New Mexico and Facebook present opening statements in data privacy trial
The state alleges the tech giant knowingly misled users about third-party data sharing, while the defense argues the company acted swiftly to address abuse by apps like Cambridge Analytica.
The state alleges the tech giant knowingly misled users about third-party data sharing, while the defense argues the company acted swiftly to address abuse by apps like Cambridge Analytica.
The New Mexico Attorney General's Office and Facebook presented opening statements in a trial determining whether Facebook knowingly misled users about its personal data practices.
Following opening statements that took about an hour for each side, the jury is being asked to decide if Facebook’s statements regarding how it used data matched the company’s actual practices, and whether Facebook knowingly misled users to drive growth and profits.
The state alleges that Facebook misrepresented how it handled data while expanding its reach by allowing third-party developers access to user information.
"The slogan that Mark Zuckerberg coined and used over and over again at Facebook: that we have to move fast and break things. It wasn't 'move fast, improve things, move fast, make the world a better place' (it was) move fast and break things, and it did move fast," New Mexico attorney Randi McGinn said.
McGinn noted the sheer volume of third-party access on the platform.
"9.7 million apps they had that were accessing your information. And of the 9.7 million apps, there were 2,812 identified as having misused or were suspected of misusing data," McGinn said.
The state’s case heavily focuses on the third-party app Cambridge Analytica. McGinn pointed to a professor who gathered data from about 270,000 people and their friends under the guise of an academic survey.
The state says that data was then used to create targeted advertisements for voters during the 2016 election. The ads were sent "not just to Republicans in support of Trump, for example, but sending ads to Democrats in Democratic states, saying things like, 'Hillary's got it. You don't need to vote,'" McGinn said.
The defense pushed back in its opening statement, arguing that the state's case is incomplete.
"The idea that there's a batch of statements out there where Facebook is trying to mislead people by saying we're perfect, that is simply not true, and the evidence will not support that," Facebook attorney Dane Butswinkas said.
Facebook argues the platform took accountability as soon as it discovered how data was being used by Cambridge Analytica.
"Facebook and Professor Kogan enter into a big settlement agreement to settle this, where they promise and certify that they will delete all the information," Butswinkas said. "Facebook doesn't hide in the back room. It announces the settlement publicly."
The defense noted that the company took further action, ultimately suspending 125,000 apps that misused user information.
"They extended app review and launched annual reviews for third-party apps. They removed third-party apps' access to unused permissions. They launched data abuse programs. They limited information that was available from the earlier platform," Butswinkas said.
He added that the company communicated these changes to users "and they publicly updated policies and practices for third-party apps."
The jury will decide how many violations of the Unfair Practices Act, if any, Facebook committed. If the company is found guilty, the judge will determine the penalty.