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    Seized cache of Facebook docs raise competition and consent questions – TechSwitch

    A UK parliamentary committee has printed the cache of Facebook paperwork it dramatically seized final week.
    The paperwork had been obtained by a authorized discovery course of by a startup that’s suing the social community in a California courtroom in a case associated to Facebook altering knowledge entry permissions again in 2014/15.
    The courtroom had sealed the paperwork however the DCMS committee used hardly ever deployed parliamentary powers to acquire them from the Six4Three founder, throughout a enterprise journey to London.
    You can learn the redacted paperwork right here — all 250 pages of them.
    In a sequence of tweets concerning the publication, committee chair Damian Collins says he believes there may be “considerable public interest” in releasing them.
    “They raise important questions about how Facebook treats users data, their policies for working with app developers, and how they exercise their dominant position in the social media market,” he writes.
    “We don’t feel we have had straight answers from Facebook on these important issues, which is why we are releasing the documents. We need a more public debate about the rights of social media users and the smaller businesses who are required to work with the tech giants. I hope that our committee investigation can stand up for them.”
    The committee has been investigating on-line disinformation and election interference for one of the best a part of this yr, and has been repeatedly pissed off in its makes an attempt to extract solutions from Facebook.
    But it’s protected by parliamentary privilege — therefore it’s now printed the Six4Three recordsdata, having waited every week so as to redact sure items of private data.
    Collins has included a abstract of key points, because the committee sees them after reviewing the paperwork, wherein he attracts consideration to 6 points.
    Here is his abstract of the important thing points:
    White Lists Facebook have clearly entered into whitelisting agreements with sure corporations, which meant that after the platform modifications in 2014/15 they maintained full entry to pals knowledge. It is just not clear that there was any person consent for this, nor how Facebook determined which corporations ought to be whitelisted or not.
    Facebook responded
    Value of pals knowledge It is evident that rising revenues from main app builders was one of many key drivers behind the Platform 3.0 modifications at Facebook. The concept of linking entry to pals knowledge to the monetary worth of the builders relationship with Facebook is a recurring function of the paperwork.
    In their response Facebook contends that this was basically one other “cherrypicked” matter and that the corporate “ultimately settled on a model where developers did not need to purchase advertising to access APIs and we continued to provide the developer platform for free.”
    Reciprocity Data reciprocity between Facebook and app builders was a central function within the discussions in regards to the launch of Platform 3.0.
    Android Facebook knew that the modifications to its insurance policies on the Android cell phone system, which enabled the Facebook app to gather a file of calls and texts despatched by the person could be controversial. To mitigate any unhealthy PR, Facebook deliberate to make it as onerous of doable for customers to know that this was one of many underlying options of the improve of their app.
    Onavo Facebook used Onavo to conduct international surveys of the utilization of cellular apps by prospects, and apparently with out their data. They used this knowledge to evaluate not simply how many individuals had downloaded apps, however how typically they used them. This data helped them to determine which corporations to amass, and which to deal with as a menace.
    Targeting competitor Apps The recordsdata present proof of Facebook taking aggressive positions towards apps, with the consequence that denying them entry to knowledge led to the failure of that enterprise.
    Update: 11:40am
    Facebook has posted a prolonged response (learn it right here) positing that the “set of documents, by design, tells only one side of the story and omits important context.” They give a blow-by-blow response to Collins’ factors under although they’re in the end fairly selective in what they really tackle.
    Generally they recommend that a few of the points being framed as anti-competitive had been the truth is designed to forestall “sketchy apps” from working on the platform. Furthermore, Facebook particulars that they delete some outdated name logs on Android, that utilizing “market research” knowledge from Onava is basically normal follow and that customers had the selection whether or not knowledge was shared reciprocally between FB and builders. In regard to particular rivals’ apps, Facebook seems to have tried to get forward of this launch with their announcement yesterday that it was ending its platform coverage of banning apps that “replicate core functionality.” 
    The publication of the recordsdata comes at an ungainly second for Facebook — which stays on the again foot after a string of information and safety scandals, and has simply introduced a serious coverage change — ending a long-running ban on apps copying its personal platform options.
    Albeit the timing of Facebook’s coverage shift announcement hardly appears to be like incidental — given Collins stated final week the committee would publish the recordsdata this week.
    The coverage in query has been utilized by Facebook to shut down rivals up to now, similar to — two years in the past — when it reduce off type switch app Prisma’s entry to its live-streaming Live API when the startup tried to launch a livestreaming artwork filter (Facebook subsequently launched its personal type switch filters for Live).
    So its coverage reversal now appears to be like supposed to diffuse regulatory scrutiny round potential antitrust issues.
    But emails within the Six4Three recordsdata suggesting that Facebook took “aggressive positions” towards competing apps may spark recent competitors issues.
    In one e-mail dated January 24, 2013, a Facebook staffer, Justin Osofsky, discusses Twitter’s launch of its brief video clip app, Vine, and says Facebook’s response will probably be to shut off its API entry.
    “As part of their NUX, you can find friends via FB. Unless anyone raises objections, we will shut down their friends API access today. We’ve prepared reactive PR, and I will let Jana know our decision,” he writes. 
    Osofsky’s e-mail is adopted by what appears to be like like a giant thumbs up from Zuckerberg, who replies: “Yup, go for it.”
    Also of concern on the competitors entrance is Facebook’s use of a VPN startup it acquired, Onavo, to assemble intelligence on competing apps — both for acquisition functions or to focus on as a menace to its enterprise.
    The recordsdata present numerous Onavo business charts detailing attain and utilization of cellular apps and social networks — with every of those graphs stamped ‘highly confidential’.
    Facebook purchased Onavo again in October 2013. Shortly after it shelled out $19BN to amass rival messaging app WhatsApp — which one Onavo chart within the cache signifies was beasting Facebook on cellular, accounting for nicely over double the day by day message sends at the moment.

    The recordsdata additionally highlight a number of problems with concern referring to privateness and knowledge safety regulation, with inner paperwork elevating recent questions over how and even whether or not (within the case of Facebook’s whitelisting agreements with sure builders) it obtained consent from customers to course of their private knowledge.
    The firm is already dealing with a lot of privateness complaints below the EU’s GDPR framework over its use of ‘pressured consent‘, on condition that it doesn’t supply customers an opt-out from focused promoting.
    But the Six4Three recordsdata look set to pour recent gas on the consent fireplace.
    Collins’ fourth line merchandise — associated to an Android improve — additionally speaks loudly to consent complaints.
    Earlier this yr Facebook was pressured to disclaim that it collects calls and SMS knowledge from customers of its Android apps with out permission. But, as we wrote on the time, it had used privacy-hostile design tips to sneak expansive data-gobbling permissions previous customers. So, put easy, folks clicked ‘agree’ with out realizing precisely what they had been agreeing to.
    The Six4Three recordsdata again up the notion that Facebook was deliberately making an attempt to mislead customers.
    In one e-mail dated November 15, 2013, from Matt Scutari, supervisor privateness and public coverage, suggests methods to forestall customers from selecting to set a better stage of privateness safety, writing: “Matt is providing policy feedback on a Mark Z request that Product explore the possibility of making the Only Me audience setting unsticky. The goal of this change would be to help users avoid inadvertently posting to the Only Me audience. We are encouraging Product to explore other alternatives, such as more aggressive user education or removing stickiness for all audience settings.”
    Another awkward belief problem for Facebook which the paperwork may fire up afresh pertains to its repeat declare — together with below questions from lawmakers — that it doesn’t promote person knowledge.
    In one e-mail from the cache — despatched by Mark Zuckerberg, dated October 7, 2012 — the Facebook founder seems to be entertaining the thought of charging builders for “reading anything, including friends”.
    Yet earlier this yr, when he was requested by a US lawmaker how Facebook makes cash, Zuckerberg replied: “Senator, we sell ads.”
    He didn’t embrace a caveat that he had apparently personally entertained the thought of liberally promoting entry to person knowledge.
    Responding to the publication of the Six4Three paperwork, a Facebook spokesperson informed us:
    As we’ve stated many instances, the paperwork Six4Three gathered for his or her baseless case are solely a part of the story and are offered in a manner that could be very deceptive with out extra context. We stand by the platform modifications we made in 2015 to cease an individual from sharing their pals’ knowledge with builders. Like any enterprise, we had lots of inner conversations in regards to the numerous methods we may construct a sustainable enterprise mannequin for our platform. But the info are clear: we’ve by no means offered folks’s knowledge.
    Zuckerberg has repeatedly refused to testify in particular person to the DCMS committee.
    At its final public listening to — which was held within the type of a grand committee comprising representatives from 9 worldwide parliaments, all with burning questions for Facebook — the corporate despatched its coverage VP, Richard Allan, leaving an empty chair the place Zuckerberg’s bum ought to be.

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