Today, @Justechne and I discuss on the Brazilian edition of @TechReview what the recent updates in WhatsApp #Privacy policy mean.
In short, it can transform #dataprotection into a luxury for 2 billion people.
Article in
Portuguese, key takeaways below
https://mittechreview.com.br/novas-regras-de-facebook-e-whatsapp-a-protecao-de-dados-se-torna-um-luxo-para-2-bilhoes-de-pessoas/
In short, it can transform #dataprotection into a luxury for 2 billion people.
Article in


1/ Before backpedaling and postponing the entry in force of the updated policy until May 15, #WhatsApp announced that anyone who did not accept the new contractual rules would have their account suspended. The stance sparked a real exodus of users towards #Signal & #Telegram...
2/ Users are concerned about the privacy of their #personaldata. The migration mainly benefited Signal, which has the same functionality as WhatsApp, but is managed by a non-profit organization, collects almost zero data and considers #privacy as a priority.
3/ However, it seems increasingly evident that only the most privileged individuals will be able to migrate to @signalapp and that the vast majority of users will only be able to accept the rules imposed by the new (private) cyber regulators.
Why isnât it so easy to switch?
Why isnât it so easy to switch?
4/ First letâs focus on the #privacypolicy update and then letâs see why the enormous majority of people cannot âvote with their feetâ and easily leave #Whatsapp or #Facebook...
5/ IMPORTANT 1: it is not the first time that #WhatsApp has changed its #privacypolicy to facilitate data sharing with its âparent companyâ, #Facebook: the first time was in 2016. It was subsequently sanctioned by the EU commission for providing misleading information because...
6/ ....when FB acquired WhatsApp they guaranteed they would not share data (santion 110 M Euro) https://ec.europa.eu/commission/presscorner/detail/en/IP_17_1369
The Italian #consumerprotection authority also sanctioned FB (3 M Euro) for the deceptive way the update was communicated to cusers.. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2990939
The Italian #consumerprotection authority also sanctioned FB (3 M Euro) for the deceptive way the update was communicated to cusers.. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2990939
7/ Needless to say, these amounts
are PEANUTS for a company whose annual turnover is currently 80 billion USD and was already passing 40 B when sanctions arrived in 2017.
So the dissuasion power of the sanctions we have is very limited (almost an invitation to do what you want)

So the dissuasion power of the sanctions we have is very limited (almost an invitation to do what you want)
8/ IMPORTANT 2: The new #privacy policy confirms that #Facebook can access a wide range of #personaldata for each WhatsApp user - such as phone number, IP address, etc - as well as *metadata*. Why #metadata matter?
Suspense....
https://www.whatsapp.com/legal/privacy-policy
Suspense....
https://www.whatsapp.com/legal/privacy-policy
9/ Metadata is technical info about other data, e.g. which users you chat with and how often, which groups you are a member of, etc. and can eveal V #sensitive info: e.g. you interact daily with groups of a given #political party or #LGBT discussion group, or #covid19 patients...
10/ So, to avoid that FB combine the info it has on you with your #WhatsApp data you simply have to download #Signal and say goodbye to the other two, right?
Not really⊠Why?
Suspense...
Not really⊠Why?
Suspense...
11/ Because in almost ALL low-income countries, only dominant #socialnetworking apps (read: FB, WA and few others) are sponsored for âfreeâ (read: in exchange of #personaldata) to users who cannot afford expensive #InternetAccess fees.
So WA & FB are the only "free" apps
So WA & FB are the only "free" apps
12/ Low-income users that use prepaid plans (around 74% of
users) have V low data allowance and âenjoyâ unlimited access to sponsored apps (via #zerorating). Now, guess which are the only two apps sponsored in 98 out of 100 countries we mapped in 2018? https://public.tableau.com/profile/zeroratingcts#!/vizhome/zeroratinginfo/Painel1

13/ while you are guessing which apps have been typically zerorated over the past years, let me give you a clueâŠ
14/ So, even if those millions (I would argue billions) low-income users wanted to migrate to #Signal or #Telegram, they could NOT because they cannot afford to pay #access fees to use apps that better protects their #privacy, and their are stuck with âfreeâ access to WA and FB.
15/ I wrote exactly about this phenomenon and its consequences in my article on #NetNeutrality
Zero Rating and the #Minitelisation of the Internet 4 years ago https://zerorating.files.wordpress.com/2019/12/net_neutrality_zero-rating_the_minitelisation_of_the_internet_final.pdf
The #ECJ adopted a similar reasoning in its this Judgment http://curia.europa.eu/juris/document/document.jsf;jsessionid=D5282354ACE2B59040091B7300D42D9E?text=&docid=231042&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=9534707

The #ECJ adopted a similar reasoning in its this Judgment http://curia.europa.eu/juris/document/document.jsf;jsessionid=D5282354ACE2B59040091B7300D42D9E?text=&docid=231042&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=9534707
16/ In this @openDemocracy essay, I also explained why #zerorating is utilised to implement #techgiantâs Scramble for Data (read #digitalcolonialism aimed at hoovering #personaldata) in low income countries, and why #communitynetworks can help revert this https://www.opendemocracy.net/en/scramble-for-data-and-need-for-network-self-determination/
17/ For the records: #India banned #zerorating in 2016, precisely because it understood that allowing these practices would undermine not only #competition, #innovation and #dataprotection but also national sovereignty. Remember #Prism?
#digitalsovereignty https://cyberbrics.info/net-neutrality-in-india-ensuring-openness-amidst-the-crisis/
#digitalsovereignty https://cyberbrics.info/net-neutrality-in-india-ensuring-openness-amidst-the-crisis/
18/ The French regulator @Arcep was also very receptive (thanks @SorianoTech!), understanding the risks of some #zerorating practices and included a section on #zerorating and #Minitelisation, in its annual report on the State of the #Internet, in 2018 https://archives.arcep.fr/uploads/tx_gspublication/report-state-internet-2018_conf050618-ENG.pdf
19/ I warned that these negative externalities would have happened in #Brazil in 2017, when the Brazilian antitrust regulator #CADE stated that #zerorating dominant apps was âcompatible with #netneutrality
â but I have not been heard... http://www.omci.org.br/jurisprudencia/207/neutralidade-de-rede-e-ordem-economica/

20/ So, to conclude: the #privacy policy update matters A LOT for the protection of 2 billion individualsâ #personaldata and for #competition in hundreds of countries.
BUT, in many of these countries #dataprotecion and competition laws and authorities already exist!
BUT, in many of these countries #dataprotecion and competition laws and authorities already exist!
FIN/
People must be able to enjoy their #rights and switch to a better product.
The regulation of #privacy cannot depend solely on appsâ terms of use.
If we do not start asserting our rights, #dataprotection will become a luxury.
Happy 2021!
People must be able to enjoy their #rights and switch to a better product.
The regulation of #privacy cannot depend solely on appsâ terms of use.
If we do not start asserting our rights, #dataprotection will become a luxury.
Happy 2021!