A Flurry of Privacy Bills, FLoC Flies Away, and a Smart Assistant’s Long Memory

Congratulations on making it through the first month of 2022! As we prepare to enter the second month of the year, let’s take a few moments to catch up on a few news items in the privacy world.

A Flurry of State Data Privacy Bills

State legislators wasted no time introducing the latest round of data privacy bills at the start of the legislative year. Some states are reviving previously introduced bills with the hopes of pushing them through in the new session, while other states are finally joining the bandwagon and introducing comprehensive data privacy laws for the first time since the rush for state data privacy laws began several years ago.

Out of all the states introducing bills this legislative session, all eyes are on LDH’s home state, Washington State. The Washington Privacy Act, which failed to pass multiple times in previous legislative years, is back. However, there are currently two other competing comprehensive data privacy bills. The first bill, the People’s Privacy Act, deviates from WPA in several key places, including stricter requirements around data collection and processing (e.g., requiring covered entities to obtain opt-in consent for processing personal data), biometric data handling, and a private right of action. The second bill, the Washington Foundational Data Privacy Act, is a new bill that brings the idea of creating a new governmental commission, something that the two other bills lack. Each bill has its strengths and weaknesses concerning data privacy. Nevertheless, if Washington manages to pass one of these bills – or a completely different bill that is still yet to be introduced – the passed data privacy bill will influence other states’ efforts in passing their privacy bills.

FLoC Flew Away

Rejoice, for FLoC is no more! We previously covered Google’s attempt to replace cookies and the many privacy issues with this attempt. The pushback from the public and organizations has finally led Google to rethink its approach. It also didn’t help that major web browsers, which were supposed to play a critical role in FLoC, refused to play along.

Google didn’t completely abandon the effort to replace cookies, nevertheless. Google announced a new proposal, Topics, as an attempt to create a less privacy-invasive alternative to cookies. It’s still early to tell if this FLoC alternative is truly any better than FLoC, but initial reports seem to suggest that the Topics API is an improvement. However, we did notice that some of these reports mention that users would be primarily responsible for understanding and choosing the level of tracking in browser settings. Ultimately, we are still dealing with businesses pushing tracking user activity by default.

Smart Assistants Have Long Memories

Have you requested a copy of your personal data yet? Even if you are not a resident of the EU or California, you can still request a copy of your personal data from many major businesses and organizations. This includes library vendors! Requesting a copy of your data from a company can highlight how easy it is for a company to track your use of its services. A good library-related example is OverDrive’s tracking of patron borrowing history, even though users might assume that their borrowing history isn’t being recorded after flipping a toggle to “hide” their history in user settings.

The latest example of extensive user tracking comes from a Twitter thread of a person going through the data Amazon has collected about her throughout the years, including all the times she interacted with Amazon Alexia. We’re not surprised about the level of data collection from Amazon – the tracking of page flips, notes, and other Kindle activity by Amazon has been a point of contention around library privacy for years. Instead, this is a reminder for libraries who are currently using or planning to use smart speakers and smart assistants to provide patron services that Amazon (and other companies) will collect and store patron data generated by their use of these services by default. This is also a good reminder that your smart speaker in your work or home office is also listening in on your conversations, including conversations around patron data that is supposed to remain private and confidential.

If you have a smart speaker (or other smart-enabled devices with a microphone) at your library or in your home office, you might want to reconsider. The companies behind these products are not bound to the same level of privacy and confidentiality as libraries in protecting patron data. Request a copy of data collected by the company behind that smart speaker sitting in the library. How much of that data could be tied back to data about patrons? How much do your patrons know about the collection, use, and sharing of data by the company behind the smart speaker at the library? What can your library do to better protect patron privacy around the smart speaker? Chances are, you might end up relocating that smart speaker from the top of the desk to the bottom of a desk drawer.

Beyond Web Cookies: Google’s FLoC

A lone Canadian Goose sits among a flock of ducks sitting in the snow.
You’re about as “anonymous” as the goose in this flock with FLoC.
Image source – https://www.flickr.com/photos/see-through-the-eye-of-g/5480240484/ (CC BY 2.0)

It’s been a while since we last wrote about the many ways companies track users with cookies and beyond. This week we’re coming back to our “Beyond Web Cookies” series with the latest development in site tracking and why your library should consider opting out to protect patron privacy.

(Puns in this post are fully intended.)

Ditching the Cookie for the FLoC

 Web cookies come in several flavors, from session and persistent cookies to first- and third-party cookies. A cookie can track your behavior online, across sites, and collect personal information for marketing, advertising, and other purposes. End users can block cookies through various browser settings and plugins, but that blocking can only go so far when websites find alternative ways to track users beyond web cookies, such as privacy-invasive WordPress plugins. Nonetheless, the majority of companies rely on cookies to collect information for marketing and advertising to end-users. When end users block cookies, the company that relies on advertising revenue has limited options in creating targeted marketing.

Enter Google. Early in 2021, Google announced a new ad-tech called the Federated Learning of Cohort, or FLoC, that reports being less privacy-invasive than web cookies. This “privacy-first” technology aims to create large groups of people with similar interests based on browsing activity. Advertisers can then target these large groups grouped by topics without the possibility of identifying unique individuals through tracking data. Sounds too good to be true, right?

FLoC’ing Problems

While FloC promises a privacy-preserving way to continue making money through advertising, the ad-tech does not escape the potential of violating user privacy. The first problem is, well, Google. Google already has many ways to track users outside of Google Analytics through their products and sites that use Google APIs and services. As Shoshana Wodinsky points out, FLoC expands Google’s access to user data in the online advertising world, giving Google almost full unrestricted access to user data used for targeted advertising. Wodinsky points out that FLoC’s grouping of people by topics can lead the system to create groups of people around sensitive, personal topics. That grouping creates potential future harm and discrimination if these groups were part of a data leak or breach. Grouping people by topic will most likely increase predatory targeting, scams, and discrimination practices.

FLoC’s promise of privacy is weakened further by continuing the cross-site tracking behavior we find in web cookies, but with a twist. According to FLoC, the information gathered about a user’s browsing history can be matched up to other trackers that already have personally identifiable information. If a user logs into a site and doesn’t log back out for the duration of their browsing session, this service can potentially take the FLoC information and tie it back to the user account.

Getting the FLoC Out to Protect Patron Privacy

Google recently rolled out a “test” of FLoC to a random group of Chrome users. If you are not sure if you are in this test group, visit EFF’s Am I FloCed? to check if your Chrome browser has FLoC enabled. Google claims that there will be an opt-out option for Chrome users by April, but it’s late April and there is no sign of the opt-out option. Libraries can help patrons protect their privacy by disabling third-party cookies in the Chrome browser settings on public computers in addition to installing privacy-preserving browser plugins and privacy-preserving browsers such as Brave and Tor.

How can libraries protect patrons from having their activity tracked on library websites and services? Libraries that have some control over their library website can include an opt-out in the HTTP header of the library website. However, this might not be an option for libraries that do not have that level of control over their website or the server that hosts their library website. There are some workarounds to this, such as the FLoC opt-out plugins for WordPress (disclosure – LDH has installed the Disable FLoC plugin to opt-out of the FLoC test).

But what about vendor sites? You can use https://tanck.nl/floc-check/ to find out if a website has opted out of FLoC. Vendor sites that have not opted out of FLoC might not be aware that their website is included in this test. Use this opportunity to talk to your vendor about FLoC and ask how they will protect the privacy of your patrons on their site. This is also an opportunity to check your vendor’s privacy policy and contracts to find if your vendor is collecting patron data for advertising and marketing purposes. Now is the time to renegotiate those terms or start shopping for other vendors that better protect patron privacy if the vendor won’t budge on their use of patron data for advertising.

In short, FLoC doesn’t really replace cookies. Instead, it adds more personal information – some of it sensitive – into the targeted advertising environment controlled by one company. Because FLoC includes all websites into the FLoC test by default, libraries must take action to protect patron privacy now to ensure that patron data does not end up in the ever-growing collection of and access to user data by Google.