The FTC is ill-equipped to find out what companies like Google and Facebook are doing behind the scenes.
(Editor’s note: As the FTC tries to protect consumers’ online privacy—by publishing a report targeting the data-collection practices of mobile apps for kids, for instance, and launching a voluntary Do Not Track program for tech companies—an investigative report from the nonprofit journalism service ProPublica reveals how hamstrung the agency is in these efforts. Here’s ProPublica’s report, which was co-published with Wired.)
Jonathan Mayer had a hunch.
A gifted computer scientist, Mayer suspected that online advertisers might be getting around browser settings that are designed to block tracking devices known as cookies. If his instinct was right, advertisers were following people as they moved from one website to another even though their browsers were configured to prevent this sort of digital shadowing.
Working long hours at his office, Mayer ran a series of clever tests in which he purchased ads that acted as sniffers for the sort of unauthorized cookies he was looking for. He hit the jackpot, unearthing one of the biggest privacy scandals of the past year: Google was secretly planting cookies on a vast number of iPhone browsers. Mayer thinks millions of iPhones were targeted by Google.
This is precisely the type of privacy violation the Federal Trade Commission aims to protect consumers from, and Google, which claims the cookies were not planted in an unethical way, now reportedly faces a fine of more than $10 million. But the FTC didn’t discover the violation. Mayer is a 25-year-old student working on law and computer science degrees at Stanford University.
He shoehorned his sleuthing between classes and homework, working from an office he shares in the Gates Computer Science Building with students from New Zealand and Hong Kong. He doesn’t get paid for his work and he doesn’t get much rest.
If it seems odd that a federal regulator was scooped by a sleep-deprived student, get used to it, because the federal government is often the last to know about digital invasions of your privacy. The largest privacy scandal of the past year, also involving Google, wasn’t discovered by federal regulators, either.
A privacy official in Germany forced Google to hand over the hard drives of cars equipped with 360-degree digital cameras that were taking pictures for its Street View program. The Germans discovered that Google wasn’t just shooting photos: The cars downloaded a panoply of sensitive data, including emails and passwords, from open Wi-Fi networks. Google had secretly done the same in the United States, but the FTC, as well as the Federal Communications Commission, which oversees broadcast issues, had no idea until the Germans figured it out.
Nearly every day, and often several times a day, there is fresh news of privacy invasions as companies hone their ability to imperceptibly assemble a vast amount of data about anyone with a smart phone, laptop or credit card. Retailers, search engines, social media sites, news organizations—all want to know as much as they can about their visitors and users so that ads can be targeted as precisely as possible.
But data mining, which has become central to the corporate bottom line, can be downright creepy, with companies knowing what you search for, what you buy, which websites you visit, how long you browse—and more. Earlier this year, it was revealed that Target realized a teenage customer was pregnant before her father knew; the firm identifies first-term pregnancies through, among other things, purchases of scent-free products. It’s akin to someone rifling through your wallet, closet or medicine cabinet, but in the digital sphere no one picks your pocket or breaks into your house. The tracking is done mostly without your knowledge and, in many cases, despite your attempts to stop it, as Mayer discovered.
The FTC is the lead agency in the government’s effort to ensure that companies do not cross the still-hazy border between acceptable and unacceptable data collection. But the agency’s ambitions are clipped by a lack of both funding and legal authority, reflecting a broader uncertainty about the role government should play in what is arguably America’s most promising new industry.
Companies like Facebook and Google are global brands for which data mining is at the core of present and future profits. How far should they go? Current laws provide few limits, mainly banning data collection from children under 13 and prohibiting the sale of personal medical data.