Facebook’s Civil Rights Audit
without breaking end-to-end encryption and other efforts to facilitate increased reporting from users of harmful
behavior/content communicated on encrypted messaging systems.
More specifically, Facebook states that it is using data from behavioral signals and user reports to build and train
machine-learning models to identify account activity associated with specific harms such as child exploitation,
impersonation, and financial scams. When these potentially harmful accounts interact with other users, a notice will
surface to educate users on how to spot suspicious behavior and avoid unwanted or potentially harmful interactions
so that wrongdoers can be detected and people can be protected even without breaking end-to-end encryption. In
addition, Facebook reports that it is improving its reporting options to make them more easily accessible to users by,
for example, inserting prompts asking users if they want to report a person or content.
Regardless of whether the content is end-to-end encrypted, Facebook permits users to report content that’s harmful
or violates Facebook’s policies, and, in doing so, provide Facebook with the content of the messages. In other words,
end-to-end encryption means that Facebook cannot proactively access message content on its own, but users are still
permitted to voluntarily provide Facebook with encrypted content. This allows Facebook to continue to review and
determine whether it is violating and then impose penalties and/or report the matter to law enforcement, if necessary.
F. COVID-19 Tracing
In an effort to track the spread of COVID-19 and warn those who may have been exposed, contact tracing has
been increasingly advanced as an important tool for containing the virus. Given the amount of data Facebook has
and the number of Facebook users, some have called for Facebook to directly participate in contact tracing efforts.
Others, however, have expressed concern that sharing information about the locations or contacts of those who have
contracted the virus would be an unacceptable invasion of privacy.
Facebook has not participated in the development of contact tracing apps, but has received requests from
government and private entities asking Facebook to promote contact tracing apps on Facebook through ad credits
or News Feed notifications to users. Facebook states that it has not granted any such requests. If it were to do so,
the apps would need to undergo a privacy review. Facebook has, however, promoted voluntary surveys conducted
by third-party academic research institutions to track and study COVID-19 through users self-reported symptoms.
(The research institutions do not share any individual survey responses with Facebook and Facebook does not share
individual user information with the research institutions.)
Through its Data for Good initiative, Facebook also makes aggregate data available to researchers to assist them
in responding to humanitarian crises, including things like the COVID-19 pandemic. Facebook has released to
researchers (and the public) mobility data comparing how much people are moving around now versus before social
distancing measures were put in place, and indicating what percentage of people appear to stay within a small area
for the entire day. Only users who have opted in to providing Facebook with their location history and background
location collection are included in the data set and the data shared is only shared on an aggregate level. Facebook
asserts it has applied a special privacy protocol to protect people’s privacy in mobility datasets shared publicly and
ensure that aggregated data cannot be disaggregated to reveal individual information .
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