Federal Government Targets Privacy Violations By Social Media Companies

Continuing its focus on privacy issues, the Federal Trade Commission (FTC) reached a settlement earlier this month with social networking service, Myspace, over charges that it misrepresented its protection of users' personal information. The FTC alleged that Myspace allowed advertisers to access personally identifiable information despite previous assurances to its users that it would keep such information private. The settlement requires Myspace to implement a comprehensive privacy program, and calls for regular, independent privacy assessments for the next 20 years.

The primary data practice at issue was Myspace's alleged sharing of the unique identifier assigned to each profile of each Myspace user called a "Friend ID" with third-party advertisers to customize advertisements directly on its site. The FTC alleged that advertisers could use the identifier - by simply typing the Friend ID in the URL after the slash in www.myspace.com/ - to access a particular user's profile and personal information. A user's profile contains some basic profile information such as his or her age, gender, profile picture (if the user chooses to include one), display name, and, by default, the user's full name. User profiles also may contain additional information such as pictures, hobbies, interests, and lists of users' friends. The FTC also alleged that advertisers could use a tracking cookie to combine an individual user's real name and other personal information to link broader web-browsing activity to that specific individual.

Myspace's privacy policy promised it would not share users personally identifiable information, or use such information in a way that was inconsistent with the purpose for which it was submitted, without first giving notice to users and receiving their permission to do so. The privacy policy also promised that the information used to customize ads would not individually identify users to third parties and would not share non-anonymized browsing activity. The FTC alleged that the Myspace's use of the Friend ID was not described in its privacy policy and it did not receive permission from its users for such sharing. The FTC charged that this constituted deceptive statements in its privacy policy which violated federal law (Section 5(a) of the Federal Trade Commission Act).

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