Facebook Could Face Up To $5 Billion Fine For Privacy Violations

Facebook CEO Mark Zuckerberg speaks during the Facebook F8 developers conference on May 1, 2018, in San Jose, Calif.
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Facebook expects to pay a fine of up to $5 billion in a settlement with federal regulators. The tech giant disclosed that figure in its first-quarter 2019 financial results.
Facebook has been in negotiations with the Federal Trade Commission following concerns that the company violated a 2011 consent decree. Back then, company leaders promised to give consumers “clear and prominent notice” when sharing their data with others and to get “express consent.”
But, experts say, Facebook broke its promise. Just one example: giving user data to Cambridge Analytica, the political consulting firm that did work for the 2016 Trump campaign.
Facebook estimates the fine will be in the $3 billion to $5 billion range and has set aside $3 billion for payment. The company’s statement says, “The matter remains unresolved, and there can be no assurance as to the timing or the terms of any final outcome.”
This would not be the largest fine issued by the FTC. In 2016, the agency reached settlements with Volkswagen totaling up to $14.7 billion. Facebook’s total revenue for the first quarter stood at more than $15 billion. So whatever the final figure, the company has the money to pay for the estimated fine.
Facebook’s monthly active users stand at 2.38 billion, an increase of 8% year over year.
In an earnings call, CEO Mark Zuckerberg did not discuss the settlement in any detail. He focused his remarks on outlining Facebook’s plans for growth, which include building a private messaging platform. He also pointed to the European model of privacy regulation as one that could work globally, if other countries chose to follow suit.
Damian Lillard Leads Portland Trail Blazers To Victory In First Round Of NBA Playoffs
One player has excelled in the NBA playoffs: Damian Lillard. The all-star point guard has carried the Portland Trail Blazers all season thanks to his play and, more importantly, his leadership.
AUDIE CORNISH, HOST:
The National Basketball Association playoffs officially are on Lillard time. That’s the phrase all-star point guard Damian Lillard of the Portland Trail Blazers uses when he does something dramatic, which is often. But last night in Portland, Ore., Lillard went to new heights in leading his team to a first-round NBA playoff series victory over the Oklahoma City Thunder.
NPR’s Tom Goldman was there and has this report.
TOM GOLDMAN, BYLINE: This was going to be a story about Damian Lillard’s leadership, how he has carried a Trail Blazers team through a season of injuries and insults with a steady maturity that feels older than his 28 years. We’ll still get to that. But first we’ve got to talk about this.
(SOUNDBITE OF CHEERING)
GOLDMAN: Last night at Portland’s Moda Center with the score tied 115 all, the game clock a few ticks from zero, Lillard launched a jump shot from near the Blazers half-court logo. And, well, that roar wasn’t for a miss. The shot gave Lillard 50 points for the night, and it vanquished Oklahoma City, a team that owned Portland this regular season, winning all four games. Portland almost got even in the playoff series, winning four games to one. Portland head coach Terry Stotts got to the postgame interview room, sat down and smiled.
(SOUNDBITE OF ARCHIVED RECORDING)
TERRY STOTTS: The legend grows.
GOLDMAN: Lillard’s legend-building, buzzer-beating, series-winning shot was his second. He did it against the Houston Rockets in 2014. But last night was bigger. It came almost exactly a year after one of his most humiliating moments. New Orleans swept Portland out of the first round of the 2018 playoffs largely because it shut down Lillard. His reaction planted the seed for last night.
(SOUNDBITE OF ARCHIVED RECORDING)
DAMIAN LILLARD: I was like, I’m just going to accept responsibility that we didn’t play well. It was embarrassing. But when you go through stuff like that and you stay together and you keep working, you keep believing in what we do.
GOLDMAN: That attitude fueled a successful regular season run. But suddenly, late last month, that success seemed like it might come crashing to a halt.
(SOUNDBITE OF ARCHIVED RECORDING)
UNIDENTIFIED SPORTSCASTER: The left leg buckled, and Nurk is down, and he is in considerable pain, and he has a serious injury.
GOLDMAN: As heard on NBC Sports Northwest, Portland’s starting center, Jusuf Nurkic, suffered a compound fracture of his left leg. He’d been having the best season of his young career. Among those saddened for Nurkic and the Blazers was Randy Rahe, Lillard’s former college coach at Weber State. Rahe still stays in close contact with his former star.
RANDY RAHE: When Nurkic went down, you know, I texted him. I says, gosh, dang it, this is a tough one – tough one. And his text back was we’ll be fine, coach; we’ll be fine.
GOLDMAN: That’s the same message Lillard sent to his teammates. Basketball pundits insisted Portland wouldn’t be fine, saying the wounded Blazers were the team everyone wanted to play in the postseason. But since the Nurkic injury, Portland’s won 12 games, lost three. Rahe says Lillard’s season-long mission of building a culture of trust and togetherness shows.
RAHE: The connectedness of the team is really evident when you watch it right now.
GOLDMAN: Of course leadership sometimes means strapping a team to your back and making eye-popping, three-point winning shots, which Lillard did last night and more. During the Oklahoma City series, Lillard and his teammates stayed calm in the face of OKC’s trash-talking. But following the final shot, Lillard raised his right arm and waved at the OKC bench.
LILLARD: The series was over. You know, that was it. And I was just waving goodbye to them.
GOLDMAN: After a long year of pessimism and criticism, last night, Damian Lillard had the last word, maybe with more to come. Tom Goldman, NPR News, Portland.
(SOUNDBITE OF MY MORNING JACKET’S “I’M AMAZED”)
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County Jails Struggle With A New Role As America’s Prime Centers For Opioid Detox
In Massachusetts last July, several Franklin County Jail inmates were watched by a nurse and a corrections officer after receiving their daily doses of buprenorphine, a drug that helps control opioid cravings. By some estimates, at least half to two-thirds of today’s U.S. jail population has a substance use or dependence problem.
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Faced with a flood of addicted inmates and challenged by lawsuits, America’s county jails are struggling to adjust to an opioid health crisis that has turned many of the jails into their area’s largest drug treatment centers.
In an effort to get a handle on the problem, more jails are adding some form of medication-assisted treatment, or MAT, to help inmates safely detox from opioids and stay clean behind bars and after release.
But there are deep concerns about potential abuse of the treatment drugs, as well as worries about the efficacy and costs of programs that jails just weren’t designed or built for.
“It was never traditionally the function of jail to be a treatment provider, nor to be the primary provider of detoxification in the country — which is what they have become,” says Andrew Klein, the senior criminal justice research scientist with the company Advocates for Human Potential, which advises on jail and prison substance abuse treatment programs across the U.S. “So, with the opioid epidemic, jails are scrambling to catch up.”
A “critical situation”
The National Sheriffs’ Association estimates that at least half to two-thirds of today’s jail population has a drug abuse or dependence problem. Some counties say the number is even higher.
“We are in a critical situation,” says Peter Koutoujian, a leading voice on the issue and the sheriff of Middlesex County, Mass. — one of the states hardest hit by the opioid epidemic.
“We have to physically, medically detox about 40% of our population as they come in off the street,” he says, “and probably 80 to 90% of our population inside has some type of drug or alcohol dependence.”
Koutoujian, who is also vice president of the Major County Sheriffs of America, says how best to treat opioid-addicted inmates is among the most pressing issues facing jails today.
“We have not been able to get our hands around it because, quite honestly, society has not gotten its hand around either preventing [drug-addicted] people from coming into our institutions or supporting them once they get back outside,” he says.
“The fact is you shouldn’t have to come to jail to get good [treatment] programming,” says Koutoujian. “You should be able to get that in your own community so you don’t have to have your life disrupted by becoming incarcerated.”
An ever-growing number of jails — 85 percent of which are run by local sheriffs — are trying to expand the use of medication-assisted addiction treatment behind bars, including the use of buprenorphine and methadone, among other drugs.
“Dead addicts don’t recover”
Jails in states hardest hit by opioids — including Ohio, Kentucky, West Virginia, Rhode Island and Massachusetts — are moving fastest to expand this use of medicine, which is now widely considered the most effective method of treating opioid use disorder. The National Sheriffs’ Association recently put out a detailed best practices guide to jail-based medication-assisted treatment, in conjunction with the National Commission on Correctional Health Care.
“Dead addicts don’t recover. So this is our opportunity to engage this population,” says Carlos Morales the director of correctional health services for California’s San Mateo County, just south of San Francisco.
Morales is working to expand access to medications for an older model of drug treatment that has long relied on abstinence and a “cold turkey” approach.
“We know if you are an opiate user you come in here, you detox, and you go out — it’s a 40 percent chance of OD-ing,” Morales says. “And we have the potential to do something about it.”
Felipe Chavez, who’s doing time at the San Mateo jail for selling fentanyl, is taking part in the jail’s fledgling opioid treatment program. Chavez says opioids have ruled his life since he started using oxycodone pills at age 12, following an injury.
“I was smoking them,” Chavez says. “Then I went to heroin. Then heroin went to fentanyl.”
With his sleepy eyes and loose-fitting clothes, Chavez looks younger than his 23 years – a little like a teenager in baggy pajamas. But the bright hunter-orange of everything he’s wearing, down to the plastic Crocs, all signify he’s in the San Mateo County jail’s infirmary in Redwood City, Calif., where he gets his regular dose of methadone.
Still, Chavez is one of the lucky ones here. Because he was in a local methadone program before he got arrested — again — he has been allowed to keep using that synthetic opioid substitute in jail. Methadone and a couple other drugs help jailed opioid users like Chavez temper cravings and, in theory, stay off more powerful and destructive opioids.
“It’s all about if you want to get clean or not, you know,” Chavez says. “The methadone is just there to help, you know. I mean, you’ve got to dedicate to the methadone. Because you got to start somewhere.”
With the methadone treatment he says, “I just feel more normal — like a normal person.”
Jail as an “opportunity to intervene”
Doctors who treat people in jails say a challenge — and an opportunity — in expanding the use of methadone or another medical treatment is that it’s not clear, at first at least, how big a role opioid addiction is playing in an inmate’s troubles; their drug use is often intertwined with mental health problems.
“The opiate part of the problem is usually not part of the charging documents, so it’s hard to tell,” says Dr. Robert Spencer, San Mateo County’s correctional health medical director. Addiction, mental health and crime “are so intimately connected,” Spencer says. “It’s often a form of self-medication, an attempt by them to modify their symptoms. This gives us an opportunity to provide an intervention and a possible way forward.”
More research is needed to confirm the long-term benefits of treating addiction in jail, addiction specialists say. But, so far, studies have shown that medication-assisted treatment works well in reducing fatal overdoses, relapse and in reducing the spread of infectious diseases, such as HIV.
Still, this kind of medication-based approach is relatively new in San Mateo — as it is for many jails across the country. For nearly a quarter century, San Mateo’s flagship addiction treatment program has been an abstinence-based approach called Choices. So far, only a dozen or so of the jails’ roughly 1,000 inmates are undergoing some sort of medication-assisted treatment.
Correctional health director Morales wants to expand those numbers. But he has lingering worries about costs, effectiveness and safety. He says inmates can hoard — and then sell, trade or abuse — some of the opioid treatment drugs, which are among the most top contraband items in jails today.
In addition, prison reforms in California to reduce overcrowding and reclassify some sentences has resulted in county jails housing more inmates for longer periods.
That, Morales says, has increased a kind of recidivist merry-go-round: a growing number of inmates with multiple bookings and short jail stays; people who aren’t getting the treatment they often need.
“I don’t think our script is good yet,” he says. “We don’t explain it well [to inmates], and we have to get better at advocating that someone use medicated-assisted treatment — and to get the protocol right, so that it’s not isolated folks that are doing it.”
Jails need to build the momentum of routine treatment by getting staff and inmates who have been helped talking about the success of this approach, he says. “And frankly, we’re not scaled up enough. Those are the challenges that we’re facing.”
It’s a similar story nationally, where the number of jails offering medication for inmates who are addicted is small.
Only 10% to 12% of the nation’s 4,000 jails are trying some form of addiction medication as part of treatment.
“Although this number is not the majority of jails, five years ago it was zero,” says Klein. “And the number is increasing every week.”
Some are offering access to the opioid substitute drugs buprenorphine and methadone, which can help opioid users detox and then temper cravings. Long term, in theory, those drugs can help people who have become addicted to opioids stay off of destructive and potentially deadly street versions.
But the majority of jail-based medication-assisted treatment programs today are limited to injectable naltrexone, given upon an inmate’s release.
Also known by its brand name Vivitrol, naltrexone is an injectable drug that could trigger withdrawal symptoms in someone who is physically dependent on opioids; but it also blocks the brain’s receptors for opioids and alcohol for 28 days.
Inmates who have been addicted to opioids are at far greater risk for overdose upon release, as their tolerance for street drugs is often greatly reduced after a stint of abstinence. Suddenly, a dose that got them high in the old days could now be fatal.
Liability concerns and the need to improve withdrawal management are also driving the increase in medication-assisted treatment. About 80%
. of all detoxification for drugs and alcohol happen in jails and prisons. And nationally, in the last 10 years, counties and states have paid out well over $70 million for addiction withdrawal-related deaths of inmates, according to a tally by Klein. More than 50 similar lawsuits are still pending.
Klein says the challenge is far broader than jails for a public health system that has yet to catch up to the opioid crisis. “MAT is totally underutilized in the community, much less in jails,” he says.
The problem is particularly hard for jails in more rural and semi-rural counties, which often have limited access to medications, to physicians who will administer it, and to follow-up programs that inmates can tap into upon release.
To provide methadone, for example, a jail has to either be certified as a methadone clinic or partner with a community clinic.
“Even if [rural jails] wanted to provide medication-assisted treatment within the jails, there may not be a methadone clinic for 60 miles,” says Carrie Hill, director of the National Sheriffs’ Association’s center for jail operations. “It’s a huge issue.”
Or a county may not have a doctor with the necessary licenses to provide treatment medications, Hill says.
Most rural areas “don’t have a single doctor who is certified to even prescribe buprenorphine,” says Klein. “So it’s very difficult for a jail to even find a doctor who can prescribe it to an inmate who may need it. Most rural and suburban counties in this country don’t have any methadone clinics they can rely on.”
Hill says the sheriffs in her group are working on ways to expand treatment and recovery support services to rural areas, including city-rural treatment partnerships; additional funding to greatly expand telemedicine and broadband services; and mobile anti-opioid addiction units that could deliver treatment drugs to hard-to-reach jails.
The group is in conversation with its federal partners to get the necessary medical waivers to do that.
Advocates for expanding MAT say the medications are saving lives. “In jail, [when] we have somebody stabilized — off street drugs — they can begin to calm down and [we can] find out if we can help them with medication,” Klein says. “What a tragedy if we miss that moment.”
The legislature in Massachusetts, with Koutoujian’s encouragement, has given the green light for a seven-county pilot program of the best evidence-based opioid treatment in jails. Starting this August, the jails will offer all forms of medication-assisted treatment and carefully track data on efficacy — including rates of drug relapse, overdose and recidivism.
While he supports MAT in general, Koutoujian, the sheriff, says he’s wary that medications alone will solve the inmate addiction treatment problem. That kind of thinking, he says, got us into this crisis in the first place.
“Medication-assisted treatment is very important but people have to remember if you do the medication without the treatment portion — the counseling and the supports — it will fail. And we will just fall prey to another easy solution that just simply does not work.”
“We have to make sure, if we are going to use medication-assisted treatment,” Koutoujian says, “that when they leave our facility they will have access to medication. Do they have health insurance to cover that medication? Do they have access to counseling and treatment services and navigators to help them through this most difficult time period? If they don’t have that, then in many ways we could be setting them up for greater failure.”
Meanwhile, in San Mateo’s jail, inmate Felipe Chavez says he wants to serve his time, reconnect with an infant daughter he barely knows and try “to live a different life.”
“I mean, I know everyone says that while they’re in here,” Chavez says. “But, you know, I’m really trying to just get my family back together. Change the way of life.”
To do that, Chavez says, for now he wants to stay in the jail’s fledgling medication-assisted treatment program — to help him stay off fentanyl and stay alive.