[NFBMT] FW: [tech-vi Announce List] FTC, Commercial Surveillance, and Overlays
d m gina
dmgina at mysero.net
Sun Aug 14 20:51:19 UTC 2022
Thanks so much for sharing.
My question is this,
I keep getting calls where folks no my name,
that scares me.
If I understood what I read,
it would be better if I didn't order on line except threw amazon?
Just a question.
Dar
Original message:
> FYI, based on our discussion on Friday.
> Best
> George
> From: tech-vi at groups.io <tech-vi at groups.io> On Behalf Of David Goldfield
> Sent: Sunday, August 14, 2022 1:07 PM
> To: List <tech-vi at groups.io>
> Subject: [tech-vi Announce List] FTC, Commercial Surveillance, and Overlays
> Adrian Roselli - Friday, August 12, 2022 at 3:33 PM
> FTC, Commercial Surveillance, and Overlays
> August 12, 2022; 0 Comments
> <https://adrianroselli.com/2022/08/ftc-commercial-surveillance-and-overlays.html#Comments>
> <https://adrianroselli.com/wp-content/uploads/2022/08/FTC-seal.svg>
> The U.S. Federal Trade Commission on August 11, 2022 announced it is
> exploring rules cracking down on commercial surveillance and lax data
> security practices
> <https://www.ftc.gov/news-events/news/press-releases/2022/08/ftc-explores-rules-cracking-down-commercial-surveillance-lax-data-security-practices>
> . The sub-heading of that press release plainly states it is seeking
> public comment on harms from the business of collecting, analyzing, and
> monetizing information about people.
> Major companies have regularly been in the news for gathering and
> selling user information
> <https://www.cbsnews.com/news/the-data-brokers-selling-your-personal-information/>
> , and in more than a few cases data breaches of that user information
> <https://en.wikipedia.org/wiki/List_of_data_breaches> , never mind
> unintended consequences
> <https://www.nytimes.com/2012/02/19/magazine/shopping-habits.html> of
> using that information. Sometimes that data gathering is clearly
> covered by the Terms of Use that its users must agree to in order to
> use the service. Sometimes not
> <https://thenextweb.com/news/users-facebook-confusing> .
> Where Accessibility Overlays Come In
> An accessibility overlay refers to technologies meant to improve the
> accessibility of a web site. This is usually done by referencing code
> from another site, which the user’s browser retrieves and applies to
> the current page on each visit. In an ideal scenario, this makes the
> page more accessible and means a user does not need to ask for help
> (itself a privacy risk).
> Accessibility overlays are in a unique position because they gather
> more non-HIPAA health data
> <https://news.bloomberglaw.com/health-law-and-business/insight-the-top-five-health-care-privacy-issues-to-watch-in-2020#:~:text=Non%2DHIPAA%20Health%20Data>
> than the typical web site. They are generally marketed to site owners
> as a legal risk mitigation solution, not a vehicle for users to
> disclose their disabilities.
>
> <https://adrianroselli.com/wp-content/uploads/2022/08/FTC-ANPR_accessiBe-profiles.png>
> An overlay asks the user to disclose their disability.
> Asking users to self-identify is built into accessibility overlay
> interfaces. They prompt users if they are using a screen reader, have
> dyslexia, or match pre-defined profiles such as ADHD, vision impaired,
> prone to seizures, and so on. In some cases, the overlay makes a guess
> based on how the user interacts with the page.
> Unlike a user of a social media service, who agrees to the platform’s
> Terms of Service before accessing it, a user who visits a web site with
> an accessibility overlay has no opportunity to decline the service
> before it starts to gather information about them. Many users may not
> even recognize that the overlay has Terms that are distinct from the
> site they are visiting, governed under laws from a different locality.
> Assuming the site has its own Terms.
> [W]e find that 99.98% of Americans would be correctly re-identified in
> any dataset using 15 demographic attributes. Our results suggest that
> even heavily sampled anonymized datasets are unlikely to satisfy the
> modern standards for anonymization…
> Estimating the success of re-identifications in incomplete datasets
> using generative models
> <https://www.nature.com/articles/s41467-019-10933-3> , 23 July 2019, Nature
> As profiles or settings follow overlay users across sites, more
> information is gathered about their surfing habits. That information
> can be paired with the non-HIPAA health data the overlay vendor is
> capturing, with no clear way to opt out.
> This means accessibility overlay vendors are stewards of a great deal
> of personal information from users. Users who may not understand they
> have given up that information. Information that can be valuable to
> data brokers. Even if the best actors in the space have a good privacy
> policy, that privacy policy is moot in the face of a data breach.
> Anonymizing this non-HIPAA health data gathered from users is
> insufficient because de-anonymizing it is trivial — 99.98% of users can
> be identified with only 15 data points.
> The risk, real or perceived, to users is compounded by the historic
> behavior of the current overlay vendors. Disabled users have repeatedly
> raised concerns
> <https://www.vice.com/en/article/m7az74/people-with-disabilities-say-this-ai-tool-is-making-the-web-worse-for-them>
> about the validity of overlays
> <https://www.nbcnews.com/tech/innovation/blind-people-advocates-slam-company-claiming-make-websites-ada-compliant-n1266720>
> , relationship with the community
> <https://www.numerama.com/politique/759804-faciliti-la-solution-pour-linclusion-en-ligne-qui-refuse-la-critique.html>
> , marketing promises
> <https://www.wired.com/story/company-tapped-ai-website-landed-court/> ,
> and overall effectiveness
> <https://www.nytimes.com/2022/07/13/technology/ai-web-accessibility.html?unlocked_article_code=AAAAAAAAAAAAAAAACEIPuomT1JKd6J17Vw1cRCfTTMQmqxCdw_PIxftm3iWka3DKDm8ZiPgYCIiG_EPKarskbtp2wDmRAdZKO7I0X_14z-teI10rSxWtptHMvqU5FBgPiND5WHIqjdWKVKok8DTuYy7peepzneO07lfZOzO-RKCJ0yE-d1k18Y9vfA753nwJz_zAE-Rly5Ipi6dac5N5RjgAYyGLuvP6WV4paJjdMEaqukRhUPpZWDrTgdeZ97oBFQ1SAl7MR3p7in0uvJIeYJhEefaicGNzPZb2kr4TCWd3LYa2B5ZXR4Pck7RisLGlugXZjNRJGDCbYdUTTQ5ATpvV&smid=url-share>
> , to the point the National Federation of the Blind disavowed them
> <https://www.forbes.com/sites/gusalexiou/2021/06/26/largest-us-blind-advocacy-group-bans-web-accessibility-overlay-giant-accessibe/>
> . One never responded to a DPIA request under GDPR
> <https://tink.uk/accessibe-and-data-protection/> from a British user.
> 700+ digital accessibility practitioners, experts, end users,
> researchers, and more have signed an open letter
> <https://overlayfactsheet.com/> imploring companies not to use
> overlays. There is a site dedicated to cataloguing the false marketing
> claims <https://overlayfalseclaims.com/> of overlay companies.
> Many tech-savvy disabled users genuinely do not trust accessibility
> overlay vendors. Users who understand them are constantly wary they may
> visit a site where an overlay is installed, potentially matching up any
> information on file with browsing patterns, and making their disability
> status available to anyone willing to pay.
> What to Do
> Read through the Commercial Surveillance and Data Security Rulemaking
> <https://www.ftc.gov/legal-library/browse/federal-register-notices/commercial-surveillance-data-security-rulemaking>
> , where fact sheets, a plain text version, and a Spanish language
> version are also available.
> FTC’s Advance Notice of Proposed Rulemaking (ANPR) will soon open for
> public comment on the harms stemming from commercial surveillance and
> whether new rules are needed to protect people’s privacy and information.
> If you want to share comments publicly
> <https://www.regulations.gov/search?agencyIds=FTC&sortBy=commentEndDate&sortDirection=desc&withinCommentPeriod>
> , you will have 60 days from the date of publish in the Federal
> Register (it is not yet posted at the time of this writing).
> You can also share your input during a virtual public form on September
> 8
> <https://www.ftc.gov/news-events/events/2022/09/commercial-surveillance-data-security-anpr-public-forum>
> , 2022 at 2:00pm ET. Sign up by August 31
> <https://www.ftc.gov/form/anpr-registration> , 2022 at 8:00pm ET.
> The Commercial Surveillance and Data Security Rulemaking sections on
> “Automated Systems”, “Discrimination”, and “Consumer Consent” offer
> some sample questions users can answer.
> Here is one from “Automated Systems”:
> Does the weight that companies give to the outputs of automated
> decision-making systems overstate their reliability? If so, does that
> have the potential to lead to greater consumer harm when there are
> algorithmic errors?
> Here a question from “Discrimination” (disability is a protected
> category, though not listed in the sample question):
> How prevalent is algorithmic discrimination based on protected
> categories such as race, sex, and age? Is such discrimination more
> pronounced in some sectors than others? If so, which ones?
> And from “Consumer Consent”:
> Should the Commission require different consent standards for different
> consumer groups (e.g., parents of teenagers (as opposed to parents of
> pre-teens), elderly individuals, individuals in crisis or otherwise
> especially vulnerable to deception)?
> I encourage you to provide your own feedback however you see fit and
> based on your own experiences.
> While there was some hope proposed bill S.3620 – Health Data Use and
> Privacy Commission Act
> <https://www.congress.gov/bill/117th-congress/senate-bill/3620> might
> start to offer some protection for users, there has been no movement in
> months. This FTC effort is the next best bet. If you have been affected
> by overlays, now is a good opportunity to say so.
> License
> The content is licensed under Creative Commons Attribution-ShareAlike
> 4.0 International (CC BY-SA 4.0
> <https://creativecommons.org/licenses/by-sa/4.0/> ). I am doing this in
> case you want to excerpt it for your own comments.
> Tags
> accessibility <https://adrianroselli.com/tag/accessibility> , law
> <https://adrianroselli.com/tag/law> , overlay
> <https://adrianroselli.com/tag/overlay>
> Other Posts
> Earlier post:
> <https://adrianroselli.com/2022/08/brief-note-on-calendar-tables.html>
> Brief Note on Calendar Tables
> https://adrianroselli.com/2022/08/ftc-commercial-surveillance-and-overlays.html
> David Goldfield
> Assistive Technology Specialist
> Feel free to visit my Web site
> WWW.DavidGoldfield.info <http://WWW.DavidGoldfield.info>
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