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A brief history of Facebook’s privacy hostility ahead of Zuckerberg’s testimony

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The Facebook founder will be questioned by the Senate Judiciary and Senate Commerce Committees later today — in a session entitled “Facebook, Social Media Privacy, and the Use and Abuse of Data.” Mark Zuckerberg is also due to testify before Congress on Wednesday — to be asked about the…
The Facebook founder will be questioned by the Senate Judiciary and Senate Commerce Committees later today — in a session entitled “Facebook, Social Media Privacy, and the Use and Abuse of Data.”
Mark Zuckerberg is also due to testify before Congress on Wednesday — to be asked about the company’s use and protection of user data.
As we’ve pointed out already, his written testimony is pretty selective and self-serving in terms of what he does and doesn’t include in his version of events.
Indeed, in the face of the snowballing Cambridge Analytica data misuse scandal, the company’s leadership (see also: Sheryl Sandberg) has been quick to try to spin an idea that it was simply too “idealistic and optimistic” — and that ‘bad actors’ exploited its surfeit of goodwill.
This of course is pure fiction.
Facebook’s long history of privacy hostility should make that plain to any thinking person. As former FTC director David Vladeck wrote earlier this month: “Facebook can’t claim to be clueless about how this happened. The FTC consent decree put Facebook on notice.”
To be clear, that’s the 2011 FTC consent decree — ergo, a major regulatory privacy sanction that Facebook incurred well over six years ago.
Every Facebook privacy screw up since is either carelessness or intention.
Vladeck’s view is that Facebook’s actions were indeed calculated. “All of Facebook’s actions were calculated and deliberate, integral to the company’s business model, and at odds with the company’s claims about privacy and its corporate values,” he argues.
So we thought it would be helpful to compile an alternative timeline ahead of Zuckerberg’s verbal testimony, highlighting some curious details related to the Cambridge Analytica data misuse scandal — such as why Facebook hired (and apparently still employs) the co-director of the company that built the personality quiz app that “improperly shared” so much Facebook data with the controversial company — as well as detailing some of its other major privacy missteps over the years.
There are A LOT of these so forgive us if we’ve missed anything — and feel free to put any additions in the comments.
February 2004 — Facebook is launched by Harvard College student Mark Zuckerberg
September 2006 — Facebook launches News Feed, broadcasting the personal details of Facebook users — including relationship changes — without their knowledge or consent. Scores of users protest at the sudden privacy intrusion. Facebook goes on to concede: “We really messed this one up… we did a bad job of explaining what the new features were and an even worse job of giving you control of them.”
November 2007 — Facebook launches a program called Beacon, injecting personal information such as users’ online purchases and video rentals on third party sites into the News Feed without their knowledge or consent. There’s another massive outcry — and a class action lawsuit is filed. Facebook eventually pays $9.5M to settle the lawsuit. It finally shutters the controversial program in 2009
May 2008 — a complaint is filed with the Privacy Commissioner of Canada concerning the “unnecessary and non-consensual collection and use of personal information by Facebook”. The following year the company is found to be “in contravention” of the country’s Personal Information Protection and Electronic Documents Act. Facebook is told to make changes to its privacy policy and tools — but the Commissioner is still expressing concerns at the end of 2009
February 2009 — Facebook revises its terms of service to state that users can’t delete their data when they leave the service and there’s another outcry. Backpeddling furiously in a subsequent conference call, Zuckerberg says: “We do not own user data, they own their data. We never intended to give that impression and we feel bad that we did”
November & December 2009 — Facebook again revises its privacy policy and the privacy settings for users and now, in a fell swoop, it makes a range of personal information public by default — available for indexing on the public web. We describe this as a privacy fiasco. Blogging critically about the company’s actions, the EFF also warns: “Major privacy settings are now set to share with everyone by default, in some cases without any user choice”
December 2009 — a complaint (and supplementary complaint) is filed by EPIC with the FTC about Facebook’s privacy settings and privacy policy, with the coalition of privacy groups asserting these are inconsistent with the site’s information sharing practices, and that Facebook is misleading users into believing they can still maintain control over their personal information. The FTC later writes a letter saying the complaint “raises issues of particular interest for us at this time”
April 2010 — four senators call on Facebook to change its policies after it announces a product called Instant Personalization — which automatically hands over some user data to certain third-party sites as soon as a person visits them. The feature has an opt-out but Facebook users are default opted in. “[T]his class of information now includes significant and personal data points that should be kept private unless the user chooses to share them,” the senators warn
May 2010 — following another user backlash against settings changes Facebook makes changes to its privacy controls yet again . “We’re really going to try not to have another backlash,” says Facebook’s VP of product Chris Cox. “If people say they want their stuff to be visible to friends only, it will apply to that stuff going forward”
May 2010 — EPIC complains again to the FTC, requesting an investigation. The watchdog quietly begins an investigation the following year
May 2010 — Facebook along with games developer Zynga is reported to the Norwegian data protection agency. The complaint focuses on app permissions, with the Consumer Council warning about “unreasonable and unbalanced terms and conditions”, and how Facebook users are unwittingly granting permission for personal data and content to be sold on
June 2011 — EPIC files another complaint to the FTC, focused on Facebook’s use of facial recognition technology to automatically tag users in photos uploaded to its platform
August 2011 — lawyer and privacy campaigner Max Schrems files a complaint against Facebook Ireland flagging its app permissions data sinkhole. “Facebook Ireland could not answer me which applications have accessed my personal data and which of my friends have allowed them to do so,” he writes. “Therefore there is practically no way how I could ever find out if a developer of an application has misused data it got from Facebook Ireland in some way”
November 2011 — Facebook settles an eight-count FTC complaint over deceptive privacy practices, agreeing to make changes opt-in going forward and to gain express consent from users to any future changes. It must also submit to privacy audits every two years for the next 20 years; bar access to content on deactivated accounts; and avoid misrepresenting the privacy or security of user data. The settlement with the FTC is finalized the following year. Facebook is not fined
December 2011 — Facebook agrees to make some changes to how it operates internationally following Schrems’ complaint leading to an audit of its operations by the Irish Data Protection Commission
September 2012 — Facebook turns off an automatic facial recognition feature in Europe following another audit by Ireland’s Data Protection Commission. The privacy watchdog also recommends Facebook tightens app permissions on its platform, including to close down developers’ access to friends data
May 2014 — Facebook finally announces at its developer conference that it will be shutting down an API that let developers harvest users’ friends data without their knowledge or consent, initially for new developer users — giving existing developers a year-long window to continue sucking this data
May 2014 — Facebook only now switches off the public default for users’ photos and status updates, setting default visibility to ‘friends’
May 2014 — Cambridge University professor Aleksandr Kogan runs a pilot of a personality test app (called thisisyourdigitallife) on Facebook’s platform with around 10,000 users. His company, GSR, then signs a data-licensing contract with political consultancy Cambridge Analytica, in June 2014, to supply it with psychological profiles linked to US voters. Over the summer of 2014 the app is downloaded by around 270,000 Facebook users and ends up harvesting personal information on as many as 87 million people — the vast majority of whom would have not known or consented to data being passed
February 2015 — a highly critical report by Belgium’s data watchdog examining another updated Facebook privacy policy asserts the company is breaching EU privacy law including by failing to obtain valid consent from users for processing their data
May 2015 — Facebook finally shutters its friends API for existing developers such as Kogan — but he has already been able to use this to suck out and pass on a massive cache of Facebook data to Cambridge Analytica
June 2015 — the Belgian privacy watchdog files a lawsuit against Facebook over the tracking of non-users via social plugins.

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