More Facebook Privacy Changes Announced

Responding to pressure from Facebook users, privacy advocates and government representatives worldwide (including a report from Canada's Office of the Privacy Commissioner), as well as a growing campaign culminating in today's "Quit Facebook Day" campaign, (started by Canadians Joseph Dee and Matthew Milan), Facebook Inc. has announced changes to allow for simplified  privacy controls by its users. 

There are three central aspects to the new privacy changes (see Facebook explanation here):

(1) users can now control their privacy with just one setting thereby allowing users to quickly and simply control who can access their shared information;

(2) Facebook reduced the amount of information that a user must share in order to have an account. Now only your name, profile picture, gender, and networks must be public.

(3) users now have the ability to control which third party applications can access their personal information.

While most commentators suggest this is certainly a step in the right direction, further changes are probably required.  One potential problem is that users cannot prevent others from tagging them in photos. These changes do not address Facebook’s collection and use of user’s personal information for behavioural advertising purposes. Activists still argue for increased regulatory oversight to protect user’s private information on social networking platforms. Facebook appears to be a litmus test for how privacy will be regulated in the future, so other industry players are certainly watching closely. 

For further discussion on the privacy issues as they relate to privacy and Facebook, see:  The Globe & Mail and the recent opinion piece and excellent summary on this issue by Ian Kerr in the Ottawa Citizen appropriately entitled "The Devil is in the Defaults".  For additional information regarding Facebook Inc. CEO Mark Zuckerberg's own opinion piece in The Washington Post entitled "From Facebook, answering privacy concerns with new settings".  CBC radio host Nora Young discussed these developments with Debbie Frost, Facebook's Director of International Communications and Public Policy on her program Spark which has a podcast from the May 28, 2010 episode.

Many thanks to the contributions of Scott Masson, student-at-law, MacPherson Leslie & Tyerman LLP

Responding to pressure from Facebook users, privacy advocates and government representatives worldwide (including a report from Canada's Office of the Privacy Commissioner), as well as a growing campaign culminating in today's "Quit Facebook Day" campaign, (started by Canadians Joseph Dee and Matthew Milan), Facebook Inc. has announced changes to allow for simplified  privacy controls by its users. 

The underlying policy of Facebook Inc. with respect to privacy remains:  when users choose to sign up for Facebook, they are specifically choosing to share their personal information and photographs publicly whether to friends, family members or third party advertisers.  Therefore default settings will allow user content to be publicly searcheable and viewable.  This policy is in stark contrast to the more common approach to the protection of privacy which defaults to an "opt in" approach in which users offer informed consent to the public sharing of personal information, photos, preferences, etc. 

Turning to the announcement, there are three central aspects to the new privacy changes (see Facebook explanation here):

(1) users can now control their privacy with just one setting thereby allowing users to quickly and simply control who can access their shared information;

(2) Facebook reduced the amount of information that a user must share in order to have an account. Now only your name, profile picture, gender, and networks must be public.

(3) users now have the ability to control which third party applications can access their personal information.

While most commentators suggest this is certainly a step in the right direction, further changes are probably required.  One potential problem is that users cannot prevent others from tagging them in photos. These changes do not address Facebook’s collection and use of user’s personal information for behavioural advertising purposes. Activists still argue for increased regulatory oversight to protect user’s private information on social networking platforms. Facebook appears to be a litmus test for how privacy will be regulated in the future, so other industry players are certainly watching closely. 

For further discussion on the privacy issues as they relate to privacy and Facebook, see:  The Globe & Mail and the recent opinion piece and excellent summary on this issue by Ian Kerr in the Ottawa Citizen appropriately entitled "The Devil is in the Defaults".  For additional information regarding Facebook Inc. CEO Mark Zuckerberg's own opinion piece in The Washington Post entitled "From Facebook, answering privacy concerns with new settings".  CBC radio host Nora Young discussed these developments with Debbie Frost, Facebook's Director of International Communications and Public Policy on her program Spark which has a podcast from the May 28, 2010 episode.

Many thanks to the contributions of Scott Masson, student-at-law, MacPherson Leslie & Tyerman LLP

Protect Your Identity on Facebook

On June 9, 2009 the well-known social networking site Facebook announced the introduction of a new policy to enable users to register personalized usernames as personal URLS in the form:  www.facebook.com/yourname, which will then link to the user's Facebook profile.  Additionally, those administering groups or other Facebook pages may similarly select their own URL for that page.  The initiative starts at 12:01 EDT on Saturday, June 13, 2009 for those whom have signed up with Facebook prior to May 31, 2009 or which have used a particular user profile prior to June 9, 2009.

Additionally, however, the introduction of this policy raises the potential for the adoption of personal URLs which may be confusingly similar or identical to trademarks and brand names thereby resulting in "Facebook squatting".  Anticipating this possibility and, in advance of the Saturday launch, Facebook Inc. has enabled trademark owners to use an on line form to register their trademarks with Facebook in order to prevent third parties from utilize a trademark as part of a URL. 

In order to mitigate against negative repercussions it is advisable that trademark owners register their marks with Facebook in order to avoid potential confusion or negative consequences such as diminished goodwill, it is recommended that you contact Facebook Inc. using the online form or contact our office to arrange for a recordal of your rights.

Should you wish to discuss the implications of this policy on your trademarks please contact us.

On June 9, 2009 the well-known social networking site Facebook announced the introduction of a new policy to enable users to register personalized usernames as personal URLS in the form:  www.facebook.com/yourname, which will then link to the user's Facebook profile.  Additionally, those administering groups or other Facebook pages may similarly select their own URL for that page.  The initiative starts at 12:01 EDT on Saturday, June 13, 2009 for those whom have signed up with Facebook prior to May 31, 2009 or which have used a particular user profile prior to June 9, 2009.

Additionally, however, the introduction of this policy raises the potential for the adoption of personal URLs which may be confusingly similar or identical to trademarks and brand names thereby resulting in "Facebook squatting".  Anticipating this possibility and, in advance of the Saturday launch, Facebook Inc. has enabled trademark owners to use an on line form to register their trademarks with Facebook in order to prevent third parties from utilize a trademark as part of a URL. 

The Facebook FAQ is available here and provides useful information regarding the new policy and strategies to address intellectual property rights.

In order to mitigate against negative repercussions it is advisable that trademark owners register their marks with Facebook in order to avoid potential confusion or negative consequences such as diminished goodwill, it is recommended that you contact Facebook Inc. using the online form or contact our office to arrange for a recordal of your rights.

Additionally, if you become aware of a third party adopting a personal URL, Facebook Inc. has introduced an IP infringement form to enable rights holders to provide formal notice regarding your pre-existing rights.

Overall, the introduction of personal URLs is intended to enable usage of a Facebook username as a search term while in any search engine.  Nevertheless, the unintended consequences for this development are three-fold:  (1) users must be careful to establish appropriate privacy and security settings to avoid publicly disseminating personal information; (2) trademark owners will be required to police their trademark over Facebook; and (3) trademark owners with pending applications or common law trademark in different jurisdictions may face challenges over the ownership of a particular Facebook URL.  Moreover, it is unclear how Facebook intends to resolve contests between different and perhaps competing rights holders for the same trademark in different jurisdictions or similarly, as between distributors, licensees and licensors, etc.

Should you wish to discuss the implications of this policy on your trademarks please contact us.

Facebook Soliciting User Input On Policies

In an interesting development to an earlier story, Facebook Inc. has announced that users of the company’s popular social networking site will have what may well be an unprecedented role in determining the Terms of Use policies governing the site. 

In a seemingly direct response to the negative backlash from Facebook users following the company’s recent attempts to revise its website policies and in an effort to promote a democratic and transparent process for developing new terms of use, company founder and CEO Mark Zuckerberg today announced that two Facebook Groups have been created by Facebook Inc. to enable a "town-hall" forum to permit users to offer feedback on two proposed policies:

  1. The Facebook Principles, which define user rights while utilizing the social networking service and which will serve as the underlying policy prior to the implementation of  further applications, policies, etc. by the Company; and
  2. The Statement of Rights and Responsibilities, which will replace the existing Terms of Use

Each of these documents will be posted for a month-long comment period closing at 12:01 am PDT on March 29 within which time Facebook Inc. Subsequent to that date, Facebook has indicated that they will republish the two policies along with revisions and comments in response to user feedback. 

Anyone utilizing the website or simply interested in the issues of privacy, copyright and technology law  in the context of user-generated online social networking sites is encouraged to visit the Facebook blog.


 

An About Facebook...

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A recent Internet controversy concerning the successful social networking site Facebook highlights the challenges in amending website Terms and Conditions following changes to the web site's Terms of Service have resulted in numerous challenges, questions, and protest groups users over the ownership of user-generated content. 

In a story which broke on the consumer rights advocacy blog, Consumerist.com , Facebook Inc. attempted to clarify its Terms of of Service resulting in confusion concerning the legal implications for the new provisions, particularly where users elect to close or otherwise inactivate a user account.  Whereas both documents essentially provide for a grant of license from a user to Facebook for the use of user-generated content (i.e. photos, videos, posts, applications, etc.), the new agreement deletes a prior clause which read:

You may remove your User Content from the Site at any time.  If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.  [emphasis added]

Effectively, the changes appeared to suggest that Facebook Inc. intended to assert ownership of user content or, at the very least a non-exclusive, perpetual license to continue to use, post and distribute such content even if a user account is closed. 

In an effort to resolve concerns over the issue, Facebook Inc.'s founder and CEO Mark Zuckerberg announced a re-introduction of the earlier agreement while stating on the corporate blog that  "[o]ur philosophy is that people own their own information and control who they share it with... When people share information on Facebook, they first need to grant Facebook a license to use that information so that we can show it to the other people they've asked us to share it with."

Generally speaking, the ownership of user-generated content will be governed by copyright protections and thus such materials are owned by their originating author unless transferred to a third party by way of assignment.  In Canada and many other countries, such a transfer must also include a waiver of moral rights which refer to rights to attribution and rights to protect the integrity of the work.  

This story certainly serves as a cautionary warning to businesses utilizing customer or user-generated content and the challenges which may result when introducing new contractual terms to an existing relationship - particularly one with a wide and online following.  For users of social networking websites this story highlights the need to closely reviewTerms of Use/Service and Privacy Policies in order to gain a full appreciation for the impact of such provisions on your existing legal rights.

 *Facebook and the Facebook Logo are trademarks of Facebook Inc.