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Cambridge Analytica in major data breach.”39 The story showed how, |
through third-party apps on Facebook, data analytics company Cambridge |
Analytica extracted massive amounts of data from Facebook’s users.40 |
Cambridge Analytica worked for Donald Trump’s election team and the |
Brexit campaign. Cambridge Analytica used the data that it plundered to |
create psychological profiles of voters, whom it then targeted and attempted |
to influence their voting in the 2016 Presidential election and the Brexit |
referendum.41 |
A big debate arose over whether Cambridge Analytica’s access to the |
data was a data breach. People didn’t even regularly use the term “data |
breach” until the 2000s, so it’s relatively new and undefined, even though it |
is legally significant.42 Nicholas Thompson, editor-in-chief of Wired said of |
the incident: |
“Breach” is a word in the tech community that means they cracked the protections, right? You |
got over the moat and you got in through the door. . . . Facebook, a company of engineers, [is] |
really proud that hasn’t happened at Facebook, so if you say data is breached, to Facebook it’s |
like, “Oh my God, that’s the most offensive thing you can say.” To the rest of the world, it’s like, |
“Of course this is a breach!” Right? “They got the data!”43 |
But Facebook Vice President Andrew Bosworth declared on Twitter: “This |
was unequivocally not a data breach. People chose to share their data with |
third-party apps and if those third-party apps did not follow the data |
agreements with us/users it is a violation. No systems were infiltrated, no |
passwords or information were stolen or hacked.”44 Then in a series of |
later-deleted Tweets, Facebook Chief Security Officer Alex Stamos said, |
“The recent Cambridge Analytica stories by the New York Times and The |
Guardian are important and powerful, but it is incorrect to call this a |
‘breach’ under any reasonable definition of the term. . . .We can condemn |
this behavior while being accurate in our description of it.”45 |
Two years later, the updated top line in Facebook’s first press release in |
response to the Cambridge Analytica scandal reads “The claim that this is a |
data breach is completely false. [The app developer] requested and gained |
access to information from users who chose to sign up to his app, and |
everyone involved gave their consent. People knowingly provided their |
information, no systems were infiltrated, and no passwords or sensitive |
pieces of information were stolen or hacked.”46 |
Although Facebook was parsing the distinction between privacy and |
security, one harm was identical to the harm of a data breach—billions of |
pieces of personal data were compromised when they were improperly |
exposed to third parties.47 |
Facebook’s privacy failures led to the practical equivalent of a security |
incident. Specifically, the failure of Facebook to meaningfully consider |
privacy in the design of its system and user interfaces left users vulnerable. |
According to scholar Ian Bogost, when a person accesses Facebook’s |
troublesome interface that was at issue in the Cambridge Analytica scandal, |
“the user must accept [a third-party] app’s request to share data with it as |
soon as they open it for the first time, even before knowing what the app |
does or why.”48 Facebook, not the third party, presented the request for |
users to consent to data practices, which made the request seem “official, |
safe, and even endorsed.” But of course, it wasn’t. Facebook simply passed |
data to the third party.49 The third-party apps only once asked users (during |
their first use) for permission to collect and process peoples’ data (including |
the data of their “friends”). After that, the data flowed unencrypted to the |
app company for years.50 Apps were required to have privacy policies, but |
Facebook didn’t review them. Instead, Facebook just checked to see if the |
link to the privacy policy went to a valid webpage.51 |
In its complaint against Facebook, the U.S. Federal Trade Commission |
(FTC) stated that Facebook’s controls to address privacy risks created by |
third-party apps “did not include screening the third-party developers or |
their apps before granting them access to user data.” Facebook |
inconsistently enforced its own policies.52 |
The FTC ultimately slapped Facebook with an unprecedented $5 billion |
fine.53 Two Commissioners dissented, arguing that even this whopping fine |
wasn’t enough.54 |
The Cambridge Analytica scandal demonstrates that the relationship |
between privacy and security is vitally important and increasingly frayed. |
Malicious parties compromised and exfiltrated Facebook users’ data in a |
way that was different than your standard “hack n’ breach,” but to nearly |
the same effect. The key difference is that the third parties that filched |
people’s data didn’t bypass Facebook’s technological safeguards. They used |
Facebook for the exact purpose for which it was designed. In other words, |
this was a breach that didn’t occur through a break-in at the back door but |
through a walk-in at the front door. We can’t protect data by locking it in a |
safe if we then give out the combination to anyone who asks for it. |
Although the front door is essential for security, it is often isolated in the |
privacy silo, where it doesn’t receive the extensive resources from the |
security silo. For many organizations, too myopic a focus on the back door |
results in insufficient protection for the front door. |
Unnecessary Data Makes Data Breaches Worse |
Data that doesn’t exist can’t be compromised. The central privacy principle |
of data minimization—to collect only data necessary for the purpose at |
hand and to avoid retaining unnecessary data—can play a key role at |
minimizing the harmful effects of breaches. Many organizations collect far |
too much data and keep it for far too long. They should be collecting less |
from the outset (and designing tools incapable or discouraging of collecting |
more), which will soften the impact if their databases ever get breached. |
For example, companies invest billions in an insatiable desire to collect |
as much information about you as possible so they can target you with ads |
(for questionable efficiency gains).55 One such company you have probably |
never heard of is BlueKai, an ad tech tracking startup bought by Oracle in |
2014 for over $400 million. But BlueKai has heard of you. It has amassed |
“one of the largest banks of web tracking data outside the federal |
government.”56 And, for a time “that web tracking data was spilling out |
onto the open Internet because a server was left unsecured and without a |
password, exposing billions of records for anyone to find.”57 |
In another case, Ashley Madison was a popular adultery website created |
by Noel Biderman, a former sports agent. The website had the slogan “Life |
is short. Have an affair.” People could create a free profile, where they |
would list their turn-ons, sexual preferences, and location, as well as |
include their photo. Male users had to pay fees to send messages to female |
members. Although Ashley Madison promised users that their information |
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