the Northern District of California previously dismissed the complaint, ruling in December that even if the allegations in the complaint were proven true, they would not show that Twitter’s users had been harmed.
At the time, Kim allowed the users who brought the complaint to beef up their allegations and bring it again. The users did so last month.
Twitter now says the new complaint should also be dismissed, this time with prejudice — meaning that the users wouldn’t be able to revise their allegations and refile the complaint.
“Plaintiffs still fail to allege any concrete, particularized injury,” Twitter writes in papers filed Wednesday with Kim.
The battle dates to last May, soon after the Federal Trade Commission fined Twitter $150 million for allegedly misleading users by asking for their phone numbers and email addresses for security, then feeding that data into an ad-targeting platform. The FTC claimed that Twitter’s alleged misrepresentations violated a 2011 consent decree barring the company from misstating its privacy practices.
Twitter, which disclosed the snafu in 2019, said the contact data was mistakenly incorporated into an ad platform that allows companies to use their own marketing lists to target ads on Twitter.
Maryland resident Lauren Price, later joined by other Twitter users, sued Twitter over the data mixup.
Price and the others alleged in their amended complaint that phone numbers and email addresses are valuable to advertisers.
The amended complaint referenced various online estimates by consultants, specifically citing an Avid Mobile study for the proposition that the value of an email address to an advertiser is around $33, and the value of a phone number is around $101.
“Numerous marketing services and consultants, offering advice to companies on how to build their email and mobile phone lists — including those seeking to take advantage of Twitter’s targeted marketing, at issue here — direct putative advertisers to offer consumers something of value in exchange for their personal information,” the users alleged in the February complaint.
Twitter counters that even with the new allegations, the users haven’t shown how they could have been harmed.
“Plaintiffs still fail to allege any concrete, particularized injury for purposes,” Twitter writes.
The company adds that the allegations about the value of contact data “suggest only that contact information can be valuable to a business that uses it to communicate advertising to its customers,” and not that the plaintiffs personally attempted to sell their data, or that their ability to do so was impaired by Twitter.
Price and the other users are expected to respond to Twitter’s argument later this month.
SOCIAL
Biggest fines under EU privacy law

Mark Zuckerberg’s social media firm — owner of Facebook, Instagram and WhatsApp — has racked up roughly two billion euros in fines – Copyright /File Brendan Smialowski
Joseph BOYLE and Jules Bonnard
The European Union rolled out its mammoth data privacy regulation five years ago this week, and has since handed down billions in fines.
Ireland’s data watchdog smashed the record for an individual fine on Monday when it demanded 1.2 billion euros ($1.3 billion) from Meta over its transfers of personal data between Europe and the United States.
Here are some of the worst offenders of the General Data Protection Regulation (GDPR):
– Meta: undisputed fine king –
Mark Zuckerberg’s social media firm — owner of Facebook, Instagram and WhatsApp — has racked up roughly two billion euros in fines.
Breaches by Meta have included a mega-leak of some 533 million phone numbers and emails, mishandling children’s data and repeatedly failing to give a legal basis for its data collection.
Meta, along with the likes of Google, Twitter and LinkedIn has its European headquarters in Ireland, a low-tax regime that has courted big tech.
The Irish privacy watchdog has been reluctant to hand down big fines but said in a statement on Monday that the EU’s central authorities had ordered it to collect 1.2 billion euros from Meta.
Austrian campaign group NOYB said it had spent millions in a decade-long legal battle to force the Irish watchdog to tackle the case.
“It is kind of absurd that the record fine will go to Ireland — the EU Member State that did everything to ensure that this fine is not issued,” said NOYB’s Max Schrems.
– US giants: In Meta’s shadow –
Luxembourg lit a torch under the Silicon Valley data industry in 2021 by slapping Amazon with a record fine of 746 million euros.
The country, whose low-tax policies have led campaigners to label it a tax haven, refused to give details of its decision at the time, only providing a brief statement after Amazon revealed the fine in its regulatory filings.
The online retail giant had been sued by a European consumer group claiming personal data was collected for ad-targeting without permission.
However, Amazon denied any breach and promised to appeal. It is unclear whether the fine has been paid.
Google has faced plenty of GDPR pain too.
France’s data watchdog hit the search giant with 50 million euros in fines for a lack of transparency on its Android mobile operating system in 2019 — the biggest such fine of that year.
– Clearview AI: Widespread penalties –
Clearview AI may not be a household name, but it claims to own billions of photos of people’s faces that it sells as a searchable AI-powered database to law enforcement and other clients.
It scrapes the images from the web, often from social media accounts, without asking permission.
Privacy watchdogs in Greece, Italy, France and the UK have all hit the US firm with fines totally roughly 70 million euros, and regulators in Germany and Austria have declared it illegal.
The firm has consistently said it has no offices or clients in Europe and is not subject to EU privacy laws.
The status of the fines is unclear. France issued a penalty of five million euros recently, accusing the firm of failing to pay the initial fine.
– Public bodies, hacks –
In the early days of the GDPR, several watchdogs cracked down on public institutions, raising profound questions about the regulation’s scope.
Bulgaria fined its own tax authority around three million euros in 2019 after hackers stole the details of millions of people.
But several issues in the case were referred to the European Court of Justice, including whether such a hack automatically meant the data controller had not complied with GDPR.
The court has not yet issued a final decision.
Portugal handed down one of the first significant fines under GDPR — 400,000 euros — in November 2018 to a hospital near Lisbon.
The watchdog ruled that the institution had allowed unauthorised access to patients’ data and the case was seen as an early wake-up call for public bodies to get busy with GDPR compliance.
Portugal later gave public institutions three years to adapt to the new regime, meaning the fine was never enforced.
SOCIAL
I Hired Gen Zers and Was Shocked by Their Professionalism

- Jen Hartmann is the founder and CEO of a marketing agency in Louisville, Kentucky.
- She recently hired two Gen Zers to help with social media.
- Hartmann said the workers were eager to get feedback and improve.
Last year, Jen Hartmann found herself hours into a TikTok scroll. The founder and CEO of a marketing agency in Louisville, Kentucky, she was on the hunt for marketing trends. That night, she realized she needed a Gen Z employee. She’s since hired two and says it’s dramatically helped her brand.
This is an as-told-to essay based on an interview with Hartmann about hiring young employees.
The interview process surprised me
I started interviewing Gen Z candidates for our roles in public-relations coordination because I was spending too much time on TikTok. As a CEO, I wanted to take a step back from client strategy. I thought Gen Z could bring a fresh perspective.
How the interview process shook out was totally unexpected.
I came to the table thinking: “They’re just looking for a job or a paycheck. They’ll be in and out the door in a month or two.”
That was not true: They came to the interviews dressed better than we were. They were prepared, had listened to relevant podcasts, and had looked at our website. And they emailed and messaged us on LinkedIn after the interviews to thank us.
Their level of professionalism blew my mind. They were more professional than some of the millennials we had spoken with.
My Gen Z employees take ownership of tasks and are open to feedback
Our Gen Zers were onboarded very quickly; they didn’t need as much hand-holding as I expected.
They also asked a lot of questions. As a founder, I appreciated that they were eager to learn and get feedback — not just on what they did well but also on what they could improve.
I was also surprised by their willingness to take ownership. They contribute good ideas during client calls without even being asked.
And if they make a mistake, they’re willing to take responsibility and fix it.
Prioritization, however, can be a little difficult for them. When you’re a new employee, it’s hard to figure out where to start if you have 15 things on your to-do list. I’ve had to work on that with them.
And when it comes to communication, we have to deliver feedback differently. I have to be gentler so it doesn’t get miscommunicated that I’m mad at them or going to fire them.
Gen Z seems to be a little more feelings-centric than millennials. Millennials have a harder outer shell. That’s not a bad thing. It’s great that Gen Z is in touch with and open about their emotions.
But because of that, millennial bosses need to be careful not to send the wrong message, especially if it’s all done over Slack or email.
Gen Z’s knowledge of social media is critical for businesses today
Gen Zers are constantly on TikTok. They’re very in the know, very in the loop. To keep up with our clients, we needed to bring on some Gen Zers who knew the trends and what influencers were up to.
It has made the biggest difference during client conversations. Half of their timely pitches are angles directly from TikTok. Our pitches are standing out because of this, and they’re getting picked up a lot more than they were in the past.
Their knowledge of social also helps when building media lists, something that can take a long time for other generations. Many Gen Zers read major publications and keep up with the journalists and their work by following them on social media. That makes the lists much more effective and quicker than ever before.
Since hiring Gen Z employees, I’ve been able to take that step back that I was looking for, and their work has truly benefited the business.
SOCIAL
Twitter Provides Additional API Access Tier to Address Pricing Concerns

With its recent API access cost increases causing much angst within the developer community, Twitter has come back with a new API access tier, which will provide more tweet access for a more reasonable price.
As highlighted above, the new ‘Pro’ tweet API offering provides developers with access to a million tweets per month, at the low, low price of $5k per month – or $60k per annum. Which, for some, will be an improvement than the existing access points, which have already priced many developers and academics out of their various projects. But still, $5k per month for a million tweets is a lot – especially when Twitter’s free API access, up till February this year, provided developers with similar access to this, free of cost.
Twitter’s new API access charges, which it’s implemented to combat the creation of bot armies, are a significant jump on the previous costs, with Elon and Co. also looking to do all that they can to bring in more revenue for the company.
The updated pricing immediately saw many public service tools, like transport alerts, announce that they’d be canceling their automated Twitter updates – though Twitter has since announced that approved services like these will still be able to access the API for free.
One of the most important use cases for the Twitter API has always been public utility. Verified gov or publicly owned services who tweet weather alerts, transport updates and emergency notifications may use the API, for these critical purposes, for free.
— Twitter Dev (@TwitterDev) May 2, 2023
But that doesn’t cover many other bot tools and services that also provide value, and the risk in Twitter’s approach is that it could become a less valuable utility as a result, which may eventually impact usage.
But as noted, Musk sees the API as a potential vector for bot swarms. And as with Twitter Blue, Elon’s hoping that by tacking on extra charges to such access, that’ll effectively make it cost-prohibitive for bot creators to keep running their schemes.
Though there is another potential consideration in Musk’s API and access price rises, which is more aligned with his own personal grievances.
Twitter’s also taking on Microsoft over its use of Twitter data, via API access, which it claims is beyond the limitations imposed within Microsoft’s approved usage. Microsoft is now partnered with OpenAI, a company that Elon once had a significant investment in, and Musk’s view is that OpenAI has essentially stolen Twitter data to train its LLM systems, in order to fuel generative AI tools like ChatGPT.
The brief summary is that Elon gave OpenAI millions of dollars to assist in its development, then sought to take over as CEO of the company in 2018, in order to hasten its progress. OpenAI rebutted Musk’s offer, which then saw Elon turn his back on it, and pull all of his future funding pledges. But OpenAI had already taken some millions from Musk – and now that OpenAI is making big money from its generative AI tools, Elon is apparently not happy that he isn’t going to get a dime of that intake, despite his early involvement.
This could be another factor in his decision to hike up the price of Twitter API access, in order to restrict other companies from taking Twitter’s proprietary data, and profiting off of his content in a similar way.
Elon’s also building his own generative AI model, which will be free of ‘woke bias’, and everything considered, it’s not beyond the scope of possibility that Elon’s pushing up the costs of Twitter API access in order to fend off his various business rivals.
(Note that Twitter is also asking API subscribers to remove any previously downloaded data, or face further legal recourse)
Though the main impetus seems to be Twitter’s need to diversify its income, with subscriptions, API access and advertising ideally settling into a more equal share of the company’s revenue pie.
Which seems unlikely to be the end result, but Elon’s trying new things – and maybe there’s enough potential indicators there to keep pushing, in order to maximize Twitter’s opportunities. Or maybe there’s not, and eventually, Twitter will have to walk these changes back. That approach is seemingly part of what’s made Musk successful, his willingness to try and fail in public, and maybe, it will present potential new opportunities for the business.
Twitter’s new API pricing system is now in effect.
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