FTC slaps Facebook with record $5 billion fine, orders privacy oversight

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FTC's chair, Joseph Simons, spoke about the commission's record settlement with Facebook yesterday.

The 20-year settlement includes provisions that aim to create a level of independence from Facebook CEO Mark Zuckerberg's decision-making.

The FTC order mandates that Facebook create an independent privacy committee on its board of directors to remove "unfettered control" by Zuckerberg over user privacy decisions. The members will be nominated by an independent nominating committee and can only be fired by a two-thirds majority of voting shares, which would prevent Zuckerberg from controlling the vote with his share power.

In an interview with CNBC's Ylan Mui, dissenting commissioner Rohit Chopra said the FTC did not investigate enough. Outside of Facebook, an independent third-party assessor approved by the FTC will conduct biennial assessments and report to the new privacy committee quarterly. Facebook must notify the assessor within 30 days of discovering that data of 500 or more users has been compromised, according to the release.

The two dissenting commissioners, Democrats Chopra and Rebecca Kelly Slaughter, disagreed with this assessment. Slaughter wrote that even if litigation would have been the riskier option in terms of ensuring specific concessions, it would have been beneficial for public transparency.

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