the Law, the Universe, and Everything 

Search

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

lr_jkr9_12_08supremecourt.jpg

ad-logo5.jpg

Our Podcast

Subscribe to Law Talk

Law-Rev-Forum-2.jpg

law-rev-contents2.jpg

Law-Prof-Blog-Census.jpg

Categories

Accounting
Administrative Announcements
Administrative Law
Admiralty
Advertising
Agricultural Law
Anonymity
Antitrust
Architecture
Articles and Books
Bankruptcy
Behavioral Law and Economics
Bioethics
Blogging
Book Reviews
Capital Punishment
Civil Procedure
Civil Rights
Conferences
Constitutional Law
Consumer Protection Law
Contract Law & Beyond
Corporate Finance
Corporate Law
Criminal Law
Criminal Procedure
Culture
Current Events
Cyberlaw
DRM
Economic Analysis of Law
Education
Empirical Analysis of Law
Employment Law
Environmental Law
Estates and Trusts
Evidence Law
Family Law
Feminism and Gender
First Amendment
Food
Google & Search Engines
Health Law
History of Law
Humor
Immigration
Insurance Law
Intellectual Property
International & Comparative Law
Interviews
Jurisprudence
Law and Humanities
Law and Inequality
Law and Psychology
Law Practice
Law Professor Blogger Census
Law Rev (Boston College)
Law Rev (Boston University)
Law Rev (California)
Law Rev (Chicago)
Law Rev (Columbia)
Law Rev (Cornell)
Law Rev (Duke)
Law Rev (Emory)
Law Rev (Fordham)
Law Rev (Georgetown)
Law Rev (GW)
Law Rev (Harvard)
Law Rev (Illinois)
Law Rev (Indiana)
Law Rev (Iowa)
Law Rev (Michigan)
Law Rev (Minnesota)
Law Rev (Northwestern)
Law Rev (Notre Dame)
Law Rev (NYU)
Law Rev (Penn)
Law Rev (S Cal)
Law Rev (Stanford)
Law Rev (Texas)
Law Rev (UCLA)
Law Rev (Vanderbilt)
Law Rev (Virginia)
Law Rev (Wash U)
Law Rev (Wm & Mary)
Law Rev (Yale)
Law Rev Contents
Law Rev Forum
Law School
Law School (Hiring & Laterals)
Law School (Law Reviews)
Law School (Rankings)
Law School (Scholarship)
Law School (Teaching)
Law Student Discussions
Law Talk
Legal Ethics
Legal Theory
Media Law
Movies & Television
Philosophy of Social Science
Politics
Privacy
Privacy (Consumer Privacy)
Privacy (Electronic Surveillance)
Privacy (Gossip & Shaming)
Privacy (ID Theft)
Privacy (Law Enforcement)
Privacy (Medical)
Privacy (National Security)
Property Law
Race
Religion
Reparations
Science Fiction
Second Amendment
Securities
Social Network Websites
Sociology of Law
Supreme Court
Tax
Teaching
Technology
Tort Law
Web 2.0
Weird
Wiki
Wills, Trusts, and Estates

Archives

October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
August 2005
July 2005
June 2005
May 2005

 

« A Nod to Angie's List as an Alternative to Contract Law | Main | Columbia Law Review, Volume 107 Issue 6 (October 2007) »

December 04, 2007

Facebook -- the New DoubleClick?

posted by Daniel J. Solove

facebook3.jpgI previously complained about Facebook's Beacon and Social Ads, and last week Facebook appeared to back down (at least from Beacon) by changing its policy and having users opt-in before their activities on other websites is broadcast on their profiles. I applauded Facebook's change of heart.

But there are more disturbing aspects of Beacon that have not been changed. According to Macworld:

If you think that just because you have never signed up for Facebook you’re immune to the tracking and collecting of user activities outside of this popular social networking site, think again.

Facebook’s controversial Beacon ad system tracks activities from all users in its third-party partner sites, including from people who have never signed up with Facebook or who have deactivated their accounts, CA has found.

Beacon captures detailed data on what users do on these external partner sites and sends it back to Facebook along with users’ IP addresses, Stefan Berteau, senior research engineer at CA’s Threat Research Group, said Monday in an interview.

This happens even if users delete the Facebook cookie. “The Facebook Javascript [code] is still called by the affiliate site and the information is passed in,” he said. In the case of users without accounts or with deactivated accounts, the data isn’t tied to a Facebook ID, he said.

However, it is well-known that IP addresses provide a variety of information about users, and have in some cases been used to identify individuals.

The information captured by Beacon in these cases includes the addresses of Web pages visited by the user and a string with the action taken in the partner site, Berteau said. . . .

Over the weekend, Facebook confirmed that Berteau’s report on Friday was accurate, but said that it deletes the data it gets under these circumstances.

Still, Friday’s findings deepened the privacy concerns surrounding Beacon since its introduction several weeks ago. And the admission Monday added to the concerns, since it contradicted what had, until then, been the official company line about this issue.

For more, see Michael Zimmer's post.

A while back, DoubleClick generated many privacy complaints. DoubleClick used information about people's websurfing habits to target ads on various websites. Facebook's Beacon appears to be a related incarnation of the DoubleClick advertising model.

Facebook is not the only one to blame with Beacon. About 40 websites participate in the Beacon program, including:

* Blockbuster
* CBS Interactive (CBSSports.com & Dotspotter)
* Citysearch
* Fandango
* LiveJournal
* Mercantila
* National Basketball Association
* NYTimes.com
* Overstock.com
* Sony Online Entertainment LLC
* Sony Pictures
* TripAdvisor
* Travelocity
* TypePad
* WeddingChannel.com

For a more complete list of these companies, see this post on the Consumerist blog.

These companies are disclosing their customer data with Facebook -- often without their users' knowledge or consent. This is possible because there is scant regulation on what most companies can do with your personal data. The law basically allows them to do whatever they want with it. Most companies have privacy policies, which tell you how they use the information. If a company violates its privacy policy, then the FTC can bring an action, but privacy policies are written in vague terms that often allow for a lot of information sharing. The current system of protecting privacy of personal information is referred to by industry as "notice and choice." But the notice is often buried in lengthy and verbose privacy policies that most consumers don't read; and there is often little choice consumers have other than to take it or leave it. In other words, there's not much notice and not much choice.

Hat tip: Pogo Was Right

Posted by Daniel J. Solove at December 4, 2007 12:22 PM

Trackback Pings

TrackBack URL for this entry:
http://www.concurringopinions.com/movabletype/mt-tb.cgi/2852.

Comments

Posted by: anonymous coward at December 5, 2007 01:02 PM


Post a comment




Remember Me?

(you may use HTML tags for style)

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Michael O'Shea

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page


Guests

Robert Ahdieh
Neil H. Buchanan
Miriam Cherry
Susan Kuo
Jonathan Lipson
Paul Ohm
Geoffrey Rapp
Susan Scafidi
Howard Wasserman
Timothy Zick






ad-logo3.jpg

blawg100_winner2.jpg

Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Francesca Bignami
Jeremy Blumenthal
Bruce Boyden
Donald Braman
Al Brophy
Bill Burke-White
Scott Burris
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Christine Haight Farley
Kim Ferzan
Dan Filler
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
Craig Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Christine Hurt
Darian Ibrahim
Dan Kahan
Sam Kamin
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Joseph Liu
Solangel Maldonado
Jason Mazzone
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Neil RIchards
Lori Ringhand
Alice Ristroph
Paul Secunda
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Robert Tsai
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
Beltway Blogroll
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
Convictions
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
JD2B.com
Juris Novus
Jurisdynamics
Law and Letters
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian
Mirror of Justice
National Security Advisors
Opinio Juris
Point of Law
Political Theory Daily Review
PrawfsBlawg
ProfessorBainbridge.com
Property Prof
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog

Pajamas Media BlogRoll Member