Hi there everyone. Law.com's Ian Lopez here taking a peek at some of the top stories on law and tech. First up, the Justice Department tag teams with big tech in tackling Russian interference, and right in time for the midterm elections. Also this week: Facebook is accused of snooping on the locations of users trying to fly under the radar, and how the next net neutrality battle is taking place in Vermont (yes, Vermont).

Get at me with feedback: [email protected] or @IanMichaelLopez.

Big Tech & Big Government Fight a Big Problem

Russia is the spark behind an unlikely alliance of big tech and big government as the Justice Department investigates alleged election meddling. In announcing criminal charges against a Russian national for allegedly conspiring to interfere in the midterms, the DOJ gave a big shoutout to Facebook and Twitter for their “exceptional cooperation.”

But buds for life? Probably not, given the tech industry's reservation about opening its doors to government access in investigations (think cracking into the smartphone tied to the San Bernardino shooting). But tech's tendency to boast of protecting privacy is likely taking a backseat, says former DOJ trial attorney Peter Henning. Or, more plainly: “I want to protect Russia trolls is not a battlecry.”

In Henning's opinion, cooperating with the government is these companies' way of “showing their bonafides that they're committed to preventing interference,” and this relationship goes both ways. Santa Clara Law's Eric Goldman tells me that while DOJ is recognizing the tech industry's work, the partnership also shows D.C. “they can be our friends and not our enemies.”

Tech has in a sense already turned to government expertise to counter its Russian problem. Facebook hired former DOJ'er Nathaniel Glacier at the beginning of 2018 to essentially be the company's resident Russian troll hunter. And the company was largely up front about its platform being used by actors looking to interfere in the U.S. political process.

Big Tech and Big Government may have found a common ground, for now. As Henning points out, issues like San Bernardino were where the tech industry was willing to draw a line in the sand. But with outside interference, it's an entirely different situation.

And for the government's part? Henning adds: “Social media is a different beast. They want [tech companies'] cooperation. Maybe even expect it.”

➤ Looking Ahead: Don't expect joint press releases and BFF necklaces anytime soon, but big tech and big government are lining up in efforts to curb abuse of their systems.

Facebook's Surreptitious User Creeping Gets the Google Treatment in New Lawsuit

Remember that whole scandal over Google using apps to surreptitiously track user whereabouts despite people tweaking their privacy settings to prevent that? Facebook's getting heat for similar accusations, specifically in the form of a class action in the Northern District of California.

The lawsuit, filed by a firm known for taking the tech giant to task, calls Facebook out for running afoul of California privacy and federal communications law by keeping tabs on users who turn off their location history. The plaintiffs attorneys pull no punches in their complaint—defining Facebook as “a data aggregating and marketing company cloaked as a social networking platform” that “in an unfair and deceptive manner” tracks plaintiff and class members in a “malicious, oppressive, and willful … disregard of their rights.”

A Facebook spokesperson tells me the lawsuit is “without merit,” and that the company is up front in its “data policy and related disclosures” about its location data practices. But people are still pissed companies are snooping, and courts may be the place for recourse. Tycko & Zavareei attorney Sabita Soneji, representing plaintiffs in the suit against Facebook, tells me “deep concerns about [plaintiffs'] privacy” are leading them to the courts “because companies are not taking proactive steps to protect users' privacy.”

“Facebook's disclosures about location tracking are both misleading and omit crucial information” she adds. “A reasonable consumer thinks that turning off 'Location History' means that Facebook will no longer track or store his location information. Indeed, reasonable consumers only turn off that feature because they want to protect their private location data.”

➤ Takeaway: People are taking Facebook and other tech companies to task over their privacy practices, but companies continue collect and sell user info on the premise that the law is (at least in some instances) on their side. It's unlikely the dynamic will change anytime soon, but more people are catching on to the practices as the conversation continues to evolve.

On The Radar: Two Things to Know

➤ Net Neutrality Goes … to Vermont? You read that right. That state is the home of the latest in net neutrality snafus. There, a host of ISP associations are pushing for an enjoinment on Vermont legislation they claim prevents internet service providers from getting local contractsshould they fall short of local net neutrality rules. But the groups bringing the lawsuit are no strangers to the net neutrality scene. My colleague Victoria Hudgins reports these usual suspects brought suit against California's AGearlier this month, alleging the Golden State's net neutrality law—considered the country's strongest—is pre-empted by federal law.

➤ Show Me the Money: Yahoo has agreed to pay $85 million to settle a data breach compromising information on 1 billion user accounts. My colleague Amanda Bronstad reports the deal as among the largest data breach settlements ever in the U.S., coming after two all-day mediation sessions in San Francisco Superior Court. Maybe Yahoo will find a few extra bucks when a litigation against an insurer wraps up. In that case, the judge ruled the insurer is on the hook for $4M in outside counsel fees.