Facebook’s Civil Rights Audit Facebook asserts that it began testing those algorithms for accuracy when applied to different skin tones starting in 2018. As a result of those tests, Facebook made adjustments to its algorithms in an effort to make them more accurate and inclusive. Facebook’s testing of its facial recognition algorithms is in line with its new Inclusive AI initiative (announced in 2019 and described more fully in the Algorithmic Bias Chapter), through which the company is adopting guidelines to help ensure that the teams developing algorithms are using inclusive datasets and measuring accuracy across different dimensions and subgroups. D. Data Scraping In the past few years (including in the wake of the Cambridge Analytica scandal) civil rights and privacy advocates have become increasingly concerned with data scraping (using technology to extract data from apps, websites, or online platforms without permission). Since 2004, Facebook has prohibited data scraping and other efforts to collect or access data using automated technology from Facebook products or tools without prior permission from Facebook. Facebook reports that in recent years it has continued to enhance its enforcement against scraping, including creating a team in 2019 that is dedicated to both proactively detecting (and preventing) scraping and conducting investigations in response to allegations of scraping. According to Facebook, it enforces its no-scraping policy through various means, including barring violators from using Facebook, cease and desist letters, and in some cases litigation. Last year, for example, Facebook sued two developers based in Ukraine who operated malicious software designed to scrape data from Facebook and other social networking sites. Recently, Facebook filed lawsuits against unauthorized automated activity — specifically data scraping and building software to distribute fake likes and comments on Instagram. E. End-to-End Encryption End-to-end encryption is a system in which messages or communications between users are encrypted throughout the communication process such that the entity providing the communication service (such as WhatsApp or Messenger) cannot access or review the content of the messages. Advocates for such encryption maintain that it protects user privacy and security by ensuring that their private messages cannot be surveilled or accessed by third parties, whether those be government entities, criminal hackers, advertisers, or private companies. These protections against access can be critical for whistleblowers, protest organizers, individuals subject to government surveillance or suppressive regimes, public figures subject to targeted hacking, those who handle sensitive information, and many others. However, critics of end-to-end encryption have expressed concern that it may make it harder to identify and take action against individuals whose communications violate laws or Facebook policies, such as those running financial scams or seeking to harm or exploit children. Although WhatsApp is already end-to-end encrypted and Messenger offers an opt-in end-to-end encrypted service, Facebook announced in 2019 that it plans to make its communication services, namely Messenger and Instagram Direct, fully end-to-end encrypted by default. To address concerns about shielding bad actors, Facebook indicates that alongside encryption, it is investing in new features that use advanced technology to help keep people safe 87

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