FTC settlement aside, Facebook still owns your privacy

Facebook

"I founded Facebook on the idea that people want to share and connect with people in their lives, but to do this everyone needs complete control over who they share with at all times," Facebook CEO Mark Zuckerberg wrote in a blog post Tuesday, following news of the social network's settlement with the Federal Trade Commission over mass privacy violations. "This idea has been the core of Facebook since day one." 

One need look no further than an IM exchange between a 19-year-old Zuckerberg and a friend soon after he launched Facebook in his Harvard dorm room in 2004 to call shenanigans on that statement alone:

Zuck: Yeah so if you ever need info about anyone at Harvard

Zuck: Just ask.

Zuck:I have over 4,000 emails, pictures, addresses, SNS

[Friend's name redacted]: What? How'd you manage that one?

Zuck: People just submitted it.

Zuck: I don't know why.

Zuck: They "trust me"

Zuck: Dumb f**ks.

But hey, who am I to resurface the youthful indiscretions of a responsible adult? That's Facebook's job — and that's the problem.

Everything about Facebook is designed to make it easy for people to reveal things about themselves. Nothing about Facebook's FTC settlement — and a spin-heavy mea culpa from the CEO and/or media consultant — changes that.

According to the FTCcomplaint, Facebook "deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public."

In the FTC settlement, Facebook is now barred "from making any further deceptive privacy claims." It also requires "that the company get consumer's approval before it changes the way it shares their data, and requires that it obtain periodic assessments of its privacy practices by independent, third-party auditors for the next 20 years."

The settlement does not require that Facebook restore the privacy settings it rolled back in 2009, which led to the FTC investigation. Much of your information is still widely available to the public — as well as to Facebook's business partners — by default. If you want more privacy, you need to "opt-out," otherwise your info is out there for anyone to see.

For example, Facebook has simplified the privacy settings, and given users more control. But hiding information involves granular settings, and many steps, while leaving your info for almost anyone to find is as easy as logging on to the site. If users even understand the privacy settings, limiting sharing to a certain group is a tedious effort compared to just posting their stuff to the known world. 

Oh, and guess what? There are still no privacy controls on your name and profile pic. It's right there in the Terms of Service.

Nothing in the FTC settlement requires Facebook to change that, so the big land grab Facebook made on your privacy two years ago remains a success. With two former FTC members in its employ, you best believe Facebook knows what it's doing. Facebook is increasingly inextricable from our lives. Take, for example, this article. Want to comment on it? Log on to Facebook.

The Kool-Aid that Facebook's increasingly asking you to drink is echoed here in Zuckerberg's note: "We made it easy for people to feel comfortable sharing things about their real lives." Easy, and now, almost impossible not to. But do you feel comfortable?

You shouldn't.

 "While Facebook claims that it retains this information only to improve the effectiveness of its social plugins, profiles like these are a potential goldmine to online advertisers and can be irresistible to law enforcement, not to mention other third parties like insurance companies or divorce attorneys," points out Chris Conley, Technology & Civil Liberties Fellow at the ACLU of Northern California.

Further, "the FTC is empowered to ensure that Facebook complies with the settlement, and Facebook has made a broad promise not to 'misrepresent' its privacy protections in the future," Conley writes. "But it’s not entirely clear whether the FTC would use this authority to challenge new Facebook products or services that aren't dealing with information currently covered by a privacy setting."

Got "nothing to hide?" That argument was never valid. A quick review of the Electronic Frontier Foundation's growing gallery of evidence revealing social media monitoring by various U.S. government agencies makes that clear. Just last year, via the Freedom of Information Act, EFF received "a number of documents from the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI) highlighting the government’s ability to scour not only social networks, but record each and every corner of the Internet."

 If that doesn't bother you even a little bit, given our current environment of "casually pepper-spraying cop," it really should.

But one needn't by cryptic to understand that privacy is tricky. Today’s benefit is so clear (ooh! cool photo) and tomorrow’s consequence so fuzzy (sorry, we can’t hire you). That means, any fair-minded social network would go overboard in protecting people’s privacy just to even the score.

In a world where we’ve forced McDonald’s to put calorie counts next to Big Macs on a menu, why can’t we tell Facebook it has to make people much more aware of the potential consequences of sharing, and build its tools to be privacy-first? Public sharing should be the opt-in. 

As my much smarter colleague Bob Sullivan (of Red Tape Chronicles fame)points out, "Using Facebook can be a lot like those horrible morning-after thoughts you have when you realize you wildly overshared the night before down at the bar. And Facebook is the free shots the bartender gave you."

More on the annoying way we live now:

Helen A.S. Popkin goes blah blah blah about privacy, then asks you to join her on Facebook and/or Twitter ... because that's how she rolls. Oh! Also, Google+.

Discuss this post

This is extremely hard to take seriously. When I first tried to comment here I was prompted with what? I was aked to log in using Facebook. And right here, on this page, there is box that says this comment will be posted on my Facebook "wall" unless I uncheck the box. Give us a break!

  • 3 votes
Reply#1 - Wed Nov 30, 2011 7:34 PM EST

Odd. I clicked to comment and was just asked for my email. Nothing facebook related.

    #1.1 - Thu Dec 1, 2011 10:46 AM EST

    Don't use (or have a page on) Facebook, never post personally identifiable stuff, always use fake names, different IP addresses, and multiple new shill email addresses, and check every privacy level to its most stringent. Use circuitous encrypted software. Become essentially invisible. And still expect to be tracked and your privacy to be invaded.

    Just be the harder target.

    • 1 vote
    #1.2 - Thu Dec 1, 2011 12:57 PM EST

    You can't post anything on Yahoo and USA Today without going through Facebook. Sometimes it won't publish your post, but if you click your one name, it will go to Facebook and expose all your information. I checked all the appropriate boxes in privacy to not do that, but it still does. I'm thinking about using MSN and dropping Facebook. I'm able to post here and I'm not even linked to Facebook.

      #1.3 - Thu Dec 1, 2011 10:33 PM EST
      Reply

      Drink the Koolaid.

        Reply#2 - Wed Nov 30, 2011 7:43 PM EST

        This website, and the privilege of commenting, is linked to Facebook. So, you are enabling the people whom you just criticized. Did you read your own article?

          Reply#3 - Wed Nov 30, 2011 8:21 PM EST

          You're wrong, sorry. I am commenting without logging in to Facebook. Therefore the "privilege of commenting" is not linked to Facebook.

            #3.1 - Thu Dec 1, 2011 10:45 AM EST

            I'm not commenting via Facebook, either. However, there are many, many other websites where you must log in through Facebook, Google, or Twitter (plus a couple others whose names I've forgotten) before you can comment.

              #3.2 - Thu Dec 1, 2011 12:25 PM EST

              That is true. USA Today on Yahoo you must be linked to Facebook.

                #3.3 - Thu Dec 1, 2011 10:36 PM EST
                Reply

                It’s great that Facebook has taken a step towards protecting us on their site, but let’s not forget what’s missing here. Facebook can still track us anywhere else on the internet. What’s going to be done to stop it? More on the tracking side of the story here:

                • 1 vote
                Reply#4 - Wed Nov 30, 2011 8:46 PM EST

                Yes, they can track you....if you log in....with your real account. Either don't stay logged in if you're not using FB or make a puppet account.

                  #4.1 - Thu Dec 1, 2011 10:44 AM EST
                  Reply

                  I think this is an important article. It tells us what we should already know. We (myself included). We do not think of the consequences of what we write as being used to screen a job interview. Or our insurance rates. Most people never see their divorce coming. Why would they think a lawyer would ever use face book against them? Face-book gives you that wonderful feeling of being connected to all the people you miss in your life and the ability to make new (on-line friends and not feel so lonely). We all feel lonely at times. It is also fun. Somethings that are said in fun- sometimes come out a little different in print. Makes me wonder what things I may have typed two or five years ago? Being reminded that we should be more responsible is always like Bla bla bla. I have to say, thank you, for the article. I will try to more careful and considerate with what I type for the world to see. At least until some one makes a funny pun that tickles me so much that I can't resist trying to match it with an equally good pun. Arg! I'm so week. :)

                  • 1 vote
                  Reply#5 - Thu Dec 1, 2011 5:33 AM EST

                  Facebook's privacy and sharing policies and settings are cloaked in obfuscation, and its frightening ability to track, monitor and store its members' information through social network plug-ins is nothing short of insidious. Facebook's gathering up of the world with its friendly, 'social networking' guise goes far beyond the cookies and beacons we've all become familiar with.

                  It won't be long until access to the Internet will not be possible without first logging on through Facebook. I won't drink the Kool-Aid willingly, but I fear I may soon be forced to take it if I want to be able to continue using the Internet.

                    Reply#6 - Thu Dec 1, 2011 8:22 AM EST

                    Actually, there is a bit of privacy control over your name and picture. You can either A) Use fake names and pictures or B) set it so you are only searchable by friends and that you don't have a public listing in search engines. I use the later method. There is no finding me on FB unless we have mutual friends. If we don't, I find you. Not the other way around.

                      Reply#7 - Thu Dec 1, 2011 10:43 AM EST

                      And this, among other reasons, is why I will not social network with any actual personal information. No name, no image, no actual personal information at all. People who know me know what to look for, and people who don't, well, you're going to have to talk to me first.

                      I've had more than a few potential employers tip their hands and outright ask if I have a Facebook page, one who openly admitted looking for one but could not find it.

                      My reply: No, I don't. I don't have time to play with things like that.

                      The one who admitted looking for it was somewhat stunned - how could I, a technology person, not have a Facebook page? And so they asked me, How can you not have one?

                      My reply: No interest. I have a very small circle of friends, and we simply e-mail each other.

                      Privacy starts with you - if you want to be private, don't post it online. Anywhere. Ever. If you do want to post things online, create an online identity.

                      • 1 vote
                      Reply#8 - Thu Dec 1, 2011 10:55 AM EST

                      Lets be honest here. We all know what it is that facebook has done. They take your information, and track you. In fact half the internet does this. MSN is probably doing that right now. So why is it a big deal that a site, where you share information just to use it, is doing the same? Anytime you put your information on the internet you are at risk. You choose to use facebook then you deal with the risks. Its that simple. Facebook is no different than many other sites. Zuckerberg wrote that IM message as a young unprofessional immature college student SEVEN years ago. Before he had a billion dollar company,before he took facebook seriously. I don't know about you, but I've changed a lot in 7 years.I highly doubt that Zuckerberg, who is CEO of a billion dollar company would still be thinking like a 19 year old.

                        Reply#9 - Thu Dec 1, 2011 12:23 PM EST

                        I do not use social networking. How does Facebook keep others from creating fraudulent profiles for persons not using Facebook. A prospective employee could be fired if an employer asks if an employee uses social networking and they deny it. Later the employer finds the fake Facebook profile and fires the employee for lying.

                          Reply#10 - Thu Dec 1, 2011 4:26 PM EST

                          Man I am so glad I dumped facebook. It took me two times but I finally did it after having the second give out of my private info. Social media my butt. Just a big scam.

                          • 2 votes
                          Reply#11 - Thu Dec 1, 2011 6:04 PM EST

                          I know my Facebook page was made completely public a few months back--I don't know for how long. When I figured it out I was horrified. I'm building a google + presence and fazing FB out. The latest changes are awkward and I'm just done.

                            Reply#12 - Thu Dec 1, 2011 11:27 PM EST

                            We have tried and tried to delete all info from Facebook, and it can't be done.

                            One can DEACTIVATE, but can not DELETE any information and get a complete exit from Facebook.

                            THAT should have been incorporated into it when it was launched to make sure that who ever decides that if they want out of Facebook can be OUT COMPLETELY.

                            To us that means that they are violating the privacy rights of all Facebook users.

                            The F.F.C. did not go far enough. It should be as easy as deleting an email and getting rid of spam.

                            All of those who are so worried about their phones tracking them, should be a lot more concerned about Facebook.

                              Reply#13 - Fri Dec 2, 2011 8:51 AM EST

                              Facebook is a potentially interesting concept gone terribly wrong. Executed by slightly post-pubescent minds, it still retains the "f-you" attitude of its progenitors. The rules change practically daily, and your data is no safer than if posted on a sign next to your snail-mailbox.

                              Perhaps originally created to connect with girls, it now is a sick connection for business, advertising, personal data trafficking and profiteering. Zuckerberg is a bit like Pandora, but now knowing what is in the box, he opens it wider.

                              Facebook users are akin to chemical dependants doing what they do because it feels good, not because it is good for them. Zuckerberg has also created for law enforcement and business what is illegal for them to do independently. Nice job, wunderkind!

                              • 1 vote
                              Reply#14 - Fri Dec 2, 2011 10:04 AM EST

                              It is all about stealing your information so Mr Zuckerburg can sell it. That's what Facebook is about, that's why the "real name" policy ... because advertisers will pay more for it that way.

                              If "sharing" is so great, Mr. Zuckerburg, how about releasing all of the corporate documents and memos and internal emails your company has? Why is sharing so great for individuals but unacceptable for corporations? Money, that's why. This society only cares about the profits and rights of corporations. Individuals only have value if a corporation says they do.

                                Reply#15 - Wed Dec 7, 2011 3:19 PM EST

                                This is a very small victory in the war of keeping our data secure online.I would have preffered to see a steap fine applied to Facebook for all of thei lil' "mishaps" on privacy!

                                Facebook settles with the FTC

                                  Reply#16 - Thu Dec 8, 2011 2:37 PM EST

                                  This film is set to release next year and is based on exactly these data collecting issues.

                                  It was just posted a few days ago and seems to be very interesting... and creepy...

                                  Search: "(AmI) Live" on Facebook

                                    Reply#17 - Fri Dec 9, 2011 11:38 PM EST
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