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New Mexico sues mobile app makers over kid privacy concerns

TECH

New Mexico sues mobile app makers over kid privacy concerns
TECH

TECH

New Mexico sues mobile app makers over kid privacy concerns

2018-09-13 09:48 Last Updated At:10:56

New Mexico is suing Google, Twitter and other companies that develop and market mobile gaming apps for children, saying the apps violate state and federal laws by collecting personal information that could compromise privacy.

The lawsuit filed in federal court late Tuesday comes as data-sharing concerns persist among users.

Social media giant Facebook just weeks ago pulled one of its own apps over possible privacy intrusions and a recent Associated Press investigation revealed that several Google apps and websites store user location even if users have turned off location history.

FILE - In this Jan. 29, 2015 file photo, New Mexico Attorney General Hector Balderas talks during a news conference in Albuquerque, N.M. New Mexico is suing Google, Twitter and other companies that develop and market mobile gaming apps for children, saying the apps violate state and federal laws by collecting personal information that could compromise privacy. The lawsuit filed in federal court late Tuesday, Sept. 11, 2018, comes as data-sharing concerns persist among users. (AP PhotoSusan Montoya Bryan, File)

FILE - In this Jan. 29, 2015 file photo, New Mexico Attorney General Hector Balderas talks during a news conference in Albuquerque, N.M. New Mexico is suing Google, Twitter and other companies that develop and market mobile gaming apps for children, saying the apps violate state and federal laws by collecting personal information that could compromise privacy. The lawsuit filed in federal court late Tuesday, Sept. 11, 2018, comes as data-sharing concerns persist among users. (AP PhotoSusan Montoya Bryan, File)

New Mexico Attorney General Hector Balderas said he's concerned given that the apps can track with such precision where children live, play and go to school.

"These multi-million-dollar tech companies partnering with app developers are taking advantage of New Mexican children, and the unacceptable risk of data breach and access from third parties who seek to exploit and harm our children will not be tolerated in New Mexico," he said.

The lawsuit accuses advertising businesses run by Google, Twitter and three other companies, along with the app maker Tiny Lab Productions, of violating a law meant to keep private the personal data of children under 13.

The Children's Online Privacy Protection Act adopted by Congress requires websites and online services to disclose what information they collect from children and how they use that information.

That disclosure must also be provided directly to parents and verified consent must be given. The lawsuit accuses the defendants of violating these federal mandates.

Google said in a statement Wednesday that apps included in its family program must comply with stringent policies that address age-appropriate ads and privacy disclosures. The company also said those apps must comply with the federal law.

The company said it is "constantly working to improve the program."

Twitter said Tiny Lab was suspended from its MoPub platform a year ago for violating policies regarding child-directed apps. That privacy policy does not permit MoPub Services to be used to collect information from apps directed to children under the age of 13 for purposes of personalized advertising.

On its website, Tiny Lab posted that the company is not violating federal privacy laws regarding children since it asks for the birth date of the user to determine their age according to federal guidelines.

If a user is under 13, none of the personal information is collected, it says. But the lawsuit argues that's not enough.

Tech companies are under increasing scrutiny over their data practices, following a series of privacy scandals at Facebook and new data-privacy rules recently adopted by the European Union.

Last year, the business news site Quartz found that Google was tracking Android users by collecting the addresses of nearby cellphone towers even if all location services were off. Google changed the practice and insisted it never recorded the data anyway.

Critics have said Google's insistence on tracking its users stems from its drive to boost advertising revenue. It can charge advertisers more if they want to narrow ad delivery to people who've visited certain locations.

According to the lawsuit, Google was notified earlier this year by security researchers at the University of California-Berkeley that they had identified privacy-invasive technology and practices in Tiny Lab's gaming apps.

Google responded to the researchers, saying that the apps were not designed primarily for children, but for families in general so there were no violations of the federal privacy laws.

New Mexico prosecutors said in the lawsuit that the defendants were aware of the violations yet have failed to take steps to cure the misconduct.

They are seeking civil penalties and asking the court for a permanent injunction to prevent further violations of the laws.

WASHINGTON (AP) — A soon-to-be-released Biden administration review of Israel's use of U.S.-provided weapons in its war in Gaza does not conclude that Israel has violated the terms for their use, according to three people who have been briefed on the matter.

The report is expected to be sharply critical of Israel, even though it doesn't conclude that Israel violated terms of U.S.-Israel weapons agreements, according to one U.S. official.

The administration's findings on its close ally's conduct of the war, a first-of-its-kind assessment that was compelled by President Joe Biden's fellow Democrats in Congress, comes after seven months of airstrikes, ground fighting and aid restrictions that have claimed the lives of nearly 35,000 Palestinians, mostly women and children.

Biden has tried to walk an ever-finer line in his support of Prime Minister Benjamin Netanyahu’s war against Hamas. He has faced growing rancor at home and abroad over the soaring Palestinian death toll and the onset of famine, caused in large part by Israeli restrictions on the movement of food and aid into Gaza. Tensions have been heightened further in recent weeks by Netanyahu’s pledge to expand the Israeli military’s offensive in the crowded southern city of Rafah, despite Biden's adamant opposition.

Biden is in the closing months of a tough reelection campaign against Donald Trump. He faces demands from many Democrats that he cut the flow of offensive weapons to Israel and denunciation from Republicans who accuse him of wavering on support for Israel at its time of need.

Two U.S. officials and a third person briefed on the findings of the national security memorandum to be submitted by Secretary of State Antony Blinken to Congress discussed the findings before the report's release. They spoke on condition of anonymity because the information was not yet public.

A senior Biden administration official said the memorandum is expected to be released later Friday, but declined to comment on its conclusions.

Axios first reported on the memorandum's findings.

The Democratic administration took one of the first steps toward conditioning military aid to Israel in recent days when it paused a shipment of 3,500 bombs out of concern over Israel’s threatened offensive on Rafah, a southern city crowded with more than a million Palestinians, a senior administration official said.

The presidential directive, agreed to in February, obligated the Defense and State departments to conduct “an assessment of any credible reports or allegations that such defense articles and, as appropriate, defense services, have been used in a manner not consistent with international law, including international humanitarian law.”

The agreement also obligated them to tell Congress whether they deemed that Israel has acted to “arbitrarily to deny, restrict, or otherwise impede, directly or indirectly,” delivery of any U.S.-supported humanitarian aid into Gaza for starving civilians there.

Lawmakers and others who advocated for the review said Biden and previous American leaders have followed a double standard when enforcing U.S. laws governing how foreign militaries use U.S. support, an accusation the Biden administration denies. They had urged the administration to make a straightforward legal determination of whether there was credible evidence that specific Israeli airstrikes on schools, crowded neighborhoods, medical workers, aid convoys and other targets, and restrictions on aid shipments into Gaza, violated the laws of war and human rights.

Their opponents argued that a U.S. finding against Israel would weaken it at a time it is battling Hamas and other Iran-backed groups. Any sharply critical findings on Israel are sure to add to pressure on Biden to curb the flow of weapons and money to Israel’s military and further heighten tensions with Netanyahu’s hard-right government over its conduct of the war against Hamas.

Any finding against Israel also could endanger Biden’s support in this year's presidential elections from some voters who keenly support Israel.

At the time the White House agreed to the review, it was working to head off moves from Democratic lawmakers and independent Sen. Bernie Sanders of Vermont to start restricting shipments of weapons to Israel.

Israel launched its offensive after an Oct. 7 assault into Israel, led by Hamas, killed about 1,200 people. Two-thirds of the Palestinians killed since then have been women and children, according to local health officials. U.S. and U.N. officials say Israeli restrictions on food shipments since Oct. 7 have brought on full-fledged famine in northern Gaza.

Human rights groups long have accused Israeli security forces of committing abuses against Palestinians and have accused Israeli leaders of failing to hold those responsible to account. In January, in a case brought by South Africa, the top U.N. court ordered Israel to do all it could to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive.

Israel says it is following all U.S. and international law, that it investigates allegations of abuse by its security forces and that its campaign in Gaza is proportional to the existential threat it says is posed by Hamas.

Biden in December said “indiscriminate bombing” was costing Israel international backing. After Israeli forces targeted and killed seven aid workers from the World Central Kitchen in April, the Biden administration for the first time signaled it might cut military aid to Israel if it didn’t change its handling of the war and humanitarian aid.

Presidents Ronald Reagan and George H.W. Bush, in the 1980s and early 1990s, were the last presidents to openly hold back weapons or military financing to try to push Israel to change its actions in the region or toward Palestinians.

A report to the Biden administration by an unofficial, self-formed panel including military experts, academics and former State Department officials detailed Israeli strikes on aid convoys, journalists, hospitals, schools and refugee centers and other sites. They argued that the civilian death toll in those strikes — such as an Oct. 31 strike on an apartment building reported to have killed 106 civilians — was disproportionate to the blow against any military target.

Palestinians mourn their relatives killed in the Israeli bombardment of the Gaza Strip, at a hospital in Rafah, Gaza, Friday, May 10, 2024. (AP Photo/Ismael Abu Dayyah)

Palestinians mourn their relatives killed in the Israeli bombardment of the Gaza Strip, at a hospital in Rafah, Gaza, Friday, May 10, 2024. (AP Photo/Ismael Abu Dayyah)

U.S. President Joe Biden boards Marine One at Moffett Airfield in Mountain View, Calif., Thursday, May 9, 2024. (Jose Carlos Fajardo/Pool Photo via AP)

U.S. President Joe Biden boards Marine One at Moffett Airfield in Mountain View, Calif., Thursday, May 9, 2024. (Jose Carlos Fajardo/Pool Photo via AP)

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