[HN Gopher] FTC Settlement with Fertility-Tracking App for Faceb...
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       FTC Settlement with Fertility-Tracking App for Facebook/Google SDK
       Data Sharing
        
       Author : averysmallbird
       Score  : 85 points
       Date   : 2021-01-13 18:39 UTC (4 hours ago)
        
 (HTM) web link (www.ftc.gov)
 (TXT) w3m dump (www.ftc.gov)
        
       | 908087 wrote:
       | Am I missing something, or are they really being let off with
       | less than a slap on the wrist, and no fines?
       | 
       | Not really sending a great message here, FTC.
        
       | MarkSweep wrote:
       | If anyone is looking for an alternative to Flo, as of iOS 13 the
       | built-in Health app has similar functionality:
       | 
       | https://support.apple.com/en-us/HT210407
        
         | mtlynch wrote:
         | I know of another one called POW! made by indie developer
         | Benedicte Raae:
         | 
         | https://www.usepow.app/
         | 
         | The data is all client-side encrypted, so she doesn't collect
         | any sensitive user data that could be sold or abused.
         | 
         | I've never used it, but I think the privacy-first mission is
         | cool.
        
         | Darkphibre wrote:
         | Open inquiry: Anything out there recommended for Android or PC?
        
         | bmvcant wrote:
         | There is a secure app called garbage bin: Open the lid, firmly
         | grasp your iPhone, place it over the bin, open your hand and
         | drop it.
         | 
         | Use pen and paper and the problem is solved.
        
       | edoceo wrote:
       | Is this related to the US Fertility company's data breach?
       | 
       | Leaked SSN and DoB data, rouge code was on there for a month
       | before they found it.
       | 
       | Edit: it's a different breach of a different fertility related
       | company.
       | 
       | Finally data-breaches are sexy ;)
        
       | 1-6 wrote:
       | A menstrual cycle company named Flo. App-tly named (excuse the
       | pun).
        
       | [deleted]
        
       | ndiscussion wrote:
       | To quote a dead comment:
       | 
       | "Am I missing something, or are they really being let off with
       | less than a slap on the wrist, and no fines? Not really sending a
       | great message here, FTC."
       | 
       | Agreed. This is one of the most egregious abuses of privacy
       | imagineable.
        
         | philsnow wrote:
         | > This is one of the most egregious abuses of privacy
         | imagineable.
         | 
         | For people who haven't used these kinds of apps, Flo includes
         | day-by-day tracking of:                 - sex and sex drive
         | - didn't have sex         - protected sex         - unprotected
         | sex         - high sex drive         - masturbation       -
         | mood:          - calm         - happy         - [...]         -
         | sad         - depressed         - obsessive thoughts          -
         | apathetic         - very self-critical       - symptoms
         | (cramps, tender breasts, acne, many more)       - vaginal
         | discharge (none, spotting, sticky, eggwhite, etc, "unusual")
         | - other (travel, stress, disease/injury, alcohol)
         | 
         | There's a ridiculous amount of potential here for just purely
         | creepy oversharing of information that a woman might presume is
         | safe to enter into an app.
         | 
         | There's also a lot of things here that are maybe legally
         | dangerous to be disclosing outside of a doctor-patient context
         | (the last several "mood" items).
         | 
         | This is abhorrent.
        
           | koolk3ychain wrote:
           | This is freaky, with this data and a rough identity (ads
           | wise) you could literally AB test what ads / suggestive
           | content affects someone's mood and relationship. How bone
           | headed do you have to be to actually ask "what could someone
           | do with this info, seems innocuous to me"?
        
             | Ar-Curunir wrote:
             | Perhaps they didn't think it was innocuous at all?
        
           | kevin_thibedeau wrote:
           | It's worth pointing out that traditional data brokers are
           | able to track menstrual cycles based on purchase activity.
           | Nobody can opt out of this and it's been going on for a few
           | decades. It can be used for ad targeting by presenting the
           | target with the optimal content for each week.
        
         | swebs wrote:
         | You can revive a dead comment if you feel it was unjustly
         | killed. Just click the timestamp then click "vouch".
        
         | zinekeller wrote:
         | I do get with the frustration, but with the current state of US
         | (federal) laws it is probably the best remedy available now
         | (unlike GDPR where you can really go and score larger fines and
         | even jail time if it is grossly negligent or intentional).
        
         | averysmallbird wrote:
         | The FTC brings privacy cases under its 'unfair and deceptive
         | acts or practices in commerce' prohibition, which does not
         | provide it the legal basis to impose civil penalties. There are
         | possibly other things it could have required (the recent Ever
         | case requiring deletion is a good example), but it is currently
         | constrained on what it can force for a first violation. The two
         | Democratic FTC Commissioners issued a useful statement on what
         | else they would have required:
         | https://www.ftc.gov/system/files/documents/public_statements...
        
       | Cd00d wrote:
       | I'm curious if anyone has insight into the _value_ of this kind
       | of data.
       | 
       | I work with alternative data for investors, mostly consumer spend
       | behavior - things like point of sale transactions and online cart
       | contents. These have value in that you can correlate panel
       | behaviors with a company's revenue or identify trends in the
       | market.
       | 
       | But, for data like ovulation schedules or events like pregnancy,
       | it seems that it's a lot of work (and based on the FTC ethically
       | questionable) to see one-off events or target specific consumers
       | a small set of products.
       | 
       | I must be looking at the available opportunities with some kind
       | of blind spot, because I don't get why companies would _pay_ for
       | this sort of data.
        
         | jmholla wrote:
         | Some companies' business is that one off customer. Think of
         | weddings and graduations. Entire businesses are formed around
         | those too.
        
         | ascagnel_ wrote:
         | There's a lot of value in knowing about a pregnancy -- in the
         | months leading up to a baby, you're spending a ton of money
         | getting ready for the baby or on constantly buying new clothes
         | for mom as the pregnancy moves along. Once the baby comes, you
         | have a good chance for capturing a repeat customer on a bunch
         | of baby-related items (diapers, wipes, etc).
        
           | [deleted]
        
           | joshspankit wrote:
           | Also, if you've ever known someone who's a new parent; the
           | sheer volume of "welcome packages", pamphlets, flyers,
           | coupons, and free samples is staggering and clearly indicates
           | (to me at least) that the customer value is uncommonly high.
        
             | erichurkman wrote:
             | If you sell cribs, you likely only have 1 - 2 chances per
             | couple's entire lives to sell a crib. Saturation and timing
             | of ads are paramount.
        
         | digitalengineer wrote:
         | It is not because you are pregnant or because there is a baby
         | on the way. It is because, during this time in a woman's life
         | she is very open for changes in her daily routines. Everything
         | is interesting: from breakfast brands to shampoo brands, type
         | and brand of car, even housing.
        
         | tcoff91 wrote:
         | You should read this article about Target going to great
         | lengths to figure out which customers were pregnant.
         | https://www.nytimes.com/2012/02/19/magazine/shopping-habits....
        
         | bumbada wrote:
         | The value is enormous because women's hormones depend basically
         | on the menstrual cycle and the modifications of that with
         | things like the pill.
         | 
         | People's behavior (women and men) depend a lot on hormones.
         | 
         | Big big data you can identify lots of useful patterns of
         | behavior and you could control those.
        
         | antihero wrote:
         | Are you kidding? As far as I know, there is no greater event
         | generally in a persons life when their purchasing habits and
         | lifestyle change, and they are looking for new brands, than
         | pregnancy.
         | 
         | Not only just for the huge amount of money people will spend on
         | baby stuff, sorting out cribs, but then eighteen years
         | perfectly time-able marketing for birthdays, different stages
         | of development, loans, different cars, houses, college loans,
         | It is probably the most valuable single even about someone from
         | an advertising perspective and whoever can get in first is out
         | to make bank.
         | 
         | How valuable do you think it to build relationship with, track
         | the preferences of, and pick a the perfect adverts and products
         | to show a person who has purchasing power for someone for
         | eighteen solid years? With 100% certainty of what they are
         | going to need unless something tragic happens.
         | 
         | Also knowing that based on the socioeconomic status whether
         | they will be pressed for time and desperate for discounts, or
         | be flush enough that they can afford to give their sprogg the
         | most expensive things they will grow out of.
        
           | Cd00d wrote:
           | I was not kidding. I guess I didn't realize they were selling
           | data _with_ PII, which is shocking. I 'm actually surprised
           | Google and Facebook were taking in other-party data that
           | wasn't aggregated, just due to the privacy and perception
           | concerns.
           | 
           | That said, it still seems like a vector that's really
           | problematic compared to gain. My personal anecdote is that my
           | kids both _only_ used Pampers Swaddlers diapers, simply
           | because that 's what the hospital gave us as we left - that
           | is what I would see as a brilliant marketing partnership for
           | P&G without risks of invasive perceptions.
        
         | core-e wrote:
         | At a minimum the last few on the mood list (depressed obsessive
         | thoughts, apathetic, very self-critical) seem like great
         | indicators of when someone might be the most receptive to
         | advertising for SSRIs.
        
         | ogre_codes wrote:
         | > I don't get why companies would pay for this sort of data.
         | 
         | Knowing when someone is pregnant or trying to get pregnant seem
         | like premium moments. Lots of money in fertility treatments and
         | related services. Lots more money in maternity products and new
         | baby products.
        
           | jschwartzi wrote:
           | Yeah you can definitely sell anything to a couple who is
           | trying to get pregnant, especially if you know they've been
           | trying for a few months without success.
        
             | ogre_codes wrote:
             | I'm sure you can successfully sell anything from coffee to
             | yoga classes that helps with fertility. Just takes the
             | right pitch and the right mark.
        
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       (page generated 2021-01-13 23:00 UTC)