Facebook made
a settlement agreement with the U.S. Federal Trade Commission (FTC) in 2011 concerning serious privacy violations committed by Facebook via deception of users.
Grant Gross has the story at IDG New Service in
Facebook Settles FTC Privacy Complaints.
Facebook has learned nothing in the interim, and is continuing along the same path it has always operated, i.e. one of deception and disrespect for the law.
Facebook is now actually barring Facebook users from opting out of being included in Facebook graph search, news and other Facebook features that egregiously violate individual privacy rights. Who was even aware that a month or two ago users could allegedly opt out of a search function that was not yet even announced. Now that it is announced, opting out is forbidden.
Where is the FTC?
These appear to clear violations of the settelement agreement.
See
Facebook Settles FTC Charges That It Deceived Consumers By Failing To Keep Privacy Promises where the following is written in the press release:
"
For Release: 11/29/2011
Facebook Settles FTC Charges That It Deceived Consumers By Failing To Keep Privacy Promises
The social networking service Facebook has agreed to settle
Federal Trade Commission charges that it deceived consumers by telling
them they could keep their information on Facebook private, and then
repeatedly allowing it to be shared and made public. The proposed
settlement requires
Facebook
to take several steps to make sure it lives up to its promises in the
future, including giving consumers clear and prominent notice and
obtaining consumers' express consent before their information is shared
beyond the privacy settings they have established.
The FTC's eight-count
complaint
against Facebook is part of the agency's ongoing effort to make sure
companies live up to the privacy promises they make to American
consumers. It charges that the claims that Facebook made were unfair
and deceptive, and violated federal law.
"Facebook is obligated to keep the promises about privacy that
it makes to its hundreds of millions of users," said Jon Leibowitz,
Chairman of the FTC. "Facebook's innovation does not have to come at the
expense of consumer privacy. The FTC action will ensure it will not."
The FTC complaint lists a number of instances in which Facebook allegedly made promises that it did not keep:
- In December 2009, Facebook changed its website so certain
information that users may have designated as private – such as their
Friends List – was made public. They didn't warn users that this change
was coming, or get their approval in advance.
- Facebook represented that third-party apps that users'
installed would have access only to user information that they needed to
operate. In fact, the apps could access nearly all of users' personal
data – data the apps didn't need.
- Facebook told users they could restrict sharing of data to
limited audiences – for example with "Friends Only." In fact, selecting
"Friends Only" did not prevent their information from being shared with
third-party applications their friends used.
- Facebook had a "Verified Apps" program & claimed it certified the security of participating apps. It didn't.
- Facebook promised users that it would not share their personal information with advertisers. It did.
- Facebook claimed that when users deactivated or deleted their
accounts, their photos and videos would be inaccessible. But Facebook
allowed access to the content, even after users had deactivated or
deleted their accounts.
- Facebook claimed that it complied with the U.S.- EU Safe
Harbor Framework that governs data transfer between the U.S. and the
European Union. It didn't.
The proposed settlement bars Facebook from making any further
deceptive privacy claims, requires that the company get consumers'
approval before it changes the way it shares their data, and requires
that it obtain periodic assessments of its privacy practices by
independent, third-party auditors for the next 20 years.
Specifically, under the proposed settlement, Facebook is:
- barred from making misrepresentations about the privacy or security of consumers' personal information;
- required to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences;
- required to prevent anyone from accessing a user's material more than 30 days after the user has deleted his or her account;
- required to establish and maintain a comprehensive privacy
program designed to address privacy risks associated with the
development and management of new and existing products and services,
and to protect the privacy and confidentiality of consumers'
information; and
- required, within 180 days, and every two years after that for
the next 20 years, to obtain independent, third-party audits certifying
that it has a privacy program in place that meets or exceeds the
requirements of the FTC order, and to ensure that the privacy of
consumers' information is protected.
The proposed order also contains standard record-keeping
provisions to allow the FTC to monitor compliance with its order.
Facebook's privacy practices were the subject of complaints
filed with the FTC by the Electronic Privacy Information Center and a
coalition of consumer groups.
The Commission vote to accept the consent agreement package
containing the proposed consent order for public comment was 4-0. The
FTC will publish a description of the consent agreement package in the
Federal Register shortly. The agreement will be subject to public
comment for 30 days, beginning today and continuing through December 30,
2011 after which the Commission will decide whether to make the
proposed consent order final. Interested parties can submit
comments online
or in paper form by following the instructions in the "Invitation To
Comment" part of the "Supplementary Information" section. Comments in
paper form should be mailed or delivered to: Federal Trade Commission,
Office of the Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue,
N.W., Washington, DC 20580. The FTC is requesting that any comment
filed in paper form near the end of the public comment period be sent by
courier or overnight service, if possible, because U.S. postal mail in
the Washington area and at the Commission is subject to delay due to
heightened security precautions.
NOTE: The Commission issues an administrative
complaint when it has "reason to believe" that the law has been or is
being violated, and it appears to the Commission that a proceeding is in
the public interest. The complaint is not a finding or ruling that the
respondent has actually violated the law. A consent agreement is for
settlement purposes only and does not constitute an admission by the
respondent that the law has been violated. When the Commission issues a
consent order on a final basis, it carries the force of law with
respect to future actions. Each violation of such an order may result
in a civil penalty of up to $16,000.
The Federal Trade Commission works for consumers to prevent
fraudulent, deceptive, and unfair business practices and to provide
information to help spot, stop, and avoid them. To file a complaint in
English or Spanish, visit the FTC's online
Complaint Assistant
or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into
Consumer Sentinel, a secure, online database available to more than
2,000 civil and criminal law enforcement agencies in the U.S. and
abroad. The FTC's website provides free information on a variety of
consumer topics. Like the FTC on
Facebook and follow us on
Twitter.
- MEDIA CONTACT:
- Claudia Bourne Farrell
Office of Public Affairs
202-326-2181
- STAFF CONTACT:
- Laura Berger
Bureau of Consumer Protection
202-460-8364"