FILE - In this May 1, 2018, file photo, Facebook CEO Mark Zuckerberg delivers the keynote speech at F8, Facebook’s developer conference, in San Jose, Calif. Federal regulators are fining Facebook $5 billion for privacy violations and instituting new oversight and restrictions on its business. But they are only holding Zuckerberg personally responsible in a limited fashion. (AP Photo/Marcio Jose Sanchez, File)

FILE - In this May 1, 2018, file photo, Facebook CEO Mark Zuckerberg delivers the keynote speech at F8, Facebook’s developer conference, in San Jose, Calif. Federal regulators are fining Facebook $5 billion for privacy violations and instituting new oversight and restrictions on its business. But they are only holding Zuckerberg personally responsible in a limited fashion. (AP Photo/Marcio Jose Sanchez, File)

FTC fines Facebook $5B, adds limited oversight on privacy

Facebook isn’t admitting any wrongdoing as part of the settlement

Federal regulators have fined Facebook $5 billion for privacy violations and are instituting new oversight and restrictions on its business. But they are only holding CEO Mark Zuckerberg personally responsible in a limited fashion.

The fine is the largest the Federal Trade Commission has levied on a tech company, though it won’t make much of a dent for a company that had nearly $56 billion in revenue last year.

As part of the agency’s settlement with Facebook, Zuckerberg will have to personally certify his company’s compliance with its privacy programs. The FTC said that false certifications could expose him to civil or criminal penalties.

Some experts had thought the FTC might fine Zuckerberg directly or seriously limit his authority over the company.

“The magnitude of the $5 billion penalty and sweeping conduct relief are unprecedented in the history of the FTC,” Joe Simons, the chairman of the FTC, said in a statement. He added that the new restrictions are designed “to change Facebook’s entire privacy culture to decrease the likelihood of continued violations.”

Facebook isn’t admitting any wrongdoing as part of the settlement.

Two of the five commissioners opposed the settlement and said they would have preferred litigation to seek tougher penalties.

Facebook’s top lawyer, Colin Stretch, said the company’s FTC settlement will lead to more rigorous management of user privacy — including more technical controls to better automate privacy safeguards.

Facebook will also pay a separate $100 million fine to the Securities and Exchange Commission to settle charges it made misleading disclosures about the risk of misuse of Facebook user data. Though Facebook isn’t officially admitting wrongdoing there either, Stretch said in a blog post that Facebook should have disclosed more to investors.

The FTC opened an investigation into Facebook last year after revelations that data mining firm Cambridge Analytica had gathered details on as many as 87 million Facebook users without their permission. The agency said Wednesday that following its yearlong investigation of the company, the Department of Justice will file a complaint alleging that Facebook “repeatedly used deceptive disclosures and settings to undermine users’ privacy preferences.”

The SEC fine also pertains to Cambridge Analytica. The SEC said Facebook presented misuse of data as a hypothetical for two years even though it knew the third-party developer had actually misused user data. That misuse was discovered in 2015, according to the SEC, but Facebook did not correct its existing disclosure for more than two years. When the company disclosed the incident in March 2018 its stock price dropped.

Stretch said Facebook’s handling of the Cambridge Analytica affair was “a breach of trust between Facebook and the people who depend on us to protect their data.”

The FTC had been examining whether that massive breakdown violated a settlement that Facebook reached in 2012 after government regulators concluded the company repeatedly broke its privacy promises to users. That settlement had required that Facebook get user consent to share personal data in ways that override their privacy settings.

READ MORE: Facebook expects to pay up to $5 billion for privacy breaches

The FTC said Facebook’s deceptive disclosures about privacy settings allowed it to share users’ personal information with third-party apps that their friends downloaded but the users themselves did not give permissions to.

Privacy advocates have pushed for the FTC to limit how Facebook can track users — something that would likely cut into its advertising revenue, which relies on businesses being able to show users targeted ads based on their interests and behaviour. The FTC did not specify such restrictions on Facebook.

Three Republican commissioners voted for the fine while two Democrats opposed it, a clear sign that the restrictions on Facebook don’t go as far as critics and privacy advocates had hoped. That wish list included specific punishment for Zuckerberg, strict limits on what data Facebook can collect and possibly even breaking off subsidiaries such as WhatsApp and Instagram.

“The proposed settlement does little to change the business model or practices that led to the recidivism,” wrote Commissioner Rohit Chopra in his dissenting statement. He noted that the settlement imposes “no meaningful changes” to the company’s structure or business model. “Nor does it include any restrictions on the company’s mass surveillance or advertising tactics,” he wrote.

The fine is well above the agency’s previous record for privacy violations — $22.5 million — which it dealt to Google in 2012 for bypassing the privacy controls in Apple’s Safari browser. There have been even larger fines against non-tech companies, including a $14.7 billion penalty against Volkswagen to settle allegations of cheating on emissions tests and deceiving customers. Equifax will pay at least $700 million to settle lawsuits and investigations over a 2017 data breach; the FTC was one of the parties. The money will likely go to the U.S. Treasury.

The FTC’s new 20-year settlement with Facebook establishes an “independent privacy committee” of Facebook directors. The committee’s members must be independent, will be appointed by an independent nominating committee and can only be fired by a “supermajority” of Facebook’s board of directors. The idea is to remove “unfettered control” by Zuckerberg, the FTC said.

Since the Cambridge Analytica debacle erupted more than a year ago, Facebook has vowed to do a better job corralling its users’ data. Nevertheless, other missteps have come up since then.

In December, for example, the Menlo Park, California, company acknowledged a software flaw had exposed the photos of about 7 million users to a wider audience than they had intended. It also acknowledged giving big tech companies like Amazon and Yahoo extensive access to users’ personal data, in effect exempting them from its usual privacy rules. And it collected call and text logs from phones running Google’s Android system in 2015.

Amid all that, Zuckerberg and his chief lieutenant, Sheryl Sandberg, apologized repeatedly. In March, Zuckerberg unveiled a new, “privacy-focused” vision for the social network that emphasizes private messaging and groups based on users’ interests.

But critics and privacy advocates are not convinced that either a fine or Facebook’s new model amounts to a substantial change.

If the company’s business practices don’t change as result of the FTC’s action, “there is no benefit to consumers,” said Marc Rotenberg, the president and executive director of the Washington-based non-profit Electronic Privacy Information Center.

“The eight-year delay won’t be justified,” he said, referring to when Facebook first told the FTC it would do better.

The fine does not spell closure for Facebook, although the company’s investors — and executives — have been eager to put it behind them. Facebook is still under various investigations in the U.S. and elsewhere in the world, including the European Union, Germany and Canada. There are also broader antitrust concerns that have been the subject of congressional hearings, though it is too early to see if those will come to fruition.

Matt Stoller, a fellow at the Open Markets Institute, which has been critical of Facebook, said the company should admit wrongdoing.

“There should be structural solutions to force competition into the social networking market,” he added. “One of the angles for competition is privacy. They will compete to make a safer space to retain their user base.”

__

Ortutay reported from San Francisco. Associated Press writer Samantha Maldonado in San Francisco, Mae Anderson in New York, Matt O’Brien in Providence, Rhode Island, and Frank Bajak in Boston contributed to this story.

Marcy Gordon And Barbara Ortutay, The Associated Press


Like us on Facebook and follow us on Twitter.

Just Posted

The Sylvan Lake Gulls show off the home jerseys (white) and their way jerseys at the Gulls Media Day on June 17, before the season opener. Following the media day, the team took to the field for their first practise. (Photo by Megan Roth/Sylvan Lake News)
Sylvan Lake Gulls ready to throw first pitch as construction continues

The Gulls inaugural season kicks off June 18 with a game against the Edmonton Prospects

Alberta is now below 3,000 active cases of COVID-19, as the province reported 2,639 Wednesday. (NIAID-RML via AP)
Red Deer below 100 active COVID-19 cases for first time since March

69.7 per cent of Albertans 12 and over have at least one dose of the COVID-19 vaccine

Premier Jason Kenney says the provincial government is doing everything it can to encourage Albertans to get vaccinated. (Photo by Chris Schwarz/Government of Alberta)
Travel prizes added to Alberta’s vaccine lottery

More than 40 travel rewards available for those who are fully vaccinated

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.-Alberta’s Indigenous languages, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Russian President Vladimir Putin, left, and U.S President Joe Biden shake hands during their meeting at the ‘Villa la Grange’ in Geneva, Switzerland in Geneva, Switzerland, Wednesday, June 16, 2021. (AP Photo/Alexander Zemlianichenko, Pool)
Biden says meeting with Putin not a ‘kumbaya moment’

But U.S. president asserted Russian leader is interested in improved relations, averting a Cold War

Most Read