Senator Richard Blumenthal (D-CT) has called for "monetary penalties that provide redress for consumers and stricter oversight" in a letter to the Federal Trade Commission. Senator Blumenthal focused on the FTC's 2011 Consent Order that EPIC, and a coalition of consumer groups obtained, after preparing a detailed complaint in 2009. Referring to the Cambridge Analytica scandal, Senator Blumenthal wrote that "three of the FTC's claims concerned the misrepresentation of verification and privacy preferences of third-party apps." Senator Blumenthal also raised questions about the FTC's monitoring of the consent order, noting that "even the most rudimentary oversight would have uncovered these problematic terms of service." And the Senator stated, "The Cambridge Analytica matter also calls into question Facebook's compliance with the consent decree's requirements to respect privacy settings and protect private information." EPIC and other consumer groups recently urged the FTC to reopen the investigation. The FTC has confirmed that an investigation of Facebook is now underway.
A coalition of 14 consumer groups in Latin America has sent a letter to Facebook CEO Mark Zuckerberg, urging him to comply with the EU General Data Protection Regulation (GDPR) at a global level. The groups wrote, "The GDPR provides a solid foundation for the protection of personal data: it establishes clear responsibilities for companies that collect and process personal data and provides data subjects, Facebook users whose data your company collects and processes, with clear rights. These are protections that all users should be entitled to, regardless of where they are located." Earlier this month, the Transatlantic Consumer Dialogue (TACD), a coalition of consumer groups in North America and Europe, also sent a letter to Facebook advocating for the GDPR to be implemented as a baseline standard of data protection for all users.
In advance of a hearing on "Game Changers: Artificial Intelligence Part III, Artificial Intelligence and Public Policy," EPIC told the House Oversight Committee that Congress must implement oversight mechanisms for the use of AI by federal agencies. EPIC said that Congress should require algorithmic transparency, particularly for government systems that involve the processing of personal data. EPIC also said that Congress should amend the E-Government Act to require disclosure of the logic of algorithms that profile individuals. EPIC made similar comments to the UK Privacy Commissioner on issues facing the EU under the GDPR. A recent GAO report explored challenges with AI, including the risk that machine-learning algorithms may not comply with legal requirements or ethical norms. EPIC has pursued several criminal justice FOIA cases, and FTC consumer complaints to promote transparency and accountability. In 2015, EPIC launched an international campaign for Algorithmic Transparency.
