Facebook Fights Back: Supreme Court to Weigh In on Cambridge Analytica Shareholder Lawsuit
Facebook’s Cambridge Analytica Data Scandal: Supreme Court Hears Shareholder Lawsuit
The Supreme Court is considering Facebook’s bid to block shareholder lawsuits over the Cambridge Analytica data scandal from proceeding. The scandal, which came to light in 2018, involved the misuse of user data by Cambridge Analytica, a British political consulting firm.
Shareholders sued Facebook, accusing the social media company of misleading investors in its initial securities filing by failing to mention Cambridge Analytica’s misuse of user data. Facebook acknowledged in a 2016 filing that improper use of its data by third parties could harm its business, but did not mention Cambridge Analytica.
Facebook argues that its statements in the risk disclosure section of its securities filings only refer to future events and do not imply that such events have never occurred. However, shareholders claim that the company’s failure to disclose the Cambridge Analytica scandal led to a decline in stock prices and financial losses.
During the Supreme Court hearing, several conservative justices expressed skepticism about the shareholders’ arguments, suggesting that the disclosures could create confusion for companies and perhaps be better left to the Securities and Exchange Commission.
Chief Justice John Roberts proposed a hypothetical situation in which such a statement might indicate that the event occurred previously. “For example, if I told you that you might slip down the stairs when you leave my house, you wouldn’t say, ‘Well, that’s never happened to me before,'” Roberts said. ”Your inference is that it happened. That is why I am warning you.”
The court’s three liberal justices seemed somewhat skeptical of Facebook’s claims. Justice Ketanji Brown Jackson noted that past events, such as the Cambridge Analytica scandal, can still lead to future harm and that Facebook’s position on the fact that when you make a statement completely forward-looking, it is a proposition that is misleading.
Justice Elena Kagan also noted that risk disclosure statements in Facebook’s securities filings provided information about past events beyond Cambridge Analytica. “We don’t talk about Cambridge Analytica, but we talk about other things,” Kagan said. “It is said that there have been hacking incidents in the past. Hacking is a real problem and we have experienced it.”
The Cambridge Analytica scandal occurred during the 2016 presidential election when the consulting firm unknowingly collected data from tens of millions of Facebook users to support the presidential campaigns of Senator Ted Cruz (R-Texas) and then-candidate Trump.
A British political consulting firm purchased data from Aleksandr Kogan, who created a third-party app called This is Your Digital Life, which collected data from users for personality tests. However, by also collecting data on users’ Facebook friends, they were able to amass a vast amount of information that was ultimately used to create psychological profiles of American voters for campaigns.
The Guardian first reported on Cambridge Analytica’s use of data on behalf of the Cruz campaign in 2015. Three years later, The Guardian and The New York Times revealed that the consulting firm had used data to support the Trump campaign.
Facebook faced a huge backlash due to this revelation. The Federal Trade Commission (FTC) fined the social media giant $5 billion, and the Securities and Exchange Commission (SEC) sued the company, which ultimately resulted in a $100 million fine.
