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Facebook The Almighty Buck Businesses

Facebook's $5 Billion FTC Fine is an Embarrassing Joke (theverge.com) 231

Facebook's stock went up after news of a record-breaking $5 billion FTC fine for various privacy violations broke last week. From a report: That, as The New York Times' Mike Isaac points out, is the real story here: the United States government spent months coming up with a punishment for Facebook's long list of privacy-related bad behavior, and the best it could do was so weak that Facebook's stock price went up. From some other perspectives, that $5 billion fine is a big deal, of course: it's the biggest fine in FTC history, far bigger than the $22 million fine levied against Google in 2012. And $5 billion is a lot of money, to be sure. It's just that like everything else that comes into contact with Facebook's scale, it's still entirely too small: Facebook had $15 billion in revenue last quarter alone, and $22 billion in profit last year. The largest FTC fine in the history of the country represents basically a month of Facebook's revenue, and the company did such a good job of telegraphing it to investors that the stock price went up.
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Facebook's $5 Billion FTC Fine is an Embarrassing Joke

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  • "Punishment" (Score:3, Insightful)

    by ptaff ( 165113 ) on Monday July 15, 2019 @12:20PM (#58928480) Homepage

    the United States government spent months coming up with a punishment for Facebook's long list of privacy-related bad behavior

    Punishment... but not too hard, as the US gov't needs Facebook as a PRISM agent for privacy-related bad behavior, after all.

  • I don't get it. (Score:4, Insightful)

    by mrwireless ( 1056688 ) on Monday July 15, 2019 @12:22PM (#58928490)

    Why are the investors so happy?

    Is this fine the only fine they're going to get over the Cambridge Analytica scandal? After all, the FTC is a fine by the USA. Wait until the rest of the world get their gloves on. Especially the EU loves giving out huge fines.

    Secondly, is this just for Cambridge Analytica? If so, what about the other string of scandals Facebook has been involved in since then?

    To me it seems a multi-billion dollar fine signals regulators upping their game?

    What am I missing?

    • I believe the EU already fined Facebook a few years ago (the UK did, I believe on behalf of the EU). The fine was so laughably small people on Slashdot were outraged. And so laughably small the UK changed it's fine structure (see the recent British Airways fine for the first major demonstration).

      Investors are happy because there were two sides arguing within the FTC. One side (exclusively Republican) wanted a $5 billion fine. One side (exclusively Democratic) wanted a larger fine. There was a risk one

    • Why are the investors so happy?

      Because they finally found out what sickness the Golden Goose has, and it isn't terminal. Stock prices typically go up when final verdicts are handed down regardless of where they go. It's the uncertainty that kills a stock price. Once certainty is back in place its easy to calculate the future viability of a company. One time payments rarely move a company negatively if those payments close out some sorry saga like a court battle.

    • What am I missing?

      The dollar value of the fine doesn't matter, the only thing that matters is the relative value of the fine compared to how much money the company makes from their misdeed. If the fine is less than they make (adjusting for the risk of getting caught) then this encourages rather than discourages that bad behavior.

      This fine was a signal to Facebook investors that they have nothing to worry about.

  • Omg (Score:4, Informative)

    by Impy the Impiuos Imp ( 442658 ) on Monday July 15, 2019 @12:22PM (#58928492) Journal

    The stock price goes up because the uncertainty is ended, maroons.

    • Yes, the uncertainty is ended. It's ended with "Whew, it's not as bad as we were afraid it would be." If the FCC had levied a fine large enough to destroy Facebook utterly, the uncertainly would also have ended, but the stock assuredly wouldn't have gone up.

      • If the FCC had done that, Facebook would have successfully sued to have it removed. That would be like basing a speeding ticket on a % of your income rather than the fixed fine schedule based on the actual merits of the case.
    • The stock price goes up because the uncertainty is ended, maroons.

      Sorry, but no. There's uncertainty around every quarterly earnings statement. Do all stocks go up after earnings? No!

      The market has expectations about the results. If the outcome is better than expected, the stock goes up. If it's worse, the stock goes down.

      What the stock price tells us about this Facebook example is, the market consensus was the settlement should be more harsh than it was. Perhaps the market thought there would be a more drawn out legal process. Either way, it should have cost F

    • The stock price goes up because the uncertainty is ended, maroons.

      Not quite, though you are half-right. A stock's price takes into account any uncertainty (i.e. risk) that something will affect the company. A stock's price moves when risk is resolved, but the direction it moves depends on whether the market over- or underestimated the risk. The reason the stock price went up instead of down in this case was because the market overestimated the amount of risk involved (i.e. the market was expecting a bigger fine). Had the market underestimated the risk (i.e. the fine was l

  • by Tablizer ( 95088 ) on Monday July 15, 2019 @12:24PM (#58928500) Journal

    The wealthy have rigged the system so that they get relatively small punishments when they F up. If regular folks F up, we get instantly fired and maybe jailed.

    For example, top heads should be rolling at Boeing. They either made poor decisions or were not paying attention to critical changes. Charging extra for related safety features is also a zinger. Either way, some top people should be out on their asses.

    Big co's bribe politicians with campaign donations etc. and the political system then protects them to return the favor. It's legalized bribery: our system is fucked up.

    • by Cederic ( 9623 )

      relatively small punishments when they F up

      8.3% of annual revenue is not a small punishment. It's a fucking massive fine.

      People on this site were discussing whether Facebook should pull out of France because of a 3% revenue tax, on just French revenues. This fine is over 6000 times larger than that tax payment would be.

  • by jellomizer ( 103300 ) on Monday July 15, 2019 @12:30PM (#58928536)

    The problem with monetary compensation for crimes, is that the punishment for such crimes isn't Just, because fixed amounts not taking in the companies overall wealth unfairly targets the poor and small companies, while the big companies are allowed to create havoc because even a large fine, is just a write off expense.

    If I were to do a 5 billion fine to facebook, I would take it out of the executives, down to the management who went along with the idea. As their pay will hurt them more.

    • If I were to do a 5 billion fine to facebook, I would take it out of the executives, down to the management who went along with the idea. As their pay will hurt them more.

      I would make the fine payable in percentage of issued shares. If the company doesn't have the money, they need to issue more shares. Dilute the shares and make the stock go down.

      For example: Facebook should have to issue 5% of it's shares to the government. The government then sells those shares on the open market.

      The counter argument is that shareholder's shouldn't be punished for mismanagement or malfeasance by management. I argue the shareholders vote for the management. They are ultimately th

      • >For example: Facebook should have to issue 5% of it's shares to the government. The government then sells those shares on the open market.

        And who do you take those shares from? If it's from the company, you potentially dilute control to easily allow a hostile takeover, meaning a whole new set of leadership who didn't learn the lessons from the previous leadership.

        What if the company doesn't own 5% of shares? Does the government confiscate it from shareholders - including everyone with a 401(k) with a t

        • And who do you take those shares from? If it's from the company, you potentially dilute control to easily allow a hostile takeover, meaning a whole new set of leadership who didn't learn the lessons from the previous leadership.

          This is exactly what I'm advocating for.

          .and you do understand that anyone (including the government) dumping large numbers of shares would crash the stock price. Meaning that the government would get far less value. And the punished company, knowing this, would be primed to buy back those same shares on the open market from their cash reserves at a bargain basement price. If played right, a company could make a royal killing in profit from this kind of "punishment".

          That would violate the efficient-market hypothesis. [wikipedia.org] Especially if the rest of the market knows the government selloff is happening. The dilution of the sale price would be priced in long before the government begins selling the stock.

          Depleting cash reserves is how companies pay settlements currently. If the company wants to prop up the share price by depleting cash reserves, the end result would be similar to what we have now. However, I expect the company will

  • Revoke their ability to operate a for-profit business for a period of time... say 6 months or so.
  • I don't know,

    but shouldn't the punishment be proportional the crime? I didn't follow the case, am not on FB, and do not own shares. Maybe they should have been fined a trillion dollars. Maybe they should have been fined a dollar. But I'm not so certain they should be sued and fined based on the amount of money they have.

    Of course this happens; all the time. But I don't know that its the right way for things to work in principal.

    • by Nidi62 ( 1525137 )

      But I'm not so certain they should be sued and fined based on the amount of money they have.

      Of course this happens; all the time. But I don't know that its the right way for things to work in principal.

      Why not? A fine is supposed to be a punishment. A punishment is supposed to hurt. Fine a poor man $100, he goes hungry for a week. Fine a rich man $100 and he doesn't even notice. If you want to impact the rich man the same way you've impacted the poor man, you've got to go a lot higher. This $5 billion fine is like punishing a kid by saying he can't have ice cream for dessert, he can only have a cookie. The kid is still getting dessert.

      • That's why you can get a $100k speeding ticket in Finland...
        https://www.theatlantic.com/bu... [theatlantic.com]

      • This $5 billion fine is like punishing a kid by saying he can't have ice cream for dessert,

        This fine is nearly a a quarter of their profits for the last year. That's a pretty big fine. Imagine losing 25% of your AGW for something the government didn't like you doing.

  • The only real punishments that matter are: Jail Time.

    Swift, certain, and for the very top executives.

  • by account_deleted ( 4530225 ) on Monday July 15, 2019 @12:56PM (#58928674)
    Comment removed based on user account deletion
  • Lock up the CEO and the entire Board of Directors. Hit each stockholder with a share of the fine.

  • $5B is a very large fine. Where will the money go to do the most good? Punishing Facebook any more isn't going to accomplish anything.

    Providing $5B in funding for tech education and cybersecurity could turn this negative into a long term positive.

  • We need to make all fines percentages, like Finland's speeding fines. In Finland, some traffic fines, as well as fines for shoplifting and violating securities-exchange laws, are assessed based on earning. Make more money and they charge you more. That way people that can afford a Lamborghini are not charged the same $100 that a Kia owner pays.

    If you (or your company) is wealthy, the fine should be greater. Facebook, with a market cap of $584 billion, effectively paid less than 1% of their net-worth.

    I

    • by ezdiy ( 2717051 )
      Market cap measures entirely different thing than net worth. Typically, tech companies (with the notable exception of penny stocks) often have zero net worth in terms of treasury (self-owned) equity - FB owns none or almost none of its own stock. If nothing else, self-buying would make certain tax evasion tricks awkward. Instead, FB just hoards cash in tax heavens like everybody else.
  • Stop thinking of companies like they are people you need to make hurt (hell stop thinking of people that way too!). The goal is to DETER this conduct not feel like you've hurt the bad guys. Deterrence merely requires you make the cost of engaging in that kind of conduct (i.e. being lax about guarding privacy) is sufficiently greater than the benefits to make sure corporations go to sufficient lengths to avoid it. Since most of the things they are being fined for don't really contribute in any significant

So you think that money is the root of all evil. Have you ever asked what is the root of money? -- Ayn Rand

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