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    How the Kids Online Safety Act Was Dragged Into a Political War

    The Senate was set to pass the Kids Online Safety Act on Tuesday, but the legislation faces an uphill battle in the House because of censorship concerns.Last week, the American Civil Liberties Union sent 300 high school students to Capitol Hill to lobby against the Kids Online Safety Act, a bill meant to protect children online.The teenagers told the staffs of 85 lawmakers that the legislation could censor important conversations, particularly among marginalized groups like L.G.B.T.Q. communities.“We live on the internet, and we are afraid that important information we’ve accessed all our lives will no longer be available,” said Anjali Verma, a 17-year-old rising high school senior from Bucks County, Pa., who was part of the student lobbying campaign. “Regardless of your political perspective, this looks like a censorship bill.”The effort was one of many escalations in recent months by those who oppose the bill. In June, a progressive nonprofit, Fight for the Future, organized students to write hundreds of letters to urge lawmakers to scrap it. Conservative groups like Patriot Voices, founded by the former Republican senator Rick Santorum of Pennsylvania, are also protesting with an online petition.What was supposed to be a simple piece of legislation to protect children online has been dragged into a heated political war. At the heart of the battle are concerns about how the bill could affect free speech on culturally divisive issues, which both sides of the spectrum worry could be weaponized under the guise of child safety. Liberals worry about censorship of transgender care, while conservatives are concerned about the same with anti-abortion efforts. The tech industry has also latched onto the same First Amendment arguments to oppose the bill.The controversy stems from the specific terms of the Kids Online Safety Act, or KOSA. The legislation would require social media platforms and other sites to limit features that can heighten cyberbullying, harassment and the glorification of self-harm. The bill would also require tech companies to turn on the highest privacy and safety settings for users under 17 and let them opt out of some features that have been shown to lead to compulsive use.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Automakers Sold Driver Data for Pennies, Senators Say

    Ron Wyden and Edward Markey urged the F.T.C. to investigate how car companies handled the data from millions of car owners.If you drive a car made by General Motors and it has an internet connection, your car’s movements and exact location are being collected and shared anonymously with a data broker.This practice, disclosed in a letter sent by Senators Ron Wyden of Oregon and Edward J. Markey of Massachusetts to the Federal Trade Commission on Friday, is yet another way in which automakers are tracking drivers, often without their knowledge.Previous reporting in The New York Times, which the letter cited, revealed how automakers including G.M., Honda and Hyundai collected information about drivers’ behavior, such as how often they slammed on the brakes, accelerated rapidly and exceeded the speed limit. It was then sold to the insurance industry, which used it to help gauge individual drivers’ riskiness.The two Democratic senators, both known for privacy advocacy, zeroed in on G.M., Honda and Hyundai because all three had made deals, The Times reported, with Verisk, an analytics company that sold the data to insurers.In the letter, the senators urged the F.T.C.’s chairwoman, Lina Khan, to investigate how the auto industry collects and shares customers’ data.One of the surprising findings of an investigation by Mr. Wyden’s office was just how little the automakers made from selling driving data. According to the letter, Verisk paid Honda $25,920 over four years for information about 97,000 cars, or 26 cents per car. Hyundai was paid just over $1 million, or 61 cents per car, over six years.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Meta’s Ad-Free Subscription Violates Competition Law, E.U. Says

    Regulators said the subscription service introduced last year is a “pay or consent” method to collect personal data and bolster advertising.When Meta introduced a subscription option last year that would allow users in the European Union to pay for an advertising-free experience of Instagram and Facebook, it was meant to fix regulatory problems the company faced in the region.The plan created new legal headaches instead.On Monday, European Union regulators said Meta’s subscription, which costs up to 12.99 euros a month, amounted to a “pay or consent” scheme that required users to choose between paying a fee or handing over more personal data to Meta to use for targeted advertising.Meta introduced the subscription last year as a way to address regulatory and legal scrutiny of its advertising-based business model. Of most concern was the company’s combination of data collected about users across its different platforms — including Facebook, Instagram and WhatsApp — along with information pulled from other websites and apps.Meta argued that by offering a subscription, users had a fair alternative.But regulators on Monday said the system was no choice at all, forcing users to pay for privacy. The authorities said Meta’s policy violated the Digital Markets Act, a new law aimed at reining in the power of the biggest tech companies.The law, known as the D.M.A., is intended to prevent large tech companies from using their size to coerce users into accepting terms of service they would otherwise reject, including the collection of personal data. The concern was platforms like Instagram and Facebook are so widely used that people have to choose to either hand over their data or not join at all.Regulators said the law required companies to allow users to opt out of having their personal data collected while still getting a “less personalized but equivalent alternative” of the service.“Meta’s ‘pay or consent’ business model is in breach of the D.M.A.,” said Thierry Breton, the European commissioner who helped draft the law. “The D.M.A. is there to give back to the users the power to decide how their data is used and ensure innovative companies can compete on equal footing with tech giants on data access.”In a statement, Meta said that the subscription service complied with the Digital Markets Act and that it would work with European regulators to resolve the investigation.Last week, Nick Clegg, Meta’s president, said that Europe was falling behind economically because of overregulation. “Europe’s regulatory complexity and the patchwork of laws across different member states often makes companies hesitant to roll out new products here,” he said.The announcement on Monday is one step in a longer process. The European Commission, the executive branch of the 27-nation bloc, has until March to complete its investigation. If found guilty, Meta could face fines of up to 10 percent of its global revenue and up to 20 percent for repeat offenses.Meta is the second company to face charges under the Digital Markets Act. Last week, the commission brought charges against Apple for unfair business practices related to the App Store. More

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    Clearview AI Used Your Face. Now You May Get a Stake in the Company.

    The facial recognition start-up doesn’t have the funds to settle a class-action lawsuit, so lawyers are proposing equity for those whose faces were scraped from the internet.A facial recognition start-up, accused of invasion of privacy in a class-action lawsuit, has agreed to a settlement, with a twist: Rather than cash payments, it would give a 23 percent stake in the company to Americans whose faces are in its database.Clearview AI, which is based in New York, scraped billions of photos from the web and social media sites like Facebook, LinkedIn and Instagram to build a facial recognition app used by thousands of police departments, the Department of Homeland Security and the F.B.I. After The New York Times revealed the company’s existence in 2020, lawsuits were filed across the country. They were consolidated in federal court in Chicago as a class action.The litigation has proved costly for Clearview AI, which would most likely go bankrupt before the case made it to trial, according to court documents. The company and those who sued it were “trapped together on a sinking ship,” lawyers for the plaintiffs wrote in a court filing proposing the settlement.“These realities led the sides to seek a creative solution by obtaining for the class a percentage of the value Clearview could achieve in the future,” added the lawyers, from Loevy + Loevy in Chicago.Anyone in the United States who has a photo of himself or herself posted publicly online — so almost everybody — could be considered a member of the class. The settlement would collectively give the members a 23 percent stake in Clearview AI, which is valued at $225 million, according to court filings. (Twenty-three percent of the company’s current value would be about $52 million.)If the company goes public or is acquired, those who had submitted a claim form would get a cut of the proceeds. Alternatively, the class could sell its stake. Or the class could opt, after two years, to collect 17 percent of Clearview’s revenue, which it would be required to set aside.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Your Driving, Tracked

    We explore the apps that are quietly tracking drivers’ habits. You know you have a credit score. Did you know that you might also have a driving score?Driving scores are based on how often you slam on the brakes, speed, look at your phone or drive late at night — information that, likely without your knowing, can be collected by your car or by apps on your smartphone. That data is sold to brokers, who work with auto insurers.These scores can help determine how much drivers pay for insurance. That’s not necessarily a bad thing: Experts say that basing premiums on how we actually drive — rather than on our credit scores and whether we’re married or went to college — could be a fairer system, and ultimately improve road safety.But this tracking will only lead to safer driving if people know that it is happening.How it happensThe smartphone apps collecting driver data might not be obvious at first glance. One, Life360, is popular with parents who want to keep track of their families. MyRadar offers weather forecasts. GasBuddy can help you find cheap fuel on a road trip.But all of these apps also have opt-in driving analysis features that offer insights into things like safety and fuel usage. Those insights are provided by Arity, a data broker founded by Allstate.Arity uses the data to create driving scores for tens of millions of people, and then markets the scores to auto insurance companies.“No one who realizes what they’re doing would consent,” said Kathleen Lomax, a New Jersey mother who recently canceled her subscription to Life360 when she found out this was happening.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    ‘Smartphones on Wheels’ Draw Attention From Regulators

    Modern cars are internet-connected and have hundreds of sensors. Lawmakers and regulators have concerns about what’s happening with all that data.In the American imagination, car keys and a driver’s license have long represented freedom, autonomy and privacy. But modern cars, which have hundreds of sensors, cameras and internet connectivity, are now potential spying machines acting in ways drivers do not completely understand.That has lawmakers and regulators concerned.On Tuesday, Senators Ron Wyden of Oregon and Edward J. Markey of Massachusetts sent a letter to Lina Khan, chair of the Federal Trade Commission, urging the agency to investigate automakers for sharing drivers’ location information with the police. The senators, both Democrats, say this sharing can “seriously threaten Americans’ privacy” by revealing their visits to protests, health clinics, places of worship, support groups or other sensitive places.“As far-right politicians escalate their war on women, I’m especially concerned about cars revealing people who cross state lines to obtain an abortion,” Senator Wyden said in a statement.Government attention to the car industry is intensifying, experts say, because of the increased technological sophistication of modern cars.Investigators for the Government Accountability Office recently went car shopping, undercover, to see whether salespeople were overselling autonomous driving abilities. In a March report, the agency concluded that consumers don’t fully understand crash avoidance technologies and driver support systems, the improper use of which “can compromise their safety benefits and even pose a risk on the road.”The Federal Communications Commission and California lawmakers want to prevent mobile car apps from being used for stalking and harassment. The F.C.C. has proposed regulating automakers under the Safe Connections Act — aimed, originally, at phone carriers — while California is likely to pass a law that would accomplish the same thing, requiring car companies to cut off abusers’ remote access to victims’ cars.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Surveillance Law Section 702 Keeps Us Safe

    This is an extraordinarily dangerous time for the United States and our allies. Israel’s unpreparedness on Oct. 7 shows that even powerful nations can be surprised in catastrophic ways. Fortunately, Congress, in a rare bipartisan act, voted early Saturday to reauthorize a key intelligence power that provides critical information on hostile states and threats ranging from terrorism to fentanyl trafficking.Civil libertarians argued that the surveillance bill erodes Americans’ privacy rights and pointed to examples when American citizens got entangled in investigations. Importantly, the latest version of the bill adds dozens of legal safeguards around the surveillance in question — the most expansive privacy reform to the legislation in its history. The result preserves critical intelligence powers while protecting Americans’ privacy rights in our complex digital age.At the center of the debate is the Foreign Intelligence Surveillance Act. Originally passed in 1978, it demanded that investigators gain an order from a special court to surveil foreign agents inside the United States. Collecting the communications of foreigners abroad did not require court approval.That line blurred in the digital age. Many foreign nationals rely on American providers such as Google and Meta, which route or store data in the United States, raising questions as to whether the rules apply to where the targets are or where their data is collected. In 2008, Congress addressed that conundrum with Section 702. Instead of requiring the government to seek court orders for each foreign target, that provision requires yearly judicial approval of the rules that govern the program as a whole. That way, the government can efficiently obtain from communication providers the calls and messages of large numbers of foreign targets — 246,073 in 2022 alone.Since then, Section 702 has supplied extraordinary insight into foreign dangers, including military threats, theft of American trade secrets, terrorism, hacking and fentanyl trafficking. In 2022 intelligence from 702 helped the government find and kill the Qaeda leader Ayman al-Zawahri, one of the terrorists responsible for Sept. 11. Almost 60 percent of the articles in the president’s daily intelligence briefing include information from Section 702.Although Section 702 can be used only to target foreigners abroad, it does include Americans when they interact with foreign targets. Not only is such incidental collection inevitable in today’s globalized world; it can be vital to U.S. security. If a terrorist or spy abroad is communicating with someone here, our government must find out why.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Maryland Passes 2 Major Privacy Bills, Despite Tech Industry Pushback

    One bill would require apps like Instagram and TikTok to prioritize young people’s safety and the other would restrict the collection of consumer data.The Maryland Legislature this weekend passed two sweeping privacy bills that aim to restrict how powerful tech platforms can harvest and use the personal data of consumers and young people — despite strong objections from industry trade groups representing giants like Amazon, Google and Meta.One bill, the Maryland Online Data Privacy Act, would impose wide-ranging restrictions on how companies may collect and use the personal data of consumers in the state. The other, the Maryland Kids Code, would prohibit certain social media, video game and other online platforms from tracking people under 18 and from using manipulative techniques — like auto-playing videos or bombarding children with notifications — to keep young people glued online.“We are making a statement to the tech industry, and to Marylanders, that we need to rein in some of this data gathering,” said Delegate Sara Love, a Democratic member of the Maryland House of Delegates. Ms. Love, who sponsored the consumer bill and cosponsored the children’s bill, described the passage of the two measures as a “huge” privacy milestone, adding: “We need to put up some guardrails to protect our consumers.”The new rules require approval by Gov. Wes Moore of Maryland, a Democrat, who has not taken a public stance on the measures.With the passage of the bills, Maryland joins a small number of states including California, Connecticut, Texas and Utah that have enacted both comprehensive privacy legislation and children’s online privacy or social media safeguards. But the tech industry has challenged some of the new laws.Over the last year, NetChoice, a tech industry trade group representing Amazon, Google and Meta, has successfully sued to halt children’s online privacy or social media restrictions in several states, arguing that the laws violated its members’ constitutional rights to freely distribute information.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More