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Facebook’s Data Deals Are Under Criminal Investigation

nytimes.com

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Re: Facebook’s Data Deals Are Under Criminal Investigation

#101

Post by elliekelly »

darawk wrote: post #47
georgeecollins wrote: post #32

Earlier quoted context omitted.

https://www.netlawman.co.uk/ia/breach-of-consent-order

Breach of a consent decree is not necessarily criminal, as far as I can tell. And even if it was, it definitely wouldn't represent a crime on the part of any FB engineers.

Under the Federal Wiretap Act[1] intentionally using a device to intercept an electronic communication is a crime. Since the NYT article indicates the investigation is focused on device manufacturers and the article notes the devices may have facilitated the sharing of user data without consent this is the most likely potential charge.

[1]https://www.law.cornell.edu/uscode/text/18/2511

Re: Facebook’s Data Deals Are Under Criminal Investigation

#102

Post by kevin_thibedeau »

anonymfus wrote: post #100
kevin_thibedeau wrote: post #98

Facebook isn't doing anything worse than what Acxiom and other data brokers have been doing for decades. None of it is criminal without any general purpose data protection laws. This is just pitchfork populism.

How do you know it?

Unless Facebook is mishandling HIPAA data they can do no wrong in the US.

Re: Facebook’s Data Deals Are Under Criminal Investigation

#103

Post by dd36 »

kevin_thibedeau wrote: post #102
anonymfus wrote: post #100

Earlier quoted context omitted.

How do you know it?

Unless Facebook is mishandling HIPAA data they can do no wrong in the US.

Or they sign a consent decree. Or their customer agreements and disclosures say they don’t do something that they do.

Re: Facebook’s Data Deals Are Under Criminal Investigation

#104

Post by 908087 »

luckycharms810 wrote: post #63
mudil wrote: post #48

Wholesale surveillance of individuals by internet companies has to stop. And that includes Google.

It has always been the advertisers that are asking for the sort of tooling that can be taken advantage of during the election cycle. If you don’t think Russia should be able to manipulate the black voting populace then maybe it’s worth thinking about whether Unilever should be able to specifically target and market axe body spray in the same fashion. The tools only exist because advertisers are paying for them. Blami…

When many of the "rules" they're playing by are the way they are as a result of the massive amount of money those corporations spend lobbying to keep them that way, they no longer get to play the "we're just playing by the rules, change them if you don't like them" card.

Re: Facebook’s Data Deals Are Under Criminal Investigation

#105

Post by [deleted] »

solomatov wrote: post #45
shhehebehdh wrote: post #15

At this point it is just an investigation. Nobody has been charged with anything. They have to find a law Facebook has broken first, and presumably establish enough evidence that they expect to succeed at a trial.

Do you have any idea what charges these may be? IFAIU, there're no laws which make it criminal to share information.

[deleted]

Re: Facebook’s Data Deals Are Under Criminal Investigation

#107

Post by [deleted] »

peteradio wrote: post #40
JumpCrisscross wrote: post #4

There has been a tremendous amount of grassroots lobbying, fundraising, and private investigation in New York over the past two years with respect to Facebook. It’s a serious area I feel Silicon Valley has abdicated its moral obligation to stand up to its own. Hoping we can develop the evidence that comes out of this case into criminal charges for individual engineers and senior officers.

What kind of scenario could you see an engineer getting charged? I find that pretty hard to imagine here.

[deleted]

Re: Facebook’s Data Deals Are Under Criminal Investigation

#108

Post by dlegal »

solomatov wrote: post #82
dmitrygr wrote: post #69

Earlier quoted context omitted.

If even a single byte leaked, I guess the charges can include being accessory to identity fraud?

Criminal charges assume intent, and it's very hard to think that facebook as a company had intent of committing identity fraud.

Crimes do not always require intent. It depends on what the statute says specifically.

Re: Facebook’s Data Deals Are Under Criminal Investigation

#109

Post by darawk »

otterley wrote: post #87
darawk wrote: post #47

Earlier quoted context omitted.

Breach of a consent decree is not necessarily criminal, as far as I can tell. And even if it was, it definitely wouldn't represent a crime on the part of any FB engineers.

Attorney here! Violation of a consent decree can result in criminal contempt-of-court charges. See 18 U.S.C. section 401 ( https://www.law.cornell.edu/uscode/text/18/401 ). See also United States v. Schine, 125 F. Supp. 734 (W.D.N.Y. 1954).

Sure, it can result in a criminal charge, but it is not in and of itself a crime. So, investigating them for breach of consent decree is not a 'criminal investigation'.
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