2025-W21 nyob vs Meta, Google with 1.3 Billion Settlement and Deepfakes law episode artwork

EPISODE · May 22, 2025 · 10 MIN

2025-W21 nyob vs Meta, Google with 1.3 Billion Settlement and Deepfakes law

from Privacy Navigator: Weekly Insights on Privacy, AI, and Compliance · host Elislav Atanasov

AI Training & Privacy: nyob vs MetaPrivacy advocacy group noyb (none of your business) has issued a "cease and desist" letter to Meta's Irish headquarters, threatening a class action lawsuit if the tech giant proceeds with its plan to train its AI models using EU user data without explicit opt-in consent.Meta's intention, set for May 27, 2025, is to use public data shared by adults across Facebook and Instagram for AI training, relying on an alleged "legitimate interest" under GDPR.Noyb argues that this "opt-out" approach is a clear violation of GDPR, which generally requires explicit consent for such extensive data processing, especially for AI training. They highlight that even if a small percentage of users opt-in, it would still provide Meta with vast amounts of data to learn EU languages and cultural references.Max Schrems, noyb's founder, stated that Meta's claim of "legitimate interest" is "neither legal nor necessary" and "laughable." This isn't the first time Meta has faced scrutiny over its reliance on "legitimate interest," as they were previously forced to shift to a consent-based approach for targeted advertising in the EU in 2023.Noyb also raises concerns about Meta's ability to technically differentiate between users who opt-out and those who don't, and the lack of clarity or approval from national data protection authorities. Texas vs. Google: A $1.375 Billion Privacy WinTexas Attorney General Ken Paxton announced a landmark $1.375 billion settlement with Google, resolving lawsuits alleging that Google illegally tracked and collected Texans' personal data without their consent. This record-breaking settlement is the largest ever secured by a state attorney general against Google for data privacy violations.The lawsuit, filed in 2022, accused Google of secretly tracking users' movements, private searches, and even voiceprints and facial geometry through its products and services. Paxton emphasized that "Big Tech is not above the law" and that the settlement sends a clear message that companies will be held accountable for abusing public trust. Google stated that the agreement settles various "old claims" related to product policies they have already changed and does not require any additional product changes.While a $1.375 billion settlement sounds substantial, it's crucial to look beyond the headline. Google, as is common in such settlements, admitted no wrongdoing. This allows them to avoid setting a legal precedent that could have wider implications. The fact that Google claims it doesn't need to make "any additional product changes" is also telling.This suggests that the financial penalty, while large, might be more of a cost of doing business rather than a catalyst for fundamental shifts in data collection practices.The "Take It Down Act" Signed into Law: A New Era for Deepfake RegulationPresident Trump recently signed the "Take It Down Act" (officially, the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act") into law. Championed by Melania Trump, this bipartisan bill addresses the non-consensual online publication of intimate visual depictions, explicitly covering AI deepfakes.Key provisions include:Prohibition & Penalties: Criminalizes the non-consensual online publication of intimate visual depictions (both authentic and computer-generated, termed "digital forgeries") with mandatory restitution and criminal penalties (prison, fine, or both). Threats to publish such depictions are also prohibitedPlatform Responsibilities: Requires "covered platforms" (public websites, online services, or applications primarily providing a forum for user-generated content) to establish a process for individuals to report and request removal of such content. Platforms must remove the content within 48 hours of notification.Learn more at https://conformally.com/privacy-navigator

AI Training & Privacy: nyob vs MetaPrivacy advocacy group noyb (none of your business) has issued a "cease and desist" letter to Meta's Irish headquarters, threatening a class action lawsuit if the tech giant proceeds with its plan to train its AI models using EU user data without explicit opt-in consent.Meta's intention, set for May 27, 2025, is to use public data shared by adults across Facebook and Instagram for AI training, relying on an alleged "legitimate interest" under GDPR.Noyb argues that this "opt-out" approach is a clear violation of GDPR, which generally requires explicit consent for such extensive data processing, especially for AI training. They highlight that even if a small percentage of users opt-in, it would still provide Meta with vast amounts of data to learn EU languages and cultural references.Max Schrems, noyb's founder, stated that Meta's claim of "legitimate interest" is "neither legal nor necessary" and "laughable." This isn't the first time Meta has faced scrutiny over its reliance on "legitimate interest," as they were previously forced to shift to a consent-based approach for targeted advertising in the EU in 2023.Noyb also raises concerns about Meta's ability to technically differentiate between users who opt-out and those who don't, and the lack of clarity or approval from national data protection authorities. Texas vs. Google: A $1.375 Billion Privacy WinTexas Attorney General Ken Paxton announced a landmark $1.375 billion settlement with Google, resolving lawsuits alleging that Google illegally tracked and collected Texans' personal data without their consent. This record-breaking settlement is the largest ever secured by a state attorney general against Google for data privacy violations.The lawsuit, filed in 2022, accused Google of secretly tracking users' movements, private searches, and even voiceprints and facial geometry through its products and services. Paxton emphasized that "Big Tech is not above the law" and that the settlement sends a clear message that companies will be held accountable for abusing public trust. Google stated that the agreement settles various "old claims" related to product policies they have already changed and does not require any additional product changes.While a $1.375 billion settlement sounds substantial, it's crucial to look beyond the headline. Google, as is common in such settlements, admitted no wrongdoing. This allows them to avoid setting a legal precedent that could have wider implications. The fact that Google claims it doesn't need to make "any additional product changes" is also telling.This suggests that the financial penalty, while large, might be more of a cost of doing business rather than a catalyst for fundamental shifts in data collection practices.The "Take It Down Act" Signed into Law: A New Era for Deepfake RegulationPresident Trump recently signed the "Take It Down Act" (officially, the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act") into law. Championed by Melania Trump, this bipartisan bill addresses the non-consensual online publication of intimate visual depictions, explicitly covering AI deepfakes.Key provisions include:Prohibition & Penalties: Criminalizes the non-consensual online publication of intimate visual depictions (both authentic and computer-generated, termed "digital forgeries") with mandatory restitution and criminal penalties (prison, fine, or both). Threats to publish such depictions are also prohibitedPlatform Responsibilities: Requires "covered platforms" (public websites, online services, or applications primarily providing a forum for user-generated content) to establish a process for individuals to report and request removal of such content. Platforms must remove the content within 48 hours of notification.Learn more at https://conformally.com/privacy-navigator

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2025-W21 nyob vs Meta, Google with 1.3 Billion Settlement and Deepfakes law

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This episode was published on May 22, 2025.

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AI Training & Privacy: nyob vs MetaPrivacy advocacy group noyb (none of your business) has issued a "cease and desist" letter to Meta's Irish headquarters, threatening a class action lawsuit if the tech giant proceeds with its plan to train its AI...

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