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Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation - Lexology

Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation - Lexology | The CYDigital Blog | Scoop.it
Texas is one of the many states that looked to be following in the footsteps of California’s enactment of a broad consumer privacy law (the California Consumer Privacy Act), which has far-ranging implications for businesses and consumers. Two comprehensive data privacy bills, HB 4390 and HB 4518, were filed and heard at the last legislative session. HB 4518, also known as the Texas Consumer Privacy Act, proposed overarching consumer protection legislation that closely resembled the California Consumer Privacy Act. HB 4518 stalled in the Texas House of Representatives in favor of HB 4390. HB 4390, also known as the Texas Privacy Protection Act, was introduced as comprehensive data privacy legislation, but was significantly less detailed than HB 4518. HB 4390 went through several rounds of revisions in both the Texas House and Senate until it was whittled down to the final version, which revises the notification requirements of the Texas Identity Theft Enforcement and Protection Act and creates the Texas Privacy Protection Advisory Council in order to develop recommendations for future data privacy legislation. HB 4390 has passed both the Texas House and Senate and is awaiting signature from the governor to be enacted.

CYDigital/marteq.io's insight:

Update on Texas...

 

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CYDigital/marteq.io's curator insight, June 12, 11:33 AM

Marketers must be aware of the state by state legislation protecting consumer data and privacy. 

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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How to prepare for LGPD, Brazil's new Data Protection Law

How to prepare for LGPD, Brazil's new Data Protection Law | The CYDigital Blog | Scoop.it
The new law (LGPD), set to come into force next year, will bring a host of important changes to how companies deal with data privacy
CYDigital/marteq.io's insight:

Yes, Brazil. Southeast Asia, GDPR, US, South America. It's a sweeping phenomena. 

 

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Oregon expand their data privacy laws - Lexology

Oregon expand their data privacy laws - Lexology | The CYDigital Blog | Scoop.it
In Oregon, the legislature expanded its data breach notification statute (ORS §§ 646A.600 et seq.). Oregon’s updated data breach law, which was signed by Governor Kate Brown on May 24, 2019 and goes into effect on January 1, 2020, expands breach notification requirements to cover “vendors,” which it defines as “a person with which a covered entity contracts to maintain, store, manage, process or otherwise access personal information for the purpose of, or in connection with, providing services to or on behalf of the covered entity.” Under the new law, a vendor must notify Oregon’s Attorney General when subject to a security breach affecting the personal information of over 250 Oregon consumers, or when the number cannot be determined. Vendors do not need to notify the Attorney General if the covered entity has already made the notification. Vendors must also notify their business customers of the breach within 10 days – a change from previous language mandating notification “as soon as practicable.” The law also expands Oregon’s definition of personal information to include usernames, but only when combined with authentication factors.

CYDigital/marteq.io's insight:

Eventually, they'll be a federal law as well, but that won't negate the state-by-state legislation. OR, MA, ME, WA, CA, TX so far. NY next...BIG.

 

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CYDigital/marteq.io's curator insight, June 12, 11:34 AM

Marketers must be aware of the state by state legislation protecting consumer data and privacy. 

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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Crypto Exchanges Are Facing Biggest Regulatory Hurdle Yet - Bloomberg

Crypto Exchanges Are Facing Biggest Regulatory Hurdle Yet - Bloomberg | The CYDigital Blog | Scoop.it
On June 21, the Financial Action Task Force -- a multi-government effort that develops recommendations for combating money laundering and financing of terrorism that’s followed by about 200 countries including the U.S. -- will publish a note to clarify how participating nations should oversee virtual assets, FATF spokeswoman Alexandra Wijmenga-Daniel said in an email. The new rules will apply to businesses working with tokens and cryptocurrencies, such as exchanges and custodians and crypto hedge funds.

The guidelines will require companies ranging from exchanges Coinbase Inc. and Kraken to asset manager Fidelity Investments to collect information about customers initiating transactions of over $1,000 or 1,000 euros, as well as details about the recipients of the funds, and to send that data to the recipient’s service provider along with each transaction.

While that may sound simple, compliance will be costly and technically difficult, said John Roth, chief compliance and ethics officer at Seattle-based exchange Bittrex, which has about $58 million in daily-trading volume. After all, wallet addresses on digital ledgers supporting cryptocurrencies are largely anonymous, so an exchange currently has no way of knowing who the recipient of the funds is.
CYDigital/marteq.io's insight:

Another step in the natural evolution of user protection (and state protection). This makes sense.

 

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New SEC lawsuit could decide the fate of dozens of blockchain projects - Ars Technica

New SEC lawsuit could decide the fate of dozens of blockchain projects - Ars Technica | The CYDigital Blog | Scoop.it

"The Securities and Exchange Commission has filed a lawsuit against social media company Kik over its creation and sale of a cryptocurrency called Kin back in 2017. Kik is vowing to fight the lawsuit, setting the stage for a landmark ruling on how securities laws apply to the sale of digital tokens online.

The case is important because the Kin sale was one of thousands of so-called initial coin offerings held in the last three years. The Kin sale generated almost $100 million in revenue, and coin offerings have collectively raised billions of dollars. Most organizers did not file the kind of disclosure forms that the law requires for conventional stock sales.

The big question is whether the law required them to do so. We don't yet have a clear answer, largely because the SEC has been slow to address the issue."

CYDigital/marteq.io's insight:

Don't hold your breath: this may take years. In essence, it's a challenge to Howey, and will probably take it to the Supreme Court.

 

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Why Personalization Matters for Consumer Privacy - MIT Sloan Management Review

As the benefits of personalization become more attractive for surveyed consumers, the level of concern about privacy declines. Not surprisingly, receiving individualized pricing in the form of discounts for a product or service that consumers really wanted was among the most favored benefits for data use, with 57% expressing excitement. Coming in second, with 55% expressing excitement, was receiving a free product or service that consumers wanted but felt was too indulgent or not high enough in priority to purchase themselves. Interestingly, receiving dedicated concierge services and personalized advice came in at the bottom of the list of customer delights (less than 25% excitement each).

Concern over data practices increases with age, however, while excitement over free benefits declines. Some 65% of those under age 24 are not concerned about companies analyzing their buying patterns compared with 30% for those over 65. Similarly, for younger consumers, the better the benefit, the less concerned they are about privacy compared with other age groups.
CYDigital/marteq.io's insight:

Another point of validation supporting consumers willing to trade information for benefits. We're especially excited as the #1 desired benefit, individualized pricing, is directly in alignment with our solution!!

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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CYDigital/marteq.io's curator insight, June 12, 11:35 AM

Another point of validation supporting consumers willing to trade information for benefits. We're especially excited as the #1 desired benefit, individualized pricing, is directly in alignment with the CYDigital solution!!

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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Amazon Takes Search Budgets From Google, Bing, Yahoo, Data Suggests - MediaPost

Amazon Takes Search Budgets From Google, Bing, Yahoo, Data Suggests - MediaPost | The CYDigital Blog | Scoop.it
Marketers spent a whopping 77% more during the first quarter of 2019 on Amazon Sponsored Brands ads, formerly known as Headline Search Ads, while Amazon Sponsored Products grew 19% year-on-year in the quarter, according to recent data

Text ads are down, but Google Shopping continues to drive the search engine’s advertising growth. Spend on the format rose 41% year-on-year (YoY), compared with the 12% decline for text ads.
CYDigital/marteq.io's insight:

Search and social advertising can be toppled when offerings are more timely and relevant. CYDigital is following this path.

 

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CYDigital/marteq.io's curator insight, June 12, 11:36 AM

Chinks in the armor.

 

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Council Post: Regulatory Disruption: Is Your Business Ready To Comply With The CCPA? - Forbes

Council Post: Regulatory Disruption: Is Your Business Ready To Comply With The CCPA? - Forbes | The CYDigital Blog | Scoop.it
1. Establish a baseline

2. Evaluate third-party data providers

3. Avoid retrofitting legacy compliance tools. Seek technologies that enable you to:

• Manage and automate regulatory change monitoring through software or services. 

• Apply modern solutions to modern problems. 

•Establish predictable return on investment (ROI). 

4. Manage regulatory churn by embracing compliance change management. 

5. Plan for the future by aligning compliance management with your road map.
CYDigital/marteq.io's insight:

Strongly encourage you to CT and review the details. Excellent guidance. CCPA and other legislation will cost.

 

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CYDigital/marteq.io's curator insight, June 12, 11:37 AM

Your database is at risk! Start taking action. Why is this bigger than GDPR? Because its on a state by state basis!

 

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Facebook must proceed with privacy breach suit linked to Cambridge Analytica, judge rules - Japan Times

Facebook must proceed with privacy breach suit linked to Cambridge Analytica, judge rules - Japan Times | The CYDigital Blog | Scoop.it
Facebook Inc. must defend itself in a District of Columbia lawsuit accusing the social network of failing to safeguard users’ personal data and allowing a U.K. political consulting firm to mine the information for the benefit of Donald Trump’s 2016 presidential campaign.

The decision on Friday by D.C. Superior Court Judge Fern Saddler adds to the pressure on the company to change how it handles subscribers’ personal information. Facebook has said it may cost as much as $5 billion to resolve a Federal Trade Commission probe of its privacy practices. The Menlo Park, California-based company also faces a consumer class action over those practices and investigations in several states.

Facebook had argued the court should stay the matter because of other cases, but it now needs to produce documents for the D.C. judge.
CYDigital/marteq.io's insight:

This didn't receive much press, but significant nevertheless.

 

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Is the CCPA proliferating? A midyear data privacy legislative round-up - Lexology

Is the CCPA proliferating? A midyear data privacy legislative round-up - Lexology | The CYDigital Blog | Scoop.it
The Massachusetts State Senate has recently referred a new consumer data privacy bill, S.120, to the Joint Committee on Consumer Protection and Professional Licensure. The Massachusetts law would protect any information relating to an identified or identifiable customer, and would explicitly include biometric information of all kinds into the definition of that protected information. Like the GDPR and CCPA, the Massachusetts law, if enacted, would impose notice requirements relating to the collection and disclosure of personally identifying information, including biometrics. In addition, S.120 includes a proposed private right of action that allows for up to $750 per violation, plus attorneys’ fees, for failure to abide by the law’s notice and collection requirements.

CYDigital/marteq.io's insight:

I scooped only the MA update (you already know about CA, NV, WA, TX and NY). 

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy 

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CYDigital/marteq.io's curator insight, June 12, 11:39 AM

I scooped the MA as an example. Don't forget: CA's CCPA, ME, NV, OR, WA and coming soon...NY. Did I miss anyone?

 

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Report: Google and Facebook May Have to Disclose How Much Your Data Is Worth - Breitbart

Report: Google and Facebook May Have to Disclose How Much Your Data Is Worth - Breitbart | The CYDigital Blog | Scoop.it
A recent report from MarketWatch claims that ahead of suspected antitrust investigations into Silicon Valley, tech giants may have to reveal to users how much their data is worth. User Data is the lifeblood of the Masters of the Universe, providing them with billions in profits based on targeted advertising.
A recent report from MarketWatch outlines the wide-reaching effects of the previously reported antitrust investigations into Silicon Valley tech giants such as Google and Facebook. According to MarketWatch, this could force Google and Facebook to reveal to users how much their data is worth.
CYDigital/marteq.io's insight:

Sourced from MarketWatch. We're watching to see how this will be low-balled. 

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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Data Monetization Market: Emergence of New Technologies to Boost Uptake of Data Monetization –

Data Monetization Market: Emergence of New Technologies to Boost Uptake of Data Monetization – | The CYDigital Blog | Scoop.it
According to the report by TMR, the data monetization market is expected to expand with a CAGR of 21.4% over the forecast period of 2017 from 2025 to reach the valuation of US$ 708.86 Bn by 2025. Based on the method, the direct data monetization segment dominated the global data monetization market with a share of 60.1% shares in 2017. Based on the region, North America dominated the market by accounting for revenue of about US$56.1 bn in the same year.

CYDigital/marteq.io's insight:

From The MITSloan Management Review: "The Strategy& unit of PwC has estimated that, in the financial sector alone, the revenue from commercializing data will grow to $300 billion per year by 2018." I'd take PwC over TMR. 

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

 

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5 Blockchain Breakthroughs Coming in the Next 5 Years - SingularityHub

5 Blockchain Breakthroughs Coming in the Next 5 Years - SingularityHub | The CYDigital Blog | Scoop.it
1. Non-fungible tokens (NFTs)
An NFT is a token on the Ethereum blockchain that contains unique metadata that differentiates it from other tokens. While currency is fungible and can be easily transferred, NFTs can be used to store much more complex and individual-specific information.

2. Security tokens
3. Tokenized assets
4. Self-sovereign identity
As cyberattacks continue to proliferate, new forms of identity verification will leap onto the scene to protect users. Self-sovereign identity will allow users to maintain a single digital identity across multiple platforms while selecting the information they wish to share on each. This mode of interaction would drastically transform the current digital marketplace that has turned personal data into a commodity.

5. Free speech
Blockchain allows you to have an immutable record, something that no government can tear down no matter what, because a distributed ledger all over the world is going to undermine the despots, undermine the organizations and the governments that want to clamp down on free speech, and coupled with ubiquitous bandwidth, create a world where everybody is going to be able to have a voice. No speech is going to be able to be brought down or in some way kept away from the masses.
CYDigital/marteq.io's insight:

#5 is fascinating inasmuch as it would capture history in real-time. Regardless, these are just a few ways blockchain can be applied. What about gaming tactics stored on the blockchain for other gamers to use?

 

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Nevada, New York and other states follow California’s CCPA - Data Protection Report

Nevada, New York and other states follow California’s CCPA - Data Protection Report | The CYDigital Blog | Scoop.it
We are also continuing to monitor developments in New York, which has proposed a CCPA-like law (S5462). Although the bill has a similarly broad definition of “personal information” and gives consumers the right to request deletion of their data, the bill also introduces new obligations on companies as a “data fiduciary”. 

Earlier this year, both Washington (Washington Privacy Act, SB 5376) and Texas (Texas Privacy Protection Act, HB 4390) had introduced CCPA-like bills. Both bills failed to pass during their respective legislative sessions. Several other states still have legislation pending, which we are continuing to monitor.

The possibility of a US federal privacy law is still under consideration in Washington, DC, with the House Energy and Commerce Consumer Protection and Commerce Subcommittee Chairwoman Rep. Jan Schakowsky (D-IL) stating that she hopes to have a draft bill before Congress breaks for its August recess. She indicated that the bill could give the Federal Trade Commission more authority to police data privacy, as well as several features currently in CCPA: the right to amend, correct, and erase their data as well as not have their data used for discriminatory purposes. The topic of whether to include a private right of action is also under discussion.
CYDigital/marteq.io's insight:

Bear in mind that the WA bill didn't pass because it wasn't sufficiently restrictive. Regarding a federal law: it probably won't happen unless a progressive is elected in 2020, and even then the Senate would need to turn over to the Democrats (the current majority leader will block everything in sight).

 

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How Google, Facebook, Amazon and Apple faced EU tech antitrust rules - CNBC

How Google, Facebook, Amazon and Apple faced EU tech antitrust rules - CNBC | The CYDigital Blog | Scoop.it
Europe has made its name as the top cop of tech regulation.

The European Commission, the executive arm of the European Union, has imposed a combined $9.5 billion in antitrust fines against Google since 2017, and its boss hints Amazon and Apple might be next in line.

Facebook, meanwhile, has been subject to probes from competition and data protection authorities across the EU since the region’s strict new set of privacy rules called the General Data Protection Regulation (GDPR) went into effect last year.

As U.S. regulators and lawmakers step up their efforts to reign in big tech companies, Europe offers some valuable lessons.
CYDigital/marteq.io's insight:

The EU's strategy may or may not be a template for the US Department of Justice, but the reaction of the behemoths are duly noted.

 

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Facebook might have gotten a makeover, but don't be fooled, it's still collecting your data - SmartCompany

Facebook might have gotten a makeover, but don't be fooled, it's still collecting your data - SmartCompany | The CYDigital Blog | Scoop.it
Have you noticed your Facebook feed looks different lately? According to Facebook’s chief executive officer Mark Zuckerberg, it’s “the biggest change to the app and website in the last five years”.

This cosmetic change could represent the first step in Facebook’s ‘privacy pivot’, announced in March 2019. But we’re still waiting to hear exactly what will be happening with our data.

In response to Senator Hawley, Kevin Martin, vice president of US public policy at Facebook said: “There are still many open questions about what metadata we will retain and how it may be used. We’ve committed to consult safety and privacy experts, law enforcement, and governments on the best way forward.”
CYDigital/marteq.io's insight:

Only legislation will force change.

 

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Technology News, Analysis, Comments and Product Reviews for IT Professionals - ZDNet

Technology News, Analysis, Comments and Product Reviews for IT Professionals - ZDNet | The CYDigital Blog | Scoop.it
Despite sharing a common Chromium codebase, browser makers like Brave, Opera, and Vivaldi don't have plans on crippling support for ad blocker extensions in their products -- as Google is currently planning on doing within Chrome.

It took extension developers a few months to understand how intrusive the Manifest V3 modifications were, but they did eventually realize that Google was planning to replace one of the main technology through which extensions interacted with website requests, in favor of one that was far inferior.

Chrome developers seem intent on plowing through with their decision, with the Manifest V3 changes being scheduled to go live in January 2020, when ad blocker extensions would see their ability to block ads greatly diminished.
CYDigital/marteq.io's insight:

The greater threat is to those whose offerings rely on the Chromium codebase, and demonstrates the issues associated with such reliance.

 

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Maine governor signs online privacy bill | Miami Herald

The bill, signed by Gov. Janet Mills on Thursday, prohibits internet service providers from using, disclosing, selling or permitting access to a customer's personal information unless a customer "opts in." The bill only applies to providers operating within the state when providing broadband internet to customers physically located in the state.

It also requires providers to take reasonable measures to protect customers' personal information from unauthorized use, disclosure, sale or access. And it prohibits providers from refusing to serve customers or charge customers who do not consent to their personal information being shared.
CYDigital/marteq.io's insight:

It's here. Watch for NY next.

 

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How Google's anti-adblocking draft affects other Chromium-based browsers - gHacks Tech News

How Google's anti-adblocking draft affects other Chromium-based browsers - gHacks Tech News | The CYDigital Blog | Scoop.it
Google is working on a new manifest for Chrome extensions that defines the capabilities that extensions have in Google Chrome.

The manifest is available as a draft currently which means that it is not set in stone. One of the changes impacts most adblocking extensions for Chrome significantly if it passes in its current state.

Google plans to limit an API that most content blockers use currently and replace it with a new API that is limited as well. Core limitations include a fixed limit for the number of blocking rules that extensions may support. Google set the limit to 30,000 in the draft; popular blocking lists have more than double the number of entries already, and that does not even take into account options to use multiple lists. Google knows about that but has not adjusted the limit since draft publication.
CYDigital/marteq.io's insight:

That's a helluva workaround! And disappointing.

 

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As feds prepare antitrust case, Facebook and Google face a billion-dollar question: Does your data have value?

As feds prepare antitrust case, Facebook and Google face a billion-dollar question: Does your data have value? | The CYDigital Blog | Scoop.it

"The credentials to a PayPal  account with a relatively high balance can be sold on the dark web for $247 on average, according to a report by content-marketing agency Fractl, which analyzed all the fraud-related listings on three large “dark web” marketplaces.

The value of data to companies and hackers provides insight into the contradictions on how much that data is actually worth.

The market is grappling with putting a price tag on your data, but the courts have yet to decide the value of that information. “It’s definitely up in the air,” said privacy-law expert William McGeveran, a professor at the University of Minnesota Law School."

CYDigital/marteq.io's insight:

The dark web as the market index for data value? We've done the analysis: it's about $7500 per online household per year.

 

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Nevada and Maine Advance Legislation Addressing the “Sale” of Personal Data | Kelley Drye & Warren LLP - JDSupra

Nevada and Maine Advance Legislation Addressing the “Sale” of Personal Data | Kelley Drye & Warren LLP - JDSupra | The CYDigital Blog | Scoop.it
While businesses rightfully have been focused on preparing for the California Consumer Privacy Act (“CCPA”), the Nevada and Maine Legislatures have moved forward with legislation that, like the CCPA, features new requirements relating to the sale of consumer personal data. The Nevada bill, which was signed into law on May 29 and amends an existing data privacy statute, requires companies to provide a designated channel through which consumers can opt out of the sale of their personal data. The Maine bill, which has passed house and senate votes, notably would require opt-in consent prior to the sale of personal data; however, the law would narrowly apply to Internet Service Providers (“ISPs”) and exclude online companies perhaps more commonly associated with the disclosure and sale of consumer data.

CYDigital/marteq.io's insight:

More on Maine and Nevada.

 

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Apple to Launch New Ad Tracking Solution to Protect User Privacy

Apple to Launch New Ad Tracking Solution to Protect User Privacy | The CYDigital Blog | Scoop.it
Apple says it’s time to re-think the entire online advertising ecosystem. Its new ad tracking solution (“Privacy Preserving Ad Click Attribution”) is meant as a compromise solution, offering the very strongest privacy protection possible, while still giving advertisers enough information to judge the effectiveness of an advertising campaign.

As Apple sees it, the only information that an advertiser needs to know is that a user (but NOT a personally identifiable user) clicked on an ad and eventually made a purchase related to that ad. Everything else – all the little micro-steps along the way – is superfluous. Moreover, as WebKit explains it, an effective online advertising model does not require that Site A know that you purchased something on Site B. This type of cross-site tracking is what is so dangerous from a privacy perspective. Only Site B should know that you purchased something on Site B.
CYDigital/marteq.io's insight:

This is NOT a solution for marketers! Marketers need insight into their targeted consumer base, so this takes us back 10 years in the world of digital marketing. They're looking at it all wrong (CYDigital has cracked this code already).

 

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Microsoft discreetly wiped its massive facial recognition database - Engadget

Microsoft discreetly wiped its massive facial recognition database - Engadget | The CYDigital Blog | Scoop.it
Microsoft has been vocal about its desire to properly regulate facial recognition technology. The company's president, Brad Smith, appealed directly to Congress last year to take steps to manage the tech, which he says has "broad societal ramifications and potential for abuse." Such are the company's concerns that it even blocked the sales of the tech to California police forces. Now, Microsoft is continuing its crusade by quietly deleting its MS Celeb database, which contains more than 10 million images of some 100,000 people.

CYDigital/marteq.io's insight:

When you peel away the layers, you'll find out that they may have wiped the DB because there were non-celebs in there. If it were only celebs in the DB, would they have taken this action?

 

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Facebook plans to launch 'GlobalCoin' cryptocurrency in 2020 | Technology | The Guardian

Facebook plans to launch 'GlobalCoin' cryptocurrency in 2020 | Technology | The Guardian | The CYDigital Blog | Scoop.it
Facebook is planning to launch its own cryptocurrency in early 2020, allowing users to make digital payments in a dozen countries.

The currency, dubbed GlobalCoin, would enable Facebook’s 2.4 billion monthly users to change dollars and other international currencies into its digital coins. The coins could then be used to buy things on the internet and in shops and other outlets, or to transfer money without needing a bank account.

In order to try to stabilise the digital currency the company is looking to peg its value to a basket of established currencies, including the US dollar, the euro and the Japanese yen.
CYDigital/marteq.io's insight:

A global currency run by FB that can track everything you spend and everything you sell. Think about that!

 

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Top influencers in the blockchain and crypto space

Top influencers in the blockchain and crypto space in no particular order with a brief biography and a link to their twitter profile.
CYDigital/marteq.io's insight:

For reference.

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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