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The New Facebook Ads - Another Privacy Debacle?

privacyprof writes "Facebook recently announced a new advertising scheme called 'Social Ads.' Instead of using celebrities to hawk products, it will use pictures of Facebook users. Facebook might be entering into another privacy debacle. The site assumes that if people rate products highly or write good things about a product then they consent to being used in an advertisement for it. Facebook doesn't understand that privacy amounts to much more than keeping secrets — it involves controlling accessibility to personal data. 'The use of a person's name or image in an advertisement without that person's consent might constitute a violation of the appropriation of name or likeness tort. According to the Restatement (Second) of Torts 652C: "One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy."'"

201 comments

  1. Ya by moogied · · Score: 4, Insightful
    Man nothing would be worse then ad's targetting me on a website where I put my full name, school, work, a list of friends, a list of likes and fears, and pictures of myself.

    Those bastards.

    --
    So basically, -1 troll/offtopic is really slashdots way of saying "I hate that you thought of something before me."
    1. Re:Ya by Bloodoflethe · · Score: 1

      If by "targeting you" you mean using you to target others, then yeah.

      --
      "Little is much when little you need."
    2. Re:Ya by Brian+Gordon · · Score: 2, Informative

      Come on social network users, you know what you were getting into when you filled out all of those boxes.. don't tell me it didn't cross your mind that companies would pay billions for that data.

    3. Re:Ya by Mrs.+Grundy · · Score: 4, Informative

      I don't think you get what is going on here. It is not targeting ads to you. It is targeting ads to others using you as an unpaid spokesperson without your direct consent (or consent in the small print of the TOS). In the example on the facebook site, a person who liked the movie 'Top Gun' has their image being used to advertise Blockbuster. I'd be pretty pissed to find my face on a Blockbuster or Walmart ad just because I liked a product that one of these companies wants to sell. I think it is all pretty unseemly.

    4. Re:Ya by iago-vL · · Score: 1

      Why make billions when you can make.... millions?

    5. Re:Ya by Anonymous Coward · · Score: 0
      Man nothing would be worse then ad's targetting me on a website where I put my full name, school, work, a list of friends, a list of likes and fears, and pictures of myself.

      Those bastards.

      Damned right. Just yesterday, there was a PBS radio program on an issue related to this. In Iowa, a waitress (usual stats -- single mom [automatic sympathy mod points, without further investigation, naturally], holding down two or three jobs) was involved in a TV interview about Hillary Clinton's visit to her workplace some months back. Despite a still-disputed claim over whether tips were left for her and the rest of the help, she said some complimentary things about Hillary and said she might even vote for her. Unfortunately, a nursing home (mostly bastards anyway, from all I've ever seen of them), where her second job was, had a director who does not like Hillary. Consequently, the single mom's assigned hours at the nursing home were cut to nearly zero, so she's now looking for a different second job.

      What the hell is with people anyway? Years ago, when Kennedy became president, my mother, a Catholic, was working in a fairly low level position at an Episcopal hospital. After the election, one of the Episcopal doctors who had been moderately friendly in the past quit talking to her for some years following.

    6. Re:Ya by Anonymous Coward · · Score: 0
      Man nothing would be worse then ad's targetting me on a website where I put my full name, school, work, a list of friends, a list of likes and fears, and pictures of myself.

      Yep, but I bet the shits buried permission to do this on page thirty two of the EULA, the one than can only be viewed in a two inch by three inch scrolling box. You know, the part where they say you agree that you've never heard of the Constitution and will anyway never attempt to enforce any of its provisions against them.

      It's getting to where we need a further amendment that says the Constitution applies equally to business management. Stop this bullshit excuse they always use, saying that the Constitution only limits how the government can fuck you over, but it's perfectly alright for a business, or a single power-mad, out-of-control manager, to piss on your rights, including forcing you to sign away all your normal civil rights, including your rights to meaningful due process and free speech.

      Just a day or so ago, there was a story on the radio about the now nearly universal requirement for arbitration when dealing with banks, HMOs, credit card companies, etc. Sure, the "agreement" (pounded up your ass if you want to conclude the most minor business transaction) specifies that the arbitrator be "mutually agreeable", but it's well known that there will never be "mutual" agreement on any arbitrator who doesn't have a strong record of decisions in favor of the business client. The arbitrators know damned well which side their bread's buttered on and which side your asshole is buttered on

      Same as the housing appraisers now under scrutiny for kowtowing to the lenders by over-appraising houses to boost loan sizes. Now, as the credit fiasco plays out, people find that their existing loan balance far exceeds an honest appraisal of the house's value.

      Always remember, even if you go to a real estate broker to help you find a house, they're still paid by, and legally bound to represent, the buyer, not you.

    7. Re:Ya by Anonymous Coward · · Score: 0

      I shouldn't have rated that gerbil so high.

    8. Re:Ya by jibjibjib · · Score: 1

      It's more like they're putting targeted ads next to a notification to your friends that they would have received anyway. It doesn't really have much in common with having your image stolen and being used as an "unpaid spokesperson" in a public advertising campaign.

    9. Re:Ya by jkmiecik · · Score: 1

      See, but it does. They attached MY face to an ad. Believe it or not, I haven't declared fair use of images of myself.

    10. Re:Ya by Anonymous Coward · · Score: 0

      If my likeness were used to endorse Walmart because I had said I like Top Gun, I would sue for libel. They're accusing my of supporting a particular organization which I actively oppose. By using my likeness to endorse that organization, they're clearly implying that I stated that I support that organization, which is both false and damaging to my character.

    11. Re:Ya by Kaki+Nix+Sain · · Score: 1

      The real problem seems to be the specificity of the ads. The ad in the example seems to assume that if you like foo, then you are ok with some particular way of getting foo. But that is a totally false assumption. If they could make these ads way more specific, would you still have a problem with them (I don't think I would)?

      --

      (C) Kaki Sain, 2011. By reading this, you have illegally copied my property to your brain.

  2. As long as the users don't care... by explosivejared · · Score: 1, Informative

    As long as the users don't care I don't see the problem. Think about a lot of the people that use facebook. This is they're dream. They seek attention constantly with bawdy pictures and things. As long as facebook refrains from using pictures of users that have restricted accounts, I could see this being a bonus for particularly attention seeking users.

    --
    I got a catholic block.
    1. Re:As long as the users don't care... by Donniedarkness · · Score: 3, Insightful
      Most facebook users I know don't really care about any "attention" they may get through the site. They use it to easily send messages to friends and keep in touch with people from their old high schools (I live on a college campus).

      Yes, you sometimes see people with crazy pictures, but there are very few of those, from what I've seen.

      --
      Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
    2. Re:As long as the users don't care... by ShieldW0lf · · Score: 2, Insightful

      I would go so far as to say that such referrals and recommendations, coupled with the capacity to gauge the character of those recommending, is all the advertising the world needs.

      If the scheme were fully transparent and held by a not-for-profit group, instead of privately held and administered behind closed doors, this would be great.

      Privacy is overrated. We should ditch it.

      --
      -1 Uncomfortable Truth
    3. Re:As long as the users don't care... by epee1221 · · Score: 3, Informative

      As long as facebook refrains from using pictures of users that have restricted accounts, I could see this being a bonus for particularly attention seeking users.
      As I understand it, these ads will be displayed by the news feed page, which aggregates information from your friends' recent activity. Only people's friends would be able to see them in ads.
      --
      "The use-mention distinction" is not "enforced here."
    4. Re:As long as the users don't care... by Anonymous Coward · · Score: 2, Interesting

      Privacy is overrated. We should ditch it.
      You feel free to ditch your own privacy if you like. But don't you FUCKING DARE force everyone else to do the same.
    5. Re:As long as the users don't care... by Anonymous Coward · · Score: 0

      Yes, you sometimes see people with crazy pictures, but there are very few of those, from what I've seen.
      You must visit facebook with your eyes closed.
    6. Re:As long as the users don't care... by Anonymous Coward · · Score: 0

      I'm prepared to fight you to the death over it. Just so you're aware.

    7. Re:As long as the users don't care... by xZgf6xHx2uhoAj9D · · Score: 2, Interesting

      How do you propose to do that? I'm with the OP: a transparent society is inevitable. Privacy as a natural phenomenon can't really exist; it's a purely social phenomenon. The further we progress, the harder it is to enforce. We can continue to ask for the illusion of privacy, and give more power to those who are too dishonest to respect privacy. Personally I'm of the camp that we should embrace the transparent society. At least that way there's some equity.

    8. Re:As long as the users don't care... by blowdart · · Score: 1

      Or have really boring friends like me. So for those of us whose facebook friends are mostly fellow geeks could someone please share the profiles of hot girls with bawdy pics. For "research" purposes obviously. ktnxbai.

    9. Re:As long as the users don't care... by Courageous · · Score: 1

      Disregarding whatever the wiggle waggle is about the legality of the affair, arguing that presenting information about a facebook user is a privacy violation is beyond idiotic. The information is already oh-so-not private.

      C//

    10. Re:As long as the users don't care... by Captain+Splendid · · Score: 1, Interesting

      I've been reading your anti-privacy posts for a while now. I hope to god you're trolling.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    11. Re:As long as the users don't care... by phantomcircuit · · Score: 1

      You need better friends then

    12. Re:As long as the users don't care... by YrWrstNtmr · · Score: 2, Insightful

      Personally I'm of the camp that we should embrace the transparent society. At least that way there's some equity.

      Ok, let's go for it.
      You first.

    13. Re:As long as the users don't care... by ShieldW0lf · · Score: 1

      How about we start with public spaces and details regarding the internal operation of all governmental, incorporated and non-profit organizations, and move forward from there?

      --
      -1 Uncomfortable Truth
    14. Re:As long as the users don't care... by xZgf6xHx2uhoAj9D · · Score: 2, Insightful

      Indeed. It may seem a bit paradoxical, but in order for a transparent society to have any merit, the watchers must be the first to be watched.

    15. Re:As long as the users don't care... by MozeeToby · · Score: 1

      Step 1: Make fake profile of my enemy
      Step 2: Sign profile up to advertize bladder control products
      Step 3: ???
      Step 4: Profit!!

    16. Re:As long as the users don't care... by ShieldW0lf · · Score: 1

      No, I'm not trolling. I give clear justifications for why I take that position, and always have. I don't know how any rational human being could possibly think that I was trolling, being that I didn't say anything even vaguely offensive to any individual or group.

      Why did I get modded troll for my reasoned position, yet you got modded +5 insightful for wondering aloud if I am trolling? Because Slashdot is about politics just like everything else, and those who have opposing politics would rather gather their buddies together with anonymous posts as flag markers, then moderate those with opposing views into obscurity without ever revealing they exist.

      Kind of a microcosm of the real world.

      --
      -1 Uncomfortable Truth
    17. Re:As long as the users don't care... by Captain+Splendid · · Score: 1, Insightful

      Kind of a microcosm of the real world.

      Yeah, yeah. Heard it a million times. You're still here though, so you're not that pissed.

      As for the reason I wrongly believed you were trolling is that I find it hard to believe anybody would advocate what you are advocating. I strongly approve of high levels of transparency when it comes to governmental entities, but your posts have given me the distinct impression that you view privacy, at any level and for any reason, as unnecessary and detrimental.

      Now, obviously I haven't caught all your posts on the subject, so correct me if I'm wrong. Otherwise, you're freaking me out. Do you really need to know that I jerk off to a signed picture of Margaret Thatcher?

      --
      Linux, you magnificent bastard, I read the fucking manual!
    18. Re:As long as the users don't care... by Mr.+Slippery · · Score: 1

      Privacy is overrated. We should ditch it.

      Great. I'll be by this evening to install all the webcams in your home and car. Some voyeurs will pay to watch anyone.

      Of course, they'll be paying me, not you; just like these Facebook ads benefit it, not members.

      But hey, you don't care, so why shouldn't I profit?

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    19. Re:As long as the users don't care... by ShieldW0lf · · Score: 1

      Privacy is overrated. We should ditch it.

      Great. I'll be by this evening to install all the webcams in your home and car. Some voyeurs will pay to watch anyone.

      Of course, they'll be paying me, not you; just like these Facebook ads benefit it, not members.

      But hey, you don't care, so why shouldn't I profit?


      Property rights is an entirely different discussion.

      I would love it if you could stick some wireless cameras across my neighbourhood in some sort of mesh network that I could access. Our car has been broken into twice now, same with two of my neighbours. I'd like it if we could catch the guy who did it and get him some help.

      Or is that not sexy enough for you?

      --
      -1 Uncomfortable Truth
    20. Re:As long as the users don't care... by Anonymous Coward · · Score: 0
      Privacy is overrated. We should ditch it.

      Then you don't mind telling us how much your salary is? Where do you spend most of your money? Where do you live? etc.

    21. Re:As long as the users don't care... by Anonymous Coward · · Score: 0
      Privacy is overrated. We should ditch it.

      You stupid bitch, there is no freedom without privacy! Do you want to lose your freedom?

      Facebook is a govt front website designed to spy on all citizens. If you compile facebook, ssn, google search, credit cards and other similar info, there is not much privacy left. Anyone smart enough will not put real personal info into facebook.

  3. Every time! by ijustam · · Score: 1

    This happens every single time Facebook debuts a new feature. X amount of people go completely bonkers. A few weeks, maybe months, later everyone goes back to not caring.

    1. Re:Every time! by Tyrsenus · · Score: 1

      Not entirely correct. Facebook's history suggests that when a new feature is implemented, they automatically enroll all users without a way to turn it off. This happened with the mini-feed: initially there was no way to restrict or opt-out your information from being displayed in others' feeds. After much ado, they added privacy settings and now you can choose which or any information will show up in your friend's feeds.

      It appears this may have happened again; Facebook doesn't seem to be fully disclosing the consequences of rating a product, and doesn't allow the user to rate the product without potentially using their picture and information in an advertisement.

    2. Re:Every time! by telbij · · Score: 1

      Good point, but grandparent is still a bit more clairvoyant than all the privacy conspiracists around here (whom I know and love, and I know we need!). Facebook has toed the line since the beginning, and they have always done a spectacular job. Of course there's a huge uproar in the tiny geek communities that pay attention to these details, but Facebook knows how to do cool features without crossing over the annoyance threshold of most users. Sooner or later they may go too far, but this doesn't smell like it.

      Plus, the ability to interact with corporate entities is exactly what Facebook has been missing. Don't think Sprite, think Radiohead. Facebook finally has the one thing that MySpace still had over them. If the ads are kept to a reasonable noise level then there is real user value here.

    3. Re:Every time! by owlnation · · Score: 1

      This happens every single time Facebook debuts a new feature. X amount of people go completely bonkers. A few weeks, maybe months, later everyone goes back to not caring.
      Very true. It does happen with every single feature. Which makes me wonder -- are the Facebook viral Marketing people really that good, or is the Facebook user base a shallow, reactionary attention-seeking bunch?

      Imagine for a moment the good that all that hot air and organized citzenry could do. And look what they actually do -- every time. What a total waste.

      Spend the money on SETI and get me off this stupid rock!!!
  4. Facebook is public by Harmonious+Botch · · Score: 2, Insightful

    The site assumes that if people rate products highly or write good things about a product then they consent to being used in an advertisement for it. No. The site assumes that if you post something about a product where the whole world can see it, then you consent to being used in an ad. Which seems quite reasonable to me. ( As an example, by writing this post on slashdot, I am implicitly giving the whole world permission to say "H Botch says that the above quote is stupid".)
    1. Re:Facebook is public by cybermage · · Score: 3, Insightful

      The site assumes that if you post something about a product where the whole world can see it, then you consent to being used in an ad.

      That's an assumption that will get them sued. There are laws and legal precedence about using people's likenesses without their consent. Just because you say you like a product or service in public it does not give anyone the right to use that as a commercial endorsement of the product or service. If it were so, you'd see celebrities constantly hounded to give their opinions on products hoping to use their response in advertising.

    2. Re:Facebook is public by Storlek · · Score: 1

      No, it's really more akin to saying "H Botch thinks the above quote is stupid, oh and buy our product so we can get more money."

      I don't use Facebook, but I'd personally object much more to the fact that they're making money off of my picture (and not forwarding one thin dime of the profit onto me) than that people are using my picture for anything.

      --
      Bears don't normally eat things that talk and move backwards.
    3. Re:Facebook is public by ericrost · · Score: 4, Informative
    4. Re:Facebook is public by NickCatal · · Score: 1

      But it is even more controlled than that. It is more to advertise to your friends saying "Hey, your friend Nick just did xyz and said abc about it" rather than "Here is this random guy named Nick and he just did xyz and said abc about it"

      Which makes a lot of sense to me as both a consumer and as a possible advertiser. ESPECIALLY if I am advertising my local company or service. (Nick just used Moe's Dry Cleaning, where you can get your clothes dry cleaned for a low price.")

      --
      -nick
    5. Re:Facebook is public by Anonymous Coward · · Score: 0

      No. The site assumes that if you post something about a product where the whole world can see it, then you consent to being used in an ad. Which seems quite reasonable to me.
      H Botch says that the above quote is stupid.
    6. Re:Facebook is public by dnormant · · Score: 5, Informative

      More specifically (from your link)

      "When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

    7. Re:Facebook is public by ericrost · · Score: 0, Redundant
    8. Re:Facebook is public by acaila_edhel · · Score: 1

      You must not use Facebook. The whole thing behind Facebook is that the only people who can see your profile is users you have tagged as "Friends" The whole world can't see what you have written, just your friends.

      Now if Facebook is going to take that close knit aspect and destroy it, they've just given up the one thing that made them stand out, the ability to limit which other people can see your personal information.

    9. Re:Facebook is public by vic-traill · · Score: 1

      Bingo! You have granted them a non-exclusive license to use any part or all of your content for any purpose they are so inclined to fulfill. And even though the license expires

      automatically upon removal of your content, you 'acknowledge' (and I'm not really sure what that means in a legal sense ... does it agree or grant permission?) that the Company may retain your content as 'archived copies' (whatever the hell that means).

      The best part of this is that the Terms of Use may change at any time and the user is obliged to discover this via their own review process:

      It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

      Continued use of the service after changes to the ToS constitutes your acceptance. Why do people continue to accept these bullshit terms?

      Have at it if you dig the service, folks. But these laments about features or process added to the Facebook experience are getting old and tired - you signed it all away, why are you surprised?

      IANAL, but a common assertion on /. is that just because a ToS or EULA asserts something doesn't mean that it is enforceable or binding. Any lawyers out there to confirm/deny this?

      --
      [17] Leary, T., White, C., Wood, P. R., Bhabha, W. D., and Wirth, N. Lambda calculus considered harmful. In Proceedings
    10. Re:Facebook is public by Estanislao+Mart�nez · · Score: 1

      No. The site assumes that if you post something about a product where the whole world can see it, then you consent to being used in an ad. Which seems quite reasonable to me.

      The only problem is that it's illegal. You know, it says right in the submission.

    11. Re:Facebook is public by Anonymous Coward · · Score: 0

      Nowhere in there does it say that Facebook may use your name or likeness to promote or endorse third-party products or business. That's something that they require very specific permission to do; e.g., for commercial use of your likeness, the publisher often needs to obtain a model release from you. They've not given you any compensation in exchange for the use of your image to promote the third party products or services; such compensation is commonly a legal requirement for a model release to be valid.

      Also, there are codified torts against using somebody's name to promote or endorse a product. The Terms of Service are a contract, but a contract, to be safe, really should enumerate all of the rights you're forfeiting by entering into it--for example, the right to refuse to allow your name and likeness be used to promote a commercial product or service.

    12. Re:Facebook is public by Anonymous Coward · · Score: 0

      If the license is irrevocable, how can it expire?

      Sounds like legalese designed to suggest the users can always cut and run if they don't like what facebook does, but with sufficient wiggle room so facebook can continue legally using the material anyway.

    13. Re:Facebook is public by Estanislao+Mart�nez · · Score: 1

      If the license is irrevocable, how can it expire?

      The license can expire by virtue of the explicit conditions show in the terms of service. "Irrevokable" means that you can't arbitrarily cancel the license. The only mechanism for the license to stop holding are the conditions stated in the copyright grant.

      You're reading it wrong. To put content into Facebook, you must grant a license for that content for as long as it is in their site, and the moment the content is no longer in their site, the license expires. What you may not do is revoke the license while the conditions still hold, i.e., while the content is still on the site.

    14. Re:Facebook is public by Anonymous Coward · · Score: 0

      Sounds like if Facebook tries to sub-license user content for advertising purposes and the user removes their content, the sub-license holder immediately cannot use the content any longer. No one would go for paying money for that.

  5. Sounds Familiar by mastershake_phd · · Score: 2, Interesting

    Sounds a lot like the case when Virgin Mobile used a photo of a person from Flickr that was uploaded under "an Attribution Licence, which the Creative Commons website explains, will let others copy, distribute and display your photo and derivative works based upon it, provided they give credit the way you request."

    http://www.out-law.com/page-8494

    1. Re:Sounds Familiar by sammy+baby · · Score: 2, Insightful

      (IANAL)

      I think you're a bit off on this one. In the Flickr / Virgin Mobile case, the problem revolves around whether the photo had the appropriate attribution. Copyright over the image was never in question.

      In this case, the question is who owns the content of that review. If I post a positive review of something on a site, with a picture of me, do I retain the copyright over my review? And just as importantly, can my image be considered part of the review? If Facebook owns the copyright, and the image of the author is part of the review, I would think that Facebook can sell the use of it to the vendor as they see fit.

    2. Re:Sounds Familiar by mastershake_phd · · Score: 1

      Well I think it all comes down to whatever is in the Terms of Service you agree to.

    3. Re:Sounds Familiar by nibbles2004 · · Score: 1

      Don't forget Mr Sparkle, which actually was the eyes of a fish and a light bulb and pure coincidence

  6. Would them uploading their pictures by Liquidrage · · Score: 1

    to facebook, combined with some legal mumbo jumbo, potentially give facebook the right to use those pictures?


    You agree to let facebook use any pictures uploaded for yadda yadda yadda...
    *I agree*

    Hey, no fair! You're using my picture.

    I really don't see this as similar to, say, me going around and taking pictures of people and using them without consent.

    1. Re:Would them uploading their pictures by kebes · · Score: 2, Interesting

      To give a more extreme example, if Facebook decided to use people's profile pictures, and Photoshop their heads on the bodies of naked people... would that be okay? Probably not. No amount of EULA mumb-jumbo or implied consent would make that legally permissible, both because of the particular laws that apply to things like modeling (especially adult modeling) and because any court would agree that this exceeded a "reasonable expectation" of the rights the user was granting to Facebook.

      Now, in the case of this ad situation, I'll admit it's a bit less clear, but similar logic applies. There are special laws when it comes to endorsement, advertising, and commercial use of a person's likeness. Moreover, I think most courts would agree that this exceeds the "reasonable expectation" of what rights the user was granting when they signed onto Facebook.

      I don't think this is an idea Facebook should pursue (unless it is explicitly opt-in), because doing it without permission opens the door to a class-action lawsuit. No amount of legalese in a click-through agreement can over-ride the common sense of a judge who can plainly see that people didn't intend for this to happen when they signed up for the service.

    2. Re:Would them uploading their pictures by Fear+the+Clam · · Score: 1

      To give a more extreme example, if Facebook decided to use people's profile pictures, and Photoshop their heads on the bodies of naked people... would that be okay?

      From what I've seen of the dimwits on Facebook, so long as the bodies were "cute" or "hawt" the owners would be pretty psyched.

    3. Re:Would them uploading their pictures by fatalfury · · Score: 1

      FWIW I've yet to see an advertisement so extreme using a photo of one of my friends. All that has appeared so far is the following lines of text:

      "Firstname Lastname" just installed the Video Games application. If you like video games you should install this application too.

      "Firstname Lastname" is a fan of Motorola Razr.

      ...with links to said products/services. I have yet to see any photos whatsoever in the news feed with regard to advertisements.

    4. Re:Would them uploading their pictures by Culture20 · · Score: 1

      I know Corey Shields (of the ubiquitous Splunk ads here on /.), and it was a little jarring to see someone I knew (who's not famous) in an ad. Of course, there was the "hey, did you see corey in the splunk ad?" craze amongst his former coworkers, but I don't know how I'd react if my "friends" on facebook started hawking warez at me.

  7. Definition of privacy by elwinc · · Score: 4, Insightful

    Post is 100% right. The definition of privacy is control of personal information. Secrecy is one means of control, but not the only one. Things like the "do not call" list are implementations of privacy by other means; i.e. they have your personal information, but you can still prevent them from using it by calling. Credit card and bank account info are also private: you give your CC# to a vendor and the vendor is only allowed to use it for the purpose of that transaction. Facebook apparently fails to appreciate the distiction between privacy and secrecy. They need to understand the magnitude of their error.

    --
    --- Often in error; never in doubt!
    1. Re:Definition of privacy by explosivejared · · Score: 1

      The fact that facebook and privacy can be mentioned in the same sentence without the "lack of" somewhere in the mix is crazy. Facebook, for the most part, is a place to post information about yourself for the community to see. That is fundamentally in contrast with the practice of privacy. "Another privacy debacle?" Please, people know privacy is not something you're getting with social networking.

      --
      I got a catholic block.
    2. Re:Definition of privacy by Mr.+Slippery · · Score: 1

      Facebook, for the most part, is a place to post information about yourself for the community to see. That is fundamentally in contrast with the practice of privacy.

      Nonsense. Facebook is purported to be a place to post information that you choose to post about yourself for the members of the community you choose to see. Social networking doesn't mean telling the world every detail of your life (unless that's what you want to do); it's about telling the people you choose, what you choose.

      Facebook's privacy policy says "You should have control over your personal information." If they were to use people's images in advertising without permission, they would be in violation of that policy, and ought to be sued into oblivion.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    3. Re:Definition of privacy by Liquidrage · · Score: 1

      And you choose to give them the rights to use your photos when you post them there. You bolded "choose" a few times. What you're missing if these people all "choose" to upload their stuff to facebook and that when they created their accounts they agreed to give facebook the right to use their images.

  8. Users Choose by rueger · · Score: 4, Interesting

    I find the Facebook privacy stories frustrating because they seem to always ignore one thing - in almost every case the Facebook user decides how much information to make public, to whom, and which applications to install.

    Facebook actually does a pretty good job of giving users control over their information and arguably is transparent about the ways that it may be used. That's more than a lot of e-commerce sites can claim, and in an age of spam-bots and the like probably commendable.

    And ultimately it is optional, you have to choose to sign up.

    1. Re:Users Choose by Anonymous+Brave+Guy · · Score: 1

      I find the Facebook privacy stories frustrating because they seem to always ignore one thing - in almost every case the Facebook user decides how much information to make public, to whom, and which applications to install.

      Sorry, but that's just not true.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Users Choose by telbij · · Score: 2, Interesting

      Your cited post says nothing to contradict the grandparent. Facebook offers impressive privacy controls, and they work better than anything else out there. The fact that they don't offer fine-grained control in one particular area, or they release a new feature that uses information in new ways the user didn't expect, doesn't mean their privacy controls are bogus. Bottom line is there are a lot privacy puritans who will see any kind of personal information database as a conspiratorial slippers slope, but Facebook has done a pretty good job so far.

      If you think about it from the perspective of someone who likes the idea of social networking, but doesn't want it to be a crazy fucking free for all like MySpace, then Facebook is actually a pretty decent service. Let's not sound the bullhorns until they do something a little more obviously wrong. I think we have greater privacy in todays world than Facebook.

    3. Re:Users Choose by Half-pint+HAL · · Score: 1

      And ultimately it is optional, you have to choose to sign up.

      Is it though? The social networking business model (pre-OpenSocial) was a parasitic, viral one. Every network wanted to make themselves indispensible. If Facebook is the only way to access your friends' photos, you sign up.

      Was this argument ever explored legally with regards to software click-wrap licenses? EG. I needed AutoCAD because my colleagues work with it, but I didn't get to negotiate terms.

      HAL.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    4. Re:Users Choose by keithjr · · Score: 2, Interesting

      in almost every case the Facebook user decides how much information to make public, to whom, and which applications to install.

      Were you around when they first introduced the Facebook Feed? For those who don't use Facebook, this the system that functioned a lot like an RSS feed, broadcasting changes in all your friends' profiles to you when they happen. And, of course, vice versa. It was rolled out without warning and just started working on day, to many people's surprise.

      Despite that fact that all of that information is readily available if people browse each others' profiles. But, the idea that all of their activity was being broadcast, without filter, to everybody on their Friends list horrified a great many people. It became a bit of a debacle, paranoid college kids calling it "Stalkerbook." Shortly after the rollout, the Facebook team added Privacy controls to limit what appears on said Feed, and issued a public apology.

      So Facebook actually has a pretty bad track record when it comes to giving the user choice. This latest move is another example of their blatant disregard for their user base; implementing a money-grabbing feature without properly addressing the users' wishes.

    5. Re:Users Choose by Anonymous Coward · · Score: 0

      Of course. I always respectfully decline any invitations I get from (real life) friends to join Facebook/Myspace or whatever, for exactly those privacy concerns. Most people don't have these concerns though and for data miners these social networking sites are a dream come true because it is quite possible that people's login on that site might correspond with their login for slashdot, eBay, amazon, some (special) forums they visit etc. People don't know how much somebody with enough time and effort can find out given that all the information is there already in a readily computer processable format.

      Imagine an algorithm that takes all the information obtained from those sites and forums, then calculates the probability of each piece of info for a corresponding identity (e.g. Facebook login) and then spits out the most likely psychological profile, including political leanings, consumption patterns, sexual preferences and maybe even the meatspace address.. - People are oblivious to these concerns because nothing has happened yet.

    6. Re:Users Choose by Anonymous Coward · · Score: 0

      If you remove an app from FB, your user data is not removed from that app and is still shown to your friends - is this OPTIONAL?

  9. I think this could be fine by Ferris+Ford · · Score: 1

    All they would really need is consent. If facebook wants to use a picture, then email that user asking for permission. There would likely be some people who don't wish to have a picture used, like if you were holding a beer and are under 21, but there are others who would be fine with it. This would be easier if they just paid people $20 for every picture they used, lots of consent and cheap ads.

  10. They can add that consent clause to their TOS by madhatter256 · · Score: 1

    Facebook, and its owner can simply put that consent for these ads into their Terms of Service agreement for new and existing users. Simple as that.

    --
    Previewing comments are for sissies!
  11. Ahem, from the terms of use: by ericrost · · Score: 4, Insightful

    "When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

    So, you gave them permission, good luck fighting it.

    Suckers.

    1. Re:Ahem, from the terms of use: by Liquidrage · · Score: 2, Insightful

      Good job. That's what I was wondering a few posts up from yours and just was too lazy to go look up their ToS.
      This doesn't seem like a privacy issue. It seems like a "you're using their service for free issue. Deal with it or leave" issue.

      Seems like the same people that complain about this are the same types that cry freedom of speech when posting stupid crap on a private forum.

    2. Re:Ahem, from the terms of use: by ericrost · · Score: 1

      Yeah, I PROBABLY should have just responded to your post, but I didn't want it buried down in replies since it was a salient point to the whole conversation :)

    3. Re:Ahem, from the terms of use: by saterdaies · · Score: 4, Informative

      Not quite. So, my friend Amy posts a picture of the two of us on Facebook as her profile picture. She has given Facebook a license to that photo. That's what the agreement stipulates. First, if Amy didn't take the photo, she might not own the rights to it and Facebook could be sued for copyright infringement. Yeah, they have that clause saying that you warrant that you have the rights to post it, but that simply won't hold up if they're sublicensing it. Sites can't be sued for what their users post, but then if they start sublicensing it in an intentional manner, it gets a lot more blurry. Second, and this one is a lot more air tight, the agreement does NOT include a clause granting endorsement rights. As the original post said, that is very different from copyright rights. Amy might own the copyright on many pictures of me. She does NOT have the right to license my image and likeness for the purposes of endorsement. She has the right to post the picture and even to give Facebook the right to use the image how they see fit as long as it isn't considered using the image/likeness as an advertisement or the like.

    4. Re:Ahem, from the terms of use: by WinterSolstice · · Score: 1

      The terms above are clear, but there are still gray areas to this. I think it will expose them to a lawsuit.

      Content may be too vague, and the terms do not read like a model consent form at all. I expect it will get its day in court :)

      --
      An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
    5. Re:Ahem, from the terms of use: by Hells · · Score: 1

      Don't underestimate the stigma and peer pressure forcing people on such sites. While I agree we have a certain responsibility ourselves, I'm not going to remain idle while the monster tramps on those who's only crime is not reading omni-power-granting licenses from the start to the end, or for those who do, accepting it based on the common fact that it will rarely be invoked. All this corporate phishing to sign away our basic rights is basically pissing on the constitution. I demand revolutionary battle!

    6. Re:Ahem, from the terms of use: by ericrost · · Score: 1

      "and you represent and warrant that you have the right to grant"

      To CTA so that its back on the user if they don't, because they made a false representation.

      "and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof,"

      Umm.. that's not included in ANY PURPOSE ON THE SITE?

    7. Re:Ahem, from the terms of use: by Mr.+Slippery · · Score: 2, Informative

      So, you gave them permission, good luck fighting it.

      From their Privacy Policy:

      1. You should have control over your personal information. Facebook helps you share information with your friends and people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join. And you control the users with whom you share that information through the privacy settings on the My Privacy page.

      Using people's personal information in advertising is a violation of this policy. So, yes, you will have good luck in fighting it.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    8. Re:Ahem, from the terms of use: by Registered+Coward+v2 · · Score: 2, Informative

      Another thought:

      You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

      As soon as you see your content being used for advertising, you can remove it and thereby automatically revoke Facebook's right to use it. that could be a logistical nightmare; and why would any company open themselevs up to a suit simply becasue tehy did not know that the license has expired?

      --
      I'm a consultant - I convert gibberish into cash-flow.
    9. Re:Ahem, from the terms of use: by fatalfury · · Score: 1

      I think they are still covered because you have the option to disable the advertisements news feed if you wish. In fact, when you say you like a product or service you are taken to a confirmation screen that asks if it's okay to post this item in your news feed. So, that's actually pro-actively making users aware, since most users don't bother to wade through all the privacy settings.

      Facebook might be upsetting some privacy hounds with this new service, but I don't think they are breaking any laws. The market will just have to decide whether this is an acceptable use of their site, and I don't think that will be a problem because the benefits of Facebook outweigh the privacy drawbacks for most users.

    10. Re:Ahem, from the terms of use: by soulsteal · · Score: 1

      According to what you pasted you could sue them if they continued to use your image after you pulled it from Facebook. They reserve the right to keep archives, but the license granted by making the image available expirse as soon as the user removes it.

      This could get hairy if the ads are kept statically somewhere.

    11. Re:Ahem, from the terms of use: by Estanislao+Mart�nez · · Score: 1

      Umm.. that's not included in ANY PURPOSE ON THE SITE?

      Nope. The right to display an image as part of the regular operation of the site is not the same right as the right to use somebody's name or likeness to promote a product or service. The terms of service explicitly ask you to grant a license for the former; it uses the language specific to copyright: "license," "sublicense," "derivative work," "perform," "display," "reformat," "translate," "incorporate," etc. Yes, you've surrendered your right to sue Facebook for merely using your works, but this doesn't mean that they are allowed to use your works in a way that breaks the law or infringes on any other of your rights.

      Again, the right to use your name or likeness to promote or endorse a commercial product is a different right than copyright. Unless the terms specifically say that you've allowed Facebook to use your name or likeness in that way, they are not allowed to.

      The classic example of this: if I take a portrait of you, I hold the copyright to that photograph and can license and sublicense it to any party to the extent allowable by law, but nobody can use that photograph to promote a product without obtaining your permission through a model release. Just because I own the copyright to the picture of you, and just because I extend Acme Advertising Agency a license to use the photo of you that I took, doesn't mean they can stick your photo in a Blockbuster ad. The uses that can be made of the recognizable likeness of somebody have restrictions on them that are orthogonal to copyright.

  12. Unauthorized photos by PerfectSmurf · · Score: 1

    I've never visited Facebook so I have to ask, how do they control what photo is on your profile? Suppose I sign up and put Brad Pitt's photo up, are they manually checking photos to be sure they don't accidentally use Pitt's? Suppose I sign up and put my brother's photo up as mine, or my sister's, or a friend's, or another? How could anyone, much less any algorithm, at Facebook verify that the photo they are using is one they have a right to?

    --
    I smurf everything and everything I smurf is perfect.
    1. Re:Unauthorized photos by telbij · · Score: 1

      Same as any other website since the beginning of time. The user is responsible for what they do.

    2. Re:Unauthorized photos by Anonymous Coward · · Score: 0

      Ok, maybe my point isn't clear. If I put someone else's picture on my profile without their permission and Facebook blasts that to tens or hundreds of thousands of users then that person would be able to go after Facebook. The fact that I misappropriated the image would rarely save Facebook from a judgement, so rarely that they'd likely settle every time.

      Why? Facebook used the image commercially (I didn't). Facebook highlighted the association between the face and product and showed it widely. Facebook assumed but didn't verify that it had rights to the image. Facebook KNOWS that kind of misappropriation of images is frequent on the Internet. Facebook has the resources to contact and verify rights plus thousands of other users to choose from if it can't.

      Of course any company/product involved would suffer bad publicity and likely sue Facebook too. Now, most certainly the person harmed could turn around and sue me, as could Facebook or the advertiser, but if they won what would they get? My two year old computer? My 15 year old car? A judgement that would be discharged in bankruptcy court? Facebook has the resources so Facebook would face the lawsuits.

    3. Re:Unauthorized photos by telbij · · Score: 1

      I don't think they would ever use one photo widely enough for that to be an issue. Are they even using people's photos for that matter? I think it's just in newsfeeds (which don't include photos) and then only to your friends. Not totally sure on this, but I'm sure Facebook has thought carefully about this to avoid any glaring liability. I'm not saying it couldn't happen, but they're not idiots.

    4. Re:Unauthorized photos by knight24k · · Score: 1

      The problem lies in what some other users have mentioned. If you post someone else's picture, Facebook may have the right to copy the picture for other uses, but to use it in any advertising they must prove they have authorization to do so from the person pictured. They cannot verify that the person pictured is the user who posted it, so they can be held liable for its use since they are the one using it for advertising.

      Not only that but if the picture contains multiple people, they may have the rights to use the one image of a person associated with the user account (provided they can even prove that), but they have no rights at all to use images of the rest of the people contained in the photo.

      It all comes down to if they are using the images in advertising or not. If they are, they could be heading for some serious legal issues. Of course, IANAL so your mileage may vary.

    5. Re:Unauthorized photos by telbij · · Score: 1

      I would expect that legally there is some threshold of due diligence they need to take, but that they can't be held infinitely responsible for their user's fraudalent activity. A lot of this probably comes down to how expensive your lawyers are.

    6. Re:Unauthorized photos by knight24k · · Score: 1

      The users aren't the ones engaged in using the pictures in advertising, Facebook is. There is no requirement, that I can find, that the photos you upload are of yourself. It becomes their responsibility to determine the authorization, or lack thereof, if they are using the images in revenue generating activities. If all they are doing is re-presenting the pictures around other Facebook pages sans ads, that would be covered under the TOS. Once they progress to advertising with those pictures, that TOS is no longer sufficient to defend their use.

      The TOS doesn't mention anything about using images in advertising, and just because you or any user may have the rights to distribute an image that does not give you the right to grant authorization to use images in advertising of anyone other than yourself contained in those images unless you have written permission to do so and Facebook would need a copy of that release.

      Model releases are very specific about this. You cannot do an end around these requirements by claiming that user x agreed by clicking here that they had the right to distribute this image containing a picture of your client that we then used in an ad campaign. Distribution and use of image in advertising are not the same.

      Two issues here. The use of user photos coupled with advertising and reuse of user photos in other parts of the site. One is going to give them some legal issues the other will not. If Facebook does not require release documents for every photo containing a picture of a person that is uploaded, they cannot claim to have any rights whatsoever to use images of those persons in any advertising.

  13. This is fine by jonnythan · · Score: 4, Insightful

    You rate a product there, you are providing Facebook with your opinion of the product. You agree to let Facebook use this opinion any way they want. You've also agreed to let Facebook use the pictures you've uploaded.

    This conforms just fine with the user agreements. If you don't like it, don't use Facebook.

    1. Re:This is fine by Morkano · · Score: 1

      You rate a product there, you are providing Facebook with your opinion of the product. You agree to let Facebook use this opinion any way they want. You've also agreed to let Facebook use the pictures you've uploaded.

      This conforms just fine with the user agreements. If you don't like it, don't use Facebook. Or just don't review products there.
      --
      Victory or awesome!
  14. Sad, very sad.... by zappepcs · · Score: 1

    This story going public may be the first introduction to the phrase "online privacy" and its associated menagerie for most FaceBook users.

  15. And what if they start caring? Or about ex-users? by Anonymous+Brave+Guy · · Score: 2, Interesting

    Facebook are quite happy to collect information on anyone who has ever been a user, including identifying them in photographs, even if they closed their account immediately after discovering that the site is one big invasion of privacy. Facebook offer no mechanism for ex-users to permanently delete such information, nor to prevent others continuing to provide it after a user cancels their account (despite the fact that this is almost certainly illegal in many jurisdictions).

    So what next? Anyone whose friends group has ever mentioned a product on someone's wall is consenting to to any image of them tagged in a photograph by someone else without their knowledge being used in advertising? Anyone who once mentioned something privately to their friends in order to criticise it gets their face used to promote that thing to the world?

    There is just no excuse for this. It's exactly why I am the guy who quit Facebook almost as soon as I'd joined it. Facebook, like Google, is one of the biggest dangers to modern society. Society just hasn't realised it yet, and lets them get away with stuff because they present the appearance of a useful service. Pandora's box ought to be required reading in schools.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  16. New TOU? by davidsyes · · Score: 1

    There probably ought to be a new Terms of Usage suit to demand that users who favorably rate or rank products get discounts. There should be a system to verify the tracking previously mentioned to ensure that those who case a favorable uptick in product sales GET those discounts for sales they caused.

    There BETTER be an at-will re-rate/de-rate option, too, so that if one initially favorably rates a product and then later experiences an problem can re-rate or de-rate the product, AND still keep their discounts and bonuses. Considering how unscrupulous some manufacturers can be, it stands to reason that networking AND verification should be PARAMOUNT to prevent undeserved sales of products.

    Also, when the facebook (or other stores' sponsoring sites' members) rate products, if they are linked to each other, they should know (by choice) when collectively they like or dislike a product, why, what they'd do to fix it, etc. Sort of like the Flixster Movies application on Facebook. But, it needs to be set up with check boxes, radio buttons and free-form text entry fields. There should be a watchdog group to ENSURE that disgruntled manufacturers, resellers and middle-men/women don't have the opportunity to "bury" a bad product review and pretend nothing bad ever happened.

    AND, MOST importantly, the reviewers should be indemnified and held harmless from content in their review. They should be warned about libel/defamation/submission of known-false information, etc, and encouraged to be HONEST in their complaints, ideally with screenshots. Might (re)teach the public to regain its skills learned in school (compare/contrast/exposition/description/etc.)

    We have a plethora of SHITTY, undeserving, over-hyped, and unnecessary products out there, wasting resources, although these products generate jobs. But, scrupulous screening and rating of products would be an "artificial" form of competition to prevent or deter the introduction of parasitic, shitty, dangerous, or patent/copyright-infringing products or services.

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    1. Re:New TOU? by Anonymous Coward · · Score: 0

      no one is forcing anyone on facebook to post anything and by now everyone should know that anything posted on the internet is effectively anyones to do with as they please - privacy violations? - get real

    2. Re:New TOU? by davidsyes · · Score: 1

      UnderSTOOD, but there are a lot of predatory marketers out there. Just look at how many teenagers new to college are being heavily marketed by the credit card hawkers.

      If the technology to hawk to people is there then there should be safeguards hawked, too!

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  17. thats what these sites are all about by Anonymous Coward · · Score: 1, Insightful

    Social Networking sites are all about pissing on your privacy and going open on the street naked, shouting loud when talking to others so everyone can hear you and just sitting there and checking out other naked people on the ground.

  18. sounds like a great course of action by b96miata · · Score: 1

    Torts 652C: "One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy."

    Why has no one sued comcast for their forged RST's under this yet?

    1. Re:sounds like a great course of action by vux984 · · Score: 1


      Why has no one sued comcast for their forged RST's under this yet?

      1) Why don't you be the first?

      2) I think most people would agree its a very stupid legal theory.

      2a) What drugs make you think a forged rst is "your name or likeness" (you do know what your name is and what you look like right? Does an RST packet use your name or your face?)

      2b) What drugs make you think sending an RST packet is an invastion of your privacy? Do you get offended and litigious when your ISP pings your IP address too? When the construction company down the street cuts your phone lines... are you out on the lawn screaming privacy invasion?

      I'm not saying what comcast is doing is legal, nor even that it should be, but this isn't the right law to construct a case around.

    2. Re:sounds like a great course of action by b96miata · · Score: 1

      1. I'd need to be a comcast customer to do that. 2(a,b) They're using forging packets using the customer's IP address (which is their "name" for all intents and purposes on an IP network) for their benefit (reduced traffic on their network, allowing them to have more customers with less infrasctructure. I don't need to say it's an invasion of privacy, the tort does.

    3. Re:sounds like a great course of action by b96miata · · Score: 1

      And since I failed to address your two unrelated examples.... If my ISP, or anyone else for that matter, pings my IP, they don't pretend to be me. If a construction company cuts down phone lines, unless they've started wearing masks of my face (have yet to encounter this), they're not pretending to be me.

    4. Re:sounds like a great course of action by vux984 · · Score: 1

      Upon reviewing your response, and rethinking the issue, I agree that my dismissal of your theory was incorrect.

      That said I still think its the wrong approach. One glaring flaw is that they aren't pretending to be *you*, they are pretending to be *your computer*.

      Clearly in many cases, one could imagine impersonating you through your computer, where the two are equivalent -- e.g. to send a forged email, or to fraudulently access your online bank accounts they might do BOTH. But in THIS case, I think their is a distinction, and that they are not impersonating you, just your computer.

    5. Re:sounds like a great course of action by Estanislao+Mart�nez · · Score: 1

      [...] the customer's IP address (which is their "name" for all intents and purposes on an IP network)

      A customer's IP address isn't their name or likeness. An objective third-party observer, given the IP address, isn't able to identify who the person is from that information. You need something like a list of which customers hold which IP address, and even then, that's fallible, because IP addresses and people aren't in a one-to-one relationship.

      Also, IP packets are technical details of the normal operation of certain machinery. They do not represent, qua IP packets, an endorsement in your part of any idea, cause or product. If your your equipment sent out the packets in question, it is not clear that it would constitute something under your control that reflects upon your reputation or the opinion that an objective third party would form of you.

      What Comcast are doing is fishy, but no, it's not a privacy issue; it's probably some sort of deliberate avoidance of provide the service they contracted to provide.

    6. Re:sounds like a great course of action by Anonymous Coward · · Score: 0
      Clearly in many cases, one could imagine impersonating you through your computer, where the two are equivalent -- e.g. to send a forged email, or to fraudulently access your online bank accounts they might do BOTH. But in THIS case, I think their is a distinction, and that they are not impersonating you, just your computer.

      Bullshit -- it's identity theft, pure and simple. Is it less of an identity theft if they just impersonated your Social Security card or your driver's license?

    7. Re:sounds like a great course of action by Anonymous Coward · · Score: 0
      If your your equipment sent out the packets in question, it is not clear that it would constitute something under your control that reflects upon your reputation ....

      Have you tried this line of reasoning on the gentlemen in dark suits who appeared at your front door carrying a packet of uploaded child porn allegedly submitted from your IP address, as certified by your ISP (under warrant, of course, ha, ha), to have been in use by you at upload time?

  19. They are getting what they deserve! by Anonymous Coward · · Score: 0

    Please, anyone who uses social web sites have got to have an enormous ego in the first place to think that the world gives a crap about all the mundane details of their little lives. If any one of them are concerned about their privacy, or wouldn't love having their image being used in an ad without their permission because they think it makes them famous, shouldn't be ther in the first place.

  20. Not necessarily by MMaestro · · Score: 1, Insightful

    I'll admit I'm a Facebook user but I've NEVER submitted my photo (or any other photo) to Facebook simply because I'm too lazy and use it too infreqently to care. That said, there are at LEAST a dozen photos of me on that site, none of which I gave permission to anyone to post. You can't realistically expect people to monitor sites like Facebook just to protect their privacy.

    1. Re:Not necessarily by bkr1_2k · · Score: 2, Insightful

      Asking your friends to remove your picture should be a simple process. Monitoring facebook might seem like an unreasonable expectation to uphold your privacy but monitoring your friends shouldn't be.

      --
      "Growing old is inevitable; growing up is optional."
    2. Re:Not necessarily by MMaestro · · Score: 1

      Who says they're necessarily "friends"? (I have 4 registered "friends" on Facebook.) I've seen photos of myself posted and tagged on Facebook by people I've never talked to. The only reason I found some of these photos was because they were posted to a Halloween party group I joined just to receive the e-mail updates. You seriously can't expect people to monitor every person they have contact with and has a Facebook account.

  21. Good link from Inquirer by butlerdi · · Score: 0, Troll

    Found a link in the comments under an Inq story ..... pretty interesting ... http://www.idkwtf.com/videos/latest-videos/truth-behind-facebook

    --
    "If the King's English was good enough for Jesus, it's good enough for me!" -- "Ma" Ferguson, Governor of Texas (circa
  22. Re:And what if they start caring? Or about ex-user by darjen · · Score: 1

    So I guess posting your opinions on Google and Facebook and a host of other topics on Slashdot is more secure? Do you not think that anyone could look at the IP address that you posted from and find out anything they want about you?

    I don't know, a lot of people value communication with friends. I know I do, and I've been able to reconnect with some old friends on Facebook and Myspace that otherwise I wouldn't have been able to contact.

  23. I have a facebook account by scarboni888 · · Score: 1

    But to be honest with you I have no idea why. So far it just seems like yet another chore dealing with people I know who decide to ping me with some lame ass application or another. What the whole point of it is & what people are getting out of it (& myspace, etc... or 'web 2.0') is completely beyond my comprehension. After reading this & some rumour that I won't be able to delete my facebook account I'm extremely happy I have not put a real picture on my account.

    1. Re:I have a facebook account by John+Hasler · · Score: 1

      > After reading this & some rumour that I won't be able to delete my facebook account...

      Do you know of a site anywhere on the Web where one can delete an account? It it were possible how could these outfits brag about having 750 million users?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  24. Nope by mbessey · · Score: 2, Insightful

    In the Flickr / Virgin Mobile case, the problem revolves around whether the photo had the appropriate attribution.

    Actually, in the Virgin Mobile case, the issue at hand is that they didn't have a model release for the person in the picture. The picture was properly attributed.

    It's well-established in the law (they even cited the code in the Slashdot summary) that you need someone's explicit permission to use their likeness for commercial purposes. Just having the photographer's permission isn't enough. How this relates to Facebook probably depends on the terms of service that the users agreed to when they signed up for the service. It's much less clearcut than the Virgin Mobile case.
    1. Re:Nope by Sosarian · · Score: 1

      You miss the whole length discussion where this model release business is country/jurisdiction specific and they probably felt they didn't need one since they don't use them generally speaking where they are located.

    2. Re:Nope by mbessey · · Score: 1

      Sorry, I was just responding to the issue of attribution. They seem to have done the right thing there, according to the requirements of the Creative Commons license.

      I have to admit that I don't know much about Australian law, but under the (possibly flawed) assumption that it's similar to US and UK law, they really should have investigated the privacy issues some more. Given the inherent difficulty of suing someone in another country, they'll presumably get away with it, but it's fairly obviously incorrect behavior, nonetheless.

      For those of you following along. There's a Flickr discussion about this issue here:
      http://www.flickr.com/groups/central/discuss/72157600541608353/

      One of the links currently lurking in that discussion is to:
      http://www.4020.net/words/photorights.php

      Which is an Australian solicitor's attempt to explain the legal rules covering candid photography in Australia. He actually addresses this particular case (search for "Virgin").

      His conclusion is that, because the pictures Virgin Mobile used weren't taken in Australia, and the people pictured weren't Australians, they narrowly avoided falling under the jurisdiction of Australian law. Had those pictures been taken in Australia, or of Australian citizens, they absolutely would have needed model releases. There's no way they could have known ahead of time that none of the pictures were of Australians, so they basically got lucky.

      Nevertheless, they really should have known better. Skating around the edges of the law like that is not very responsible behavior for a corporation to engage in. They've since abandoned that advertising campaign, presumably because someone with a clue looked into it and decided it was a really bad idea. Who knows? Maybe the bad publicity on the Internet contributed to the decision.

    3. Re:Nope by Sosarian · · Score: 1

      Great reply, I didn't follow the entire thing to the end of it. I was just saying that people felt that they were legally entitled. Treating Flickr like the worlds largest clipart site seems a bit sleezy though.

  25. Fine.... by magusxion · · Score: 1

    I don't care if they do this, but I'm getting a 50% cut on all advertising profit that features my copyrighted image ( of me ).

  26. Once again, not as simple as it seems. by Petey_Alchemist · · Score: 2, Insightful

    Thanks kneejerkers for more of the same old "READ THE TOS DOOFUS".

    If you actually read the TOS, you'd see this:

    "When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

    Now, there's stuff in there about Facebook copying your content for storage. There's stuff in there about letting Facebook perform, display, or translate your content. There's even stuff in there about letting Facebook use your content to promote *Facebook*.

    But can anyone in there see any sort of language that says Facebook can use your content to promote other products?

    Read it carefully. I don't think there is such language, and I think there might actually be a case for misappropriation here.

    1. Re:Once again, not as simple as it seems. by Petey_Alchemist · · Score: 1, Insightful

      Someone said earlier that you're just letting Facebook use your opinion as information--that you just let Facebook know that you like, say, an iPod, and then Facebook posts something that say "John Doe likes the iPod!", and then it's fine, because Facebook isn't promoting Apple, they're just rebroadcasting the information you've posted to the site.

      If that's the case, fine. I just hope that A) the rebroadcast is not labeled "Advertisment", and B) that Apple is not paying for the slot, because otherwise that's not a rebroadcasted opinion. That's an endorsement--just an unpaid, and therefore arguably illegitimate, one.

    2. Re:Once again, not as simple as it seems. by PhxBlue · · Score: 1

      Yeah, except that "for any purpose" phrase opens a hole wider than the goats.cx guy's.

      --
      !#@%*)anks for hanging up the phone, dear.
    3. Re:Once again, not as simple as it seems. by dnormant · · Score: 1

      I don't think so.

      Face book says that this is directly for advertising.

      http://blog.facebook.com/blog.php?post=6972252130

    4. Re:Once again, not as simple as it seems. by Petey_Alchemist · · Score: 1

      You're right. I've been reading up on this in the NYT, etc.

      It looks like their prototypical system would be Blockbuster. You add the Blockbuster group, and then, when you make a recommendation on a movie using the Blockbuster group, it tells all your friends.

      Problem is, when you join the Blockbuster group, it says Blockbuster can't access or use your information. Which means Facebook is accessing and using your information. Which means that they're using your information to endorse other people.

    5. Re:Once again, not as simple as it seems. by Petey_Alchemist · · Score: 1

      I'm not so sure about that, only because (as I read it) that language explicitly refers to the promotion of the Site itself, not third parties.

  27. what a load by Anonymous Coward · · Score: 1, Informative

    This reminds me of the 'feed' debacle. People shared all this information with their friends and then were suddenly shocked(!) when that information could be found all in one place. To Facebook's credit, they responding to this hysteria with some great 'privacy' controls. I put privacy in quotes because the information is still available if you are making it available. If you don't want information shared within your network (or in public) than don't share the information.

    Two opt in things need to happen for your face to appear in an advertisement on (for instance) my pages. First, you need to include me in your friends. Your not going to be seeing strangers in these advertisements. Second, you need to rate the product.

    There is no privacy issue here. You're sharing information with your friends. If you don't want to do that - don't.

  28. In other words... by nunyadambinness · · Score: 3, Informative

    "It's exactly why I am the guy who quit Facebook almost as soon as I'd joined it."

    You didn't do your research, and want to complain about it after the fact while taking no personal responsibility.

    "Privacy" does not mean "free from the consequences of bad decisions". You are (I assume) an adult. Try acting like one and protecting your privacy instead of assuming someone else will.

    1. Re:In other words... by BobMcD · · Score: 2, Insightful

      "Privacy" does not mean "free from the consequences of bad decisions". You are (I assume) an adult. Try acting like one and protecting your privacy instead of assuming someone else will. Is anyone else getting tired of these same old binary arguments? I may have unlocked the secret to quantum thought, but I doubt it. Surely you guys can do it also:

      What is quoted above is, in fact, true. Unfortunately the truth of it does nothing to negate the truth of the following statement, as they are not mutually exclusive:

      "Being in public setting" does not mean "willing to be raped at every turn." You are (I assume) a citizen protected by a body of law. Try acting like one and asserting your rights instead of assuming someone else will.

      See how that works? Both are true. Ever heard the phrase 'the truth lies somewhere in the middle'? This is why law books are not pamphlets...

      I am not saying at all that you are wrong, because you are not. I'm not even arguing with you. I suppose I'm merely trying to encourage deeper thoughts.

      On that note, forget I said anything...
    2. Re:In other words... by Anonymous+Brave+Guy · · Score: 1, Informative

      You didn't do your research, and want to complain about it after the fact while taking no personal responsibility.

      Ah, another genius who not only has time to read all the detailed agreements he ever sees and understand them, but is also blessed with prescience that allows him to interpret the intentions of other parties ahead of time.

      So how do you propose I should do some research on the nature of the web site, given that to gain any access at all requires creating an account, and that it is the concessions made when creating the account that is in question here?

      You can only take responsibility for something you have some reasonable control over. There was no realistic way to know what would happen in this case.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  29. From the Facebook TOS by GigG · · Score: 1

    By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

    --
    Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
    1. Re:From the Facebook TOS by Shados · · Score: 1

      Indeed, I figured they'd have that in their TOS. A lot of sites do. So in the case where that ToS is legally valid, they'll just lose all their users instead =P

    2. Re:From the Facebook TOS by Anonymous Coward · · Score: 0

      Would never hold up in court when it actually mattered. EULAs and TOS are effectively unenforceable.

  30. Re:And what if they start caring? Or about ex-user by telbij · · Score: 4, Informative

    Give me a break. If you deactivate your account, all your information is deleted. You're complaining that if someone tags you in a photo, that tag still exists? Well, first, I'm not so sure that's true. It would be pretty sloppy engineering since the user account doesn't exist and so the link would go nowhere. And second, anyone can post anything about you anywhere, that doesn't make it someone else's responsibility.

    Don't like what your friends are posting about you? Take it up with them!

  31. It's Not The Privacy, Stupid! by Nom+du+Keyboard · · Score: 1

    It's not the privacy part, Stupid! I already put my picture out there. I want to be PAID when you make money off of my image. It's as simple as that!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  32. Public != free for commercial use by coyote-san · · Score: 1

    You are wrong. This isn't a question of whether people are seen in public, it's whether their image (and statements) are being used for commercial purposes. Advertising is, by definition, a commercial purpose. With very few exceptions (e.g., legitimate news coverage) you have to get written permission before you can use anyone's likeness or words for commercial purposes.

    For an analogy, go to a stock photo site that accepts pictures from the public, e.g., iStockPhoto. They really drive home the fact that you have to get written permission from everyone in the photo, and provide a copy for every single picture. (You don't need it from people who are unrecognizable.) You also have to be careful about infringing on other IP, including such subtle things as the fonts used in signs. Every so often you'll hear of companies having to yank campaigns or products because they didn't have the necessary permissions (or documentation for same). There was even a recent case where the photographer did get signed releases from the subject, but it turned out that they were minors (17) and the father objected to their commercial use and the product had to be yanked. It's a real issue that can cost real money if you skimp on it.

    On the other handle, Google created a stink with their cityscape photos, but in that case it was noncommercial use.

    The facebook EULA -might- CTA, but I wouldn't count on it until it's been before a few courts. There's just a very different feel to the commercial use. For instance, would that EULA permit advertisers to make up quotes (which you definitely do with stock photos in advertising campaigns)? Would it permit them to hold up users for ridicule, e.g., as somebody in desperate need of zit medicine or grooming advice? As others have pointed out, would it cover image manipulation like putting somebody's head on a model's nude body? (Which may not be a good thing if it's a model for a weight loss product, 'before' shot.)

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  33. Facebook may have problems in California by Animats · · Score: 1

    Facebook will probably lose in California with that. California has a right of publicity, enacted because California has so many celebrities that advertisers would like to use in ads.

    The EULA says "for any purpose on or in connection with the Site or the promotion thereof". But it doesn't cover the use of images in connection with advertising of third party products. That's a separate issue. California requires explicit prior consent "for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services". This is completely independent of copyright. Facebook may have the right to use the images, but doesn't have the right to use the individuals pictured in them for third-party advertising purposes.

    In California, everybody has a minimum celebrity value of $750 for celebrity-rights purposes.

  34. I found out about this yesterday by Steauengeglase · · Score: 1

    When I received a comment from a friend asking me about what movies I enjoy. After clicking on the post it immediately brought up an ad. I though someone "hacked" into his account.

    All I can say is that this is pretty disheartening and it sets a very bad precedent. What next, my ISP loaning out my e-mail to spammers for a cut?

    1. Re:I found out about this yesterday by John+Hasler · · Score: 1

      > All I can say is that this is pretty disheartening and it sets a very bad precedent.
      > What next, my ISP loaning out my e-mail to spammers for a cut?

      How much are you paying each month for your Facebook account?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  35. You're also making a bad assumption by nunyadambinness · · Score: 1

    There are laws and legal precedence about using people's likenesses without their consent.


    You're assuming they haven't given consent. What are the legal responsibilities regarding consent in cases like these? What have the users of such sites agreed to?

    You're assuming they haven't already given their consent by signing up/commenting/agreeing to the terms of use. What makes you think the users haven't already agreed to this by agreeing to the terms of service for Facebook?

    If it were so, you'd see celebrities...


    Irrelevant and a terrible example. Address the users of these websites, not a contrived example that doesn't apply.
  36. I CAN SEE IT NOW by Zabu · · Score: 0

    This advertisement for Captain Morgan's and loose panties is brought to you by...

    --
    It's all good.
  37. Re:Who is Driving? by masterzora · · Score: 2, Funny
    You did it wrong anyway.

    Who is driving?
    Oh my god bear is driving! How can that be?

    --
    Remember, open source is free as in speech, not free as in bear.
  38. Re:Who is Driving? by Professr3 · · Score: 1

    And here I was thinking I was the only one who watched those stupid Jay and Silent Bob cartoons...

  39. Re:And what if they start caring? Or about ex-user by sexconker · · Score: 1

    100% correct.

    The internet is becoming one big advertisement, and we're the inspiration, tools, and targets.

  40. Reputation by jcern · · Score: 1

    There are a couple of real problems with a scheme like this. I must assume that the main reason that Facebook would opt to use user's pictures is because there is a level of trust between the person being advertised to and the picture being displayed. Something akin to having friends be more likely to use a product based on my recommendation than some random person's. If I were to explicitly recommend a product and it did not live up to expectations, then my reputation suffers. By extension, I would assume that if someone bought a product because my face was associated with it in the ad and the product turned out to be a lemon - I would have to think that on some level my reputation would be affected, even if I never actually was involved in the transaction.

    I would hope that Facebook would allow people to opt out of an advertising scheme like this, or at the very least allow me to profit off of their use of my face. I think the advertising scheme has a lot of potential for profit, but I am not about to allow someone to get richer off the upside of this scheme while I get nothing but the downside.

    1. Re:Reputation by Anonymous Coward · · Score: 0
      ... or at the very least allow me to profit off of their use of my face.

      Ahhhhahahaha.

      Ahhhhahahaha.

      Ahhhhahahaha.

      Ahhhhahahaha.

      Ahhhhahahaha.

      Ahhhhahahaha.

      Oh, certainly -- it has always been standard practice in corporate America to share all profits with those from whom something of value has been taken. Just ask all the indigenous folk from the South American forests where the pharma companies found the source for all of their wonder drugs.

      I say again:

      Ahhhhahahaha.

      Ahhhhahahaha.

      Ahhhhahahaha.

  41. Re:And what if they start caring? Or about ex-user by Paridel · · Score: 1

    Actually, the information is not deleted. Facebook clearly states that if you sign up again after deleting your account all your old info will be there for you, e.g., they don't delete your account, merely inactivate it.

    -paridel

  42. Facebook is != public by GodInHell · · Score: 2, Insightful

    No, Facebook is NOT public - the default is limited access - which you may ramp up fruther. Unless you are on my friends list all you can see is my name and the picture I choose for my face. If you ARE my friend, you can see all my pictures, my e-mail and phone, my likes, my hates, and the fact that I induldge my brother by commuting zombiecide with him occasionally, and a fairly spotty account of what I've been up to for the last two years.

    I am not willing to make that information public - but I want my friends to have it - and Facebook does this.

    -GiH

  43. Tags are names, not necessarily links by SkimTony · · Score: 1

    I have had this argument with several friends who are ... disappointed with my requests to remove any pictures containing me from Facebook. Tags don't have to link to another facebook account, they can simply be names. Even if you delete your account, the picture of you on your buddy's account will still say "Jim Smith" below it.

  44. It's not that simple at all... by big_paul76 · · Score: 1

    I don't know what the case law is in the US, but there is a concept of 'unconscionable' for standard form/contracts of adhesion.

    The standard in Canada, where I live, is (since an appeals court case a few years back) basically, for contracts like this, or mortgages, or cell phone contracts, etc., it doesn't matter if you said you read it, or read it, or not.

    What matters is, if you HAD read it, is it reasonable to assume that you would've still agreed to it or not?

    So please, enough with the "you read it, you get what you deserve" type sentiments. Facebook knows most people don't read every single clause in the terms and conditions, and so do the courts.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
  45. Legal question by Registered+Coward+v2 · · Score: 1

    "When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

    So, you gave them permission, good luck fighting it.


    Can minors enter into binding contracts? AIR, in many states minors can't be held to terms of a contract so Facebook may not have a valid contract with many of its users.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  46. Now try disabiling your account by obduk · · Score: 1

    A few people have expressed concern, and said they would disable there account, but have you ever tried doing this. If you disable your account none of the information is removed from there database, when you register again with the same email address, all your photos, private information and such items will still be there. Sorry, I think they now own your face

    1. Re:Now try disabiling your account by Culture20 · · Score: 1

      But all licenses attributed to Facebook regarding use of that data are nullified. They're only allowed to "archive" it when you remove your account.

  47. Re:And what if they start caring? Or about ex-user by pureevilmatt · · Score: 1

    My friend had the same paranoid reservations as the GP about facebook. He refused to get a Facebook for over a year while everyone else he knew was busy socially networking. So in order to teach him a lesson, we eventually just created an account for him... filled with hilarious "details" and pictures about his life. This persisted for a month until he eventually found out about it, and demanded the password so he could delete the account.

    After another month of fun, we eventually gave in and gave him control of the account, under the condition he keep it active to correspond with us, and if he ever deleted the account, we'd just create another one, with even more damning details. He has kept the account for almost a year now, and has since then added multiple friends from his past, come into contact with people he thought long lost, and posts "notes" on a regular basis.

    The irony is that with an account, he now has more control over his online image than without. The reason being, is that with facebook, the only way you can remove a tag is if you own the photo, or if the tag points to your profile. So the only way to police photos you don't want people tagging your name to... is to get an account.

    The lesson to be learned here, is that it's not google, or facebook, or myspace that are the problem. It's not even the internet. The problem is your annoying friends not respecting your privacy.

  48. Re:And what if they start caring? Or about ex-user by Anonymous Coward · · Score: 0

    The internet is becoming one big advertisement, and we're the inspiration, tools, and targets.


    In relation to yourself, you got one third of that right.
  49. Re:And what if they start caring? Or about ex-user by Anonymous+Brave+Guy · · Score: 1

    I'm sorry, but every single thing you wrote in your first paragraph is objectively, factually incorrect — other than the fact that you're not so sure about some of it, but that just makes you wrong.

    How that got a (+1, Informative) is beyond me.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  50. Re:And what if they start caring? Or about ex-user by telbij · · Score: 1

    Fair enough. However:

    "Deactivation will completely remove your profile and all associated content on your account from Facebook."

    So they keep the data around except no one can see or do anything with it, so it may as well be deleted. If Facebook then uses that information somehow, then that would be a serious concern, but why would they do that? If this type of thing is of great concern to you, then you probably shouldn't be on Facebook or any other website. In fact, the best thing would be to live off the grid completely and suspiciously eyeball anyone who hands you a paper form.

  51. You're making a terrible assumption... by nunyadambinness · · Score: 1
    That being, that the law "protects" you here.

    You are (I assume) a citizen protected by a body of law. Try acting like one and asserting your rights instead of assuming someone else will.


    I'm not sure what you want here. A "citizen" IMNSHO, would not expect the law to cover them where they themselves have failed in their due diligence.

    Do you now see the problem with your point? We're not talking about people who genuinely care about privacy, we're talking about people who give lip service to privacy, but in fact, do not engage in even basic protective measures.

    I have no issue with people who've had their privacy violated. I have a very big issue with people who hand out their information freely, or act like fools in public, then crow about privacy violations after the fact.

    1. Re:You're making a terrible assumption... by Anonymous+Brave+Guy · · Score: 1

      A "citizen" IMNSHO, would not expect the law to cover them where they themselves have failed in their due diligence.

      And you think reading in full and seeking professional legal advice on every binding agreement you ever get presented with, in addition to conducting some arbitrary and unspecified amount of background research to determine how others feel about the product or service you are considering, is reasonable due diligence, do you?

      I've got news for you: no-one could actually do it, because it would take more time than most people will ever have, and cost more money than most people will ever have. This is why we have laws that certain basic rights may not be signed away and certain contractual claims are unconscionable, and why we have courts and police services that can be used to seek redress when someone breaks them with a one-sided deal.

      I have a very big issue with people who hand out their information freely, or act like fools in public, then crow about privacy violations after the fact.

      In case you missed the point, I wasn't handing my information out freely. Facebook was inciting others to hand out information about me that they had.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  52. Here's how by nunyadambinness · · Score: 1

    So how do you propose I should do some research on the nature of the web site, given that to gain any access at all requires creating an account, and that it is the concessions made when creating the account that is in question here?


    http://google.com/

    There you go, type your question into the box, it'll give you results, which you can read to gain understanding.

    There was no realistic way to know what would happen in this case.


    Bullshit. That you even tried that line is ridiculous.
    1. Re:Here's how by Anonymous+Brave+Guy · · Score: 1

      Some feeble implication that Google solves all the world's problems isn't an argument. It's basically a tacit admission that you don't actually have a cogent argument to make, so you'll try to score points by being a smartass instead.

      Does it even occur to you that someone has to go first? What about the people who joined Facebook years ago, when even the service itself barely registered on Google, and the privacy implications weren't widely realised? Certainly my involvement was long before all the recent concern over privacy and critical web sites.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Here's how by nunyadambinness · · Score: 1

      "Some feeble implication that Google solves all the world's problems isn't an argument."

      And making up lies about how the information isn't available is not an argument either.

      You're a troll and you're not even any good at it.

  53. As proof you're wrong by nunyadambinness · · Score: 2, Informative

    http://www.facebook.com/terms.php

    No account registration necessary.

  54. Who wasted a mod point on this idiot? by SIIHP · · Score: 0, Funny

    The fucking terms of service are available without giving them any of your data. What kind of retard mods up a whiny crybaby fuck who isn't even right about what he's whining about?

    DID YOU EVEN BOTHER TO SEARCH FOR THE FACEBOOK TERMS OF SERVICE?

    THEY'RE RIGHT THERE IN THE FIRST LINK WHEN YOU SEARCH FOR "FACEBOOK TERMS OF SERVICE".

    How fucking stupid are you? And how stupid is the mod who read what you vomited up and thought "oh that makes perfect sense"?

    Sometime I wonder how imbeciles like you operate computers at all, much less successfully post your moronic thoughts.

    --
    I only go to buffets for the unlimited soft serve.
  55. Re:And what if they start caring? Or about ex-user by edmicman · · Score: 2, Insightful

    So you basically blackmailed your friend until he caved in and used a website that he didn't want to use? Nice. What he should have done is told every one of you to fuck off, pissed on your beds, and found new "friends".

  56. Just because I buy doesn't mean I recommend by WillAffleckUW · · Score: 1

    If I walk into a Walmart cause I'm stuck in middle america and I need to buy water as I drive to the next town - I don't endorse anyone choosing to buy from Walmart.

    If I buy gas from a service station as I drive thru Nevada - I don't have a choice - I don't endorse their gasoline brand.

    If I buy a license from Microsoft for software - when I'd rather be buying from Apple or a Linux brand if I had a choice - I don't endorse their OS or the company (even if I did work there and my ex-wife does work there).

    This is a very bad idea.

    --
    -- Tigger warning: This post may contain tiggers! --
  57. Hot Chicks? by guysmilee · · Score: 1

    Why not just ask hot chicks to join groups like "I love linux?" ... or "I love windows" and pay them?

  58. So was your post, why are you complaining again? by nunyadambinness · · Score: 1

    I'm sorry, but every single thing you wrote in your first paragraph is objectively, factually incorrect -- other than the fact that you're not so sure about some of it, but that just makes you wrong.


    So was your post where you claimed

    to gain any access at all requires creating an account, and that it is the concessions made when creating the account that is in question here


    I don't see you complaining that your factually incorrect post was modded up.
  59. From the way it reads... by Etherwalk · · Score: 2, Informative

    Well, okay, from the way it skims, they're offering advertisers space to advertise to your friends that you like something you've already decided you don't mind your friends knowing you like. So if I put "West Wing when Aaron Sorkin still running it," maybe West Wing gets an add on the side of my page or a friends' newsfeed. Unless my 2 second skimming is wrong... okay, maybe it was one and a half seconds... it's a far cry from this to the girl who had her flickr photo stolen for a major advertising blitz across multiple mediums.

  60. Re:And what if they start caring? Or about ex-user by darkfire5252 · · Score: 1

    Plus, if you have an active account, Facebook will let you remove tags of yourself from anything...

  61. Salient point? by Petey_Alchemist · · Score: 1
  62. Doesn't it look like the user endorses the advert by Anonymous Coward · · Score: 0

    They're better than most such sites, I agree. But nevertheless, the stinky thing about this one is that if you recieve an advert like this, it looks like I sent you this advert (not the third party such as blockbuster). That is, of course, a complete and utter lie.

    (Oh sure if you read the fine print, it might say that blockbuster sent the advert and that so-and-so liked this product. Look at the linked example - doesn't it look (at first glance) that Megan Marks sent the advert? )

    And, worse, IMHO, does that example not imply that Megan Marks *endorses* the "Blockbuster Total Access Online" to see "Top Gun?" as opposed to merely Top Gun itself. (i.e., implies that subject of the advert is endorsed by your friend which is probably not true at all!)

    Finally, this is done by facebook, not an external application (it's part of the platform even, not a facebook application). Thus, it might simply ignore privacy settings.

  63. Re:And what if they start caring? Or about ex-user by telbij · · Score: 1

    The significant fact to my thesis was that they will delete your information. You're free to split hairs over the fact that it is not technically deleted... however the reasonable expectation that users have is that "deleting" information means it then does not appear anywhere. If Facebook violates that, then there is a serious problem, otherwise the technical detail of whether the information is physically expunged from disk is an issue that none but the most pedantic privacy advocate cares about.

    I probably shouldn't have commented on how I think tagging works since I didn't know. The key thing there is that a tagged photo of you is not your data. Your friend posted it with your name... frankly this has nothing to do with Facebook. Your friends can post pictures of you with your name in any media ranging from Flickr to a bathroom stall.

  64. Re:And what if they start caring? Or about ex-user by x_Curious_x · · Score: 1
  65. Re:And what if they start caring? Or about ex-user by pluther · · Score: 1

    So they keep the data around except no one can see or do anything with it, so it may as well be deleted. If Facebook then uses that information somehow, then that would be a serious concern, but why would they do that?

    To sell advertising using your image. That's what the original article said they were doing, and what the poster you are responded to was asking if they are doing. We know they keep information from deleted accounts. We know they use information they've gathered to advertise to other users. Asking if they're using information from deleted accounts to advertise is not really that giant of a leap.

    If this type of thing is of great concern to you, then you probably shouldn't be on Facebook or any other website. In fact, the best thing would be to live off the grid completely and suspiciously eyeball anyone who hands you a paper form.

    Really? You don't see any room for any middle ground whatsoever between me allowing my image to be used in ads, implying I'm endorsing products which I don't endorse, and just staying off the internet altogether? No spectrum at all between those two extremes?

    --
    If the masses can keep you down, you're not the Ubermensch.
  66. And you can't delete your account by Snaller · · Score: 1

    "... You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

    Exactly, you can't delete your account - you can "deactivate" it - meaning others can find you or see you on the site - but facebook keeps your info stored.

    Seems like a totally dubious outfit to me.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  67. Nope. by Estanislao+Mart�nez · · Score: 0, Troll

    You have granted them a non-exclusive license to use any part or all of your content for any purpose they are so inclined to fulfill.

    You've granted them a copyright license. A copyright license doesn't allow you to make use of a work when such use would otherwise be against the law. Notwithstanding the copyright license you grant by agreeing to the ToS, it is illegal to use somebody's name or likeness to promote a commercial service or product without their consent, a consent that you have not granted.

    This is no different than if I took a photo of you where you are recognizable, licensed it to an advertising agency, and they printed it in an advertisement for Blockbuster. I, as the holder of the copyright on the picture of you, have the right to control who can use the picture for what. You, as the person being depicted in the picture, have the right to grant or deny permission to have your likeness be used to promote a commercial enterprise. The advertising agency, in order to make use of the picture in that way, must obtain my permission to copy, edit, reproduce and incorporate the photo that I took into their own derivative work, and they must also obtain your permission to use your likeness for advertising Blockbuster. This latter permission is normally obtained through a model release.

    That case is useful because it shows how the copyright holder and the person being depicted can be two different people, and thus, how commercial use of the picture requires two different permissions from two different parties. In the Facebook case, it will be the common scenario that the holder of the copyright and the person whose likeness is depicted are the same; however, they still need the two permissions.

    1. Re:Nope. by DustyShadow · · Score: 1

      whoever modded you troll is an idiot

  68. Re:So was your post, why are you complaining again by Anonymous+Brave+Guy · · Score: 1

    In what way was my post incorrect? Accessing any of the content hosted on Facebook so you can see how it works requires a user account, or at least it did at the time I signed up. There is no way one could, to give the obvious example, conduct a simple experiment to see how much information they really collect without signing up first (or working with someone else who did so).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  69. Privacy does matter by Anonymous+Brave+Guy · · Score: 1

    The significant fact to my thesis was that they will delete your information.

    No, they won't. They will hide it, and can bring it back on demand.

    If you don't get the difference, then you need to talk to a few more of those "most pedantic privacy advocates" and find out how many all too serious problems happen to ordinary people every year because "deleted" information such as personal details or account numbers wasn't actually deleted at all. Perhaps you've heard of identity theft? Stalking? Credit card fraud?

    Your friends can post pictures of you with your name in any media ranging from Flickr to a bathroom stall.

    Actually, systematically collecting a database of personally identifiable information about anyone without their consent is illegal in some places, and comes with significant limitations on what you're allowed to do in many more. The fact that it's legal at all is a problem, as is the fact that not everywhere gives people a right to force people storing data about them to delete it — properly — if there isn't a good reason to keep it around.

    Society currently fails to recognise the dangers inherent in allowing this sort of behaviour. It will, before long, when enough people get hurt. It's just a shame that until everyone understands the idea that just because we can do something it doesn't mean we should, a lot of people are going to get hurt needlessly.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  70. Re:And what if they start caring? Or about ex-user by Anonymous Coward · · Score: 0

    I cancelled my Facebook account yesterday. Deactivating does _not_ erase your data. In fact, Facebook continues to track messages your friends send to your deactivated account ("holding" them for when you return), and you can even opt to recieve these messages.

    To erase your data when you leave, you have to explicitly tell Facebook to do so, and even then, you're taking their word for it.

    The only way to win is not to play.

  71. Re:And what if they start caring? Or about ex-user by Anonymous+Brave+Guy · · Score: 2, Insightful

    I had a friend, too. In order to cause some general amusement, his best friend eventually just created an account for him... filled with hilarious "details" and pictures about his life. This persisted for a month until he eventually found out about it and that many of his other friends were in on the joke.

    It caused the break up of a long-standing friendship, which has never recovered, and put strain on several other relationships affect by the "funny" content and the betrayal of trust.

    See, the problem is Facebook, when its basic intent is to get friends to provide information about each other, regardless of whether anyone wants that information made public. People play along, probably quite innocently in most cases, and then before you know it someone goes too far and the damage is done. This is a fundamental problem with many social networking type sites, but Facebook is much worse than most of the others in several key ways.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  72. As proof YOU are wrong by Anonymous+Brave+Guy · · Score: 1

    And where on that page does it describe what actually happens?

    In particular, where in either the page you cited or the privacy policy does it indicate that by signing up to the service (which you haven't yet seen, other than via those pages of dense legal CYA-speak) you will be inviting and give your permission for Facebook to collect vast amounts of personal data about you but not supplied by you? (Note that having such permission is a legal requirement in some places, though possibly not in the US, which is one way sites like this can start to get into hot water.)

    It's fascinating that the privacy policy I linked to these days claims Facebook follows two core principles, of which the first is "You should have control over your personal information." They demonstrably do not really mean this, because they collected vast amounts of personal information without my consent and against my will, and they provide no mechanism for me to make them delete it.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  73. HUH!?! by Anonymous Coward · · Score: 0

    wer r da funny commentz?

  74. Re:And what if they start caring? Or about ex-user by SUB7IME · · Score: 1

    Yes, they delete it. Except you can email them and ask them to reinstate it, and magically everything is still there, just the way you left it.

  75. Ok sounds like your ready for AMWAY by infonography · · Score: 1

    Since you've do all this and have friends who trust you. Have you considered AMWAY? With Facebook and Amway your financial possibilities are endless. Amway will re-brand their products to help you promote yourself on facebook. Just think the millions who come to facebook looking for advice on whats hip and now will look to you for Haircare and cleaning supplies. Because your hip and now, just like facebook and just like Amway. Your future is just a click away.

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  76. You're quoting out of context. by Estanislao+Mart�nez · · Score: 1

    I quote myself, with added emphasis:

    [IP packets] do not represent, qua IP packets, an endorsement in your part of any idea, cause or product.

    The gentlemen at your door are picking you up because of the child porn, not because of the IP packets. The IP addresses contained therein are circumstantial evidence that points at you.

  77. too easy to abuse by aquabat · · Score: 1
    This looks way too easy to abuse, assuming they have automated the profile selection process to some degree.

    I mean, if I wanted to be a dick about it, I'd create a profile, let's call him "Big Dick", with a picture of a large penis, or some other equally commercially inappropriate image stuck to it. I would then proceed to comment loudly, publicly and favourably on just about everything I saw being prominently advertised on Facebook. I would be especially gushy over any kind of enterprisey Microsoft ad.

    I just don't see how this can end well for Facebook.

    --
    A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
  78. Two words... by Anonymous Coward · · Score: 0
  79. Well... by Landshark17 · · Score: 1

    As much as the privacy issue bugs me, I don't think I really have a right to complain, seeing as I put the information up there.

    Also, as a straight agnostic, I'm really sick of getting ads for Christian philosophy websites and gay dating networks.

    --
    This sig is false.
  80. Why keep this up? by nunyadambinness · · Score: 1

    And where on that page does it describe what actually happens?


    It's telling that once proven wrong about your initial argument, you completely move the goalposts.

    You were trolling and I caught you. Good day.
  81. What I think by nunyadambinness · · Score: 1

    "And you think..."

    I think you're a lying troll who will never admit he's wrong.

    I don't care to dialog with people who are only interested in browbeating others into submission with lies and insults like you do.

    Good day.

  82. Re:So was your post, why are you complaining again by nunyadambinness · · Score: 1

    In what way was my post incorrect?


    Easy this statement is wrong:

    to gain any access at all requires creating an account


    I showed you how you were wrong about that, and you replied, so stop acting like you don't know.

    Accessing any of the content hosted on Facebook so you can see how it works requires a user account, or at least it did at the time I signed up.


    And the backpedaling begins. Maybe you should have checked before posting wrong information.
  83. Re:So was your post, why are you complaining again by Anonymous+Brave+Guy · · Score: 1

    The "statement" you quoted was part of a sentence, which you've lifted out of context. The only person obsessed with the Ts & Cs here is you. Those don't tell you anything about the real nature of the site and what actually happens. In fact, as I already noted in reply to an earlier post of yours, they don't say anything at all about the problem of friends sharing information about you without your consent, which is what everyone else here is talking about. It seems addressing that factual observation was too much for you, though, and regrettably you resorted to name-calling instead of rational argument in your reply.

    Incidentally, no "backpedaling" is necessary. I have since checked, and it still appears to require an account to access any of the content posted on Facebook and thus to see what it's really like. My statement remains as true today as it was when I signed up.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  84. Re:So was your post, why are you complaining again by nunyadambinness · · Score: 1

    "The "statement" you quoted was part of a sentence, which you've lifted out of context"

    First, no it wasn't. Save that nonsense.

    Second, please, please stop, it was a lie in context, and it was a lie out of context. Add all the context you like, you were wrong and can't find enough integrity to admit it.

    I only hope you grow up enough to realize how ridiculous you appear.

  85. Marketing / Ad people are SLIME by Anonymous Coward · · Score: 0

    Hey, soulless market-droids - shit like this is why everyone on the planet is predisposed to hate your guts.