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Facebook Can Track Your Browsing Even After You've Logged Out, Judge Says (theguardian.com)

A U.S. judge has dismissed nationwide litigation accusing Facebook of tracking users' internet activity even after they logged out of the social media website. From a report: The plaintiffs alleged that Facebook used the "like" buttons found on other websites to track which sites they visited, meaning that the Menlo Park, California-headquartered company could build up detailed records of their browsing history. The plaintiffs argued that this violated federal and state privacy and wiretapping laws. US district judge Edward Davila in San Jose, California, dismissed the case because he said that the plaintiffs failed to show that they had a reasonable expectation of privacy or suffered any realistic economic harm or loss. Davila said that plaintiffs could have taken steps to keep their browsing histories private, for example by using the Digital Advertising Alliance's opt-out tool or using "incognito mode", and failed to show that Facebook illegally "intercepted" or eavesdropped on their communications.

19 of 124 comments (clear)

  1. Block early, block always by nitehawk214 · · Score: 5, Insightful

    Block all ads, all 3rd party scripts. All the time, with no exceptions.

    If the site won't load without ads and 3rd party scripts enabled, then you don't need to see that content.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
    1. Re:Block early, block always by adturner · · Score: 4, Informative

      It's amazing how many anti-ad-blocking tools that websites use don't work and let you read the content unmolested if you disable JavaScript.

    2. Re:Block early, block always by Luthair · · Score: 2

      CDNs do have some performance advantages since they'll often be edge cached. The issue really is third party content.

    3. Re:Block early, block always by AmiMoJo · · Score: 2, Interesting

      We have Google to thank for that. The Googlebot doesn't like having to run Javascript just to see content and down-ranks sites heavily because of it. In order to be found sites have to offer content to Javascript-free clients, including you.

      It's kinda scary how much power Google wields, even when it does work in our favour.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  2. Your best choice by Kohath · · Score: 4, Insightful

    As a safeguard, you should just never login to Facebook.

    1. Re: Your best choice by dougdonovan · · Score: 2

      whats facebook. oh yeah, thats where everyones business is everyones business. probably why i dont have an account. its for kids and grandparents that dont know any better.

    2. Re:Your best choice by sit1963nz · · Score: 5, Interesting

      Irrelevant, Facebook still builds a profile, still tracks you and still updates its information about you.
      Hell I bet they even know what you look like, all it requires is someone you know who is on Facebook to upload photos with you in it.
      From there they can start doing a process of elimination.

      Because they look at the sites you visit they can tell your gender (50% reduction in the unknown just with that item)
      Age, race, religion, political ideology, income, and where you live are also discernible with enough data. And its not just the data they get from Facebook , they will have scraped data from phone directories and other public facing databases, they would also have paid for other information from other sources such as store loyalty cards, frequent flyer lists, etc etc etc etc etc.

      They also "sell" that information,based on their data are you currently looking at going on a holiday, those web sites can then bump up the prices slightly because they too know your income, etc.

      And not once have you ever had a Facebook account.

      If you think simply not having a Facebook account is all it takes then flying is just the art of aiming at the ground and missing.

  3. sooo... by TRRosen · · Score: 3, Interesting

    once again lawyers file silly suits without knowing how technology works.

    1. Re:sooo... by rjstanford · · Score: 3, Insightful

      If you sign up for Facebook, you have no expectation of privacy.

      When using their site - with that caveat I'd agree with you. Affirmatively and explicitly choosing to log out of Facebook should restore that expectation of privacy, even if at some random point in the past you had indeed signed up.

      --
      You're special forces then? That's great! I just love your olympics!
  4. Expectation of privacy? by Dadoo · · Score: 2

    Ummm... I logged out of Facebook. How is that not an expectation of privacy?

    --
    Sit, Ubuntu, sit. Good dog.
  5. Re:Problem with solution by ewhac · · Score: 3, Interesting

    Not that I disbelieve you, but could you furnish a couple of examples? I can't recall seeing a Web site that refused to work when accessed via Incognito mode.

  6. Re:Obviously. by rjstanford · · Score: 5, Insightful

    It shouldn't be unreasonable to expect that logging out of Facebook caused them to stop treating that browser window as being "you" for their purposes as well as yours.

    --
    You're special forces then? That's great! I just love your olympics!
  7. Re:Obviously. by Anonymous Coward · · Score: 2, Informative

    You don't need to actually click on them to be counted, though if you do they can also update your psych profile based on what you are Like'n.

  8. Re:Obviously. by Luthair · · Score: 3, Interesting

    Its not the link, its the fact that sites embed Facebook scripts that your browser requests and Facebook uses to track people browsing the web. When the user isn't logged in they still track them and attempt to associate it with an account later. Its pretty sleazy and why you should have Adblock block Facebook (and Twitter, and Google) domains on third party sites.

  9. Re:Obviously. by reboot246 · · Score: 5, Interesting

    The only winning move is not to play. Seriously, I've never had a Facebook account and I pity those millions who do.

    If one insists on being a Facebook minion, just use a different browser and dedicate it only to Facebook. Call it a "throwaway" browser. Then never use it for anything else but Facebook.

  10. Re:Problem with solution by phryxus · · Score: 2

    ...I can't recall seeing a Web site that refused to work when accessed via Incognito mode.

    I can't either, and moreover, I don't understand why they wouldn't work; how could the website even know you're in incognito mode?

    I was under the impression incognition* happens after the fact. I.e. the incognito window behaves as normal, but then once the window is closed / program exited, it then deletes a bunch of stuff (that it normally would not, and unbeknownst to all the websites you visited in that incog session). That's why you can even use, e.g., gmail, with all its myriad cookies flying all over the place, while incognito. I wouldn't know about fb (I don't even OWN a tv...)

    And yeah, maybe browsers normally send some flags over as well, but would those be distinguishable from normal do-not-track flags (that are sent in non-incognito sessions)? Maybe some websites are set up to break when they receive a do-not-track request (in which case see comments around here to the effect of **kbai**), but if so, probably the browsers could be tweaked (w/ extensions or whatever) to send no flags while incognito?

    *I demand this be a word

  11. Re:Obviously. by jenningsthecat · · Score: 4, Insightful

    The only winning move is not to play. Seriously, I've never had a Facebook account and I pity those millions who do.

    You're probably playing to some extent, whether you realize it or not. I run No Script and an ad blocker, and I also don't have a Facebook account, so I'm probably better off than Joe Average when it comes to being tracked. I also do my best to make sure that friends and acquaintances don't post my name or picture. Even at that, I wouldn't be surprised to learn that FB knows a lot about me. If you think your abstinence from social media means you're not being tracked and commoditized, you're being naive.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  12. Re:Here's how to stay private by Tony+Isaac · · Score: 2

    It doesn't matter if you never, ever log in to facebook, they can still track you. Any time you visit any web site that has a "Like us on facebook" icon (or other completely hidden scripts), it sends information to facebook that you (some anonymous person with a unique identifier) visited their site. Now, you visit another such site, and that icon sends facebook your unique ID, along with information that you logged in to that site. Eventually, they can piece together enough information to connect your unique ID to your real identity.

    The only way to stay private is to never connect to the Internet.

  13. Re:Obviously. by thsths · · Score: 2

    We do need lawsuits, because this is illegal. It is no doubt sensitive data, it is not just personalisable data, Facebook is actually working hard on making it personalised data. And there is no consent given. So Facebook does not have any right to do this.