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48 Advocacy Groups Call On the FTC To Ban Amazon Surveillance (vice.com) 32

An anonymous reader quotes a report from Motherboard: On Thursday, a coalition of 48 civil rights and advocacy groups organized by Athena asked the Federal Trade Commission to exercise its rulemaking authority by banning corporate facial surveillance technology, banning continuous corporate surveillance of public spaces, and protecting the public from data abuse. "The harms caused by this widespread, unregulated corporate surveillance pose a direct threat to the public at large, especially for Black and brown people most often criminalized using surveillance," the coalition wrote in an open letter. "Given these dangers, we're calling on the Federal Trade Commission (FTC) to use its rulemaking authority to ban corporate use of facial surveillance technology, ban continuous surveillance in places of public accommodation, and stop industry-wide data abuse."

While a number of firms offer networked surveillance devices to try and make homes "smart," the coalition uses Amazon as a case study into how dangerous corporate surveillance can become (and the sorts of abuses that can emerge) when in the hands of a dominant and anti-competitive firm. From Amazon's Ring -- which has rolled out networked surveillance doorbells and car cameras that continuously surveil public and private spaces -- to Alexa, Echo, or Sidewalk, the company has launched numerous products and services to try and convince consumers to generate as much data as possible for the company to eventually capitalize on. "Pervasive surveillance entrenches Amazon's monopoly. The corporation's unprecedented data collection feeds development of new and existing artificial intelligence products, further entrenching and enhancing its monopoly power," the coalition letter argues.

From this nexus of monopolistic power and unchallenged power, the coalition draws a long list of abuses committed by Amazon that have harmed consumers, communities, and total bystanders. Ring's surveillance devices have been hacked multiple times, have leaked owners' Wi-Fi passwords, and shared locations over the Neighbors App. Vulnerabilities in Alexa risked revealing personally identifiable information, and all this takes place within the context of a lack of transparency around security protocols that force consumers to opt out of surveillance conducted without their consent. On Ring's Neighbors App, racial profiling has been gamified to encourage and escalate surveillance of "suspicious" people. The company collects personal information on children -- a potential violation of the Children's Online Privacy Protection Act -- but has also seen the adoption of its various surveillance devices increase in schools, libraries, and communities across the country. Paired with Amazon's development of deeply biased facial surveillance technology and its partnerships with the police and fire departments of over 2,000 cities, the group argues the potential for abuse outstrips a threshold anyone should be comfortable with.
"This type of surveillance is illegal under the FTC Act in Section 5 and in particular the section that talks about unfair and deceptive practices," said Jane Chung, the Big Tech Accountability Advocate at Public CItizen, in an interview. "There's a list of three things that have to be true in order for a practice to be unfair and deceptive according to the FTC. Number 1: it has to cause substantial injury. Number 2: the injury can't be avoidable. And number 3: the injury isn't outweighed by benefits."

"Rulemaking is needed to stop widespread systematic surveillance, discrimination, lax security, tracking of individuals, and the sharing of data. While Amazon's smart home ecosystem, facial surveillance technology, and e-learning devices provide a good case study, these rules must extend beyond this one technology corporation to include any entity collecting, using, selling, and/or sharing personal data."
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48 Advocacy Groups Call On the FTC To Ban Amazon Surveillance

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  • Wait, what? (Score:3, Insightful)

    by Entrope ( 68843 ) on Thursday July 29, 2021 @04:11PM (#61635789) Homepage

    There's a list of three things that have to be true in order for a practice to be unfair and deceptive according to the FTC. Number 1: it has to cause substantial injury. Number 2: the injury can't be avoidable. And number 3: the injury isn't outweighed by benefits.

    One would suspect that the behavior also has to be unfair and deceptive in the first place, yet TFS and TFA are awfully short on detail about why this kind of surveillance is deceptive or an unfair business practice.

    A lot of things check those three boxes. Shooting someone during a robbery is an example. Given that the FTC does not prosecute that kind of robbery, I suspect the law requires something more than just that.

    • by mysidia ( 191772 )

      A lot of things check those three boxes. Shooting someone during a robbery is an example.

      It seems like what they have is 48 advocacy groups who have a level of paranoia regarding privacy and concern 1000-fold that of consumers, so those organizations ignore the not insubstantial benefits of surveillance and overvalue the extent of injury.

      The major barrier they have to cross is the FTC is they have to meet a standard of proof before they can prohibit a practice: the FTC are disempowered from banning practice

      • by Entrope ( 68843 )

        Note that the unfair-or-deceptive statute does not even apply to all unfair or deceptive methods, acts or practices in commerce -- it only applies to commerce between states, to import commerce, and to export commerce when an unfair or deceptive method (but not act or practice!) has "a direct, substantial, and reasonably foreseeable effect" on someone else in the US engaging in export commerce.

        The only bit of the letter that even comes close to addressing the unfairness or deception is this part:

        And it is f

      • by tlhIngan ( 30335 )

        If it lacked benefits, then why would consumers be deliberately purchasing these products such as 'Ring Doorbell' ? Given law enforcement are major proponents and many consumers specifically seek surveillance tools for security reasons, the overwhelming and major countervailing benefits are clear.

        The thing is, the benefit to "me" over the injury to "we".

        Surveillance cameras can benefit "me", but they can injure "we" if done wrong. I mean, why do we fear Facebook selling cameras? Maybe Facebook can sell cam

  • by ickleberry ( 864871 ) <web@pineapple.vg> on Thursday July 29, 2021 @04:45PM (#61635945) Homepage
    Is people actually buy this sh1t. Ring door bells and smart speakers? I just don't see the appeal. Even if they didn't spy on me at all I would have no desire to get them
  • Why would you buy stuff that will tattle on you or your personal info gleaned and sold ? I don't plan on buying any smart devices for my home !
  • the coalition draws a long list of abuses committed by Amazon that have harmed consumers, communities, and total bystanders.

    And then right after that, they list a bunch of reasons why you shouldn't buy Amazon's shit. I didn't see a single example to persuade me that it should become illegal for you (even if aided by your computer) to pay attention to your own surroundings, or to ask for someone else's help (even if the "someone else" is incompetent or evil) in doing that.

    Hate Amazon if you must, but hating

    • That's why the FTC should just throw this in the trash. If Amazon is the problem, sue them. If the technology is the problem, regulate it. Banning the technology because Amazon has a popular consumer implementation is utterly absurd. Any argument that seeks redress for something other than its literal target is absurd.

      Not that they can prove there is an injury, that said injury would be unavoidable, or that it would be greater than the benefits. They list exactly one demonstrable type of injury, but

  • First off, if calling something racist is now a great way of say, "I don't have a leg to stand on". Especially if your full argument is, "being seen on cameras makes black people criminals", which is exactly what the wording, "Black and brown people most often criminalized using surveillance", indicates. That's just plain stupid, being caught on camera doesn't make someone a criminal, that's what committing crimes does. At best that argument comes down to "black and brown people are more often caught committing crimes on camera", which I strongly doubt is what they're trying to say, and certainly wouldn't be the fault of the surveillance systems catching them in the act.

    What are the other arguments? Well the one beginning with, "the coalition uses Amazon as a case study into how dangerous corporate surveillance can become (and the sorts of abuses that can emerge) when in the hands of a dominant and anti-competitive firm", is also garbage. Why? For one, they aren't talking about the technology, they're criticizing the behavior of a company. That's like saying we have to get rid of all cars because someone drove drunk and crashed into a building. It's another garbage argument that doesn't actually support what they want.

    And what exactly do they want again? Is it even what they're asking for? Let's look at that first quote again - "The harms caused by this widespread, unregulated corporate surveillance pose a direct threat to the public at large". Well, they don't actually demonstrate the claim that the technology causes any harm, just that Amazon's Ring is very successful despite having had some problems. "Pervasive surveillance entrenches Amazon's monopoly. The corporation's unprecedented data collection feeds development of new and existing artificial intelligence products, further entrenching and enhancing its monopoly power" - I wasn't aware that Amazon was the sole player in the market. Probably because they are not, Ring is just the piece of a larger market where Amazon currently has the most popular product. And that they use a popular product to leverage further R&D is hardly a bad thing the FTC should prevent. Much the opposite.

    The biggest and clearest problem with their argument is again in that first quote. What happens if we accept every element of the argument - "unregulated corporate surveillance" causes black and brown people to become criminals and Amazon to be the only company in the world and they spend all days spying on everyone? Well, are they demanding a solution to the stated problem?

    No, they aren't. They are identifying "unregulated corporate surveillance" as the problem, but they are demanding that, "the Federal Trade Commission (FTC) to use its rulemaking authority to ban corporate use of facial surveillance technology, ban continuous surveillance in places of public accommodation, and stop industry-wide data abuse." The argument and the demand do not match. According to the argument, the problem is a lack of regulation, so the demand should be the creation of regulations to prevent abuse, right? According to their demand, the technology is inherently bad and must be banned. That's an insincere argument, it should therefore be ignored.

    That someone else is quoted separately asking for what the core argument indicates is a good sign that someone involved isn't dishonest or stupid, but it does contradict what the "coalition" is seeking. This contradiction is stark and direct - if the FTC, (or Congress, where that authority actually rests), can impose regulations to prevent harmful misuse, then clearly the technology does not present unavoidable injury as required by the 2nd prong of the FTC's test.

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