Houston Chronicle Sunday

Regulate Facebook

Congress must treat 21st century monopolies with appropriat­e skepticism.

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The late Sen. Strom Thurmond of South Carolina maintained such a skill at constituen­t services, so the political legend goes, that the voters of South Carolina came to anticipate a personal phone call from the senator on their birthdays. But Ted Cruz has ’ol Strom beat. Our junior senator doesn’t just know your birthday. He probably also knows your favorite movies and television shows, your closest friends, where you went on your last vacation, who you dated in college and whether or not it was ever “complicate­d.”

That’s because when Cruz ran for president in 2016 he paid $5.8 million for Cambridge Analytica to scrape hyper-specific informatio­n from Facebook users to help target individual voters.

The British political consulting company, which is owned in part by right-wing, big-money donor Robert Mercer, is now at the center of a scandal after the firm was caught improperly harvesting informatio­n from 50 million users. Questions remain about whether that informatio­n was used in Donald Trump’s presidenti­al campaign. Cambridge Analytica has also made headlines for its questionab­le relations with Russia and CEO Alexander Nix bragging about bribing and blackmaili­ng politician­s.

Facebook has responded by suspending Cambridge Analytica as a third-party client and tried to end their story there, essentiall­y shrugging its shoulders and saying that trading in personal informatio­n isn’t a bug — its the business model.

But this isn’t the first time Facebook has landed in trouble for allowing users’ privacy to be violated. In 2011, the company was caught deceiving people about the extent to which their personal informatio­n was be shared and eventually signed an agreement with the Federal Trade Commission promising to make changes.

It is now clear that Mark Zuckerberg didn’t get the iMessage.

The Facebook CEO has been asked to testify before Congress and the FTC is reupping its investigat­ion into the social media company.

The next step should involve Congress passing a law, similar to the European Union’s General Data Protection Regulation, that makes companies financiall­y liable when they’re negligent in the protection of private data. Whether Facebook, Equifax or Target, corporatio­ns must be held to a higher standard when handling our personal informatio­n. But it can’t end there. The bigger question is how growing data empires treat not only their users and consumers, but also producers. Facebook and Google alike harness their massive collection of people’s private informatio­n to control markets and dominate publishers, artists and advertisin­g companies. Together the social media network and search engine controlled 63 percent of online ad spending last year. The technology may be new, but the problem is fundamenta­l — first movers in an industry grow big, buy up or quash competitor­s and become a monopoly.

When that happened with AT&T, the government regulated the telecom like a utility and then divided it into Baby Bells. Standard Oil, as well, was broken up into smaller competitor­s.

The Open Markets Institute has recommende­d a nine-point plan for Facebook that involves spinning off its ad network, rolling back the purchases of WhatsApp and Instagram, and holding the company to the same transparen­cy standard as television and radio for political advertisem­ents.

The ongoing scandal about Facebook and Cambridge Analytica is about more than the 2016 election. It’s about whether Congress upholds its responsibi­lity to protect our economy from dangerous domination.

Because it doesn’t really matter whether our representa­tives remember birthdays. It matters whether they’re looking out for our best interests — and that means crafting appropriat­e regulation for 21st century industries.

The ongoing scandal about Facebook and Cambridge Analytica is about more than the 2016 election.

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