Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily Social Media & Marketing Daily Video Daily Raw Blog
Daily Feed> Email
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Health Marketing:Sports MarketingTools: CRM Marketing:Travel
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Aug 29-Sep 1 Social Media Insider Summit (Tahoe) Sep 27 OMMA Awards (NYC) Sep 27-28 OMMA Global (NYC) Sep 28 Online All Stars (NYC) Sep 29 Future of Media (NYC) Oct 5-6 CHANGE Digital Transformation Summit (Boston) Oct 27 Appy Awards (LA) Oct 27 OMMA Mobile (LA) Nov 1 OMMA Performance (NYC) Nov 2 OMMA AdNets (NYC) Dec 5-8 Email Insider Summit (Utah) Dec 8-11 Search Insider Summit (Utah) Dec 14 Creative Media Awards (NYC)
Recently Concluded Events
Aug 25 Mobile Insider Summit (Tahoe) Jul 22 OMMA Metrics (SF) Jul 21 OMMA Behavioral (SF) Jul 19 OMMA AdNets (LA) Jun 17 OMMA Social (NYC) Jun 16 OMMA Publish (NYC) Jun 15 OMMA JUNE (NYC) Jun 15 OMMA Video May 13 Digital Out-of-Home Forum (NYC) May 13 Digital Out-of-Home Awards (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Awards 2010 Appy Awards 2010 Creative Media Awards
2010 Digital Out-of-Home Awards 2010 MEDIA Agency of the Year 2009 2010 OMMA Agency of the Year 2009 2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Facebook: Privacy Suit Fails To Specify Injuries
by Wendy Davis, Monday, July 19, 2010, 7:45 PM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Privacy, Facebook

MOST READ

Facebook's privacy revisions angered many users, some of whom were upset enough to sue the social networking site earlier this year. But whether their lawsuit goes anywhere in court remains to be seen.

The main hurdle that plaintiffs in privacy lawsuits encounter centers on the difficulty of proving damages. Simply revealing information about another isn't seen as causing injury -- at least not the kind of injury that courts compensate people for.

Facebook now is arguing that a potential class-action lawsuit against it for having changed its privacy settings should be dismissed precisely because the members who are suing haven't alleged any tangible injuries. "Plaintiffs fail to make a single factual allegation that specifies what information, exactly, Facebook has allegedly improperly disclosed or that Facebook publicly disclosed information that any Plaintiff intended to remain private," Facebook argues in papers filed last week in federal district court in San Jose, Calif. "Instead, the complaint relies exclusively on vague, generalized allegations that say nothing specific about the named plaintiffs or how they have been harmed by Facebook."

Even though the lawsuit alleges that Facebook exposed members to the risk of identity theft, Facebook counters that people can't sue for such speculative potential injuries.

Facebook sparked a round of complaints last December by changing some of its default settings to "share-everything." In April the company made another set of changes, including launching the controversial "instant personalization" program, which shares users' names and other data with Yelp, Pandora and Microsoft Docs. Users can opt out, but if they don't do so their information is shared by default.

Facebook revised some of its privacy controls recently, but not all of them. For instance, instant personalization is still an opt-out program.

Even if a court decides that Facebook's policies are problematic, the company could well end up winning on the ground that it didn't cause members to lose money or suffer any other economic injury. But even if that happens, Facebook is likely to still face pressure from lawmakers and advocates -- not to mention the Federal Trade Commission.

Besides, even if Facebook members can't successfully sue for privacy violations, they can do something potentially more powerful: They can stop visiting the service. Facebook reportedly is ready to announce that it now has 500 million members. But if those members don't repeatedly return to the site, their value to Facebook is limited. And with new social networking options in the works, Facebook could decide it's in the company's interest to rethink its approach to privacy.

8 people recommend this article. 

Leave a Comment

You must be signed in to comment. Sign In



ARCHIVES

Recent Daily Online Examiner Articles
FCC Seeks Comment On Google-Verizon Neutrality Plan   
The Federal Communications Commission is taking the Google-Verizon neutrality proposal seriously enough to solicit comments on...
Report: Arkansas Democrat-Gazette Owner Taps Righthaven For Copyright Enforcement   
WEHCO Media, which owns 15 newspapers including the Arkansas Democrat-Gazette and Chattanooga Times Free Press, reportedly...
FTC Closes LimeWire Privacy Probe Without Taking Action   
In February, the Federal Trade Commission warned a host of businesses, local governments and schools that...
FTC Settles With Company Allegedly Posting Bogus Reviews   
The Federal Trade Commission said this week that it had settled charges with marketing company Reverb...
EFF: We'll Help Defendants In Righthaven Copyright Suits   
The digital rights group Electronic Frontier Foundation said this week that it's seeking to help bloggers...
As Cord-Cutters Increase, Web Access Could Become Pricier   
For the first time ever, cord-cutters outnumbered new subscribers to paid television in the second quarter...
Fake-Profile Bill Could Squelch Parodists   
In what appears to be an effort to tackle online harassment, the California legislature has passed...
Has Facebook Checked In With Another Privacy Flub?   
Facebook's launch of location-based services, Places, has set off a new round of criticisms that the...
Teacher Schooled In Facebook Privacy Policy   
Facebook's share-everything-with-everyone default settings appear to have blindsided ex-teacher June Talvitie-Siple, who lost her job after...
FCC: Major Lag Between Actual And Advertised U.S. Broadband Speeds   
Internet service providers advertised broadband connections at an average download speed of 7 Mbps last year,...
>> Daily Online Examiner Archives 
ABOUT MEDIAPOST • CONTACT EDITORIAL • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2010 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com