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Tuesday, November 29, 2011
Facebook Settles FTC Charges

Facebook has agreed to settle Federal Trade Commission charges that it deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public.

FTC said that the proposed settlement requires Facebook to take several steps to make sure it lives up to its promises in the future, including giving consumers clear and prominent notice and obtaining consumers' express consent before their information is shared beyond the privacy settings they have established.

The FTC's eight-count complaint against Facebook claims that Facebook made were unfair and deceptive, and violated federal law.

"Facebook is obligated to keep the promises about privacy that it makes to its hundreds of millions of users," said Jon Leibowitz, Chairman of the FTC. "Facebook's innovation does not have to come at the expense of consumer privacy. The FTC action will ensure it will not."

The FTC complaint lists a number of instances in which Facebook allegedly made promises that it did not keep:

For example, in December 2009, Facebook changed its website so certain information that users may have designated as private - such as their Friends List - was made public. They didn't warn users that this change was coming, or get their approval in advance.

Facebook also represented that third-party apps that users' installed would have access only to user information that they needed to operate. In fact, the apps could access nearly all of users' personal data ? data the apps didn't need.

Facebook also told users they could restrict sharing of data to limited audiences ? for example with "Friends Only." In fact, selecting "Friends Only" did not prevent their information from being shared with third-party applications their friends used.

Last but not least, Facebook claimed that when users deactivated or deleted their accounts, their photos and videos would be inaccessible. But Facebook allowed access to the content, even after users had deactivated or deleted their accounts.

The proposed settlement bars Facebook from making any further deceptive privacy claims, requires that the company get consumers' 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.

Specifically, under the proposed settlement, Facebook is barred from making misrepresentations about the privacy or security of consumers' personal information; required to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences; required to prevent anyone from accessing a user's material more than 30 days after the user has deleted his or her account; required to establish and maintain a comprehensive privacy program designed to address privacy risks associated with the development and management of new and existing products and services, and to protect the privacy and confidentiality of consumers' information; andrequired, within 180 days, and every two years after that for the next 20 years, to obtain independent, third-party audits certifying that it has a privacy program in place that meets or exceeds the requirements of the FTC order, and to ensure that the privacy of consumers' information is protected.

The proposed order also contains standard record-keeping provisions to allow the FTC to monitor compliance with its order.

Mark Zuckerberg, Facebook's founder and chief executive, said in a blog entry on Tuesday that he is "committed to making Facebook the leader in transparency and control around privacy."

He said the company is creating two new corporate privacy officers.

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