Facebook has been draining users’ phone batteries without their consent, according to a former employee who claims they were fired for refusing to comply with the practice.
Facebook parent Meta has been using “negative tests” for more than five years, according to data scientist George Hayward, 33, who started working on the messaging app in October 2019.
In a now-withdrawn lawsuit filed Jan. 20, Hayward said he saw an internal document titled “How to Conduct Thoughtful Negative Testing” that detailed the practice and examples leading up to 2016.
This document shows that Meta uses “negative tests” on its platforms, which have about 2.96 billion users according to recent reports. They are used to “measure impact” by testing new features and by measuring how fast the app runs, how images load and how news feed scrolls perform.
When asked to participate, Hayward said he declined because of concerns about the risks of running out of power to users, especially in cases where they need to communicate with others such as emergency services.
Hayward’s attorney, Dan Kaiser, argued that the “negative test” is not legal in New York, according to the New York Post, saying it violates a law that prohibits damaging someone’s property without their consent.
“It’s obviously illegal,” Kaiser said. “It’s maddening that my phone, that battery can be tampered with by anyone.”
The “negative test” concern is closed
The former employee said he did not know how many people were affected by the tests, but when he expressed this to his supervisor at the time, his concerns were brushed aside.
“It turns out that telling your boss, ‘No, that’s illegal,’ doesn’t go over very well,” Hayward told the New York Post.
“I said to the manager, ‘This might hurt someone,’ and she said by hurting a few, we can help the larger masses.”
According to the lawsuit, Hayward observed retaliation, including low performance evaluations, reviews that were canceled and then rescheduled, and assignment of responsibilities that set him up for failure.
He was fired in November, which coincided with Metta’s recent mass layoffs. However, his lawyers claim that this was no accident.
The lawsuit filed in Manhattan has now been withdrawn due to Meta’s internal arbitration clause; however, Hayward stands by his allegations, his attorney told the Post.
A Meta spokesperson told Fortune: “Mr. Hayward’s claims are without merit.”
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