#059: The GDPR Edition

GDPR is finally upon us all, and with it the tide of “we suddenly really care about your privacy” emails hopefully comes to an end. However, the real effects of GDPR are yet to come: Max Schrems’ noyb NGO has already filed complaints against Facebook, Instagram, WhatsApp, and Google’s Android, since their handling of the GDPR forces users to either opt in completely, or not use them at all. If fined, each company can face up to almost €3.5 billion — hopefully a motivation to actually provide their users with more choice regarding on how their data is used on these platforms.

Facebook’s implementation seems to be particularly egregious, as Techcrunch’s Josh Constine documents: A flaw-by-flaw guide to Facebook’s new GDPR privacy changes. In fact, Facebook has become the poster child of why Silicon Valley companies shouldn’t be allowed to regulate themselves, and is the leading example of why we need a Digital Protection Agency. As Paul Ford argues, maybe we should think about Google and Facebook as the new polluters. Their messaging is all about providing value to their users, while at the same time actively abusing our emotions and behaviors to sell your data to the highest bidder. “Affiliate marketers” need suckers to scam, and Facebook not only helps them find suckers, but also how to best exploit them.

In their defense, the Silicon Valley companies often say they want to promote “free speech” and that they’re just a platform for other people. Both of these arguments have problems: sure, it’s a golden age for free speech — if you can even believe what you’re reading online. Fake news is spreading faster and better than the real stuff, and knowing what to even believe is becoming harder each day. And even if what happened is kinda true, the outrage machine ensures that not much context survives once it reaches you — while the companies profit from your outrage. All the while claiming they’re just the platform, which no one seems to really buy.

Facebook et al. find themselves in a weird position these days. On the one hand, they want to claim that their product is the best, attracts the most users, and gives advertisers the best return for their money. On the other hand, they seem astonished when their actions impact their users lives and opinions on a large scale. They can’t have it both ways. Either they accept their claim, and the resulting responsibility and oversight, or they have to give up those powers. Either way, their power mustn’t be left unchecked.

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