EFF Statement on Meta's Announcement of Revisions to Its Content Moderation Processes
Update: After this blog post was published (addressing Meta's blog post here), we learned Meta also revised its public "Hateful Conduct" policy in ways EFF finds concerning. We address these changes in this blog post, published January 9, 2025.
In general, EFF supports moves that bring more freedom of expression and transparency to platforms—regardless of their political motivation. We’re encouraged by Meta's recognition that automated flagging and responses to flagged content have caused all sorts of mistakes in moderation. Just this week, it was reported that some of those "mistakes" were heavily censoring LGBTQ+ content. We sincerely hope that the lightened restrictions announced by Meta will apply uniformly, and not just to hot-button U.S. political topics.
Censorship, broadly, is not the answer to misinformation. We encourage social media companies to employ a variety of non-censorship tools to address problematic speech on their platforms and fact-checking can be one of those tools. Community notes, essentially crowd-sourced fact-checking, can be a very valuable tool for addressing misinformation and potentially give greater control to users. But fact-checking by professional organizations with ready access to subject-matter expertise can be another. This has proved especially true in international contexts where they have been instrumental in refuting, for example, genocide denial.
So, even if Meta is changing how it uses and preferences fact-checking entities, we hope that Meta will continue to look to fact-checking entities as an available tool. Meta does not have to, and should not, choose one system to the exclusion of the other.
Importantly, misinformation is only one of many content moderation challenges facing Meta and other social media companies. We hope Meta will also look closely at its content moderation practices with regards to other commonly censored topics such as LGBTQ speech, political dissidence, and sex work.
Meta’s decision to move its content teams from California to “help reduce the concern that biased employees are overly censoring content” seems more political than practical. There is of course no population that is inherently free from bias and by moving to Texas, the “concern” will likely not be reduced, but just relocated from perceived “California bias” to perceived “Texas bias.”
Content moderation at scale, whether human or automated, is impossible to do perfectly and nearly impossible to do well, involving millions of difficult decisions. On the one hand, Meta has been over-moderating some content for years, resulting in the suppression of valuable political speech. On the other hand, Meta's previous rules have offered protection from certain types of hateful speech, harassment, and harmful disinformation that isn't illegal in the United States. We applaud Meta’s efforts to try to fix its over-censorship problem but will watch closely to make sure it is a good-faith effort and rolled out fairly and not merely a political maneuver to accommodate the upcoming U.S. administration change.
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情報通信行政・郵政行政審議会 郵政行政分科会(第96回)
「日本スタートアップ大賞2025」の募集を開始します!
緊急消防援助隊の出動に係る総務大臣感謝状贈呈及び消防庁長官賞状授与
一般職事務系業務説明会の情報を更新しました
Sixth Circuit Rules Against Net Neutrality; EFF Will Continue to Fight
Last week, the Sixth U.S. Circuit Court of Appeals ruled against the FCC, rejecting its authority to classify broadband as a Title II “telecommunications service.” In doing so, the court removed net neutrality protections for all Americans and took away the FCC’s ability to meaningfully regulate internet service providers.
This ruling fundamentally gets wrong the reality of internet service we all live with every day. Nearly 80% of Americans view broadband access to be as important as water and electricity. It is no longer an extra, non-necessary “information service,” as it was seen 40 years ago, but it is a vital medium of communication in everyday life. Business, health services, education, entertainment, our social lives, and more have increasingly moved online. By ruling that broadband “information service” and not a “telecommunications service” this court is saying that the ISPs that control your broadband access will continue to face little to no oversight for their actions.
This is intolerable.
Net neutrality is the principle that ISPs treat all data that travels over their network equally, without improper discrimination in favor of particular apps, sites, or services. At its core, net neutrality is a principle of equity and protector of innovation—that, at least online, large monopolistic ISPs don’t get to determine winners and losers. Net neutrality ensures that users determine their online experience, not ISPs. As such, it is fundamental to user choice, access to information, and free expression online.
By removing protections against actions like blocking, throttling, and paid prioritization, the court gives those willing and able to pay ISPs an advantage over those who are not. It privileges large legacy corporations that have partnerships with the big ISPs, and it means that newer, smaller, or niche services will have trouble competing, even if they offer a superior service. It means that ISPs can throttle your service–or that of, say, a fire department fighting the largest wildfire in state history. They can block a service they don’t like. In addition to charging you for access to the internet, they can charge services and websites for access to you, artificially driving up costs. And where most Americans have little choice in home broadband providers, it means these ISPs will be able to exercise their monopoly power not just on the price you pay for access, but how you access and engage with information as well.
Moving forward, now more than ever it becomes important for individual states to pass their own net neutrality laws, or defend the ones they have on the books. California passed a gold standard net neutrality law in 2018 that has survived judicial scrutiny. It is up to us to ensure it remains in place.
Congress can also end this endless whiplash of reclassification and decide, once and for all, by passing a law classifying broadband internet services firmly under Title II. Such proposals have been introduced before; they ought to be introduced again.
This is a bad ruling for Team Internet, but we are resilient. EFF–standing with users, innovators, creators, public interest advocates, librarians, educators, and everyone else who relies on the open internet–will continue to champion the principles of net neutrality and work toward an equitable and open internet for all.
Last Call: The Combined Federal Campaign Pledge Period Closes on January 15!
The pledge period for the Combined Federal Campaign (CFC) closes on Wednesday, January 15! If you're a U.S. federal employee or retiree, now is the time to make your pledge and support EFF’s work to protect your rights online.
If you haven’t before, giving to EFF through the CFC is quick and easy! Just head on over to GiveCFC.org and click “DONATE.” Then you can search for EFF using our CFC ID 10437 and make a pledge via payroll deduction, credit/debit, or an e-check. If you have a renewing pledge, you can also choose to increase your support there as well!
The CFC is the world’s largest and most successful annual charity campaign for U.S. federal employees and retirees. Last year members of this community raised nearly $34,000 to support EFF’s initiatives advocating for privacy and free expression online. That support has helped us:
- Fight for the public's right to access police drone footage
- Encourage the Fifth Circuit Court of Appeals to rule that location-based geofence warrants are unconstitutional
- Push back against countless censorship laws, including the Kids Online Safety Act
- Continue to see more of the web encrypted thanks to Certbot and Let's Encrypt
Federal employees and retirees have a tremendous impact on our democracy and the future of civil liberties and human rights online. By making a pledge through the CFC, you can shape a future where your privacy and free speech rights are protected. Make your pledge today using EFF’s CFC ID 10437!
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ご案内 : 2・5日韓市民と国会議員の院内集会&記者会見
第13回 消費者法制度のパラダイムシフトに関する専門調査会の議事録掲載【11月29日開催】
[B] 内戦激化でミャンマー避難民350万人以上に 人道状況さらに深刻化 国連発表
処分撤回を求めて(564)五次訴訟最終弁論 3月24日にこぞって傍聴を!
村上総務大臣閣議後記者会見の概要
電波利用に関わる電子申請・届出システム等のリニューアル
EFF Goes to Court to Uncover Police Surveillance Tech in California
Which surveillance technologies are California police using? Are they buying access to your location data? If so, how much are they paying? These are basic questions the Electronic Frontier Foundation is trying to answer in a new lawsuit called Pen-Link v. County of San Joaquin Sheriff’s Office.
EFF filed a motion in California Superior Court to join—or intervene in—an existing lawsuit to get access to documents we requested. The private company Pen-Link sued the San Joaquin Sheriff’s Office to block the agency from disclosing to EFF the unredacted contracts between them, claiming the information is a trade secret. We are going to court to make sure the public gets access to these records.
The public has a right to know the technology that law enforcement buys with taxpayer money. This information is not a trade secret, despite what private companies try to claim.
How did this case start?As part of EFF’s transparency mission, we sent public records requests to California law enforcement agencies—including the San Joaquin Sheriff’s Office—seeking information about law enforcements’ use of technology sold by two companies: Pen-Link and its subsidiary, Cobwebs Technologies.
The Sheriff’s Office gave us 40 pages of redacted documents. But at the request of Pen-Link, the Sheriff’s Office redacted the descriptions and prices of the products, services, and subscriptions offered by Pen-Link and Cobwebs.
Pen-Link then filed a lawsuit to permanently block the Sheriff’s Office from making the information public, claiming its prices and descriptions are trade secrets. Among other things, Pen-Link requires its law enforcement customers to sign non-disclosure agreements to not reveal use of the technology without the company’s consent. In addition to thwarting transparency, this raises serious questions about defendants’ rights to obtain discovery in criminal cases.
“Customer and End Users are prohibited from disclosing use of the Deliverables, names of Cobwebs' tools and technologies, the existence of this agreement or the relationship between Customers and End Users and Cobwebs to any third party, without the prior written consent of Cobwebs,” according to Cobwebs’ Terms.
Unfortunately, these kinds of terms are not new.
EFF is entering the lawsuit to make sure the records get released to the public. Pen-Link’s lawsuit is known as a “reverse” public records lawsuit because it seeks to block, rather than grant access to public records. It is a rare tool traditionally only used to protect a person’s constitutional right to privacy—not a business’ purported trade secrets. In addition to defending against the “reverse” public records lawsuit, we are asking the court to require the Sheriff’s Office to give us the un-redacted records.
Who is Pen-Link and Cobwebs Technologies?Pen-Link and its subsidiary Cobwebs Technologies are private companies that sell products and services to law enforcement. Pen-Link has been around for years and may be best known as a company that helps law enforcement execute wiretaps after a court grants approval. In 2023, Pen-Link acquired the company Cobwebs Technologies.
The redacted documents indicate that San Joaquin County was interested in Cobwebs’ “Web Intelligence Investigation Platform.” In other cases, this platform has included separate products like WebLoc, Tangles, or a “face processing subscription.” WebLoc is a platform that provides law enforcement with a vast amount of location data sourced from large data sets. Tangles uses AI to glean intelligence from the “open, deep and dark web.” Journalists at multiple news outlets have chronicled this technology and have published Cobwebs training manuals that demonstrate that its product can be used to target activists and independent journalists. The company has also provided proxy social media accounts for undercover investigations, which led Meta to name it a surveillance-for-hire company and to delete hundreds of accounts associated with the platform. Cobwebs has had multiple high-value contracts with federal agencies like Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS) and state entities, like the Texas Department of Public Safety and the West Virginia Fusion Center. EFF classifies this type of product as a “Third Party Investigative Platform,” a category that we began documenting in the Atlas of Surveillance project earlier this year.
What’s next?Before EFF officially joins the case, the court must grant our motion, then we can file our petition and brief the case. A favorable ruling would grant the public access to these documents and show law enforcement contractors that they can’t hide their surveillance tech behind claims of trade secrets.
For communities to have informed conversations and make reasonable decisions about powerful surveillance tools being used by their governments, our right to information under public records laws must be honored. The costs and descriptions of government purchases are common data points, regularly subject to disclosure under public records laws.
Allowing PenLink to keep this information secret would dangerously diminish the public’s right to government transparency and help facilitate surveillance of U.S. residents. In the past, our public records work has exposed similar surveillance technology. In 2022, EFF produced a large exposé on Fog Data Science, the secretive company selling mass surveillance to local police.
The case number is STK-CV-UWM-0016425. Read more here:
EFF's Motion to Intervene
EFF's Points and Authorities
Trujillo Declaration & EFF's Cross-Petition
Pen-Link's Original Complaint
Redacted documents produced by County of San Joaquin Sheriff’s Office
Online Behavioral Ads Fuel the Surveillance Industry—Here’s How
A global spy tool exposed the locations of billions of people to anyone willing to pay. A Catholic group bought location data about gay dating app users in an effort to out gay priests. A location data broker sold lists of people who attended political protests.
What do these privacy violations have in common? They share a source of data that’s shockingly pervasive and unregulated: the technology powering nearly every ad you see online.
Each time you see a targeted ad, your personal information is exposed to thousands of advertisers and data brokers through a process called “real-time bidding” (RTB). This process does more than deliver ads—it fuels government surveillance, poses national security risks, and gives data brokers easy access to your online activity. RTB might be the most privacy-invasive surveillance system that you’ve never heard of.
What is Real-Time Bidding?RTB is the process used to select the targeted ads shown to you on nearly every website and app you visit. The ads you see are the winners of milliseconds-long auctions that expose your personal information to thousands of companies a day. Here’s how it works:
- The moment you visit a website or app with ad space, it asks a company that runs ad auctions to determine which ads it will display for you. This involves sending information about you and the content you’re viewing to the ad auction company.
- The ad auction company packages all the information they can gather about you into a “bid request” and broadcasts it to thousands of potential advertisers.
- The bid request may contain personal information like your unique advertising ID, location, IP address, device details, interests, and demographic information. The information in bid requests is called “bidstream data” and can easily be linked to real people.
- Advertisers use the personal information in each bid request, along with data profiles they’ve built about you over time, to decide whether to bid on ad space.
- Advertisers, and their ad buying platforms, can store the personal data in the bid request regardless of whether or not they bid on ad space.
A key vulnerability of real-time bidding is that while only one advertiser wins the auction, all participants receive the data. Indeed, anyone posing as an ad buyer can access a stream of sensitive data about the billions of individuals using websites or apps with targeted ads. That’s a big way that RTB puts personal data into the hands of data brokers, who sell it to basically anyone willing to pay. Although some ad auction companies have policies against selling bidstream data, the practice remains widespread.
RTB doesn’t just allow companies to harvest your data—it also incentivizes it. Bid requests containing more personal data attract higher bids, so websites and apps are financially motivated to harvest as much of your data as possible. RTB further incentivizes data brokers to track your online activity because advertisers purchase data from data brokers to inform their bidding decisions.
Data brokers don’t need any direct relationship with the apps and websites they’re collecting bidstream data from. While some data collection methods require web or app developers to install code from a data broker, RTB is facilitated by ad companies that are already plugged into most websites and apps. This allows data brokers to collect data at a staggering scale. Hundreds of billions of RTB bid requests are broadcast every day. For each of those bids, thousands of real or fake ad buying platforms may receive data. As a result, entire businesses have emerged to harvest and sell data from online advertising auctions.
First FTC Action Against Abuse of Real-Time Bidding DataA recent enforcement action by the Federal Trade Commission (FTC) shows that the dangers of RTB are not hypothetical—data brokers actively rely on RTB to collect and sell sensitive information. The FTC found that data broker Mobilewalla was collecting personal data—including precise location information—from RTB auctions without placing ads.
Mobilewalla collected data on over a billion people, with an estimated 60% sourced directly from RTB auctions. The company then sold this data for a range of invasive purposes, including tracking union organizers, tracking people at Black Lives Matter protests, and compiling home addresses of healthcare employees for recruitment by competing employers. It also categorized people into custom groups for advertisers, such as “pregnant women,” “Hispanic churchgoers,” and “members of the LGBTQ+ community.”
The FTC concluded that Mobilewalla's practice of collecting personal data from RTB auctions where they didn’t place ads violated the FTC Act’s prohibition of unfair conduct. The FTC’s proposed settlement order bans Mobilewalla from collecting consumer data from RTB auctions for any purposes other than participating in those auctions. This action marks the first time the FTC has targeted the abuse of bidstream data. While we celebrate this significant milestone, the dangers of RTB go far beyond one data broker.
Real-Time Bidding Enables Mass SurveillanceRTB is regularly exploited for government surveillance. As early as 2017, researchers demonstrated that $1,000 worth of ad targeting data could be used to track an individuals’ locations and glean sensitive information like their religion and sexual orientation. Since then, data brokers have been caught selling bidstream data to government intelligence agencies. For example, the data broker Near Intelligence collected data about more than a billion devices from RTB auctions and sold it to the U.S. Defense Department. Mobilewalla sold bidstream data to another data broker, Gravy Analytics, whose subsidiary, Venntell, likewise has sold location data to the FBI, ICE, CBP, and other government agencies.
In addition to buying raw bidstream data, governments buy surveillance tools that rely on the same advertising auctions. The surveillance company Rayzone posed as an advertiser to acquire bidstream data, which it repurposed into tracking tools sold to governments around the world. Rayzone’s tools could identify phones that had been in specific locations and link them to people's names, addresses, and browsing histories. Patternz, another surveillance tool built on bidstream data, was advertised to security agencies worldwide as a way to track people's locations. The CEO of Patternz highlighted the connection between surveillance and advertising technology when he suggested his company could track people through “virtually any app that has ads.”
Beyond the privacy harms from RTB-fueled government surveillance, RTB also creates national security risks. Researchers have warned that RTB could allow foreign states and non-state actors to obtain compromising personal data about American defense personnel and political leaders. In fact, Google’s ad auctions sent sensitive data to a Russian ad company for months after it was sanctioned by the U.S. Treasury.
The privacy and security dangers of RTB are inherent to its design, and not just a matter of misuse by individual data brokers. The process broadcasts torrents of our personal data to thousands of companies, hundreds of times per day, with no oversight of how this information is ultimately used. This indiscriminate sharing of location data and other personal information is dangerous, regardless of whether the recipients are advertisers or surveillance companies in disguise. Sharing sensitive data with advertisers enables exploitative advertising, such as predatory loan companies targeting people in financial distress. RTB is a surveillance system at its core, presenting corporations and governments with limitless opportunities to use our data against us.
How You Can Protect YourselfPrivacy-invasive ad auctions occur on nearly every website and app, but there are steps you can take to protect yourself:
- For apps: Follow EFF’s instructions to disable your mobile advertising ID and audit app permissions. These steps will reduce the personal data available to the RTB process and make it harder for data brokers to create detailed profiles about you.
- For websites: Install Privacy Badger, a free browser extension built by EFF to block online trackers. Privacy Badger automatically blocks tracking-enabled advertisements, preventing the RTB process from beginning.
These measures will help protect your privacy, but advertisers are constantly finding new ways to collect and exploit your data. This is just one more reason why individuals shouldn’t bear the sole responsibility of defending their data every time they use the internet.
The Real Solution: Ban Online Behavioral AdvertisingThe best way to prevent online ads from fueling surveillance is to ban online behavioral advertising. This would end the practice of targeting ads based on your online activity, removing the primary incentive for companies to track and share your personal data. It would also prevent your personal data from being broadcast to data brokers through RTB auctions. Ads could still be targeted contextually—based on the content of the page you’re currently viewing—without collecting or exposing sensitive information about you. This shift would not only protect individual privacy but also reduce the power of the surveillance industry. Seeing an ad shouldn’t mean surrendering your data to thousands of companies you’ve never heard of. It’s time to end online behavioral advertising and the mass surveillance it enables.