Canadian Group Files Facebook Privacy Complaint 128
bergkamp writes "A Canadian public policy group filed a complaint charging Facebook with 22 separate violations of a Canadian personal information protection law. The Canadian Internet Policy and Public Interest Clinic, based at the University of Ottawa, asked the Privacy Commissioner of Canada to investigate what it describes as Facebook's failure to inform members (PDF) how their personal information is disclosed to third parties for advertising and other commercial purposes. The complaint also alleges that Facebook has failed to obtain permission from members for disclosure of their personal information. The claim is that that Facebook violates the Canadian Personal Information Protection and Electronics Documents Act, which Philippa Lawson, the clinic's director, said is much stricter than US personal information protection laws."
That's nice, and all (Score:1, Insightful)
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Re:That's nice, and all (Score:5, Insightful)
LOL.
Be sure to email Lou Dobbs in case he didn't get the memo.
While you're at it, be sure to mention that you've found the solution to end all wars, territorial disputes, and cure the rising tide of nationalism in Russia, China, Kossovo and
Re:That's nice, and all (Score:4, Insightful)
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While that may be the real issue here, and worthy of prolonged discussion, Lou Dobbs jokes are infinitely easier.
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Any sufficiently large target will be attacked, regardless of territory. If Facebook were located in China, I'm sure some dude named Cheung Goldberg would find an excuse to sue them!
Re:That's nice, and all (Score:4, Insightful)
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- RG>
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They'd just cease any Facebook assets that happen to pass through Canada.
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Oh wait, they don't.
Re:That's nice, and all (Score:5, Funny)
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What people can, in their capacity for infinite stupidity, make, they can, in their capacity for reasonable amounts of wisdom, unmake.
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Re:That's nice, and all (Score:5, Insightful)
Tell that to the Missouri Highway Patol when you cross the Mississippi river from Illinois on your motorcycle when you're not wearning a helmet.
Yes, borders are a thing of the past. They're also a thing of the present and a thing of the future.
If Facebook has offices in Canada, servers in Canada, or workers who live in Canada then Canada has a valid point. If not then Facebook can tell Canada to fuck off.
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Routers don't have to obey any laws except the laws of physice, but the people using them do. You don't send a gun to prison for murder, you send the human who fired the gun.
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Do I tell it to them before or after they're scraping your brains off of the pavement?
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My blogsite allows user registration and such. I really don't care to become a legal expert in foreign law as the US laws are complex enough. Actually, I don't really give a rats *ss about any foreign governments toes I just happen step on.
-Michael
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Up to a point, but you need to make sure that if you *do* offend any foreign governments or law enforcement bodies, that you do not subsequently either visit these countries, or hold any significant assets in their jusirdiction, or visit any country that might extradite you to the country or countries you offended. So you do need to 'give a rats ass' to the point of keeping track of where not to go. And be sure
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At one point eBay, Amazon and Yahoo! didn't care either.
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Nothing will happen to you. Unless, like Facebook, you have 7 million members in Canada, take advertising money from Canadian customers and thus have millions of dollars in cashflow passing through Canadian banks, then you might have to take notice if you break laws relating to how you use the i
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Re:That's nice, and all (Score:5, Interesting)
This seems to imply that there are separate servers running for Canadians accessing Facebook, so at a minimum, that would give some leverage into forcing them to follow Canada's rules. Now, if those servers are physically located in Canada (no, I haven't bothered doing a traceroute to find out where fbcdn.net ends up), that would definitely force them to follow those rules.
Slightly OT, but in my current job and we recently went looking for a new hosting company to host our database (which has a fair amount of private data in it). Because my company gets a large amount of our budget for the federal and provincial governments (it's a non-profit) we like to abide by as many of the federal government rules when it comes to IT and data privacy. One of those rules is any private data must only be hosted in Canada and it can not leave the country. A few companies came to us as "the Canadian branch of hosting company X". The conversations went like this:
Me: Where are your datacenters?
Them: We have them all over the world.
Me: Ok, but in which of those datacenters is our data going to be physically hosted?
Them: We can do distributed hosting so it's in many different datacenters
Me: Yes or no, Are these datacenters in Canadian territory?
Them:
Me: So, I'll take that as a no, which means that you know we can't host with you because of the government ruling about hosting private data outside the country.
Them:
Me:
More and more Canadian companies are taking the approach of hosting only in Canada, if only to ensure that they know the rules for data privacy and know there won't be a conflict between Canada's and the other country's.
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A couple of months ago, I noticed that Facebook started telling me that I needed to turn on Javascript, even though I had facebook.com in my allow list in NoScript. I noticed that there was now a second server required, http://www.fbcdn.net/ [fbcdn.net] (I checked CIRA's WhoIs and facebook.ca was snatched up by someone else in 2005). I was recently in the states, so I disallowed fbcdn.net in NoScript (just to see), and there were no complains about my Javascript setting until I returned north of the border.
Might fbcdn.com just be the Face-Book-Content-Distribution-Network? All static content (Javascript, images, CSS) is using static.ak.fbcdn.net when I look at a Facebook page (in the UK).
static.ak.fbcdn.net is hosted by Akamai, which could be interesting, legally. Might it mean that since bits of Facebook are being served from Akamai servers -- in many different countries -- Facebook have a presence in them? Hopefully (for Facebook) they are careful to ensure it's only static content.
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Re:That's nice, and all - insightful? (Score:2)
knuckle-dragger mods...
I don't get it (Score:4, Insightful)
It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site!
If you don't like it, don't use it.
Re:I don't get it (Score:4, Informative)
Re:I don't get it (Score:4, Interesting)
If Facebook does not have a physical presence in Canada, exactly how will Canada enforce this law on them, should Canada rule that it does apply? I am pretty sure that the current U.S. Supreme Court would not rule in Canada's favor on this, considering that they still seem to support the ruling that state's cannot enforce their laws on businesses located in other states that do business with residents of said state (sales tax).
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Actually, the question is, does Facebook do business in Canada, or does it merely do business with Canadians? If it is the former, it must follow Canadian law when doing business in Canada. If it is the latter, Canadian law does not apply. Or to put it another way, does Facebook have a physical presence in Canada?
While physical presence is one of the factors in a forum non conveniens motion, it is not determinative. In Rudder v. Microsoft Corp., 1999 CanLII 14923 (ON S.C.) [canlii.org], a Canadian court held that because the EULA required the dispute to be resolved in Washington, Canadian courts were precluded from hearing it. The other factors the Canadian courts (at least in Ontario) consider, per Rudder v. Microsoft, are as follows:
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You're absolutely right; the test I took from Rudder was jurisdictional. I noticed that after I had hit "submit". They are neatly intertwined, so I beg your indulgence (and indeed, it is worth noting that equivalent principles to prevent "long-arm" jurisdiction seen by using forum non conveniens in Canada is in many of the US states created by the in personam jurisdictional test arising out of the 14th Amendment
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If the Canadian government does not approve of the site it can threaten to block
Re:I don't get it (Score:5, Informative)
You are probably right that when posting on Facebook one should assume that the information will be essentially available to the general public. However, Facebook claims otherwise and therefore they should be liable for this.
Leaveing Facebook (Score:2, Interesting)
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When I'm going to leave it I'll just change the data first to nonsense, leave it for a few weeks to make sure it filters through the system, and then disable my account.
Not that I've ever put any really private stuff there.
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Why does an application developer (read: everyone interested in your personal data) need to have access to all your data?
Because you gave it to him directly under terms (probably allowing them to share the data with advertisers) that you agreed to. This is not quite the same thing as a third party giving your information to another third party since all Facebook users signed themselves up for the service themselves. Facebook is an American corporation so if you want to dispute the terms of service (TOS) as violating privacy (and collect actual damages when and if you win) then you would have to do it in an American court and
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>If you don't like it, don't use it.
If you do use it, and they break the law, the fact that you used it for free is not a defense for illegal practices. You can think of examples where it's possible for a provider of a free accommodation to break the law right? Just because something is free and you don't like it, doesn't mean they get to say "no Irish" or violate privacy laws in your country.
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It should be obvious to anyone with a level of intelligence higher then a chimp that Facebook shares information, it's an information sharing site!
Problem is when it shares more information than it promised to do. You can for instance set certain pieces of information to be only shown to friends. However, this doesn't always work as expected, an info can leak out to non-friends.
Another problem is when it gathers information from third party partner sites, and broadcast this to your friends. Not everybody might be delighted when suddenly their friends see in their minilog that you just bought "How to Come Out to Family and Friends" ... (well at least
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If you are on facebook and are concerned about (Score:5, Insightful)
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It's the new equivalent of "Hey, did you hear x got married?"
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If a white person goes for a stroll through Harlem wearing an "I hate black people" t-shirt, and gets shot, that makes him a moron. And dead.
It doesn't mean that the shooter has a license to kill because of the victim's idiocy.
Much stricter? (Score:2)
Aside from medical records and IRS records, I wasn't aware that we actually had any personal information protection laws.
Wrong Target (Score:1, Informative)
I've actually been very impressed with the level of privacy controls.
I'm a school teacher and have my collegues and students blocked from certain areas that only my close friends can access.
I can change what data applications can access, and edit it at a later date, and there is plenty of explanation of what will be shared.
Compare this to most sites with a simpl
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Anyone who nags you to get a Facebook account just so she can say she's dating you... oh, forget it. It's far too early to start having this conversation.
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Mine contains my name and age
No contact details
No address
So
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...and what data did you put on Facebook
... and that's about it ... you might be able to work out more from my friends but ...
Mine contains my name and age
I don't even think it's reasonable to put a real name up. All these companies share all the data they have on you, so if one of them has your name and another has your photo and another has your browser photo, they have a complete file on you. I think it's safer to remain anonymous everywhere.
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Compare this to most sites with a simple "We will share your info, OK?" box, and I think Facebook should be commended for giving users this level of control over their data.
The second point in the report is that Facebook doesn't have a "we will share your info" box, specifically, date of birth. You must provide the date of birth to use the service, which violates one of the privacy rules.
I'm a school teacher and have my collegues and students blocked from certain areas that only my close friends can access.
Teachers in Scotland have been asked ... [to] not involve themselves with social networking sites, or be in a situation where an online relationship could form with a pupil. [bbc.co.uk]
(Off-topic, but I thought I'd throw it in.)
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Odd that Slashdot dosent understand (Score:5, Interesting)
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At least this law is for the people.
It depends. The same privacy laws are (ab)used by Canadian police when they lock up some poor tourist without access to a phone nor a lawyer.
Sometimes you do want your friends to know what happened to you, that knowledge might allow them to get you outta there...
In the meantime: when travelling to Canada, do not only leave the details of your trip with friends, but also with family... Friends might not be able to help if you suddenly drop off the radar (due to Canadian privacy laws), whereas family might
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What does this have to do with online privacy?
It does have nothing to do with online privacy, but it sure as hell has to do with privacy laws in general, because that's what police uses to hide behind in such cases.
Now, if there is an issue that happens becuse someone gets arrested improperly, I am sure that happens everywhere.
Sure enough... But at least places such as China will admit that they have arrested somebody, rather than hiding behind privacy and data protection laws.
It is easy to manufacture evidence
Look at what the states, have bben doing. Look out gitmo, here i come!
Yes, Canada is probably not the worst place as far as police abuse is concerned... That still doesn't make it right. And hiding
Crazy (Score:5, Insightful)
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Promoting 'opt in' privacy provisions in contracts (Score:2, Insightful)
I am canadian but.. (Score:3, Insightful)
I can't see how they would be.
Of course profit trumps privacy... (Score:3, Funny)
Stupid Canadians are so un-American.
FaceBook (Score:2)
Just cut out Canada... (Score:3, Insightful)
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"Facebook [...] has around 70 million registered users worldwide - including around seven million Canadians."
http://www.bigmouthmedia.com/live/articles/facebook-falls-foul-of-canadian-law-students.asp/4795/
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"Facebook [...] has around 70 million registered users worldwide - including around seven million Canadians."
The math is more complicated than that, though. If the 7M hoseheads are high school kids with no spending power, or users that log in infrequently, then their value goes down - You can't just base it on numbers. My wife is a Canadian Facebook user who hasn't logged in in 2 months.
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Furthermore, how do you determine which users are Canadians? If I leave all my networks, I could be living anywhere in the world. If you go by IP addresses you'll be eliminating people who are just living in or visiting Canada, but not Canadians living or visiting abroad.
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As a Canadian, when I surf the web I encounter content that isn't available to me - Amazon.com won't let me put an MP3 purchase in a shopping cart, even if I'm not logged in. CBS.com won't let me watch the latest episode of "Survivor" etc. etc. etc.
I'm sure I could do all kinds of proxy cleverness, but I suspect the vast majority of Facebookers would simply give up on the service if it was unavailable in Canada.
Not a bad idea (Score:1)
However, there is nothing wrong with having a commission look at facebook. I hope as a productive force, as opposed to a legal force. By that I mean a commission to look at how facebook can improve privacy/protect citizens, as opposed to finding a way to sue it.
Maybe we need to change the default options for some parts of facebo
Yeah, good luck with that lawsuit. (Score:2)
step to enhance privacy on Facebook (Score:1)
Today is the day that Canadian reason died (Score:2)
As an aside, this is what happens when Conservatives are in power, and education takes a downturn. No offence to the US people here, but, this is just an indication that we are well on our way down the path to wh
I'm on so much stuff now I can't think anymore! (Score:1)
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Re:Don't use it then! (Score:5, Informative)
Here's one extract:
such email addresses for its own purposes, Facebook is violating the âoeknowledge and consentâ principle outlined in Principle 4.3.3 of PIPEDA by not informing the individual why his or her email address is kept. The non-User has not consented to this retention of information, and is most likely unaware that it is taking place. The non-User only receives an automated email from
their friend via Facebook, which encourages the individual to join the Network. The email gives no indication to the receiver that their information will now be kept on file or that they must contact Facebook directly to remove themselves from the list. Furthermore, if the individual has received more than one invitation to join Facebook, all past invitations will reappear on the new invitation. This is a clear example of how Facebook retains non-Userâ(TM)s information.
Re:Don't use it then! (Score:5, Interesting)
It was always the information collected from other users that bothered me about Facebook. I signed up briefly in the early days, keen to see what all the fuss was about. Despite deliberately giving them almost no personal information about me, within a few days they practically had half my life story, generously volunteered by my friends with no doubt the best of intentions but certainly not my permission or consent. I deleted my account soon after joining, only to discover later that they don't really delete the information anyway.
There doesn't seem to be much point suggesting on Slashdot that this is unreasonable, maybe even dangerous, behaviour, though: last time I just got heavily down-modded and told I should read some Ts&Cs page on an obscure URL that I was supposed to have found before signing up (which, as far as I could tell, was not even available to non-users at the time). I guess "information wants to be free" mentality trumps "identity theft can ruin your life" and "privacy is important" around here. :-(