Facebook recently rolled out a new advertising program called Social Ads, where Facebook users’ images, names, and words are used to help advertise products and services. I blogged about Facebook’s Social Ads here and here, contending that they are likely a violation of the tort of appropriation of name or likeness as well as the right to publicity tort.
Peter Lattman at the WSJ Blog has a great new post about Facebook that throws in another even more troubling wrinkle:
Last Sunday the Law Blog purchased three tickets to “Bee Movie” on Fandango, the movie site. After we did this, Facebook automatically updated our profile to say, “Peter bought ‘Bee Movie’ on Fandango.”
Then we checked out our privacy settings on Facebook. Under “Privacy Settings for External Websites,” there’s a Fandango icon, indicating that we’ve agreed to have our actions on Fandango sent to our Facebook profile. We changed our profile, mandating that they never — never! — do this again.
This case illustrates why the current legal regime regulating personal information at most websites is so deeply flawed. The default settings are set to allow information sharing and disclosure, with users often completely unaware of how their information is going to be used. Businesses frequently tout how they are protecting privacy by providing users with “notice and choice” about how their information will be collected, used, and disseminated. Yet the system rarely results in informed consumers or meaningful choices.
So imagine: You go to Fandango and buy tickets to see a movie — and then all of a sudden your purchase is being revealed publicly to everybody you know on Facebook. You probably didn’t even know that Facebook had this deal with Fandango. What if more websites like Fandango start to collude with Facebook? Does this mean that every time we visit a website, every time we make a purchase, the information starts showing up in our Facebook profiles and on our friends’ Facebook profiles?
At least Social Ads, as I understood it, involved people publicly stating they liked or used a product. This is still problematic, for the reasons I discussed in my posts — being used in an ad unwittingly is a harm even if one has publicly praised the things being advertised in the past. But now Facebook is taking things one step beyond by exposing people’s personal information to the public. Perhaps Peter Lattman doesn’t want the world to know that he saw Bee Movie. Perhaps he does. But this is something he should decide, not the corporate officials at Facebook or Fandango.