Facebook’s Anticompetitive Lean in Strategies

Facebook is under fire on several fronts and with good reason. Regulators strive to make sense of and address a plethora of seemingly unrelated issues that arise from the operation of its platform. These range from antitrust, privacy violations, dissemination of harmful content and speech, deception and polarisation to political manipulation. This paper identifies Facebook’s unrestricted and excessive data collection as a unifying theme that requires immediate antitrust action. Once a privacy-oriented social network, Facebook soon mutated into a surveillance machine designed to hoover people’s personal data to identify and understand people’s interests, preferences and emotions and turn that knowledge into profit through the sale of targeted ads. Since people’s innate preference for privacy stood in the way of Facebook’s growth, Facebook resorted to privacy intrusions and deception to access as much user data as possible, thereby gaining market power. Currently, its overwhelming dominant position in the social media market means that no matter how much data Facebook extracts from users, how transparent its information about its data processing practices is and how many privacy scandals ensue from its reckless handling of data, users have nowhere else to go. This paper provides a course of action to correct this unacceptable anticompetitive outcome. The imposition of unfair commercial terms on consumers, the distortion of the competitive process through privacy violations and misleading practices, the squeezing of news publishers’ traffic and foreclosure of actual and potential competitors by Facebook, can be stopped. A combination of data and consumer protection measures alone cannot stop Facebook’s actions, but antitrust enforcement can be used to curb Facebook’s ability to reinforce its data-driven abuse of its market power

Using the blockchain to enable transparent and auditable processing of personal data in cloud- based services: Lessons from the Privacy-Aware Cloud Ecosystems (PACE) project

The architecture of cloud-based services is typically opaque and intricate. As a result, data subjects cannot exercise adequate control over their personal data, and overwhelmed data protection authorities must spend their limited resources in costly forensic efforts to ascertain instances of non-compliance. To address these data protection challenges, a group of computer scientists and socio-legal scholars joined forces in the Privacy-Aware Cloud Ecosystems (PACE) project to design a blockchain-based privacy-enhancing technology (PET). This article presents the fruits of this collaboration, highlighting the capabilities and limits of our PET, as well as the challenges we encountered during our interdisciplinary endeavour. In particular, we explore the barriers to interdisciplinary collaboration between law and computer science that we faced, and how these two fields’ different expectations as to what technology can do for data protection law compliance had an impact on the project's development and outcome. We also explore the overstated promises of techno-regulation, and the practical and legal challenges that militate against the implementation of our PET: most industry players have no incentive to deploy it, the transaction costs of running it make it prohibitively expensive, and there are significant clashes between the blockchain's decentralised architecture and GDPR's requirements that hinder its deployability. We share the insights and lessons we learned from our efforts to overcome these challenges, hoping to inform other interdisciplinary projects that are increasingly important to shape a data ecosystem that promotes the protection of our personal data

Facebook's exploitative and exclusionary abuses in the two-sided market for social networks and display advertising

The German Facebook case has directly addressed the contentious interplay between data protection and competition law for the first time. The Bundeskartellamt’s theory of harm, which directly linked privacy violations to the strengthening of Facebook’s market power, proved controversial: it elicited strong criticism from the appeals court, but then was partially endorsed by the Bundesgerichtshof (German Federal Supreme Court). This article shows that an enforcement action against Facebook under Article 102 TFEU need not be controversial. We present empirical evidence confirming that Facebook’s ‘envelopment by privacy policy tying’ strategy exploits consumers, as it causes clear consumer harm on the market for social networks in the form of lack of choice and degradation of quality. In turn, such consumer harm on the ‘free’ side leads to a weakening of the competitive market structure and foreclosure of competitors on the ‘paid’ market for display advertising and other adjacent markets. This strategy falls neatly within the scope of Article 102 TFEU, irrespective of whether it also violates EU data protection law. In addition, the enveloping by privacy policy tying forms part of an overall anti-competitive strategy over which the Commission can assert jurisdiction and prosecute as a single and continuous infringement

Guillain-Barré Syndrome Outbreak in Peru 2019 Associated With Campylobacter jejuni Infection

OBJECTIVE: To identify the clinical phenotypes and infectious triggers in the 2019 Peruvian Guillain-Barré syndrome (GBS) outbreak. METHODS: We prospectively collected clinical and neurophysiologic data of patients with GBS admitted to a tertiary hospital in Lima, Peru, between May and August 2019. Molecular, immunologic, and microbiological methods were used to identify causative infectious agents. Sera from 41 controls were compared with cases for antibodies to Campylobacter jejuni and gangliosides. Genomic analysis was performed on 4 C jejuni isolates. RESULTS: The 49 included patients had a median age of 44 years (interquartile range [IQR] 30-54 years), and 28 (57%) were male. Thirty-two (65%) had symptoms of a preceding infection: 24 (49%) diarrhea and 13 (27%) upper respiratory tract infection. The median time between infectious to neurologic symptoms was 3 days (IQR 2-9 days). Eighty percent had a pure motor form of GBS, 21 (43%) had the axonal electrophysiologic subtype, and 18% the demyelinating subtype. Evidence of recent C jejuni infection was found in 28/43 (65%). No evidence of recent arbovirus infection was found. Twenty-three cases vs 11 controls (OR 3.3, confidence interval [CI] 95% 1.2-9.2, p < 0.01) had IgM and/or IgA antibodies against C jejuni. Anti-GM1:phosphatidylserine and/or anti-GT1a:GM1 heteromeric complex antibodies were strongly positive in cases (92.9% sensitivity and 68.3% specificity). Genomic analysis showed that the C jejuni strains were closely related and had the Asn51 polymorphism at cstII gene. CONCLUSIONS: Our study indicates that the 2019 Peruvian GBS outbreak was associated with C jejuni infection and that the C jejuni strains linked to GBS circulate widely in different parts of the world