All posts in “Software”

Facebook could face billions in potential damages as court rules facial recognition lawsuit can proceed

Facebook is facing exposure to billions of dollars in potential damages as a federal appeals court on Thursday rejected Facebook’s arguments to halt a class action lawsuit claiming it illegally collected and stored the biometric data of millions of users.

The class action lawsuit has been working its way through the courts since 2015, when Illinois Facebook users sued the company for alleged violations of the state’s Biometric Information Privacy Act by automatically collecting and identifying people in photographs posted to the service.

Now, thanks to a unanimous decision from the 9th U.S. Circuit Court of Appeals in San Francisco, the lawsuit can proceed.

The most significant language from the decision from the circuit court seems to be this:

We conclude that the development of face template using facial-recognition technology without consent (as alleged here) invades an individual’s private affairs and concrete interests. Similar conduct is actionable at common law.

The American Civil Liberties Union came out in favor of the court’s ruling.

“This decision is a strong recognition of the dangers of unfettered use of face surveillance technology,” said Nathan Freed Wessler, staff attorney with the ACLU Speech, Privacy, and Technology Project, in a statement. “The capability to instantaneously identify and track people based on their faces raises chilling potential for privacy violations at an unprecedented scale. Both corporations and the government are now on notice that this technology poses unique risks to people’s privacy and safety.”

As April Glaser noted in Slate, Facebook already may have the world’s largest database of faces, and that’s something that should concern regulators and privacy advocates.

“Facebook wants to be able to certify identity in a variety of areas of life just as it has been trying to corner the market on identify verification on the web,” Siva Vaidhyanathan told Slate in an interview. “The payoff for Facebook is to have a bigger and broader sense of everybody’s preferences, both individually and collectively. That helps it not only target ads but target and develop services, too.”

That could apply to facial recognition technologies as well. Facebook, thankfully, doesn’t sell its facial recognition data to other people, but it does allow companies to use its data to target certain populations. It also allows people to use its information for research and to develop new services that could target Facebook’s billion-strong population of users.

As our own Josh Constine noted in an article about the company’s planned cryptocurrency wallet, the developer community poses as much of a risk to how Facebook’s products and services are used and abused as Facebook itself.

Facebook has said that it plans to appeal the decision. “We have always disclosed our use of face recognition technology and that people can turn it on or off at any time,” a spokesman said in an email to Reuters.

Now, the lawsuit will go back to the court of U.S. District Judge James Donato in San Francisco who approved the class action lawsuit last April for a possible trial.

Under the privacy law in Illinois, negligent violations could be subject to damages of up to $1,000 and intentional violations of privacy are subject to up to $5,000 in penalties. For the potential 7 million Facebook users that could be included in the lawsuit, those figures could amount to real money.

“BIPA’s innovative protections for biometric information are now enforceable in federal court,” added Rebecca Glenberg, senior staff attorney at the ACLU of Illinois. “If a corporation violates a statute by taking your personal information without your consent, you do not have to wait until your data is stolen or misused to go to court. As our General Assembly understood when it enacted BIPA, a strong enforcement mechanism is crucial to hold companies accountable when they violate our privacy laws. Corporations that misuse Illinoisans sensitive biometric data now do so at their own peril.”

These civil damages could come on top of fines that Facebook has already paid to the U.S. government for violating its agreement with the Federal Trade Commission over its handling of private user data. That resulted in one of the single largest penalties levied against a U.S. technology company. Facebook is potentially on the hook for a $5 billion payout to the U.S. government. That penalty is still subject to approval by the Justice Department.

Google launches ‘Live View’ AR walking directions for Google Maps

Google is launching a beta of its augmented reality walking directions feature for Google Maps, with a broader launch that will be available to all iOS and Android devices that have system-level support for AR. On iOS, that means ARKit-compatible devices, and on Android, that means any smartphones that support Google’s ARcore, so long as ‘Street View’ is also available where you are.

Originally revealed earlier this year, Google Maps’ augmented reality feature has been available in an early alpha mode to both Google Pixel users and to Google Maps Local Guides, but starting today it’ll be rolling out to everyone (this might take a couple weeks depending on when you actually get pushed the update). We took a look at some of the features available with the early version in March, and it sounds like the version today should be pretty similar, including the ability to just tap on any location nearby in Maps, tap the ‘Directions’ button and then navigating to ‘Walking,’ then tapping ‘Live View’ which should appear newer the bottom of the screen.

Live View
The Live View feature isn’t designed with the idea that you’ll hold up your phone continually as you walk – instead, in provides quick, easy and super useful orientation, by showing you arrows and big, readable street markers overlaid on the real scene in front of you. That makes it much, much easier to orient yourself in unfamiliar settings, which is hugely beneficial when traveling in unfamiliar territory.

Google Maps is also getting a number of other upgrades, including a one-stop ‘Reservations’ tab in Maps for all your stored flights, hotel stays and more – plus it’s backed up offline. This, and a new redesigned Timeline which is airing on Android devices only for now, should also be rolling out to everyone over the next few weeks.

Instagram and Facebook are experiencing outages

Users reported issues with Instagram and Facebook Sunday morning.

[Update as of 12:45 p.m. pacific] Facebook says the outage affecting its apps has been resolved.

“Earlier today some people may have had trouble accessing the Facebook family of apps due to a networking issue. We have resolved the issue and are fully back up, we apologize for the inconvenience,” a Facebook company spokesperson said in a statement provided to TechCrunch.

The mobile apps wouldn’t load for many users beginning in the early hours of the morning, prompting thousands to take to Twitter to complain about the outage. #facebookdown and #instagramdown are both trending on Twitter at time of publish.

Microsoft Surface Pro 6 bundle on sale: Save 20% at Walmart

Just to let you know, if you buy something featured here, Mashable might earn an affiliate commission.
This Microsoft Surface Pro 6 bundle includes four software programs and an extended warranty.
This Microsoft Surface Pro 6 bundle includes four software programs and an extended warranty.

Image: Walmart / mashable photo composite

TL;DR: Score this Microsoft Surface Pro 6 bundle for just $769 when you shop at Walmart. It’s normally $958.98, so you’ll save about $190.


A Mashable’s Choice Award-winning device on sale with bonus software *and* an extended warranty to boot? In this economy?

Yeah, we can’t believe it either: Walmart just slashed the price of a Microsoft Surface Pro 6 bundle that includes our favorite tablet/laptop hybrid, four programs, and a one-year extended warranty on top of the included manufacturer warranty. The Surface Pro 6 itself usually retails for $899, but you’ll pay just $769 for the whole kit and caboodle. 

Tech expert Ray Wong wrote last winter that the Surface Pro 6 is “easily the best 2-in-1 computer of the year,” giving it a rare 4.5-out-of-5 ranking for features like its powerful 8th-gen Intel Core i5 processor and 8GB of RAM. (The particular model you’ll get as part of the bundle comes in a sophisticated platinum finish and has a 128GB storage capacity.) It’s lightweight at just 1.7 pounds — ideal for freelancers and other remote workers — and boasts battery life of up to 13.5 hours, meaning you can use it all day without fretting about your proximity to an outlet.

Along with the Surface Pro 6 itself, the bundle includes that aforementioned extended warranty and the four-part Elite Suite 17 Software collection: Office Suite Pro (a $14.99 value), Photo Editor (a $44.95 value), PDF Editor (a $39.95 value), and PCmover Pro (a $59.95 value). 

Order your bundle from Walmart today for just $769 — $189 off its suggested retail price of $958.98.

Sex tech companies and advocates protest unfair ad standards outside Facebook’s NY HQ

A group of sex tech startup founders, employees and supporters gathered outside of Facebook’s NY office in Manhattan to protest its advertising policies with respect to what it classifies as sexual content. The protest, and a companion website detailing their position we reported on Tuesday, are the work of ‘Approved, Not Approved,’ a coalition of sex health companies co-founded by Dame Products and Unbound Babes.

These policies are applied have fallen out of step with “the average person’s views of what should or shouldn’t be approved of ads,” according to Janet Lieberman, co-founder and CTO of Dame Products.

“If you look at the history of the sex toy industry, for example, vibrators were sexual health products, until advertising restrictions were put on them in the 1920s and 1930s – and then they became dirty, and that’s how the industry got shady, and that’s why we have negative thoughts towards them,” she told me in an interview at the protest. “They’re moving back towards wellness in people’s minds, but not in advertising policies. There’s a double standard for what is seen as obscene, talking about men’s sexual health versus women’s sexual health and talking about products that aren’t sexual, and using sex to sell them, versus taking sexual products and having completely non-sexual ads for them.”

facebook ad protest nyc

Credit: TechCrunch

It’s a problem that extends beyond just Facebook and Instagram, Lieberman says. In fact, her company is also suing NYC’s MTA for discrimination for its own ad standards after it refused to run ads for women’s sex toys in their out-of-home advertising inventory. But it also has ramifications beyond just advertising, since in many ways what we see in ads helps define what we see as acceptable in terms of our everyday lives and conversations.

“Some of this stems from society’s inability to separate sexual products from feeling sexual, and that’s a real problem that we see that hurts women more than men, but hurts both genders, in not knowing how to help our sexual health,” Lieberman said. “We can’t talk about it without being sexual, and that we can’t bring things up, without it seeming like we’re bringing up something that is dirty.”

IMG 9739

Credit: Unbound / Dame Products

“A lot of the people you see here today have Instagrams that have been shut down, or ads that have been not approved on Facebook,” said Bryony Cole, CEO at Future of Sex in an interview. “Myself, I run Future of Sex, which is a sex tech hackathon, and a podcast focused on sex tech, and my Instagram’s been shut down twice with no warning. It’s often for things that Facebook will say they consider phallic imagery, but they’re not […] and yet if you look at images for something like HIMS [an erectile dysfunction medication startup, examples of their ads here], you’ll see those phallic practice images. So there’s this gross discrepancy, and it’s very frustrating, especially for these companies where a lot of the revenue in their business is around community that are online which is true for sex toys.”

Online ads aren’t just a luxury for many of these startup brands and companies – they’re a necessary ingredient to continued success. Google and Facebook together account for the majority of digital advertising spend in the U.S., according to eMarketer, and it’s hard to grow a business that caters to primarily online customers without fair access to their platforms, Cole argues.

“You see a lot of sex tech or sexual wellness brands having to move off Instagram and find other ways to reach their communities,” she said. “But the majority of people, that’s where they are. And if they’re buying these products, they’re still overcoming a stigma about buying the product, so it’s great to be able to purchase these online. A lot of these companies started either crowdfunding, like Dame Products, or just through ecommerce sites. So the majority of their business is online. It’s not in a store.”

IMG 9753

Credit: Unbound / Dame Products

Earlier this year, sex tech company Lora DiCarlo netted a win in getting the Consumer Technology Association to restore its CES award after community outcry. Double standards in advertising is a far more systemic and distributed problem, but these protests will hopefully help open up the conversation and prompt more change.