Slashdot Mirror


Canadian Group Files Facebook Privacy Complaint

bergkamp writes "A Canadian public policy group filed a complaint charging Facebook with 22 separate violations of a Canadian personal information protection law. The Canadian Internet Policy and Public Interest Clinic, based at the University of Ottawa, asked the Privacy Commissioner of Canada to investigate what it describes as Facebook's failure to inform members (PDF) how their personal information is disclosed to third parties for advertising and other commercial purposes. The complaint also alleges that Facebook has failed to obtain permission from members for disclosure of their personal information. The claim is that that Facebook violates the Canadian Personal Information Protection and Electronics Documents Act, which Philippa Lawson, the clinic's director, said is much stricter than US personal information protection laws."

128 comments

  1. That's nice, and all by bconway · · Score: 1, Insightful

    I wasn't aware that Facebook operated in Canada.

    --
    Interested in open source engine management for your Subaru?
    1. Re:That's nice, and all by mrbluze · · Score: 2, Interesting

      I wasn't aware that Facebook operated in Canada. Borders are a thing of the past.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    2. Re:That's nice, and all by value_added · · Score: 4, Insightful

      Borders are a thing of the past.

      LOL.

      Be sure to email Lou Dobbs in case he didn't get the memo.

      While you're at it, be sure to mention that you've found the solution to end all wars, territorial disputes, and cure the rising tide of nationalism in Russia, China, Kossovo and ... well, just about everywhere, and that fans attending football matches the world over can now settle down and share a quiet cup of tea.

    3. Re:That's nice, and all by sm62704 · · Score: 5, Insightful

      Borders are a thing of the past.

      Tell that to the Missouri Highway Patol when you cross the Mississippi river from Illinois on your motorcycle when you're not wearning a helmet.

      Yes, borders are a thing of the past. They're also a thing of the present and a thing of the future.

      If Facebook has offices in Canada, servers in Canada, or workers who live in Canada then Canada has a valid point. If not then Facebook can tell Canada to fuck off.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:That's nice, and all by mwilliamson · · Score: 2, Insightful
      So, need I actually abide by laws of other countries if my Website is hosted in the USA and I am a citizen of the USA living in the USA? If so, which countries? What happens if I don't and just ignore their BMCing.

      My blogsite allows user registration and such. I really don't care to become a legal expert in foreign law as the US laws are complex enough. Actually, I don't really give a rats *ss about any foreign governments toes I just happen step on.

      -Michael

    5. Re:That's nice, and all by mrbluze · · Score: 4, Insightful

      LOL. In this context (legal action against a website which has a multinational presence), it is becoming more and more apparent that governments don't care where the website comes from. Sure there still are nominal borders but it's not like you can throw rubbish over the neighbour's fence and get away with it so easily on the Internet.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    6. Re:That's nice, and all by mrbluze · · Score: 1

      Tell that to the Missouri Highway Patol Tell that to the router. We're not talking about roads but electrons.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    7. Re:That's nice, and all by griefers · · Score: 2, Funny

      It surprisingly does, though the networks aren't that big due to the burden of getting electricity and internet in our igloos.

    8. Re:That's nice, and all by weffey · · Score: 5, Interesting

      A couple of months ago, I noticed that Facebook started telling me that I needed to turn on Javascript, even though I had facebook.com in my allow list in NoScript. I noticed that there was now a second server required, http://www.fbcdn.net/ (I checked CIRA's WhoIs and facebook.ca was snatched up by someone else in 2005). I was recently in the states, so I disallowed fbcdn.net in NoScript (just to see), and there were no complains about my Javascript setting until I returned north of the border.

      This seems to imply that there are separate servers running for Canadians accessing Facebook, so at a minimum, that would give some leverage into forcing them to follow Canada's rules. Now, if those servers are physically located in Canada (no, I haven't bothered doing a traceroute to find out where fbcdn.net ends up), that would definitely force them to follow those rules.

      Slightly OT, but in my current job and we recently went looking for a new hosting company to host our database (which has a fair amount of private data in it). Because my company gets a large amount of our budget for the federal and provincial governments (it's a non-profit) we like to abide by as many of the federal government rules when it comes to IT and data privacy. One of those rules is any private data must only be hosted in Canada and it can not leave the country. A few companies came to us as "the Canadian branch of hosting company X". The conversations went like this:
      Me: Where are your datacenters?
      Them: We have them all over the world.
      Me: Ok, but in which of those datacenters is our data going to be physically hosted?
      Them: We can do distributed hosting so it's in many different datacenters
      Me: Yes or no, Are these datacenters in Canadian territory?
      Them:
      Me: So, I'll take that as a no, which means that you know we can't host with you because of the government ruling about hosting private data outside the country.
      Them:
      Me:

      More and more Canadian companies are taking the approach of hosting only in Canada, if only to ensure that they know the rules for data privacy and know there won't be a conflict between Canada's and the other country's.

    9. Re:That's nice, and all by Anonymous Coward · · Score: 1, Interesting

      Actually, I don't really give a rats *ss about any foreign governments toes I just happen step on.

      Up to a point, but you need to make sure that if you *do* offend any foreign governments or law enforcement bodies, that you do not subsequently either visit these countries, or hold any significant assets in their jusirdiction, or visit any country that might extradite you to the country or countries you offended. So you do need to 'give a rats ass' to the point of keeping track of where not to go. And be sure that your own country won't extradite you in such circumstances. If you're a US citizen you're probably OK under current extradition laws; if you live in (say) the UK you're on dodgy ground if the country that wants you is the US or another EU country.

    10. Re:That's nice, and all by value_added · · Score: 1

      In this context (legal action against a website which has a multinational presence), it is becoming more and more apparent that governments don't care where the website comes from.

      While that may be the real issue here, and worthy of prolonged discussion, Lou Dobbs jokes are infinitely easier. ;-)

    11. Re:That's nice, and all by mrbluze · · Score: 2, Funny

      While that may be the real issue here, and worthy of prolonged discussion, Lou Dobbs jokes are infinitely easier. ;-) Tell that to.. uhm.. some other guy uhm.. ok ok you win!
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    12. Re:That's nice, and all by Anonymous Coward · · Score: 0

      No.

      They can make judgments and awards all they like, but they can't enforce them.

      Of course you then need to be careful about traveling to those countries (or even through those countries if the US is any guideline - careful with those last minute flight changes...)

    13. Re:That's nice, and all by PinkPanther · · Score: 1

      Actually, I don't really give a rats *ss about any foreign governments toes I just happen step on. You will care if your business model includes selling advertising and other services in that foreign land, to foreign companies, via a foreign office or some other presence.
      --
      It's a simple matter of complex programming.
    14. Re:That's nice, and all by xaxa · · Score: 1

      A couple of months ago, I noticed that Facebook started telling me that I needed to turn on Javascript, even though I had facebook.com in my allow list in NoScript. I noticed that there was now a second server required, http://www.fbcdn.net/ (I checked CIRA's WhoIs and facebook.ca was snatched up by someone else in 2005). I was recently in the states, so I disallowed fbcdn.net in NoScript (just to see), and there were no complains about my Javascript setting until I returned north of the border. Might fbcdn.com just be the Face-Book-Content-Distribution-Network? All static content (Javascript, images, CSS) is using static.ak.fbcdn.net when I look at a Facebook page (in the UK).

      static.ak.fbcdn.net is hosted by Akamai, which could be interesting, legally. Might it mean that since bits of Facebook are being served from Akamai servers -- in many different countries -- Facebook have a presence in them? Hopefully (for Facebook) they are careful to ensure it's only static content.
    15. Re:That's nice, and all by billcopc · · Score: 1

      It's not so much about the multinational presence, it's about Facebook having oodles of advertising revenue.

      Any sufficiently large target will be attacked, regardless of territory. If Facebook were located in China, I'm sure some dude named Cheung Goldberg would find an excuse to sue them!

      --
      -Billco, Fnarg.com
    16. Re:That's nice, and all by Devin+Jeanpierre · · Score: 1

      By the way, fbcdn.net is hosted in the US by all measures I could find. :p

      --
      -Devin Jeanpierre
    17. Re:That's nice, and all by Anonymous Coward · · Score: 0

      C:\Documents and Settings\dlinning>pathping www.fbcdn.net

      Tracing route to www.facebook.com [69.63.184.11] over a maximum of 30 hops:
      [edit: first few hops removed to protect my identity (I'm sure our IT guys visit slashdot)]
      5 bb1-core-HAM-AAX-G014-v3973.fibrewired.ca [64.201.36.62]
      6 66.46.6.157
      7 ge-3-4.car2.Chicago1.Level3.net [4.71.182.57]
      8 ae-31-51.ebr1.Chicago1.Level3.net [4.68.101.30]
      9 ae-68.ebr3.Chicago1.Level3.net [4.69.134.58]
      10 ae-2.ebr2.Washington1.Level3.net [4.69.132.70]
      11 ae-72-72.csw2.Washington1.Level3.net [4.69.134.150]
      12 ae-21-79.car1.Washington1.Level3.net [4.68.17.67]
      13 FACEBOOK-IN.car1.Washington1.Level3.net [4.79.20.10]
      14 te-9-2.csw01a.ash1.tfbnw.net [204.15.21.214]
      15 www.03.01.ash1.facebook.com [69.63.184.11]

      Computing statistics for 375 seconds...
      ^C

      Looks like they might be in Washington or the general area...

    18. Re:That's nice, and all by Ripit · · Score: 1

      Tell that to the Missouri Highway Patol when you cross the Mississippi river from Illinois on your motorcycle when you're not wearning a helmet.

      Do I tell it to them before or after they're scraping your brains off of the pavement?
    19. Re:That's nice, and all by Anonymous Coward · · Score: 0

      When I did the traceroute, I got some where in the San Fransico area. Perhaps their cluster is world-wide and servers a greater pupose that simply serving Candians?

    20. Re:That's nice, and all by CodeBuster · · Score: 3, Insightful

      it is becoming more and more apparent that governments don't care where the website comes from. They might not like it, but there is not much that they can do about it unless they want to cut off trade, end normalized diplomatic relations, or go to war (not really a viable option anymore these days). They can block the website in question, but that will probably be the end of it.

      but it's not like you can throw rubbish over the neighbour's fence and get away with it so easily on the Internet. Sure you can. What are they going to do about it? Facebook is an American corporation with (as far as I know) no business operations in Canada. The Facebook executives just have to avoid entering Canada personally and never invest any capital there. The De Beers diamond cartel thumbed its nose at the United States for decades in just this way and their executives simply avoided visiting the United States. Canada can try and block Facebook, ala the great firewall of China, but that is about it.
    21. Re:That's nice, and all by CodeBuster · · Score: 1

      Facebook doesn't have any offices in Canada and the ads on their website are served to whomever no matter where they are from. They don't care.

    22. Re:That's nice, and all by PinkPanther · · Score: 1
      They don't care...yet.

      At one point eBay, Amazon and Yahoo! didn't care either.

      --
      It's a simple matter of complex programming.
    23. Re:That's nice, and all by jo42 · · Score: 2, Insightful

      Borders, that is nations, states, etc. are all people-made creations.

      What people can, in their capacity for infinite stupidity, make, they can, in their capacity for reasonable amounts of wisdom, unmake.

    24. Re:That's nice, and all by DaveV1.0 · · Score: 0, Redundant

      I was unaware that FaceBook maintained an office in Canada.

      Oh wait, they don't.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    25. Re:That's nice, and all by Anonymous Coward · · Score: 0

      Cheung Goldberg? Sucks to be his wife.

    26. Re:That's nice, and all by mazarin5 · · Score: 1

      I was recently in the states, so I disallowed fbcdn.net in NoScript (just to see), and there were no complains about my Javascript setting until I returned north of the border. I have this problem in Ohio.
      --
      Fnord.
    27. Re:That's nice, and all by helpfulcorn · · Score: 1

      Like borders, facebook is a people-made creation, that is hopefully one day we can unmake networks where teens congregate and spread stupidity like conspiracy theories and rumors about each other. That and reality shows, I pray for the day they end.

    28. Re:That's nice, and all by Anonymous Coward · · Score: 0

      Or does business with Canadian advertisers. . .

    29. Re:That's nice, and all by 1u3hr · · Score: 2, Insightful
      So, need I actually abide by laws of other countries if my Website is hosted in the USA and I am a citizen of the USA living in the USA? If so, which countries? What happens if I don't and just ignore their BMCing.

      Nothing will happen to you. Unless, like Facebook, you have 7 million members in Canada, take advertising money from Canadian customers and thus have millions of dollars in cashflow passing through Canadian banks, then you might have to take notice if you break laws relating to how you use the information you get from these Canadians.

    30. Re:That's nice, and all by ericspinder · · Score: 4, Funny

      it's not like you can throw rubbish over the neighbour's fence and get away with it so easily on the Internet. Have you ever seen Usenet?
      --
      The grass is only greener, if you don't take care of your own lawn.
    31. Re:That's nice, and all by ady1 · · Score: 1

      Facebook has advertisement deals with Canadian Companies. Choosing to abandon that revenue, whatever it accounts for, won't be that easy.

    32. Re:That's nice, and all by Obsi · · Score: 1

      Those companies, Ebay, Amazon, and Yahoo, have business presence in those countries. Facebook, as far as I know, doesn't.

    33. Re:That's nice, and all by PinkPanther · · Score: 1

      Thus the "...yet".

      --
      It's a simple matter of complex programming.
    34. Re:That's nice, and all by RealGrouchy · · Score: 1

      Canada can try and block Facebook, ala the great firewall of China, but that is about it. Not likely. Canada has the highest per-capita use of Facebook in the world (over 20% of the population), and the third largest Facebook population of any country, after the U.S. (reference)

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    35. Re:That's nice, and all by jbailey999 · · Score: 1

      They can also fine them, and intercept payments from Canadian advertisers in the same way that happens if you decide not to pay taxes.

      They'd just cease any Facebook assets that happen to pass through Canada.

    36. Re:That's nice, and all by jbailey999 · · Score: 1

      As long as you don't plan to have any presence in that foreign country, then you're fine. If your airplane happens to make a stopover in that country, and it turns out there's a warrant for your arrest for unpaid court fines, however, you could run into trouble.

    37. Re:That's nice, and all by sm62704 · · Score: 1

      What does that have to do with anything at all, let alone the subject at hand?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    38. Re:That's nice, and all by sm62704 · · Score: 1

      My hosting service was in Canada. That means I couln't host any content that broke US law, Illinois law, or Canadian law. I was free to completely ignore the laws of any other country.

      Routers don't have to obey any laws except the laws of physice, but the people using them do. You don't send a gun to prison for murder, you send the human who fired the gun.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  2. I don't get it by thermian · · Score: 4, Insightful

    Facebook is free, and it's not mandatory.

    It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site!

    If you don't like it, don't use it.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    1. Re:I don't get it by Anonymous Coward · · Score: 0

      THIS.

      Seriously, I have a profile and I just don't fill in any fields I don't want to share.

    2. Re:I don't get it by al3 · · Score: 4, Informative

      The issue is that in order for a company to do business in Canada it must respect this nation's privacy laws. In this case, it's about notifying people how their information will be used. Check it out: "[PIPEDA is] an Act to support and promote electronic commerce by protecting personal information that is collected..." http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp Facebook is being accused of not following the law of the land. The interesting legal test will be to see whether or not a US-hosted site is required to conform to this law, and how this will impact application developers inside and outside of Canada.

    3. Re:I don't get it by griefers · · Score: 2, Informative

      Actually the 'public policy group' is a group of 4 graduate students from the University of Ottawa.

    4. Re:I don't get it by hweimer · · Score: 4, Informative

      It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site! The problem is not so much the information being shared by using the site as advertized, but the unintended consequences. Why does an application developer (read: everyone interested in your personal data) need to have access to all your data?

      You are probably right that when posting on Facebook one should assume that the information will be essentially available to the general public. However, Facebook claims otherwise and therefore they should be liable for this.
      --
      OS Reviews: Free and Open Source Software
    5. Re:I don't get it by Attila+Dimedici · · Score: 3, Interesting

      The issue is that in order for a company to do business in Canada it must respect this nation's privacy laws. In this case, it's about notifying people how their information will be used. Check it out: "[PIPEDA is] an Act to support and promote electronic commerce by protecting personal information that is collected..." http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp Facebook is being accused of not following the law of the land. The interesting legal test will be to see whether or not a US-hosted site is required to conform to this law, and how this will impact application developers inside and outside of Canada. Actually, the question is, does Facebook do business in Canada, or does it merely do business with Canadians? If it is the former, it must follow Canadian law when doing business in Canada. If it is the latter, Canadian law does not apply. Or to put it another way, does Facebook have a physical presence in Canada?
      If Facebook does not have a physical presence in Canada, exactly how will Canada enforce this law on them, should Canada rule that it does apply? I am pretty sure that the current U.S. Supreme Court would not rule in Canada's favor on this, considering that they still seem to support the ruling that state's cannot enforce their laws on businesses located in other states that do business with residents of said state (sales tax).
      --
      The truth is that all men having power ought to be mistrusted. James Madison
    6. Re:I don't get it by xaxa · · Score: 2, Informative

      It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site! One of the points in the report is that Facebook presents itself as a social networking site and nothing else. The complainants argue that Facebook has other purposes (targeted advertising) which are not made clear. The law states that the use of personal information must be made clear to users when they provide it.
    7. Re:I don't get it by fishbowl · · Score: 1


      >If you don't like it, don't use it.

      If you do use it, and they break the law, the fact that you used it for free is not a defense for illegal practices. You can think of examples where it's possible for a provider of a free accommodation to break the law right? Just because something is free and you don't like it, doesn't mean they get to say "no Irish" or violate privacy laws in your country.

      --
      -fb Everything not expressly forbidden is now mandatory.
    8. Re:I don't get it by ArsenneLupin · · Score: 1

      It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site! Problem is when it shares more information than it promised to do. You can for instance set certain pieces of information to be only shown to friends. However, this doesn't always work as expected, an info can leak out to non-friends.

      Another problem is when it gathers information from third party partner sites, and broadcast this to your friends. Not everybody might be delighted when suddenly their friends see in their minilog that you just bought "How to Come Out to Family and Friends" ... (well at least, after such a mishap, you no longer need the book...)

    9. Re:I don't get it by debrain · · Score: 2, Informative

      Actually, the question is, does Facebook do business in Canada, or does it merely do business with Canadians? If it is the former, it must follow Canadian law when doing business in Canada. If it is the latter, Canadian law does not apply. Or to put it another way, does Facebook have a physical presence in Canada? While physical presence is one of the factors in a forum non conveniens motion, it is not determinative. In Rudder v. Microsoft Corp., 1999 CanLII 14923 (ON S.C.), a Canadian court held that because the EULA required the dispute to be resolved in Washington, Canadian courts were precluded from hearing it. The other factors the Canadian courts (at least in Ontario) consider, per Rudder v. Microsoft, are as follows:

      [20] The factors to consider may be paraphrased as follows:
      (1) in which jurisdiction is the evidence on issues of fact situated, and the effect of that on the convenience and expense of trial in either jurisdiction;
      (2) whether the law of the foreign country applies and its differences from the domestic law in any respect;
      (3) the strength of the jurisdictional connections of the parties;
      (4) whether the defendants desire to enforce the forum selection clause is genuine or merely an attempt to obtain a procedural advantage;
      (5) whether the plaintiffs will suffer prejudice by bringing their claim in a foreign court because they will be
          (a) deprived of security for the claim; or
          (b) be unable to enforce any judgment obtained; or
          (c) be faced with a time-bar not applicable in the domestic court; or
          (d) unlikely to receive a fair trial.


      Also,

      If Facebook does not have a physical presence in Canada, exactly how will Canada enforce this law on them, should Canada rule that it does apply? I am pretty sure that the current U.S. Supreme Court would not rule in Canada's favor on this, considering that they still seem to support the ruling that state's cannot enforce their laws on businesses located in other states that do business with residents of said state (sales tax). To be clear, SCOTUS has no extraterritorial jurisdiction over whether a Canadian court can hear this case; that decision is left completely to the Canadian court. US courts do have exclusive powers over enforcement within their own territory, which enforcement is exercised through the doctrine of comity.

    10. Re:I don't get it by Anonymous Coward · · Score: 0

      Facebook is free, and it's not mandatory. It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site! If you don't like it, don't use it.

      Yes, you clearly don't get it. There were threads and threads that exposed the limits of the "it's free" argument. Moreover, your comment about information sharing at the end is sophistic BS. It's about people choosing to share information with other people, not about people giving up info to a corporation so that it can share that information as it likes. See? When you are significantly smarter than a chimp, you actually get the fact that just because you can use roughly the same words to describe something, that doesn't mean that they are the same things. I'll grant you, you're smarter than a chimp, you probably don't throw feces to communicate anymore, but I know a few blue-assed baboons with better critical thinking skills.

    11. Re:I don't get it by CodeBuster · · Score: 1

      Why does an application developer (read: everyone interested in your personal data) need to have access to all your data? Because you gave it to him directly under terms (probably allowing them to share the data with advertisers) that you agreed to. This is not quite the same thing as a third party giving your information to another third party since all Facebook users signed themselves up for the service themselves. Facebook is an American corporation so if you want to dispute the terms of service (TOS) as violating privacy (and collect actual damages when and if you win) then you would have to do it in an American court and the United States has very weak or non-existent privacy laws.

      However, Facebook claims otherwise and therefore they should be liable for this. Yes, except the terms of service (TOS) included the, "we reserve the right to change the agreement at any time, including retroactively, and you agree to any and all changes by continuing to use the service" clause so they are not actually liable because you agreed to their terms by continuing to use the service after they changed the terms of service.
    12. Re:I don't get it by neoform · · Score: 1

      If Facebook does not have a physical presence in Canada, exactly how will Canada enforce this law on them, should Canada rule that it does apply? I am pretty sure that the current U.S. Supreme Court would not rule in Canada's favor on this, considering that they still seem to support the ruling that state's cannot enforce their laws on businesses located in other states that do business with residents of said state (sales tax).
      If the Canadian government does not approve of the site it can threaten to block it the way china does in order to get the site to comply with Canadian laws.

      Essentially it's in the interest of Facebook to comply with the laws of the countries it does business with if it wishes to continue doing so.
      --
      MABASPLOOM!
    13. Re:I don't get it by Anonymous Coward · · Score: 0

      Thank you for that..comity...I couldn't think of the word. I like how the slashdumb crowd go with the 'tell canada to f**k Off' just because a little thing like 'presence' is somehow the holy grail of law enforcement.

      Good god are people that Naive? This isn't how international relations works. No wonder Americans are looked up as the global village idiots when it comes to international diplomacy.

      When a large company from one country starts to cause problems with basic fundamental laws within another country (especially if they are neighbours) you can be as sure as hell that 'physical presence' will matter not an iota.

      morons

    14. Re:I don't get it by Anonymous Coward · · Score: 0

      While physical presence is one of the factors in a forum non conveniens motion, it is not determinative.

      This isn't really a forum non conveniens issue, it's just a plain personal jurisdiction question.

    15. Re:I don't get it by Anonymous Coward · · Score: 0

      It should be obvious to anyone with a level of intelligence higher then a chimp
      We're talking about Canadians here.
    16. Re:I don't get it by Anonymous Coward · · Score: 0

      Actually the case law in Canada is that doing business with Canadians is sufficient to be bound by the privacy laws. You can see http://www.cippic.ca/documents/privacy/court-cases/abika_judgement2007feb05.pdf for some details, but the summary is:

      In it's 2005 ruling in Philippa Lawson v. Accusearch Inc. the Federal Court decided that PIPEDA (the Canadian Personal Information Protections and Electronic Documents Act) does apply to any cross-border flow of personal information. The judge compared this with an earlier Supreme Court of Canada ruling that found that the Copyright Act applies to communications to and from Canada.

      How those laws are enforced is another question. Sometimes Canada and the US cooperate, such as Holt Cargo Systems Inc. v. ABC N.V. (2001) where the Canadian courts chose to enforce a US lien against a ship even though the ship was in Canada and there was no basis for the lien under Canadian law. Other times the countries don't play well together and we basically just start by publicly shaming Facebook for violating Canadian law.

    17. Re:I don't get it by debrain · · Score: 1

      This isn't really a forum non conveniens issue, it's just a plain personal jurisdiction question.

      You're absolutely right; the test I took from Rudder was jurisdictional. I noticed that after I had hit "submit". They are neatly intertwined, so I beg your indulgence (and indeed, it is worth noting that equivalent principles to prevent "long-arm" jurisdiction seen by using forum non conveniens in Canada is in many of the US states created by the in personam jurisdictional test arising out of the 14th Amendment).

      Assuming a Canadian court and a foreign court both have jurisdiction over the matter, the test for forum non conveniens motion to stay a proceeding in Canada comes from the Supreme Court of Canada in Amchem Products Incorporated v. British Columbia (Workers' Compensation Board), 1993 CanLII 124 (S.C.C.): "Under this test the court must determine whether there is another forum that is clearly more appropriate".

    18. Re:I don't get it by Anonymous Coward · · Score: 0
      The whole point of privacy standards is that the view you have just stated is not good enough.

      Facebook is free, and it's not mandatory.

      It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site!

      If you don't like it, don't use it.
    19. Re:I don't get it by Attila+Dimedici · · Score: 1

      Since when is Facebook a large company?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    20. Re:I don't get it by Anonymous Coward · · Score: 0

      I don't get it! Coming over to my house is free, and it's not mandatory.

      It should be obvious to anyone with a level of intelligence higher then a chimp that I want something from you when you come over to my house!

      Girls are required to bend over, drop their panties, and take it when they show up. Crying rape after the fact is ridiculous!

      If you don't like it, don't come over!

      Just because something is free and not mandatory does not give it a pass from the rule of law.

    21. Re:I don't get it by Anonymous Coward · · Score: 0

      In an earlier case that CIPPIC won in 2005, the Canadian Federal Court ruled that Canadian privacy laws apply to a credit checking service even though the business had no physical presence in Canada. Dealing in information about Canadians and sending that information across the border is enough.

    22. Re:I don't get it by Anonymous Coward · · Score: 0

      Well, calling people names like chimp is easy to do , but if you have an innocent 12 year old daughter, perhaps you might not appreciate that and perhaps you might want to consider, in a more humane manner, the possible ramifications of companies that tread over your rights.

      Facebook allowed private information to be obtained by myluvcrush.com about my 12 year old daughter. They, with the knowledge and complicity of the phone carrier (TELUS mobility) send unsolicited and illicit e-mail to my daughter( who is only 13) daily, for the last month .

      I called TELUS and spoke to 4 people and got this e-mail response (below) all people at TELUS said we are not going to stop these myluvcrush.com as subscribers , that would disable there ability to target children.

      If you think that is right, then perhaps you might consider that on day the prowler might be a pedophile. If you still want to call that no concern of yours and that we are all just chimps, then perhaps you have lost touch with your humanity, making you the chimp, chump

      I am Chris Squires and would love to talk to you any day you like

  3. If you are on facebook and are concerned about by antifoidulus · · Score: 4, Insightful

    privacy, you are doing it wrong.

    1. Re:If you are on facebook and are concerned about by Some1too · · Score: 1

      This is so true. I just didn`t get the fascination with facebook. All my geek (and non geek) friends seemed to think it was the greatest thing since sliced bread. All i saw was a way for people I didn`t want to stay in touch with to find me easily. I suppose the interwebz for the masses needs to be something that they can just point, click and see pictures of themselves. It`s nice to see Canadians concerned about their privacy none the less. This being slashdot i haven`t read the article of course :-)

    2. Re:If you are on facebook and are concerned about by SBacks · · Score: 3, Insightful

      Facebook is great for keeping up to date on all those people from your past that you care enough to know what they're up to, but not enough to actually talk to them. High school classmates, ex-girlfriends, etc.

      It's the new equivalent of "Hey, did you hear x got married?"

    3. Re:If you are on facebook and are concerned about by CastrTroy · · Score: 1

      I don't really get it either. People send more messages on facebook now then they do emails. So now when I got check my email, I find out that I have a message from so-and-so, and then I have to go to facebook to actually read the message. Personally I see it waning in popularity. It was cool at first, but now it's kind of old news. I mostly only go on there if I get a message from someone else, which seems to becoming quite a bit less frequent. I'm sure it's still alive and kicking, but I really don't see what all the fuss is about. It used to be nice, because it was like myspace, except without the ugly pages. Now that all the apps have flooded in, The sites look just as ugly as myspace, except that you can't add any personal flare.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:If you are on facebook and are concerned about by BForrester · · Score: 2, Insightful

      Excuse the blatant stereotyping for the purposes of making an analogy:

      If a white person goes for a stroll through Harlem wearing an "I hate black people" t-shirt, and gets shot, that makes him a moron. And dead.

      It doesn't mean that the shooter has a license to kill because of the victim's idiocy.

  4. Much stricter? by analog_line · · Score: 1

    much stricter than US personal information protection laws.


    Aside from medical records and IRS records, I wasn't aware that we actually had any personal information protection laws.
  5. Wrong Target by Anonymous Coward · · Score: 1, Informative

    I've just got addicted to Facebook after months of my girlfriend nagging that she wanted to have "xxx is in a relationship with yyy" on her profile.

    I've actually been very impressed with the level of privacy controls.

    I'm a school teacher and have my collegues and students blocked from certain areas that only my close friends can access.

    I can change what data applications can access, and edit it at a later date, and there is plenty of explanation of what will be shared.

    Compare this to most sites with a simple "We will share your info, OK?" box, and I think Facebook should be commended for giving users this level of control over their data.

    1. Re:Wrong Target by Anonymous Coward · · Score: 2, Insightful

      ...after months of my girlfriend nagging that she wanted to have "xxx is in a relationship with yyy" on her profile. Dude. Just fucking run... NOW!

      Anyone who nags you to get a Facebook account just so she can say she's dating you... oh, forget it. It's far too early to start having this conversation.

    2. Re:Wrong Target by JasterBobaMereel · · Score: 1

      ...and what data did you put on Facebook

      Mine contains my name and age ... and that's about it ... you might be able to work out more from my friends but ...

      No contact details
      No address
      So ... no way of mining data

      --
      Puteulanus fenestra mortis
    3. Re:Wrong Target by xaxa · · Score: 1

      Compare this to most sites with a simple "We will share your info, OK?" box, and I think Facebook should be commended for giving users this level of control over their data. The second point in the report is that Facebook doesn't have a "we will share your info" box, specifically, date of birth. You must provide the date of birth to use the service, which violates one of the privacy rules.

      I'm a school teacher and have my collegues and students blocked from certain areas that only my close friends can access. Teachers in Scotland have been asked ... [to] not involve themselves with social networking sites, or be in a situation where an online relationship could form with a pupil.
      (Off-topic, but I thought I'd throw it in.)
    4. Re:Wrong Target by Colonel+Korn · · Score: 1

      ...and what data did you put on Facebook

      Mine contains my name and age ... and that's about it ... you might be able to work out more from my friends but ... I don't even think it's reasonable to put a real name up. All these companies share all the data they have on you, so if one of them has your name and another has your photo and another has your browser photo, they have a complete file on you. I think it's safer to remain anonymous everywhere.

      --
      "I zero-index my hamsters" - Willtor (147206)
    5. Re:Wrong Target by Anonymous Coward · · Score: 0

      I put my picture on facebook, but just to be safe I make sure I am wearing a tinfoil hat in the photo. I use a different photo and a different tinfoil hat for all my online profiles to prevent data mining.

    6. Re:Wrong Target by Quattro+Vezina · · Score: 1

      Just keep wearing that tinfoil hat...

      --
      I support the Center for Consumer Freedom
  6. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  7. Online = Target by Anonymous Coward · · Score: 0

    AC and considering your slant, I'll assume a Facebook shill, in my opinion.

    "I've just got addicted to Facebook after months of my girlfriend nagging"

    Friend, you've no balls, and frankly you're the type who would likely be easily fucked via social engineering.

    "I've actually been very impressed with the level of privacy controls."

    You're probably easily fooled, see above.

    "I'm a school teacher and have my collegues and students blocked from certain areas that only my close friends can access."

    First, most school teachers I've met are horribly backwards when it comes to being tech savvy, I'm surprised you found Slashdot, though from reading your post you sound like a Facebook shill so I'm probably wasting my time replying. If it's online, your control over your privacy is an illusion, especially with sites like Facebook.

    "I can change what data applications can access, and edit it at a later date, and there is plenty of explanation of what will be shared."

    If it's online, eventually it will ALL be shared one way or another, unless it's encrypted with proper security procedures/methods followed by the book, and even then social engineering is at play among other things.

    "Compare this to most sites with a simple "We will share your info, OK?" box, and I think Facebook should be commended for giving users this level of control over their data."

    Get this through your thick fucking skull: If it's online, YOU have NO CONTROL, only the illusion of control.

  8. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  9. Re:Don't use it then! by Seoulstriker · · Score: 1

    The issue in it is that Facebook's actual privacy implementation is significantly worse than what its privacy statement implies. If you knew the Facebook sells your personal information to 3rd parties, and that 3rd parties submit your external facebook activities to Facebook, would you sign up in the first place?

    --
    I am defenseless. Use your button. Mod me down with all of your hatred.
  10. Odd that Slashdot dosent understand by MrShaggy · · Score: 4, Interesting

    I am assuming this will hit the flametard mods. :) However, as being a Canadian, who feels reasonably well informed. I also did read the article, it did make sense. The laws are there to make for disclosure. Which according to many on this site, and others is a good thing. How many times is the battle cry 'how come they didn't open up this standard '. I would rather have this sort of law pushed internationally instead of that dread dmca, as well as many other entertainment industry issues, as well as setting international trade policies. At least this law is for the people. This is the same law that people are using to smack Bell with. Many people seemed to think that was also a good thing. In fact I believe that CPPIC was the same group that also lobbied the crtc with CAIP. I also for one would be using this law if I found out that some company decided to loose my credit card information. I think a few million dollars would do nicely to appease my pain and suffering.

    --
    I have mod points and I am not afraid to use them.
    1. Re:Odd that Slashdot dosent understand by modustollens · · Score: 1

      Yes, its true: modern Canadians are mindless sheep that fail to secure their own self-interests with a bit of practical forethought and need the nanny state to protect them from the evil internet that they willingly post their own private data to. Great.

    2. Re:Odd that Slashdot dosent understand by MrShaggy · · Score: 1

      mmm nice troll... :) Anyways. Its just nice that there is something there to protect you consumer vs. BIG UGLY GORILLA(of your choice). Instead of the usual way in the states, when you feel your rights being violated, but the US Constitution dosen't mean anything. Especially when you let them take things away piecemeal.

      --
      I have mod points and I am not afraid to use them.
    3. Re:Odd that Slashdot dosent understand by ArsenneLupin · · Score: 1

      At least this law is for the people. It depends. The same privacy laws are (ab)used by Canadian police when they lock up some poor tourist without access to a phone nor a lawyer.

      Sometimes you do want your friends to know what happened to you, that knowledge might allow them to get you outta there...

      In the meantime: when travelling to Canada, do not only leave the details of your trip with friends, but also with family... Friends might not be able to help if you suddenly drop off the radar (due to Canadian privacy laws), whereas family might (... or police will just find another excuse, maybe...)

    4. Re:Odd that Slashdot dosent understand by MrShaggy · · Score: 1

      What does this have to do with online privacy? This is part of Canadian law. Now, if there is an issue that happens becuse someone gets arrested improperly, I am sure that happens everywhere. It is easy to manufacture evidence. Look at what the states, have bben doing. Look out gitmo, here i come!

      --
      I have mod points and I am not afraid to use them.
    5. Re:Odd that Slashdot dosent understand by ArsenneLupin · · Score: 1

      What does this have to do with online privacy? It does have nothing to do with online privacy, but it sure as hell has to do with privacy laws in general, because that's what police uses to hide behind in such cases.

      Now, if there is an issue that happens becuse someone gets arrested improperly, I am sure that happens everywhere. Sure enough... But at least places such as China will admit that they have arrested somebody, rather than hiding behind privacy and data protection laws.

      It is easy to manufacture evidence ... and it is also easy to manufacture entire trials...

      Look at what the states, have bben doing. Look out gitmo, here i come! Yes, Canada is probably not the worst place as far as police abuse is concerned... That still doesn't make it right. And hiding behind laws that are supposed to protect the public is cynical.
    6. Re:Odd that Slashdot dosent understand by Anonymous Coward · · Score: 0

      http://laws.justice.gc.ca/en/charter/ overrides privacy laws. If police are hiding behind privacy laws then they are breaking the law.

  11. Re:Don't use it then! by xaxa · · Score: 4, Informative
    There are still privacy issues even if you don't use Facebook, as identified in the document. Facebook users can still tag non-Users in photos and videos, and invite them to events. Facebook collects and retains this information without the non-User providing any consent!

    Here's one extract:

    When Facebook collects non-Usersâ(TM) email addresses to send them invitations to Facebook, it collects this personal information from parties other than the individual in question. By retaining
    such email addresses for its own purposes, Facebook is violating the âoeknowledge and consentâ principle outlined in Principle 4.3.3 of PIPEDA by not informing the individual why his or her email address is kept. The non-User has not consented to this retention of information, and is most likely unaware that it is taking place. The non-User only receives an automated email from
    their friend via Facebook, which encourages the individual to join the Network. The email gives no indication to the receiver that their information will now be kept on file or that they must contact Facebook directly to remove themselves from the list. Furthermore, if the individual has received more than one invitation to join Facebook, all past invitations will reappear on the new invitation. This is a clear example of how Facebook retains non-Userâ(TM)s information.
  12. Crazy by hairykrishna · · Score: 4, Insightful

    Facebook is not a good site for the privacy concious. My friend always maintained that the one thing that orwell didn't forsee is that people would pay for and maintain their own cameras.

    --
    "Physics is to math as sex is to masturbation." -R. Feynman
    1. Re:Crazy by CodeBuster · · Score: 2, Insightful

      It is ironic isn't it that during the Cold War the Soviet block governments employed armies of agents to compile and maintain paper dossiers on their citizens (particularly in the former East Germany) and now people do the government's work for them by posting every detail of their lives on websites where any intelligence agency can easily find them. The kids who are doing this are apparently completely naïve about the possible long term consequences of what they are doing.

    2. Re:Crazy by stuntpope · · Score: 1

      I don't know what other people are posting on their Facebook profile, but I wonder about the long-term consequences of the government knowing I was mowing my yard on Thursday, and I like Johnny Winter.

    3. Re:Crazy by CodeBuster · · Score: 1

      From what I can see it is not uncommon for people to be members of political groups or pontificate on controversial subjects in their journal all while using their real name for their profile complete with pictures. Now obviously some people, a perspective employer for example, might decide that they would rather not be associated with a "flaming liberal" or a "right wing nutcase" and since job candidates never find out why they were not hired these days, because of discrimination lawsuits, it would be difficult to prove that you were denied the position because your Facebook journal contained controversial ideas or you had the "wrong friends" or that picture of you passed out in college shows "questionable judgment". You may be careful about what you post, but many young people are not so careful and they are too young to understand that Facebook doesn't have a real "delete" button (i.e. they may remove it from the view but I doubt that the actually purge any potentially useful information from their database once they get their claws on it).

  13. In Soviet Russia ... by Anonymous Coward · · Score: 0

    In Soviet Russia, privacy compromises you.

  14. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  15. Promoting 'opt in' privacy provisions in contracts by GlowingWhispers · · Score: 2, Insightful

    The issue of whether there should be "opt in" or "opt out" privacy terms is critical. The use of "opt in" contractual terms promotes companies providing more carrots to get a bite from you.

  16. Leaveing Facebook by Saint+Gerbil · · Score: 2, Interesting

    I'm surprised that its also impossible to leave facebook and have your details deleted, without contacting them directly and then there's about 100 step process in order to get shot of it.

    1. Re:Leaveing Facebook by thermian · · Score: 2, Insightful

      I'm surprised that its also impossible to leave facebook and have your details deleted

      When I'm going to leave it I'll just change the data first to nonsense, leave it for a few weeks to make sure it filters through the system, and then disable my account.

      Not that I've ever put any really private stuff there.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    2. Re:Leaveing Facebook by Anonymous Coward · · Score: 0

      If someone creates an account pretending to be you the process is rather simple. It happened to me and took me a total of 2 e-mails to get resolved

  17. Re:Don't use it then! by PinkPanther · · Score: 1

    Your definition of need and mine differ dramatically.

    --
    It's a simple matter of complex programming.
  18. I am canadian but.. by anethema · · Score: 2, Insightful

    I don't really understand this. Is any part of Facebook based in Canada? If not, how are they subject to our tighter privacy laws?

    I can't see how they would be.

    --


    It's easier to fight for one's principles than to live up to them.
  19. Of course profit trumps privacy... by Bullfish · · Score: 2, Funny

    and why should Facebook tell you what they are doing? That would give away a competitive edge.

    Stupid Canadians are so un-American.

  20. Just cut out Canada... by CohibaVancouver · · Score: 2, Insightful

    If this 'noise' becomes a problem for Facebook Inc. I suspect the simplest solution for them will be to simply lock out Canada. The market here in Canada is pretty small (population 33 million) and probably not really worth the effort. You could just say that in we're 'not accepting new users from Canada and in 90 days all Canadian accounts will be deleted.'

    1. Re:Just cut out Canada... by Anonymous Coward · · Score: 1, Interesting

      I'm not sure Facebook would lock up 10% of its user bas.

      "Facebook [...] has around 70 million registered users worldwide - including around seven million Canadians."

      http://www.bigmouthmedia.com/live/articles/facebook-falls-foul-of-canadian-law-students.asp/4795/

    2. Re:Just cut out Canada... by CohibaVancouver · · Score: 2, Insightful
      I'm not sure Facebook would lock up 10% of its user bas.

      "Facebook [...] has around 70 million registered users worldwide - including around seven million Canadians."

      The math is more complicated than that, though. If the 7M hoseheads are high school kids with no spending power, or users that log in infrequently, then their value goes down - You can't just base it on numbers. My wife is a Canadian Facebook user who hasn't logged in in 2 months.

    3. Re:Just cut out Canada... by Bananenrepublik · · Score: 1

      ... and with no further data to the contrary you would assume that Canadian users are just like other facebook users, i.e. if they're 10% of the facebook population, they constitute 10% of Facebook's value.

    4. Re:Just cut out Canada... by vajaradakini · · Score: 2, Insightful

      And how many users from other countries log in infrequently?

      Furthermore, how do you determine which users are Canadians? If I leave all my networks, I could be living anywhere in the world. If you go by IP addresses you'll be eliminating people who are just living in or visiting Canada, but not Canadians living or visiting abroad.

      --
      what's that now?
    5. Re:Just cut out Canada... by CohibaVancouver · · Score: 1
      Furthermore, how do you determine which users are Canadians?

      As a Canadian, when I surf the web I encounter content that isn't available to me - Amazon.com won't let me put an MP3 purchase in a shopping cart, even if I'm not logged in. CBS.com won't let me watch the latest episode of "Survivor" etc. etc. etc.

      I'm sure I could do all kinds of proxy cleverness, but I suspect the vast majority of Facebookers would simply give up on the service if it was unavailable in Canada.

  21. Re:Don't use it then! by Anonymous+Brave+Guy · · Score: 4, Interesting

    It was always the information collected from other users that bothered me about Facebook. I signed up briefly in the early days, keen to see what all the fuss was about. Despite deliberately giving them almost no personal information about me, within a few days they practically had half my life story, generously volunteered by my friends with no doubt the best of intentions but certainly not my permission or consent. I deleted my account soon after joining, only to discover later that they don't really delete the information anyway.

    There doesn't seem to be much point suggesting on Slashdot that this is unreasonable, maybe even dangerous, behaviour, though: last time I just got heavily down-modded and told I should read some Ts&Cs page on an obscure URL that I was supposed to have found before signing up (which, as far as I could tell, was not even available to non-users at the time). I guess "information wants to be free" mentality trumps "identity theft can ruin your life" and "privacy is important" around here. :-(

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

    Blotkis is not concerned.

  23. Oooohhh Caaaaannnnaaddaaa..... by thefacebook · · Score: 0, Flamebait

    FUCK OFF!!! I have no operations in your country and you have no legal recourse in mine.

    Sincerely,

    Your AMERICAN Neighbor (NOT Neighbour) to the south The Facebook.

  24. Not a bad idea by scamper_22 · · Score: 1

    I know many people are going to say well...it's the users choice to paste their pictures or write about their life, or sign up to applications...so it's their responsibility/fault.

    However, there is nothing wrong with having a commission look at facebook. I hope as a productive force, as opposed to a legal force. By that I mean a commission to look at how facebook can improve privacy/protect citizens, as opposed to finding a way to sue it.

    Maybe we need to change the default options for some parts of facebook.
    Maybe the default security options for external applications can change?
    Maybe you should be able to use an alias for 3rd party applications.
    Maybe we need to look at the social consequence of idiots posting embarrassing photos or videos of other people? How should facebook handle that?

    Facebook really is pretty different as most people actually use their real names and people seem to be putting in their real information. I try to limit it (no address/phone numbers...), but others might not be as careful. It's definitely worth looking into. Again not to shutdown or sue facebook, but to improve it from a public policy/safety standpoint..
    and to help all those men/women caught cheating on their gfs by posted photos or wall posts :P

  25. Yeah, good luck with that lawsuit. by DaveV1.0 · · Score: 1

    I don't think they will have standing because Facebook operates under U.S. rules.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  26. step to enhance privacy on Facebook by Benjamin_Wright · · Score: 1

    Facebook users do not have to be passive about privacy. To deter employers from viewing social networking pages, employees might post terms of service under which employers agree to scram. This idea should not be taken as legal advice, just something to think about. --Ben http://hack-igations.blogspot.com/2007/11/privacy-advocates-such-as-nyu-professor.html

    --
    Benjamin Wright, Dallas, Texas, benjaminwright.us
  27. Re:That's nice, and all - insightful? by subl33t · · Score: 1

    insightful?

    knuckle-dragger mods...

  28. Today is the day that Canadian reason died by Secret+Rabbit · · Score: 1

    Point of fact, Facebook does NOT have offices in Canada. They have offices in Palo Alto, London (UK), NewYork, Los Angeles, etc. But, not one in Canada. Therefore, they are not bound by Canadian law. Quite frankly, as a Canadian, I encourage Facebook to tell these nut jobs to go f**k themselves.

    As an aside, this is what happens when Conservatives are in power, and education takes a downturn. No offence to the US people here, but, this is just an indication that we are well on our way down the path to where you guys are. Time to start wacking people with clue sticks...

  29. As a Canadian citizen with Canadian friends by WillAffleckUW · · Score: 0, Redundant

    I can personally attest that it's not just Facebook that's violating my Constitutional RIGHTS.

    And as a dual citizen living in the USA, under NAFTA, I never gave up my rights by living here either, under the treaty.

    Which, as any educated American knows, supercede any Congressional laws, as treaties are a higher law.

    --
    -- Tigger warning: This post may contain tiggers! --
  30. I'm on so much stuff now I can't think anymore! by LaoziSailor · · Score: 1

    I'm on so much stuff now I can't think anymore!

    --
    ~ Artificial Intelligence is better than none! ~
  31. facebook must abide by Anonymous Coward · · Score: 0

    Even if Facebook is an American company, it still has to abide by Canadian rules - there's no way around it. Nafta, remember, puts companies on equal footing and they cannot hide behind their borders. Also, Facebook has specific offerings for Canadian audiences, such as French Canadian Facebook - Much of the advertising that Facebook serves to Canadians are from Canadian companies. It's easy to argue that Facebook created product features specifically for Canadians. If Facebook can take money from Canadian advertisers, in Canadian dollars, it cannot claim that it doesn't have to abide to Canadian laws... Facebook's lawyers probably know this and that's why they denied all the charges. They know that if the Canadian Privacy Commission finds them guilty of something, they will have to abide and change their offerings to Canadians, or ban them outright.

    Other companies, ban Canadians from accessing their servers. For example, you can't watch Desperate Housewives from ABC.com, if you come from Canada. So for all those saying Facebook doesn't have to abide to Canadian privacy laws, well, they have to, and so does any company US or foreign that allow Canadians to access its servers. I expect other big Web sites to be next in line to be forced to update their privacy procedures to Canada's standards.