FTC Called Upon to Regulate Social Networking Privacy for Facebook

April 27, 2010 - By Justin E. Gehrke

Just days after Facebook implemented user profile changes aimed at transforming the web, through Social Graphing, a U.S. Senator has jumped into the ongoing discussion regarding privacy implications for users. On April 26, 2010, the office of Senator Charles Schumer (D-N.Y.) posted an open letter urging the U.S. Federal Trade Commission (FTC) to develop and implement guidelines designed to prohibit the sharing of private user information, without prior consent.

At issue are changes in what and how information is shared by default by Facebook, with its partnered sites and applications. Specifically, Sen. Schumer asserts that users should be required to “opt-in”, versus having to “opt-out”. As in previous platform updates, Facebook requires users to manually go through a tedious opt-out process,wherein each privacy option must be configured individually. His focus, though, isn’t just limited to Facebook. Schumer’s letter also mentions other social networking sites, such as MySpace and Twitter.

In the official press release regarding the matter, Schumer’s office points out that “…recent changes by Facebook fundamentally change the relationship between the user and the social networking site. Previously, users had the ability to determine what information they chose to share and what information they wanted to keep private.” To address the lack of governmental oversight regarding the issue, Schumer asks that the FTC use its authority under U.S. law to review the current state of social networking and, specifically, how private information is protected to prevent its carte blanche, without previous approval by users of the service.

Sen. Schumer also addressed other social networking providers in the document, stating:

“Hundreds of millions of people use social networking sites like Facebook, Myspace, and Twitter every day. These sites have helped reconnect old friends, allow families from far away to stay in touch, and created new friendships; overall they provide a great new way to communicate. As these sites become more and more popular, however, it’s vitally important that safeguards are in place that provide users with control over their personal information to ensure they don’t receive unwanted solicitations. At the same time, social networking sites need to provide easy to understand disclosures to users on how information they submit is being shared.”

Acknowledging the possibility that the regulation of such web-based service might be outside of the FTC’s current jurisdiction, Schumer encouraged the FTC to be forthcoming regarding their limitations. To this end, he indicated that he would be willing to use his position to help the them obtain the “tools and authority” they needed to accomplish the daunting task at hand.

Whether government regulation will actually apply or be effective is the fodder of cable news networks and political pundits. For users of social networking services, though, Schumer’s intervention represents a positive step toward better protecting their online privacy. At a minimum, someone in a position of influence has recognized the lack of clear guidance on what any internet site or service is allowed to do with a user’s information. Hopefully, even if the FTC doesn’t get involved, the providers of services such as Facebook, Twitter, and MySpace will heed the call and take corrective action on their own.

Source: Press Release – Office of Senator Charles Schumer, April 26, 2010