Google's 'Project Nightingale' Gathers Personal Health Data on Millions Of
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
July 23, 2020 the Honorable William P. Barr Attorney General United
July 23, 2020 The Honorable William P. Barr Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Attorney General Barr: We write to raise serious concerns regarding Google LLC’s (Google) proposed acquisition of Fitbit, Inc. (Fitbit).1 We are aware that the Antitrust Division of the Department of Justice is investigating this transaction and has issued a Second Request to gather additional information about the acquisition’s potential effects on competition.2 Amid reports that Google is offering modest, short-term concessions to overseas enforcers to avoid a full-scale investigation of the transaction in Europe,3 we write to urge the Division to continue with its efforts to conduct a thorough and comprehensive review of this proposed merger and to take any and all enforcement action warranted by the law and the evidence. It is no exaggeration to say that Google is under intense antitrust scrutiny across the globe. As you know, the company has been under investigation for potential anticompetitive conduct across a number of product markets by the Department and numerous state attorneys general, as well as by a number of foreign competition enforcers, some of which are also reviewing the proposed Fitbit acquisition. Competition concerns about Google are widespread and bipartisan. Against this backdrop, in November 2019, Google announced its proposed acquisition of Fitbit for $2.1 billion, a staggering 71 percent premium over Fitbit’s pre-announcement stock price.4 Fitbit—which makes wearable technology devices, such as smartwatches and fitness trackers— has more than 28 million active users submitting sensitive location and health data to the company. -
Google's 'Project Nightingale' Gathers Personal Health Data
Google's 'Project Nightingale' Gathers Personal Health Data on Millions of Americans; Search giant is amassing health records from Ascension facilities in 21 states; patients not yet informed Copeland, Rob . Wall Street Journal (Online) ; New York, N.Y. [New York, N.Y]11 Nov 2019. ProQuest document link FULL TEXT Google is engaged with one of the U.S.'s largest health-care systems on a project to collect and crunch the detailed personal-health information of millions of people across 21 states. The initiative, code-named "Project Nightingale," appears to be the biggest effort yet by a Silicon Valley giant to gain a toehold in the health-care industry through the handling of patients' medical data. Amazon.com Inc., Apple Inc. and Microsoft Corp. are also aggressively pushing into health care, though they haven't yet struck deals of this scope. Share Your Thoughts Do you trust Google with your personal health data? Why or why not? Join the conversation below. Google began Project Nightingale in secret last year with St. Louis-based Ascension, a Catholic chain of 2,600 hospitals, doctors' offices and other facilities, with the data sharing accelerating since summer, according to internal documents. The data involved in the initiative encompasses lab results, doctor diagnoses and hospitalization records, among other categories, and amounts to a complete health history, including patient names and dates of birth. Neither patients nor doctors have been notified. At least 150 Google employees already have access to much of the data on tens of millions of patients, according to a person familiar with the matter and the documents. -
Emergent Medical Data: Health Information Inferred by Artificial Intelligence
First to Printer_Marks.docx (Do Not Delete) 4/19/21 8:47 AM Emergent Medical Data: Health Information Inferred by Artificial Intelligence Mason Marks* Artificial intelligence (AI) can infer health data from people’s behavior even when their behavior has no apparent connection to their health. AI can monitor one’s location to track the spread of infectious disease, scrutinize retail purchases to identify pregnant customers, and analyze social media to predict who might attempt suicide. These feats are possible because, in modern societies, people continuously interact with internet-enabled software and devices. Smartphones, wearables, and online platforms monitor people’s actions and produce digital traces, the electronic remnants of their behavior. In their raw form, digital traces might not be very interesting or useful; one’s location, retail purchases, and internet browsing habits are relatively mundane data points. However, AI can enhance the value of digital traces by transforming them into something more useful—emergent medical data (EMD). EMD is health information inferred by artificial intelligence from otherwise trivial digital traces. This Article describes how EMD-based profiling is increasingly promoted as a solution to public health crises such as the COVID-19 pandemic, gun violence, and the opioid crisis. However, there is little evidence to show that EMD-based profiling works. Even worse, it can cause significant harm, and current privacy and data protection laws contain loopholes that allow public and private entities to mine EMD without people’s knowledge or consent. After describing the risks and benefits of EMD mining and profiling, the Article proposes six different ways of conceptualizing these practices. -
November 13, 2019 Chairman Joseph J. Simons Commissioner Rohit
November 13, 2019 Chairman Joseph J. Simons Commissioner Rohit Chopra Commissioner Noah Joshua Phillips Commissioner Rebecca Kelly Slaughter Commissioner Christine S. Wilson Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 Dear Chairman Simons anD Commissioners Chopra, Phillips, Slaughter and Wilson: We write to urge the Federal Trade Commission to block Google’s proposeD acquisition of Fitbit. If this acquisition is approved, Google will further consolidate its monopoly power over Internet-based services. It will increase its alreaDy massive store of consumer data, incluDing highly sensitive health and location information. Through its vast portfolio of internet services, Google knows more about us than any other company, and it should not be allowed to add yet another way to track our every move. This transaction should not be permitteD because Google already holds a dominant position in the digital marketplace, health data is critical to the future of that marketplace, and the data protection concerns stemming from the acquisition will have far-reaching consequences incluDing a dramatic erosion of consumer privacy. This proposed acquisition should set off alarm bells at the FTC. It was, of course, Google that moveD to consolidate user data across 60 different Internet-based services back in 2012,1 over the objection of consumer groups, members of Congress, state attorneys general and even the Chairman of the FTC. And the outcome was preDictable: competition diminisheD, innovation diminisheD, anD data protection diminished. Google’s prior acquisition of Doubleclick also Deserves close scrutiny before the FTC consiDers whether to allow this acquisition to go forward. In that case, Google faileD to uphold representations that it maDe to the Commission regarding the personal data gathereD by DoubleClick.2 On that basis alone, the Commission shoulD reject this proposal. -
Tech Companies and Public Health Care in the Ruins of COVID
International Journal of Communication 15(2021), 1617–1636 1932–8036/20210005 Tech Companies and Public Health Care in the Ruins of COVID SHINJOUNG YEO1 Queens College, City University of New York, USA The COVID-19 pandemic has proven the cruelty of the U.S. market-driven health care system that disproportionately affects the poor. It illuminates how much a well-funded public health care system is vital for the survival of all. However, amidst the ruins of the pandemic and economic crisis, digital capitalism is driving a new round of capitalist restructuring with the health care sector at the center of capital’s new digitization push. Tech companies are at the forefront of this capitalist endeavor. Long before the outbreak, these companies and others have been cultivating the health sector into their profit- making enterprise. The pandemic has further opened the door. This article demonstrates how tech companies are weaving themselves into the medical-industrial complex built over the last several decades. By exploiting the pandemic, they are quickly grasping an opportunity to occupy the public health system. Keywords: COVID-19, Internet industry, public health care, medical-industrial complex, digital capitalism At the time of this writing in 2021, the coronavirus is ravaging the planet, killing hundreds of thousands of people, and exposing the undeniable violence of the capitalist system that treats public health as a profit-making enterprise that harshly and disproportionately affects the poor who already subsist with few if any social protections. With the absence in the United States of publicly funded universal health care provision for most of its citizens, private companies are “stepping up” as they are loath to let any crisis go to waste. -
Data-Driven Mergers and Personalization∗
Data-Driven Mergers and Personalization∗ Zhijun Chen,y Chongwoo Choe,z Jiajia Cong,x and Noriaki Matsushima{ October 27, 2020 First draft. Comments welcome. Abstract Recent years have seen growing cases of data-driven tech mergers such as Google/Fitbit, in which a dominant digital platform acquires a relatively small firm possessing a large volume of consumer data. The digital platform can consolidate the consumer data with its existing data set from other services and use it for personalization in related markets. We develop a theoretical model to examine the impact of such mergers across the two markets that are related through a consumption synergy. The merger links the markets for data collection and data application, through which the digital platform can leverage its market power and hurt competitors in both markets. Personalization can lead to exploitation of some consumers in the market for data application. But insofar as competitors remain active, the merger increases total consumer surplus in both markets by intensifying competition. When the consumption synergy is large enough, the merger can result in monopolization of both markets, leading to further consumer harm when stand-alone competitors exit in the long run. Thus there is a trade-off where potential dynamic costs can outweigh static benefits. We also discuss policy implications by considering various merger remedies. Key words: big data, personalization, tech mergers JEL Classification: D43, L13, L41, K21 ∗We are grateful to Arthur Campbell, Greg Crawford, Jacques Cr´emer,Doh-Shin Jeon, Bruno Jullien, Paul Heidhues, Vai-Lam Mui, Patrick Rey, Chengsi Wang, and Xiaojian Zhao for many helpful comments. -
Are Dark Patterns Anticompetitive?
044BBC27-503D-4AFB-B1D9-B7BAF6F2C013.DOCX (DO NOT DELETE) 11/5/2020 7:00 PM ARE DARK PATTERNS ANTICOMPETITIVE? Gregory Day and Abbey Stemler INTRODUCTION ............................................................................................................ 2 I. PLATFORMS, ATTENTION, AND ONLINE MANIPULATION ......................... 7 A. The Economic Value of Attention ................................................................. 8 B. The Attention Cycle ..................................................................................... 10 C. Dark Patterns and Online Manipulation .................................................... 14 II. PRIVACY AND PRIVACY PROTECTION .......................................................... 16 A. Privacy and Decisional Privacy..................................................................... 17 B. The Individual and Societal Costs of Online Manipulation .......................... 19 C. The Lack of Regulation of Online Manipulation ......................................... 22 III. PRIVACY AND MANIPULATION IN MODERN ANTITRUST ......................... 24 A. Digital Markets and Antitrust .................................................................... 25 B. Persuasion or Coercion in Digital Markets?................................................. 27 1. Persuasion ............................................................................................ 28 2. Coercion ............................................................................................... 31 C. Anticompetitive -
Google/Fitbit Will Monetise Health Data and Harm Consumers
September 2020 Google/Fitbit will monetise health data and harm consumers Marc Bourreau, Cristina Caffarra, Zhijun Chen, Chongwoo Choe, Gregory S. Crawford, Tomaso Duso, Christos Genakos, Paul Heidhues, Martin Peitz, Thomas Rønde, Monika Schnitzer, Nicolas Schutz, Michelle Sovinsky, Giancarlo Spagnolo, Otto Toivanen, Tommaso Valletti and Thibaud Vergé The European Commission (alongside other regulators) is conducting an in-depth investigation of the Google/Fitbit deal. A static, conventional view would suggest limited issues from a merger of complements. Yet unprecedented concerns arise when one sees that allowing for Fitbit’s data gathering capabilities to be put in Google’s hands creates major risks of “platform envelopment,” extension of monopoly power and consumer exploitation. “Health tech” is a major growth area, and the combination of Fitbit’s health data with Google’s other data creates unique opportunities for discrimination and exploitation of consumers in healthcare, health insurance and other sensitive areas, with major implications for privacy too. And as wearables are becoming a “point of access” to our “attention,” we need to worry about incentives to pre-empt competition that could threaten Google’s data collection dominance. As the consensus is now firmly that preventing bad mergers is a key tool for competition policy vis-a- vis acquisitive digital platforms, the European Commission and other authorities should be very sceptical of this deal, and realistic about their limited ability to design, impose and monitor appropriate remedies. GOOGLE’S MISSION IS TO MONETISE THE WORLD’S DATA – AND HEALTH DATA IS EXCEPTIONALLY MONETISABLE, IN WAYS THAT CAN DIRECTLY HARM CONSUMERS Google advertises its mission as “to organise the world’s information and make it universally accessible and useful” – but its business practices of the last decade suggest a more accurate statement: “to monetise the world’s data.” Google’s “playbook” is by now well understood. -
Alexa's Artificial Intelligence Paves
NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY Volume 21 Issue 4 Article 4 5-1-2020 Alexa's Artificial Intelligence aP ves the Way for Big Tech's Entrance into the Health Care Industry -- The Benefits ot Efficiency and Support of the Patient-Centric System Outweigh the Impact on Privacy Nicole Angelica Follow this and additional works at: https://scholarship.law.unc.edu/ncjolt Part of the Law Commons Recommended Citation Nicole Angelica, Alexa's Artificial Intelligence aP ves the Way for Big Tech's Entrance into the Health Care Industry -- The Benefits ot Efficiency and Support of the Patient-Centric System Outweigh the Impact on Privacy, 21 N.C. J.L. & TECH. 59 (2020). Available at: https://scholarship.law.unc.edu/ncjolt/vol21/iss4/4 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of Law & Technology by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 21, ISSUE 4: MAY 2020 ALEXA’S ARTIFICIAL INTELLIGENCE PAVES THE WAY FOR BIG TECH’S ENTRANCE INTO THE HEALTH CARE INDUSTRY – THE BENEFITS TO EFFICIENCY AND SUPPORT OF THE PATIENT- CENTRIC SYSTEM OUTWEIGH THE IMPACT ON PRIVACY Nicole Angelica* Time is the most valuable commodity bought and sold in our society. In the health care industry, time is always at a premium, and even in areas with a high concentration of physicians, patient needs are often unmet. With the rising popularity of artificial intelligence in private homes, the Big Five tech companies, Facebook, Amazon, Apple, Microsoft, and Google (FAAMG), are making strides to enter the health care industry and revolutionize it. -
November 13, 2019 Chairman Joseph J. Simons Commissioner Rohit
November 13, 2019 Chairman Joseph J. Simons Commissioner Rohit Chopra Commissioner Noah Joshua Phillips Commissioner Rebecca Kelly Slaughter Commissioner Christine S. Wilson Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 Dear Chairman Simons anD Commissioners Chopra, Phillips, Slaughter and Wilson: We write to urge the Federal Trade Commission to block Google’s proposeD acquisition of Fitbit. If this acquisition is approved, Google will further consolidate its monopoly power over Internet-based services. It will increase its alreaDy massive store of consumer data, incluDing highly sensitive health and location information. Through its vast portfolio of internet services, Google knows more about us than any other company, and it should not be allowed to add yet another way to track our every move. This transaction should not be permitteD because Google already holds a dominant position in the digital marketplace, health data is critical to the future of that marketplace, and the data protection concerns stemming from the acquisition will have far-reaching consequences incluDing a dramatic erosion of consumer privacy. This proposed acquisition should set off alarm bells at the FTC. It was, of course, Google that moveD to consolidate user data across 60 different Internet-based services back in 2012,1 over the objection of consumer groups, members of Congress, state attorneys general and even the Chairman of the FTC. And the outcome was preDictable: competition diminisheD, innovation diminisheD, anD data protection diminished. Google’s prior acquisition of Doubleclick also Deserves close scrutiny before the FTC consiDers whether to allow this acquisition to go forward. In that case, Google faileD to uphold representations that it maDe to the Commission regarding the personal data gathereD by DoubleClick.2 On that basis alone, the Commission shoulD reject this proposal. -
Mergers and Acquisitions in Digital Markets
Mergers and Acquisitions in Digital Markets March 30, 2021 Congressional Research Service https://crsreports.congress.gov R46739 SUMMARY R46739 Mergers and Acquisitions in Digital Markets March 30, 2021 Some Members of Congress have expressed concern about mergers and acquisitions in digital markets, specifically those involving “Big Tech”—Alphabet (Google), Amazon, Apple, Clare Y. Cho Facebook, and Microsoft. Mergers can be separated into three categories: (1) a merger between Analyst in Industrial competitors (i.e., horizontal merger), (2) a merger with a firm in the supply chain (i.e., vertical Organization and Business merger), and (3) a merger with a firm in an unrelated or adjacent market. Some Members have specifically raised concern about Big Tech companies’ acquisitions of nascent firms, which can occur across all three categories. A merger could potentially increase or decrease competition in digital markets, depending on the characteristics of the markets involved. Section 7 of the Clayton Act prohibits mergers whose effect “may be substantially to lessen competition, or to tend to create a monopoly” (15 U.S.C. §18). Citing this law, the Antitrust Division of the Department of Justice (DOJ), the Federal Trade Commission (FTC), state attorneys general, and private parties can challenge mergers. Merging parties that meet certain conditions must file a premerger notification with the FTC and DOJ under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (HSR Act). After investigating a proposed merger, the agencies can (1) allow the transaction to proceed unchallenged, (2) allow the transaction to proceed after entering a consent decree with the merging parties with conditions to maintain competition in the market, or (3) seek to stop the transaction by filing suit in federal court. -
Rights in Health Data
Rights in Health Data Yochai Benkler, William Fisher, and Kurt Walters January 2021 Version 3.1 Introduction .................................................................................................................................... 3 I. Business Initiatives ..................................................................................................................... 5 “Sloan Kettering’s Cozy Deal with Start-Up Ignites a New Uproar” ................................................ 5 “Hu-manity Wants to Create a Health Data Marketplace with Help from Blockchain” ................ 9 “GlaxoSmithKline strikes $300 million deal with 23andMe for genetics-driven drug research” . 10 “Google’s ‘Project Nightingale’ Gathers Personal Health Data on Millions of Americans” ......... 11 II. Laws ......................................................................................................................................... 14 A. United States ................................................................................................................................. 14 1. General Principles ........................................................................................................................................... 14 Greenberg v. Miami Children’s Hosp. Research Inst., Inc. ........................................................................... 14 Note on Patent Protection for DNA Sequences ............................................................................................. 24 2. The HIPAA Framework