Tuesday 17 February 2009

Does Facebook 'own' your data?

Facebook quietly updated its terms of service last week, sparking outcry among consumer advocates who interpreted the changes as meaning that Facebook can do what it wants with your data at any time. Forever. Even when you leave the service.

The Consumerist weblog (it's part of the non-profit conusmer rights publication Consumer Reports) cited some pretty scary changes that Facebook made to its terms, which are the conditions you agree to when you use it. The Consumerist wrote:

'Facebook's terms of service used to say that when you closed an account on their network, any rights they claimed to the original content you uploaded would expire. Not anymore.

'Now, anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later. Want to close your account? Good for you, but Facebook still has the right to do whatever it wants with your old content. They can even sublicense it if they want.'

Facebook has since responded and defended itself, saying that the changes don't, apparently, give it carte blanche to do what it likes with your content, and if you deactivate your account, it will respect the privacy settings you had put in place prior.

What it does mean though is that your content won't be deleted from, say, a friend's Wall when you delete your Facebook account, in the same way that an email you send a friend won't be deleted when you delete your email account. A representative from Facebook told The Industry Standard:

'We are not claiming and have never claimed ownership of material that users upload. The new Terms were clarified to be more consistent with the behavior of the site. That is, if you send a message to another user (or post to their wall, etc...), that content might not be removed by Facebook if you delete your account (but can be deleted by your friend). Furthermore, it is important to note that this license is made subject to the user's privacy settings. So any limitations that a user puts on display of the relevant content (e.g. To specific friends) are respected by Facebook. Also, the license only allows us to use the info "in connection with the Facebook Service or the promotion thereof." Users generally expect and understand this behavior as it has been a common practice for web services since the advent of webmail. For example, if you send a message to a friend on a webmail service, that service will not delete that message from your friend's inbox if you delete your account.'
After the outcry from Facebook users, who set up protest groups such as 'FACEBOOK OWNS YOU: Protest the new changes to the TOS!', founder Mark Zuckenberg responded on the official company blog, clarifying that the terms were changed to make it clearer that information may appear in two places, such as when a person sends a message to a friend.

'We think this is the right way for Facebook to work, and it is consistent with how other services like email work,' he wrote, adding that 'in reality, we wouldn't share your information in a way you wouldn't want. The trust you place in us as a safe place to share information is the most important part of what makes Facebook work. Our goal is to build great products and to communicate clearly to help people share more information in this trusted environment.'

What Zuckenberg acknowledged was that, 'We're at an interesting point in the development of the open online world where these issues are being worked out. It's difficult terrain to navigate and we're going to make some missteps, but as the leading service for sharing information we take these issues and our responsibility to help resolve them very seriously.'

The interesting thing about all this is that Facebook hasn't amended the terms of service to make it clearer to users. Why doesn't it just give an example like the one they mentioned about about how your content might still stay on their system? Why does the fine print have to include so much legalese? Google has a privacy page that gives examples in plain English about how your data is used, and why.

Also, the way Facebook works isn't just like someone's inbox - it has public parts, semi-public parts, photos and applications. It's a completely different dynamic. All very interesting stuff!

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