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How Online Privacy Has Changed Users’ Data Protection Since US Supreme Court Ruling Against Abortion

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The case of a Nebraska woman charged with helping her teenage daughter end her pregnancy after investigators obtained Facebook messages between the two has raised fresh concerns about data privacy in the post-Roe world.

Since before the US Supreme Court overturned Roe v. Wade in June, Big Tech companies that collect personal details of their users have faced new calls to limit that tracking and surveillance amid fears that law enforcement or vigilantes could use those data troves against people seeking abortions or those who try to help them.

Meta, which owns Facebook, said Tuesday it received warrants requesting messages in the Nebraska case from local law enforcement on June 7, before the Supreme Court decision overriding Roe came down. The warrants, the company added, “did not mention abortion at all,” and court documents at the time showed that police were investigating the “alleged illegal burning and burial of a stillborn infant.”

However, in early June, the mother and daughter were only charged with a single felony for removing, concealing or abandoning a body, and two misdemeanors: concealing the death of another person and false reporting.

It wasn’t until about a month later, after investigators reviewed the private Facebook messages, that prosecutors added the felony abortion-related charges against the mother.

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History has repeatedly demonstrated that whenever people’s personal data is tracked and stored, there’s always a risk that it could be misused or abused. With the Supreme Court’s overruling of the 1973 Roe v. Wade decision that legalized abortion, collected location data, text messages, search histories, emails and seemingly innocuous period and ovulation-tracking apps could be used to prosecute people who seek an abortion — or medical care for a miscarriage — as well as those who assist them.

“In the digital age, this decision opens the door to law enforcement and private bounty hunters seeking vast amounts of private data from ordinary Americans,” said Alexandra Reeve Givens, the president and CEO of the Center for Democracy and Technology, a Washington-based digital rights nonprofit.

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Why did Facebook turn over the messages?

Facebook owner Meta said it received a legal warrant from law enforcement about the case, which did not mention the word “abortion.” The company has said that officials at the social media giant “always scrutinise every government request we receive to make sure it is legally valid” and that Meta fights back against requests that it thinks are invalid or too broad.

But the company gave investigators information in about 88 percent of the 59,996 cases in which the government requested data in the second half of last year, according to its transparency report. Meta declined to say whether its response would have been different had the warrant mentioned the word “abortion.”

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Not a new issue

Until this past May, anyone could buy a weekly trove of data on clients at more than 600 Planned Parenthood sites around the country for as little as $160 (roughly Rs. 12,700), according to a recent Vice investigation. The files included approximate patient addresses — derived from where their cellphones “sleep” at night — income brackets, time spent at the clinic, and the top places people visited before and afterward.

It’s all possible because federal law — specifically, HIPAA, the 1996 Health Insurance Portability and Accountability Act — protects the privacy of medical files at your doctor’s office, but not any information that third-party apps or tech companies collect about you. This is also true if an app that collects your data shares it with a third party that might abuse it.

In 2017, a Black woman in Mississippi named Latice Fisher was charged with second-degree murder after she sought medical care for a pregnancy loss.

“While receiving care from medical staff, she was also immediately treated with suspicion of committing a crime,” civil rights attorney and Ford Foundation fellow Cynthia Conti-Cook wrote in her 2020 paper, “Surveilling the Digital Abortion Diary.” Fisher’s “statements to nurses, the medical records, and the autopsy records of her fetus were turned over to the local police to investigate whether she intentionally killed her fetus,” she wrote.

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Fisher was indicted on a second-degree murder charge in 2018; conviction could have led to life in prison. The murder charge was later dismissed. Evidence against her, though included her online search history, which included queries on how to induce a miscarriage and how to buy abortion pills online.

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“Her digital data gave prosecutors a ‘window into (her) soul’ to substantiate their general theory that she did not want the fetus to survive,” Conti-Cook wrote.

Industry response

Though many companies have announced policies to protect their own employees by paying for necessary out-of-state travel to obtain an abortion, technology companies have said little about how they might cooperate with law enforcement or government agencies trying to prosecute people seeking an abortion where it is illegal — or who are helping someone do so.

In June, Democratic lawmakers asked federal regulators to investigate Apple and Google for allegedly deceiving millions of mobile phone users by enabling the collection and sale of their personal data to third parties.

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The following month, Google announced it will automatically purge information about users who visit abortion clinics or other locations that could trigger legal problems following the Supreme Court decision.

Governments and law enforcement can subpoena companies for data on their users. Generally, Big Tech policies suggest the companies will comply with abortion-related data requests unless they see them as overly broad. Meta, for instance, pointed to its online transparency report, which says “we comply with government requests for user information only where we have a good-faith belief that the law requires us to do so.”

Online rights advocates say that’s not enough. In the Nebraska case, for instance, neither Meta nor law enforcement would have been able to read the messages had they been “end-to-end encrypted” the way messages on Meta’s WhatsApp service are protected by default.

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“Meta must flip the switch and make end-to-end encryption a default in all private messages, including on Facebook and Instagram. Doing so will literally save pregnant peoples’ lives,” said, Caitlin Seeley George, campaigns and managing director at the nonprofit rights group Fight for the Future.

Burden on the user

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Unless all of your data is securely encrypted, there’s always a chance that someone, somewhere can access it. So abortion rights activists suggest that people in states where abortion is outlawed should limit the creation of such data in the first place.

For instance, they urge turning off phone location services — or just leaving your phone at home — when seeking reproductive health care. To be safe, they say, it’s good to read the privacy policies of any health apps in use.

The Electronic Frontier Foundation suggests using more privacy-conscious web browsers such as Brave, Firefox and DuckDuckGo — but also recommends double-checking their privacy settings.

There are also ways to turn off ad identifiers on both Apple and Android phones that stop advertisers from being able to track you. This is generally a good idea in any case. Apple will ask you if you want to be tracked each time you download a new app. For apps you already have installed, the tracking can be turned off manually.


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Meta Proposes Monthly Fee of Up to EUR 13 for Ad-Free Access to Instagram and Facebook: Report

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According to a report, Instagram and Facebook could soon be available in some countries without any ads as part of the company’s efforts to comply with privacy regulations. Parent company Meta has reportedly pitched regulators the possibility of offering users the ability to pay a monthly fee instead of viewing personalised ads based on their information. Meta does not currently charge users for access to the company’s core services in any region, but privacy-related regulation is set to impact the company’s revenue that relies on showing its users personalised advertisements.

The Wall Street Journal reports that Meta has proposed charging users in the European Union up to EUR 13 (roughly Rs. 1,130) a month for access to an ad-free version of Facebook or Instagram on mobile — the price for users who sign up via the web browser would be EUR 10 (roughly Rs. 870) as the company wouldn’t need to pay Apple or Google the in-app purchase commission. Users would need to pay another EUR 6 (roughly Rs. 520) for each additional account.

The “subscription no ads” plan — or SNA — will be offered to European users, the company said in discussions with privacy watchdogs in Belgium and Ireland last month, according to the report. However, users in the US and other regions are unlikely to gain access to the ad-free plan in the near future.

Meta’s core services are currently available for free to all users on the platform, and the firm’s photo and video sharing, chat, and social networking services are supported by targeted advertisements that are based on user’s personal information. However, a recently passed regulation in the EU will require Facebook and Instagram to offer users the ability to opt out of the company using their personal information to target them with advertisements.

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Last month, it was reported that Meta was mulling paid versions of Instagram and Facebook aimed at EU users, while users who did not pay for a subscription would continue to see ads on the service. The social media giant has already been fined in some regions — including Norway — for failing to comply with privacy regulations and using personal information to show users targeted advertisements.

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Meta Used Public Instagram, Facebook Posts to Train Its New AI Assistant

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Meta Platforms used public Facebook and Instagram posts to train parts of its new Meta AI virtual assistant, but excluded private posts shared only with family and friends in an effort to respect consumers’ privacy, the company’s top policy executive told Reuters in an interview.

Meta also did not use private chats on its messaging services as training data for the model and took steps to filter private details from public datasets used for training, said Meta President of Global Affairs Nick Clegg, speaking on the sidelines of the company’s annual Connect conference this week.

“We’ve tried to exclude datasets that have a heavy preponderance of personal information,” Clegg said, adding that the “vast majority” of the data used by Meta for training was publicly available.

He cited LinkedIn as an example of a website whose content Meta deliberately chose not to use because of privacy concerns.

Clegg’s comments come as tech companies including Meta, OpenAI and Alphabet’s Google have been criticized for using information scraped from the internet without permission to train their AI models, which ingest massive amounts of data in order to summarize information and generate imagery.

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The companies are weighing how to handle the private or copyrighted materials vacuumed up in that process that their AI systems may reproduce, while facing lawsuits from authors accusing them of infringing copyrights.

Meta AI was the most significant product among the company’s first consumer-facing AI tools unveiled by CEO Mark Zuckerberg on Wednesday at Meta’s annual products conference, Connect. This year’s event was dominated by talk of artificial intelligence, unlike past conferences which focused on augmented and virtual reality.

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Meta made the assistant using a custom model based on the powerful Llama 2 large language model that the company released for public commercial use in July, as well as a new model called Emu that generates images in response to text prompts, it said.

The product will be able to generate text, audio and imagery and will have access to real-time information via a partnership with Microsoft’s Bing search engine.

The public Facebook and Instagram posts that were used to train Meta AI included both text and photos, Clegg said.

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Those posts were used to train Emu for the image generation elements of the product, while the chat functions were based on Llama 2 with some publicly available and annotated datasets added, a Meta spokesperson told Reuters.

Interactions with Meta AI may also be used to improve the features going forward, the spokesperson said.

Clegg said Meta imposed safety restrictions on what content the Meta AI tool could generate, like a ban on the creation of photo-realistic images of public figures.

On copyrighted materials, Clegg said he was expecting a “fair amount of litigation” over the matter of “whether creative content is covered or not by existing fair use doctrine,” which permits the limited use of protected works for purposes such as commentary, research and parody.

“We think it is, but I strongly suspect that’s going to play out in litigation,” Clegg said.

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Some companies with image-generation tools facilitate the reproduction of iconic characters like Mickey Mouse, while others have paid for the materials or deliberately avoided including them in training data.

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OpenAI, for instance, signed a six-year deal with content provider Shutterstock this summer to use the company’s image, video and music libraries for training.

Asked whether Meta had taken any such steps to avoid the reproduction of copyrighted imagery, a Meta spokesperson pointed to new terms of service barring users from generating content that violates privacy and intellectual property rights.

© Thomson Reuters 2023


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WhatsApp, Instagram and Messenger to Get AI Assistants; Meta Shows Off Image Generation Tool Emu

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Meta showcased a host of new products and services, including the Meta Quest 3 mixed reality headset and a pair of smart glasses made in collaboration with Ray-Ban, at its Meta Connect annual conference on Wednesday. Alongside the hardware, the company also announced its own AI assistant, Meta AI, and a variety of AI experiences across Meta’s suite of apps and devices, including AI stickers in Meta apps and AI editing tools for Instagram. Meta AI, a conversational generative AI assistant much like OpenAI’s ChatGPT or Microsoft’s Bing, will be available on WhatsApp, Messenger, and Instagram.

Meta AI will be powered by the company’s custom model that borrows from Meta’s large language model, Llama 2. The AI assistant, Meta said, will provide real-time information in response to text-based queries, trawling the internet via Bing search. Meta AI will also generate images based on text prompts. The AI assistant can help plan hiking trips with your friends in a group chat, prepare recipes, or help with your shopping list. Users can type in “@MetaAI /imagine” inside their chat box and follow it up with descriptive text prompts for what they want the AI assistant to do. Meta AI is also coming to the company’s latest devices, the Meta Quest 3 and the Ray-Ban Meta smart glasses.

In addition to its default AI assistant, the company also showed off AI avatars with distinct personalities. Meta is bringing 28 AI characters, each with a unique backstory and behaviour. These AI characters can be conversed with in WhatsApp, Instagram, and Messenger, and will also include some public figures and influencers that Meta has partnered up with for their likenesses. Famous people coming as AI characters include Dwayne Wade, Kendall Jenner, Mr. Beast, Snoop Dogg and more.

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Emu can generate stickers based on user prompts

Photo Credit: Meta

Meta is calling its image generation tool ‘expressive media universe’, or Emu. The tool can also quickly generate AI stickers based on a user’s text prompts inside apps like WhatsApp or Instagram to share with friends. “It’s high-quality, photorealistic,” Meta CEO Mark Zuckerberg said during the presentation. “But, one of the coolest things is the Emu generates that fast. It’s not a minute. It takes five seconds to generate one of these,” he added. This custom sticker generation feature will roll out to select English-language users over the next month in WhatsApp, Messenger, Instagram, and Facebook Stories.

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The Facebook parent is also bringing new AI-powered image editing tools, specifically two new features — Restyle and Backdrop — that utilise technology from the Emu tool. Restyle acts as a kind of custom filter that works based on user prompts. Based on single descriptor or a more detail prompt, Restyle will edit your images to reflect a particular mood. And as the name suggests, Backdrop will let users change the background of their images based on custom prompts. Images created using both tools will carry markers that indicate the image is AI-generated. Meta said that Restyle and Backdrop were coming soon to Instagram but did not provide a concrete release date for the same.


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