Legal Momentum's Jennifer Becker joined Joe Miller for Part 2 of our series on how perpetrators use technology to engage in domestic violence.
Jennifer Becker is Deputy Legal Director and National Judicial Education Program (NJEP) Senior Attorney. At Legal Momentum, Jennifer is engaged in a range of litigation, education, and policy on issues of gender-based discrimination and violence, including efforts to strengthen state gender-based violence statutes and reauthorization of the federal Violence Against Women Act. Jennifer has presented nationally and internationally on issues related to gender equality and gender-based violence. Jennifer is engaged in NJEP’s judicial training and technical assistance efforts and has developed and presented information about sexual assault and the intersection of sexual assault and domestic violence at national and state judicial conferences and multidisciplinary conferences.
Jennifer is a former sex crimes and child abuse prosecutor, having served for seven years in the Bronx County District Attorney’s Office in Bronx, NY. During that time she handled hundreds of such cases throughout all stages of the criminal justice process. Prior to joining Legal Momentum, Jennifer was the Title IX Coordinator for the New York City public school system, a district of more than 1 million students and 135,000 employees. In that role she was responsible for overseeing gender equity compliance, including responding to and investigating sexual harassment and sexual misconduct in schools. Jennifer has developed and conducted trainings for attorneys and non-legal staff on substantive issues related to gender equity laws, discrimination, criminal law, and litigation techniques and strategies.
Jennifer is an active member of the New York City Bar Association Sex and Law Committee and co-chair of the New York County Lawyers Association Women in Law Committee. She is a graduate of CUNY Law School and Quinnipiac University.
Thermostats, Locks and Lights: Digital Tools of Domestic Abuse (N.Y. Times, June 23, 2018)
Facebook’s market value dropped $119 billion Thursday after the company released a poor quarterly report. The single-day drop was the biggest in stock market history and represented 19% of Facebook’s market cap , taking it down to $510 billion. In its quarterly report, Facebook reported usership that fell short of expectations by 20 million active daily users, and its revenue fell short of analyst estimates by some $130 million for the second quarter. And at $1.72 Facebook’s earnings per share was also two cents lower than Thompson Reuters had estimated.
Facebook and Amazon set new lobbying records for themselves in the second quarter, spending over $7 million combined on its lobbying efforts. This is according to lobbying disclosure records. Facebook spent $3.6 million to deal with the Cambridge Analytica and Russian hacking debacles. Amazon spent some $3.47 million. Google spent its fair amount on lobbying as well, coming in at $5.9 million for the second quarter alone. Ali Breland reports in Politico.
President Donald Trump met with members of the National Security Council on Friday to discuss cyber threats to the rapidly approaching midterm election. The White House released a statement that said in part, “The president has made it clear that his Administration will not tolerate foreign interference in our elections from any nation state or other malicious actors.” The statement made no specific mention of Russia.
But the president tweeted that he is concerned that Russia might help Democrats—even though Russian President Vladimir Putin stated during the infamous Helsinki Summit that he wanted Trump to be re-elected in 2020. In addition, the Daily Beast reported that Russian hackers recently attempted to access Senator Claire McCaskill’s emails as she launched her 2018 re-election bid. Senator McCaskill acknowledged the attempt, saying it was “not successful”.
House Democrats said that the White House’s effort to prevent election interference is insubstantial. They want a more robust action plan from the White House. And Politico reported that most states are unprepared for cyberattacks. Even though Congress appropriated $380 million back in March to help states replace their voting machines, Politico reports that only 14 states and DC plan to do so before he 2020 presidential election.
Over in the UK, British lawmakers are proposing that tech companies be held liable for publishing fake news on their sites.
Facebook signed a binding agreement with Washington State Attorney General Bob Ferguson last week in which the company promised not to allow advertisers to target users on the basis of race. This would include ads for housing, employment, credit, insurance and “public accommodations”. However, advertisers may not need to target race directly. They could target and exclude on the basis of race using non-racial proxies for race. Facebook could potentially still have the ability to cross-reference facial recognition data and users’ likes and dislikes to build psychometric profiles that show trends that correlate with race, which advertisers could then use without creating a paper trail.
Finally, the Justice Department is now investigating whether Sinclair, Tribune and others engaged in anticompetitive behavior that affected advertising sales rates. The Wall Street Journal reports that the DOJ is looking into whether Sinclair and Tribune coordinated in such a way as to generate higher rates for tv ad spots. The DOJ had stumbled upon potential evidence of coordination practices as it was reviewing Sinclair’s proposed $3.9 billion acquisition of Tribune, which is now in the hands of administrative law judge after the FCC voted unanimously not to approve the acquisition.
Katie Ray-Jones (@KtRayJones) is President of the National Domestic Violence Hotline and National Dating Abuse Hotline. Previously, she served as NDCH’s Director of Operations.
As a member of the National Task Force to Reauthorize the Violence Against Women Act and in her role as Hotline Director, Katie has made several visits to key congressional offices and is well known on Capitol Hill as a representative of the Hotline and Helpline. Katie has distinguished herself as a leader with prominent individuals in the national domestic violence movement and with national domestic violent groups and has represented the Hotline at several key national domestic/dating violence and gender-based violence meetings.
Katie also has extensive experience working with survivors of domestic violence. She has managed an emergency shelter, transitional and permanent housing programs, nonresidential services for survivors and their children, 24-hour hotlines, services for individuals with HIV/AIDS, housing for families who are homeless, case management programs for children who have been abused and neglected, and a therapeutic preschool for children who have witnessed violence. She has also worked at a legal clinic that provided assistance to victims of domestic violence who were seeking restraining orders and other types of legal advocacy, provided individual therapy and facilitated groups for survivors and abusers and worked for the Texas Health and Human Services Commission administering funding to family violence providers throughout the state of Texas.
Katie has a bachelor’s degree in child and family development from San Diego State University and a master’s degree in Nonprofit Management and Leadership from the University of San Diego. Katie is married and has two wonderful children, George and Maximillian.
The European Union fined Google parent Alphabet some $5 billion for allegedly using its Android operating system to direct users to Google search. Android runs on some 80% of the world’s smartphones according to the Wall Street Journal. Still, Alphabet’s second quarter earnings beat analysts’ expectations by more than $2 per share. And in after-hours trading, Google shares rose 3.9% to $1,267.
The FCC unanimously voted to send Sinclair’s proposed $3.9 billion acquisition of Tribine Media to an Administrative Law judge. The FCC found that Sinclair failed to disclose that it planned to divest Chicago’s WGN to Baltimore businessman Steven Fader, who has no broadcast experience, and who is a friend of Sinclair Executive Chairman David Smith. The FCC found the divestiture, priced at $60 million, would have been far below market value, and Sinclair would have maintained control of the station. Sinclair has since revised its plan. It now proposes to keep control of WGN, but divest stations in Houston and Dallas. Still, experts don’t expect the ALJ to approve the merger.
The Justice Department released a response plan for how it will handle election hacking and cybercrime. The report also discusses how the agency will address denial of service attacks, use existing law, such as the Computer Fraud and Abuse Act, to prosecute, and the surveillance tactics it will implement. It also discusses how the DOJ will train agents and lists the challenges the government faces.
Twitter suspended some 58 million of its user accounts in the Fourth Quarter of 2017, according to the Associated Press. Last week, the company had reported that it had suspended somewhere between 50 and 70 million users in response to Russian interference with the 2016 presidential election.
Comcast dropped its bid for 21st Century Fox, which Disney is likely to acquire for $71 billion in cash and stock. Disney and Comcast had been in a bidding war over Fox’s assets. CNBC reporter David Faber reported that Comcast’s withdrawal of its bid was, at least to some extent, provoked by the fact that the U.S. government will be appealing to the DC Circuit to reverse the court-approved merger of AT&T and Time Warner.
Netflix reported a huge miss on subscriber additions in the second quarter—they added 1 million fewer than forecast for 5.15 million subscribers. Additions of domestic subscribers fared worse than the rate of additions internationally, meeting just over half of the projected amount, or 674,000 versus the 1.23 million that analysts forecast. Earnings, though, were barely shy of expectations with $3.91 billion in revenue versus the $3.94 billion that was projected.
Congress declined to block last week the Trump administration’s plan to save Chinese device manufacturer ZTE from tough sanctions that prevented ZTE and Huawei from taking on government contracts. The sanctions were expected to all but put ZTE out of business. But the Trump administration decided to pull back on the sanctions it had initially planned. Senate Minority Leader Chuck Schumer said the failure of Congress to keep the sanctions in place was a win for Chinese President Xi Jinping and a loss for American workers and national security.
Natalie Salmanowitz (@nsalmanowitz) is a rising 3L at Harvard Law School and is originally from the San Francisco Bay Area. After studying neuroscience at Dartmouth College, she went to Duke University for a master’s degree in Bioethics and Science Policy before spending a year at Stanford Law School as a fellow in the Neuroscience and Society Program.
The Impact of Virtual Reality on Implicit Racial Bias and Mock Legal Decisions by Natalie Salmanowitz (Journal of Law and the Biosciences, 2018)
What Money Can’t Buy by Michael J. Sandel
Deputy Attorney General Rod Rosenstein announced a DC Grand Jury indictment of 12 Russians charged with hacking the Democratic National Committee (DNC) in 2016. They’re all GRU members, which is Russia’s intelligence agency. And one of the defendants is accused of hacking into state election systems themselves. Intelligence officials say Russia intended for the hacks to help Donald Trump. But during a presser following his closed-door meeting with Russian president Vladimir Putin in Helsinki on Monday, the President sided with Russia. This was met with strong rebukes from U.S. intelligence officials and Republicans.
Meanwhile, U.S. Director of National Intelligence Dan Coates warns of an imminent “crippling cyber attack on our critical infrastructure”. He names Russia as “the most aggressive foreign actor, no question.” And CNN reports that a Kremlin-linked internet company, Mail.Ru, had access to a Facebook app that collected user data without their consent.
The Republican-led Federal Communications Commission passed a new rule last week that will require consumers to pay a $225 fee to file formal complaints with the agency. Democrats were livid, with Democratic Commissioner Jessica Rosenworcel calling the rule change “bonkers”, and FCC Chairman Pai passed the rules over the objections of Democratic representatives Frank Pallone and Mike Doyle. They’re concerned the rule change will dilute the impact of informal complaints.
A new study of Purdue University, that looks at Bureau of Labor Statistics and Yelp data, has found that Airbnb’s economic benefits local economies—with one wrinkle: it’s mainly neighborhoods that are predominantly white. The study specifically looked at the spillover effect to local economies when Airbnb guests stay there by evaluating how many new jobs were created in area restaurants. Apparently, Airbnb guests are less likely to eat at restaurants surrounding Airbnbs in neighborhoods where the black or Latino population exceeds 50%, than they are in predominantly white neighborhoods.
The Trump administration lifted its ban against ZTE on Friday. The ban required U.S. companies to refrain from contracting with Chinese telecom manufacturer ZTE because U.S. intelligence officials accused ZTE of lying about how it was handling sanctions against Iran and North Korea.
Finally, The Justice Department announced that it would be appealing the DC Court of Appeals decision approving AT&T’s acquisition of Time Warner. This re-opens litigation that could have major implications for how courts and the federal government will consider vertical mergers.
Palantir and the police have joined forces in Los Angeles to crunch the city's suspect database. George Joseph joined Joe Miller to discuss what this means for local communities and individuals who are disproportionately targeted by surveillance.
George Joseph (@GeorgeJoseph94) is criminal justice reporgter at The Appeal. Formerly, he was a reporting fellow at Demos focusing on surveillance, immigration, law enforcement, and the entry of big data in criminal justice systems. His work has appeared in outlets such as The Guardian, NPR, The Atlantic, The Nation, The Verge, Slate, and CityLab.
The LAPD Has a New Surveillance Formula, Powered by Palantir by George Joseph
President Trump has nominated Brett Kavanaugh to the Supreme Court. The Washington Post’s Ann Marimow reports that even though Kavanaugh clerked for the justice he would replace—Justice Anthony Kennedy—Kavanaugh’s ideology is far to the right of Kennedy’s, and he has a broad view when it comes to presidential authority. For example, in his 12 years as a judge on the DC Circuit Court of Appeals, Kavanaugh has supported military tribunals for terrorism suspects and restructuring the consumer financial protection bureau. As far as tech is concerned, Kavanaugh issued a dissent in the case that upheld the FCC’s 2015 net neutrality rules, arguing that Congress did not provide the FCC with clear statutory authority to issue the rules. Kavanaugh needs just 50 votes to be confirmed by the Senate.
China’s Commerce Ministry on Friday accused Trump of using bullying tactics to launch “the biggest trade war in economic history”, after the White House began implementing a 25% tariff against Chinese goods, which will cost China an estimated $34 billion, according to CNN. China retaliated with another $34 billion worth of tariffs against American produce. The tech sector decries Trump’s tariffs, with ITI’s Josh Kallmer saying they would harm American consumers and businesses. Trump may have another $16 billion worth of tariffs coming against China later this month.
As if the scrutiny of Facebook couldn’t get any worse, the FBI, Securities and Exchange Commission, and Federal Trade Commission will now join the wide-ranging investigation into how it and Cambridge Analytica shared the data of 71 million Americans in 2015. The investigation is trying, among other things, to understand more about why Facebook failed to disclose its data-sharing practices.
It was also reported last week that Facebook suffered another mishap in late May and early June in which a bug caused it to temporarily unblock accounts that some 800,000 users had previously blocked. The company also came under fire for deleting a post containing references to “Indian savages”—it turns out the post was an excerpt from the Declaration of Independence—so Facebook apologized for that as well. Meanwhile, Mark Zuckerberg has surpassed Warren Buffet for the third spot on the list of the world’s richest people. Zuck is work $81.6 billion—behind Jeff Bezos and Bill Gates.
The DC Metro is susceptible to cyberattack, according to a leaked Inspector General’s report that was presented to Metro’s board of directors last month. The report cites vulnerabilities that threaten Metro’s rail traffic control systems, gas and fire sensors, the power grid, station ventilation, an voice and data communications. Martine Powers reports in the Washington Post.
Amazon is still selling Nazi paraphernalia, according to a new report by the Partnership for Working Families and the Action Center on Race & the Economy. The report listed a swastika pendant, cross burning baby onesie for girls, stickers and decals, and even music among the products. Amazon had promised last year to stop selling items featuring the Confederate flag but the company was found to have kept a lot of those products active.
Finally, Twitter deleted 70 million fake accounts and bots in May and June this year, according to the Washington Post. This would significantly reduce Twitter’s user base, but lately the social media company has been increasing its usership, which has led to more investment in the company. The Washington Post reports that Twitter has been deleting accounts at the same rate in July.
Lydia Parnes is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she is chair of the firm's privacy and cybersecurity practice. She regularly represents companies in complex regulatory investigations and provides advice on complying with federal, state, and global privacy and data protection laws.
The former director of the Bureau of Consumer Protection (BCP) at the Federal Trade Commission (FTC), Lydia is a highly regarded privacy expert. As director of the BCP, Lydia oversaw privacy and data security enforcement efforts and the development of the FTC's approach to online advertising. She testified on numerous occasions on the benefits of a uniform nationwide data breach law and the risks of legislating in the technology area.
Lydia advises companies on how to navigate global privacy and data security requirements while pursuing their business goals. She helps them develop and implement comprehensive privacy compliance programs and understand the nuances of regulation and self-regulation in the privacy arena. Lydia regularly represents clients before the FTC and other federal and state agencies.
Lydia was named a top lawyer in the cybersecurity category by Washingtonian Magazine in 2017 and 2015 and is regularly recognized in Chambers USA, Chambers Global, and The International Who's Who of Business Lawyers as among the country's top privacy and data security attorneys. In 2012, Wilson Sonsini Goodrich & Rosati was recognized by Law360 as a "top privacy and consumer protection" law firm.
Lydia speaks throughout the country on developments in data security and privacy.
Eleventh Circuit LabMD Decision Significantly Restrains FTC’s Remedial Powers in Data Security and Privacy Actions by Lydia Parnes (WSGR Blog, June 18, 2018)
The state of California has passed its own, sweeping data privacy law that’s set to go into effect in 2020. The hastily passed law signed by Governor Jerry Brown on Thursday grants Californians the right to know the what, why and how of how companies are collecting and sharing their data. The new law, while it also grants consumers the right to tell companies to delete their data, isn’t as extensive as the EU’s new Global Data Protection Regulation (GDPR), which everyone’s still trying to figure out.
DOJ approves Disney’s acquisition of 21st Century Fox
The Department of Justice has granted Disney antitrust approval to acquire 21st Century Fox’s entertainment assets for $71 billion. But Disney is going to need to divest Fox’s 22 regional sports networks within 90 days after it closes. Rival Comcast is still in the running, though. Its $65 billion bid is still on the table.
In a 700-page set of replies to the House Energy and Commerce Committee, Facebook acknowledged that it shared user data with 52 companies after it stopped doing so in 2015 with most others. The company says it has ended 38 of the 52 partnerships. Companies with which Facebook continues to share data are Apple, Amazon, Microsoft, Samsung and Alibaba. But lawmakers are obviously concerned given the ongoing fallout from the Cambridge Analytica debacle in which the company shared the data of some 87 million Facebook users which were used to help Republican candidates.
The FBI arrested a Norwalk, California man for allegedly threatening to kill Ajit Pai’s children because of the FCC’s repeal of the net neutrality rules. Thirty-three year old Markara Man, 33, allegedly sent three emails to Pai listing preschools around Arlington, Virginia, where Chairman Pai lives and threatening to kill his children back in December of 2017—months before the vote.
Remember when the National Security Agency came under fire a few years back when former contractor Ed Snowden revealed that the agency was collecting the phone records of millions of Americans? Well the NSA is deleting some 685 million of those call records for “technical irregularities”.
NSA Contractor Reality Winner takes pea bargain
Reality Winner, the former NSA contractor who leaked NSA documents last summer, has taken a plea bargain. The 26-year-old was charged with violating the Espionage Act for sharing NSA documents allegedly showing what NSA knew about how Russia penetrated the 2016 presidential election. She’ll serve 5 years and 3 months, with 3 years’ supervised release.
The Securities and Exchange Commission charged Sudhakar Reddy Bonthy with insider trading. The agency alleges that Bonthu made $75,000 from illegal trades based on confidential information about Equifax’s data breach last year which exposed the data of more than 100 million people.
The New York Attorney General’s office is investigating the effect the proposed T-Mobile-Sprint deal would have on pre-paid mobile services. Combined, the companies have 30 million paid subscribers, according to the Wall Street Journal. Prepaid plans are disproportionately the plan of choice for low-income households, a spokeswoman for New York Attorney General Barbara Underwood said.
Tinder’s parent company Match Group has moved to encrypt its users’ photos. The changes actually went into effect back in February after Senator Ron Wyden wrote a letter to Tinder asking the company to encrypt photos given the risk that hackers would have been able to capture photos and swipe data via the Tinder app.
Finally, Netflix has fired its Chief Communications officer for using the n-word during a meeting and then using it again. The company says that Jonathan Friedland used the word at least twice. In a letter, Netflix CEO Reed Hastings said the 7-year Netflix veteran used the word in a meeting about offensive speech in an inappropriate and offensive way. Friedland then used the word again with two black employees in the HR department who were tasked with dealing with the incident. Hastings wrote that he should have addressed the first incident head on, instead, he wrote “I realize that my privilege has made me intellectualize or otherwise minimize race issues like this. I need to set a better example by learning and listening more so I can be the leader we need.” According to Netflix’s 2Q18 workforce demographics report, Blacks comprise just 4% of Netflix’s workforce despite the fact that nonhispanic blacks comprise 12.1% of the U.S. population, according to the latest U.S. Census.