Users file privacy lawsuit against Facebook

A group of Facebook users filed a civil lawsuit Monday that alleges the social-networking site is violating California consumer privacy laws.

The lawsuit, which was filed in California's Orange County Superior Court on behalf of five users, seeks a jury trial, as well as damages and attorneys' fees. The five plaintiffs are described as two children younger than 13, a user of the original Facebook, a professional photographer, and an actress and model.

The 40-page complaint accuses the Palo Alto, Calif.-based company of violating California privacy and online privacy laws by disseminating private information to third parties for commercial purposes.

"Plaintiffs and the general public desire and expect a level of privacy, which Facebook has failed to satisfy under its current policies, procedures, practices, and technology," the complaint states.

A Facebook spokesman declined to comment on the specifics of the lawsuit other than to say, "We see no merit to this suit and we plan to fight it."

The plaintiffs' attorney did not immediately respond to a request for comment.

Facebook is no stranger to privacy controversy. In July, an investigation by Canada's privacy commissioner suggested Facebook is unconcerned with members' privacy and called on it to do more. Commissioner Jennifer Stoddart expressed concern that while it's easy for members to deactivate their accounts, it's less clear on how to actually delete them. Facebook could therefore retain member data from deactivated accounts for an indefinite period of time in violation of Canadian privacy law.

The social network went through a user backlash over the introduction of its News Feed in 2006, and a bigger one over the controversial Beacon advertising program. More recently, a revision to Facebook's terms of use prompted consumer advocacy blog The Consumerist to highlight language that it said meant that Facebook claimed ownership of user profile data and photos.

[Orion Blastar]

Facebook earns money via adds and apps that have adds in them. A lot of Facebook apps make money by selling personal information taken from Facebook. For every quiz a user signs up for, is another company getting access to their personal information. By clicking the "Allow" button, the user is giving Facebook and that company that designed the app, access to private information.<br /><br />I'd like to see the people who lost their jobs by using Facebook and their boss saw their Facebook profile and fired them for it, file suit against Facebook by making their profiles public by default so everyone can see it. Profiles should be private by default and locked down, unless toggled to public access.

[SwissJay]

You hit the nail on the head!! People are way to easy on all these insignificant "apps" and don't think twice before they click that "Allow" button!

[ferricoxide]

Given that you can set default privacy levels such that only friends can see your profile and/or posts, there's not really a way for your boss to be able to see what you post. Lesson here is: use the privacy filters and choose who's on your friends list carefully (i.e., a real friend wouldn't try to burn you by sharing your posts with your boss).

[knowles2]

Most cases the people who been fired by there boss have either let rival work colleague become a friend or they accept there boss as a friend and then forget that they added him as a friend then moaned about them or there job. <br /><br />Facebook just like Microsoft cannot not cure stupidity.

[krosafcheg]

Imagine the FBI/CIA/NSA got ahold (if not already) ALL the connections everyone has. Intelligence goldmine. So if you're *just* worried about Facebook, you should consider who else has your info!

[ferricoxide]

You've never looked at Facebooks board members or major investors? Pretty much count that several agencies have backdoors into the system.

[Mr.Whippy]

The average person can get peoples contacts, forget about the CIA, FBI, Mossad, Interpol, The Yard, ASIO etc, etc... 99.9% of people who are private on Facebook still have the 'view friends' link clearly visible next to their name and photo. In web 2 world it's not who you know but who they know that counts.

[Degulio]

This is the reason that Facebook is going down. Too many complaints about privacy and ads have happened over the last few months, even years. I have slowly been transitioning to the new network knoyce.com. It has everything Facebook and Myspace have. I suggest other people do the same.

[knowles2]

An what if knoyce doing differently and how much does it cost because I am presuming it not advertisment money paying the server bill. <br />And if they do not have advertising or charging you then how are they paying there server bills, they could be living on start up money but then that start up money wot last for long. <br /><br />An anyone advertising on social network are going to want a detail breakdown of there audience. Which means sharing background information on them.

[Rappeller]

"The five plaintiffs are described as two children younger than 13, a user of the original Facebook, a professional photographer, and an actress and model." Having just set my son up on Facebook I know their terms of use say you have to be over 13. Also you would think an actress, a model. and a professional photographer would want to have more exposure. Lastly how about some personal responsibility, no one is making them use Facebook it is a personal choice. If you don't like it don't use it, you aren't paying for it, the advertisers are so yes you can expect them to get some info.

[pentest]

If it is in fact violating law, your argument is moot.

[alstatr]

Do people realize that you don't need a facebook profile? If you are concerned with the privacy issues don't be on facebook and quit your whinning. Facebook is a commercial enterprise and they give away their product for free. I understand that my profile info, videos and photos can be used commercially but I like using facebook and it is a great way for my wife and I to share photos of our daughter with family and friends. For my wife and I the benefits out weigh the negatives.

[pentest]

If your bank violates a law and you lose money because of it, it is OK because you chose to be a customer?

[alstatr]

No it is not ok. Facebook is not a bank.

[knowles2]

Bank account is a nessecity in a modern world. <br />Facebook is not. <br />Banks deal with something tangible <br />Facebook is not<br />Banks could cost you thousands/million/billions without you knowing about it<br />Facebook cannot cost you in anyway shape or form. Most banks will refund fraud.

[pentest]

No it is not a bank, but if it is violating the law, there are no excuses for it.

[pentest]

"Bank account is a nessecity in a modern world.<br />Facebook is not.<br />Banks deal with something tangible<br />Facebook is not<br />Banks could cost you thousands/million/billions without you knowing about it<br />Facebook cannot cost you in anyway shape or form. Most banks will refund fraud."<br /><br /><br />So that makes it OK to violate laws?<br /><br />You guys are amazing and not in a good way.<br /><br />Yes, Facebook can cost you plenty. Its API is a backdoor to identity theft.

[tundraboy]

Anyone who delves even a little into Facebook's history will come away with the conclusion that this is a company that has no ethical rudder. Even the inception of Facebook itself is clouded by suspect ethics. Then there's the unending stumbles over their customers' privacy.<br /><br />I do not trust this company. I do not trust its CEO. That's why I do not Facebook even though all my friends and relatives do.<br /><br />There is a demand out there for a social networking site that will guard your privacy like a junkyard dog. I don't know if that is at all possible for such a site but anyone who figures this out will be unimaginably wealthy.

[ferricoxide]

The vast majority of people really don't care about privacy. This is especially true of the current crop of under-30s (a demographic that has no concept of "TMI").

[DigitalFrog]

My question is: Why do the facebook apps need access to your profile at all? Most of the ones I've seen do not use any data directly from the profile, so why do they ask for it unless it is a way of lulling facebook users into giving up personal data without realizing it.

[viper396]

Please, if you're worried about privacy then you shouldn't be posting all your information on social and public websites like Facebook , or Myspace or even Twitter. Alot of the resposibility for maintaining privacy, or lack thereof, does fall upon the individual themselves.

[Michichael]

I'm sorry, but with an app named "FACE BOOK" is anyone actually stupid enough to think their info is private? Just wondering. If it's a way of identifying your place on the internet, guess what - It's public domain. You're not private unless you toggle it to be.

[aastinko]

LOL, isnt it funny how there is never a shortage of bottom feeding, blood sucking attorneys around to jump on the nearest gravy train!<br /><br />RT<br />[CNET editor's note: Prohibited self-promotion deleted.]

[Harrison912]

I use FaceBook mainly to socially market my safety and security web site so I'm always intereseted in what's going on there. Thanks, Steven, for this report.

[eeee]

WOW MOST OF THESE COMMENTS SEEM TO BE WRITTEN BY 11 YEAR OLDS WITH SPELLING ERRORS AND USE OF WRONG WORDS ("THERE" AND "THEIR" ARE 2 TOTALLY DIFFERENT MEANINGS) <br /> <br />I THINK USE OF THESE STUPID SITES SUCH AS FACEBOOK AND MYSPACE AND OTHERS ARE TURNING PEOPLE INTO IDIOTS