Netflix Spilled Your Brokeback Mountain Secret, Lawsuit Claims
wired.com
wired.com
I'm actually unclear as to who's right and wrong here. Clearly, it seems unjust that she unknowingly outed herself, but how responsible is she of her online personas? I also wouldn't be surprised if Netflix has something in their ToS relating to this kind of "anonymous" release of information.
This is a complicated scenario.
To given an example - let's say Google as part of a new anti-fraud service released an MD5 hash of every e-mail address with a Google account, plus a MD5 hash of every IP that account had been successfully logged in from.
Sounds fairly anonymous - except that every website owner would now be able to match up every duplicate-but-separate account in their database to find out who had two or more identities, even if the user had been careful to use two separate machines for that specific site.
It doesn't sound like this was a technical failing of netflix' anonymization process but rather a matter of deduction of various independently anonymous pieces of data.
I don't know that it was necessarily a good or a legal decision for Netflix to release the contest data, but it doesn't help the plaintiffs' case when they quote where the privacy policy of Netflix specifically states that they may disclose the information disclosed in the contest and immediately claim that the policy states no such thing.
So why sue netflix instead of IMDB? Additionally, is there an expectation of privacy when posting movie reviews to public websites?
Whether Netflix violated the persons privacy or not is debatable (hence it hasn't been settled yet), however they certainly don't appear to have the intent to keep peoples privacy:
> The suit is also asking the court to stop Netflix from launching its promised second contest to improve the recommendations — this time giving out user data that includes ZIP codes, ages and gender, along with movie ratings and ID numbers substituted for user names.
I'm not certain how ZIP codes work in the US, I know however that my postal code for my childhood home in the UK could place me within a 30 house range on my street. Given age you could extract this down to ~7 people, given sex it was down to 3. Being 1 of these 3 people means I have a 50/50 chance of identifying two 'anonymous' people based solely on postal code, age and gender.
Lawsuits usually come down to intent, and Neflix arguably doesn't have the intent to keep its users privacy if it's intending on releasing ZIP, Age and Gender information.
This means, on average, you should still be able to place someone down to ~5 people. God forbid you're a 110 year old using netflix. If netflix is releasing it in 5-year groupings that still puts you in a group of ~30 people for grouping of ~30,000.
I'm unsure if any data release like this counts as anonymous.
Also, it's normal to add / remove ~1% of your sample to remove some edge cases and muddle the waters.
~300 million Americans spread among ~100,000 zip codes yields an average of 3,000 people per zip code. So zip code alone narrows a person down to a set of around 3,000. Gender then to 1,500.
That's only 4.2 years worth of unique birthdays! Unless the zip code is dominated by a certain age group (as around a college campus), there should be a lot of unique birthdays, since those will be drawn from a range of many decades.
Do densely-packed cities change things much? A bit, but they probably also have helpful age-diversity. San Francisco has 800,000 people and 25 zip codes -- 32,000 per zip code; 16,000 per gender; 16,000 unique birthdays would cover 45.2 years.
So there are sure to be more collisions, but still many unique zip/sex/DOB combinations. And for all the zip codes with < 3,000 residents, the people uniquely addressable could be 97, 98, 99%.
If we take zip+4, it's all over. My 12-unit apartment building has 2 zip+4 codes all by itself, so zip+4 identifies a group of < 12 people.
Since they considered the knowledge gained from the original contest cheap at $1 million, I'm sure the bigwigs at Netflix are wondering, "How many millions?"
Give me a break.
> The lead attorney on the new suit recently reached a multimillion-dollar settlement with Facebook over its failed Beacon program
It really annoys me when attorneys try to make millions when honest people trying to improve the world make a mistake.
So Beacon was a bad idea. Netflix should have asked for permission before releasing a user's anonymized data. But I think they learned their lessons.
Why should some random attorney who builds nothing get paid millions and obstruct these companies from continually trying to innovate?
Sigh.
The issue is really whether or not 'everyone' will know that she is a lesbian (really bisexual if read her IMDB comment which someone posted above). I highly doubt that someone wanting to conceal her identity as a lesbian/bisexual woman would go to a 'straight bar' and start making out with a woman. So the presumption here would be that you saw her at a gay bar kissing a woman. If so, not too many 'anti-gay' people go to gay bars, so I would think that she is relatively safe from discrimination in such a scenario.
> Netflix should have asked for permission before releasing a user's anonymized data. But I think they learned their lessons.
Obviously not because Netflix's second contest will release even more information on users (like zip/postal code, age, etc). Does that sound like someone that has 'learned their lesson?'
While the first contest could be put down to good faith, the second one definitely shows them at least attempting to push the boundaries.
On your second point:
Did they ask permission or set their TOS appropriately in the second contest?
I don't think the problem is releasing the data, the problem is not asking for users' permission first.
This article is very mindboggling to me and hard to follow.
That is unclear since she has not been identified in the lawsuit. But several people were successfully identified, and she might have been one of them.
Whether or not she was outed then, I'm willing to bet money that at some point during the lawsuit she will be tracked down and outed in a rather public fashion. Filing lawsuits that upset tech people is not a good way to protect your privacy...