Facebook Beacon

Last updated

Beacon formed part of Facebook's advertisement system that sent data from external websites to Facebook, for the purpose of allowing targeted advertisements and allowing users to share their activities with their friends. Beacon reported to Facebook on Facebook's members' activities on third-party sites that also participated with Beacon. These activities were published in users' News Feed. This occurred even when users were not connected to Facebook, and happened without the knowledge of the Facebook user. The service was controversial and became the target of a class-action lawsuit, resulting in it shutting down in September 2009. One of the main concerns was that Beacon did not give the user the option to block the information from being sent to Facebook. [1] Beacon was launched on November 6, 2007, with 44 partner websites. [2] Mark Zuckerberg, CEO of Facebook, characterized Beacon on the Facebook Blog in November 2011 as a "mistake." [3] Although Beacon was unsuccessful, it did pave the way for Facebook Connect, which has become widely popular. [4]

Contents

Privacy concerns and litigation

Beacon created considerable controversy soon after it was launched, due to privacy concerns. On November 20, 2007, civic action group MoveOn.org created a Facebook group and online petition demanding that Facebook not publish their activity from other websites without explicit permission from the user. In fewer than ten days, this group gained 50,000 members. [5] After the class-action lawsuit, Lane v. Facebook, Inc. , Beacon was changed to require that any actions transmitted to the website would have to be approved by the Facebook user before being published. [6] On November 29, 2007, Stefan Berteau, a security researcher for Computer Associates, published a note on his tests of the Beacon system. He found that data was still being collected and sent to Facebook despite users' opt-outs and not being logged in to Facebook at the time. [1] [7] This revelation was in direct contradiction to the statements made by Chamath Palihapitiya, Facebook's vice president of marketing and operations, in an interview with The New York Times published the same day:

Q. If I buy tickets on Fandango, and decline to publish the purchase to my friends on Facebook, does Facebook still receive the information about my purchase?
A. "Absolutely not. One of the things we are still trying to do is dispel a lot of misinformation that is being propagated unnecessarily." [8]

On November 30, 2007, Louise Story of The New York Times blogged that not only had she received the impression that Beacon would be an explicit opt-in program, but that Coca-Cola had also had a similar impression, and as a result, had chosen to withdraw their participation in Beacon. [9]

On December 5, 2007, Facebook announced that it would allow people to opt-out of Beacon. [10] Founder Mark Zuckerberg apologized for the controversy.

This has been the philosophy behind our recent changes. Last week we changed Beacon to be an opt-in system, and today we're releasing a privacy control to turn off Beacon completely. You can find it here. If you select that you don't want to share some Beacon actions or if you turn off Beacon, then Facebook won't store those actions even when partners send them to Facebook.

On September 21, 2009, Facebook announced that it would shut down the service. [11] [12]

On October 23, 2009, a class action notice was sent to Facebook users who may have used Beacon. [13] The proposed settlement would require Facebook to pay $9.5 million into a settlement fund. The named plaintiffs (approximately 20) would be awarded a total of $41,000, the remainder consisting of legal fees.

Technology

Facebook Beacon worked through the use of a 1x1 GIF web bug on the third-party site and Facebook cookies. [14] Clearing Facebook cookies from the browser after explicitly logging off from Facebook prevented the third-party site from knowing a user's Facebook identity.

Lawsuit and settlement

As part of a class action settlement, Facebook terminated Beacon. Facebook was also required by a court order to notify its users of the settlement. Facebook set up a $6 million [15] fund to establish an independent non-profit foundation that will identify and fund projects and initiatives that promote the cause of online privacy, safety, and security. Facebook also set up a website about the lawsuit. Under the contingency fee arrangement with the plaintiffs, the law firms that filed the case would get a fee, likely to be $3–$4 million, but the average Facebook user would receive no monetary award. Facebook notified its users about the court order.

Facebook received intense criticism because of Beacon. The case was ended by a permanent termination of the system and an establishment of a Privacy Foundation. Before Beacon terminated, 19 people against Beacon organized a class action lawsuit. Settling the case, Facebook finally paid $9.5 million in total to resolve the privacy concerns around its users. [16] It established a non-profit foundation called Digital Trust Foundation with $6.5 million, aiming to "fund and sponsor programs designed to educate users, regulators and enterprises regarding critical issues relating to the protection of identity and personal information online". [17] Around $3 million was distributed to the original plaintiffs and attorneys. One of the class action organizers made an objection to the Supreme Court, arguing that members from the class action received little money from the settlement as a result of donating to a newly founded charity. The person also raised the issue that the settlement was unfair because Facebook still controlled the foundation since an employee from Facebook was in charge of it. In response to the challenge of the settlement, Facebook explained that direct payment would not be a wise decision compared to setting up a foundation. Each potential plaintiff would only share a tiny amount of money as it is being divided by a huge number of class action members. Thus, the money used in founding a relevant non-profit organization to educate people about privacy issues seemed to be a better-off deal serving the same interests. [18]

Significance

Beacon, as "a recommendation from a trusted friend" [19] referred by Mark Zuckerberg, raised ongoing concerns regarding user privacy on social media sites and outraged privacy advocates. Beacon hurt Facebook's reputation by violating its Software Engineering tenets and disrespecting the privacy rights of its users. [20] Since the failure of launching Beacon, Facebook has been mired in controversy in terms of privacy issues. The Beacon stories led many Internet Surfers to believe that "Facebook and other profit-oriented social networking sites are large Internet-based surveillance machines." [21]

In general, Beacon was viewed as a mistake because it appeared to be too explicit about the intentions inscribed in its protocol. [22] By learning from its unsuccessful experience, Facebook has been seeking other ways to monetize its user database through social advertising. Unlike Beacon, the process of commercialization tends to happen in the back-end system thus becoming invisible to the users. [23] In this way, a lot of resistance from the user population could be largely removed. To be more specific, some argue that Facebook Beacon had paved the way for its subsequent service, Facebook Connect, both adopting the idea of utilizing third-party data. [24]

See also

Related Research Articles

<span class="mw-page-title-main">Video Privacy Protection Act</span> 1988 American law on tape rental privacy

The Video Privacy Protection Act (VPPA) is a bill that was passed by the United States Congress in 1988 as Pub. L.Tooltip Public Law (United States) 100–618 and signed into law by President Ronald Reagan. It was created to prevent what it refers to as "wrongful disclosure of video tape rental or sale records" or similar audio visual materials, to cover items such as video games and the future DVD format. Congress passed the VPPA after Robert Bork's video rental history was published during his Supreme Court nomination and it became known as the "Bork bill". It makes any "video tape service provider" that discloses rental information outside the ordinary course of business liable for up to $2500 in actual damages.

<span class="mw-page-title-main">Mark Zuckerberg</span> American businessman and philanthropist (born 1984)

Mark Elliot Zuckerberg is an American businessman and philanthropist. He co-founded the social media service Facebook, along with his Harvard roommates in 2004, and its parent company Meta Platforms, of which he is chairman, chief executive officer and controlling shareholder.

<span class="mw-page-title-main">Facebook</span> Social-networking service owned by Meta Platforms

Facebook is a social media and social networking service owned by the American technology conglomerate Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin Moskovitz, and Chris Hughes, its name derives from the face book directories often given to American university students. Membership was initially limited to Harvard students, gradually expanding to other North American universities. Since 2006, Facebook allows everyone to register from 13 years old, except in the case of a handful of nations, where the age limit is 14 years. As of December 2022, Facebook claimed 3 billion monthly active users. As of October 2023, Facebook ranked as the 3rd most visited website in the world, with 22.56% of its traffic coming from the United States. It was the most downloaded mobile app of the 2010s.

Spokeo is a people search website that aggregates data from online and offline sources.

ConnectU was a social networking website launched on May 21, 2004, that was founded by Harvard students Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra in December 2002. Users could add people as friends, send them messages, and update their personal profiles to notify friends about themselves. Users were placed in networks based upon the domain name associated with the email address they used for registration.

Intelius, Inc. is a public records business headquartered in Seattle, Washington, United States. It provides information services, including people and property search, background checks and reverse phone lookup. Users also have the ability to perform reverse address lookups to find people using Intelius’ services and an address. Intelius, founded by former InfoSpace executives, was started in 2003. It is owned and operated by PeopleConnect, Inc.

Facebook has been the subject of criticism and legal action since it was founded in 2004. Criticisms include the outsize influence Facebook has on the lives and health of its users and employees, as well as Facebook's influence on the way media, specifically news, is reported and distributed. Notable issues include Internet privacy, such as use of a widespread "like" button on third-party websites tracking users, possible indefinite records of user information, automatic facial recognition software, and its role in the workplace, including employer-employee account disclosure. The use of Facebook can have negative psychological and physiological effects that include feelings of sexual jealousy, stress, lack of attention, and social media addiction that in some cases is comparable to drug addiction.

Theodore H. Frank is an American lawyer, activist, and legal writer based in Washington, D.C. He is the counsel of record and petitioner in Frank v. Gaos, the first Supreme Court case to deal with the issue of cy pres in class action settlements; he is one of the few Supreme Court attorneys ever to argue his own case. He wrote the vetting report of vice-presidential candidate Sarah Palin for the John McCain campaign in the 2008 presidential election. He founded the Center for Class Action Fairness (CCAF) in 2009; it temporarily merged with the Competitive Enterprise Institute in 2015, but as of 2019 CCAF is now part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm founded by Frank and his CCAF colleague Melissa Holyoak.

<span class="mw-page-title-main">Tyler Winklevoss</span> American businessman and rower

Tyler Howard Winklevoss is an American investor, founder of Winklevoss Capital Management and Gemini cryptocurrency exchange, and former Olympic rower. Winklevoss co-founded HarvardConnection along with his brother Cameron Winklevoss and a Harvard classmate of theirs, Divya Narendra. In 2004, the Winklevoss brothers sued Mark Zuckerberg, claiming he stole their ConnectU idea to create the social networking service site Facebook. As a rower, Winklevoss competed in the men's pair rowing event at the 2008 Summer Olympics with his identical twin brother and rowing partner, Cameron.

<i>Authors Guild, Inc. v. Google, Inc.</i> U.S. copyright law case, 2015

Authors Guild v. Google 804 F.3d 202 was a copyright case heard in federal court for the Southern District of New York, and then the Second Circuit Court of Appeals between 2005 and 2015. It concerned fair use in copyright law and the transformation of printed copyrighted books into an online searchable database through scanning and digitization. It centered on the legality of the Google Book Search Library Partner project that had been launched in 2003.

Google Buzz was a social networking, microblogging and messaging tool developed by Google. It replaced Google Wave and was integrated into their web-based email program, Gmail. Users could share links, photos, videos, status messages and comments organized in "conversations" and visible in the user's inbox.

<span class="mw-page-title-main">Edelson</span> American law firm known for class action lawsuits

Edelson PC is an American plaintiffs' law firm that focuses on public client investigations, class actions, mass tort, and consumer protection laws. Edelson’s cases include class action settlements against Facebook for $650 million (2021), social casino apps for nearly $200 million (2021), and a $925 million verdict against ViSalus (2020.)

<i>Lane v. Facebook, Inc.</i> US District Court class-action lawsuit

Lane vs. Facebook was a class-action lawsuit in the United States District Court for the Northern District of California regarding internet privacy and social media. In December 2007, Facebook launched Beacon, which resulted in users' private information being posted on Facebook without the users' consent. Facebook ended up terminating the Beacon program and created a $9.5 million fund for privacy and security. There was no monetary compensation awarded to Facebook users affected negatively by the Beacon program.

<i>Fraley v. Facebook, Inc.</i>

Fraley, et al. v. Facebook, Inc., et al. is a class action lawsuit filed in California against Facebook alleging misappropriation of Facebook users' names and likenesses in advertisements called "Sponsored Stories". The case resulted in the parties reaching a settlement. Settlement checks in the amount of $15 were distributed to class members beginning in November 2016.

<span class="mw-page-title-main">Facebook like button</span> Feature of the social networking website Facebook

The like button on the social networking website Facebook was first enabled on February 9, 2009. The like button enables users to easily interact with status updates, comments, photos and videos, links shared by friends, and advertisements. Once clicked by a user, the designated content appears in the News Feeds of that user's friends, and the button also displays the number of other users who have liked the content, including a full or partial list of those users. The like button was extended to comments in June 2010. After extensive testing and years of questions from the public about whether it had an intention to incorporate a "Dislike" button, Facebook officially rolled out "Reactions" to users worldwide on February 24, 2016, letting users long-press on the like button for an option to use one of five pre-defined emotions, including "Love", "Haha", "Wow", "Sad", or "Angry". Reactions were also extended to comments in May 2017, and had a major graphical overhaul in April 2019.

In the 2010s, personal data belonging to millions of Facebook users was collected without their consent by British consulting firm Cambridge Analytica, predominantly to be used for political advertising.

The Biometric Information Privacy Act is a law set forth on October 3, 2008 in the U.S. state of Illinois, in an effort to regulate the collection, use, and handling of biometric identifiers and information by private entities. Notably, the Act does not apply to government entities. While Texas and Washington are the only other states that implemented similar biometric protections, BIPA is the most stringent. The Act prescribes $1,000 per violation, and $5,000 per violation if the violation is intentional or reckless. Because of this damages provision, the BIPA has spawned several class action lawsuits.

<span class="mw-page-title-main">Meta Platforms</span> American multinational technology conglomerate

Meta Platforms, Inc., doing business as Meta, and formerly named Facebook, Inc., and TheFacebook, Inc., is an American multinational technology conglomerate based in Menlo Park, California. The company owns and operates Facebook, Instagram, Threads, and WhatsApp, among other products and services. Meta ranks among the largest American information technology companies, alongside other Big Five corporations Alphabet (Google), Amazon, Apple, and Microsoft. The company was ranked #31 on the Forbes Global 2000 ranking in 2023.

Facebook, Inc., has been involved in many lawsuits since its founding in 2004.

Meta Platforms Inc., or Meta for short, has faced a number of privacy concerns. These stem partly from the company's revenue model that involves selling information collected about its users for many things including advertisement targeting. Meta Platforms Inc. has also been a part of many data breaches that have occurred within the company. These issues and others are further described including user data concerns, vulnerabilities in the company's platform, investigations by pressure groups and government agencies, and even issues with students. In addition, employers and other organizations/individuals have been known to use Meta Platforms Inc. for their own purposes. As a result, individuals’ identities and private information have sometimes been compromised without their permission. In response to these growing privacy concerns, some pressure groups and government agencies have increasingly asserted the users’ right to privacy and to be able to control their personal data.

References

  1. 1 2 Perez, Juan Carlos (December 1, 2007). "Facebook's Beacon More Intrusive Than Previously Thought". PCWorld. Archived from the original on June 5, 2008. Retrieved December 3, 2007.
  2. "Leading Websites Offer Facebook Beacon for Social Distribution". Facebook Press Room. November 6, 2007. Retrieved December 3, 2007.
  3. Zuckerberg, Mark. "Our Commitment to the Facebook Community" . Retrieved January 6, 2016.
  4. Cashmore, Pete (September 19, 2009). "RIP Facebook Beacon". Mashable.
  5. "Petition: Facebook, stop invading my privacy! (Facebook group)". Facebook . Retrieved December 3, 2007.
  6. Farber, Dan (November 25, 2007). "Facebook Beacon update: No activities published without users proactively consenting". ZDNet. Retrieved December 3, 2007.
  7. Berteau, Stefan (November 27, 2007). "Facebook's Misrepresentation of Beacon's Threat to Privacy: Tracking users who opt-out or are not logged in". Archived from the original on December 17, 2007. Retrieved December 3, 2007.
  8. Stone, Brad (November 29, 2007). "Facebook Executive Discusses Beacon Brouhaha". The New York Times . Bits (blog). Retrieved October 30, 2009.
  9. Story, Louise (November 30, 2007). "Coke Is Holding Off on Sipping Facebook's Beacon". The New York Times. Bits (blog). Retrieved October 30, 2009.
  10. Zuckerberg, Mark (December 5, 2007). "Thoughts on Beacon". Facebook Blog. Retrieved October 30, 2009.
  11. Metz, Cade (September 23, 2009). "Facebook turns out light on Beacon". The Register. Retrieved September 24, 2009.
  12. Albanesius, Chloe (September 22, 2009). "Facebook Partners With Nielsen, Ditches Beacon". PCmag.com. Retrieved September 24, 2009.
  13. "Class Notice" (PDF). Archived from the original (PDF) on April 1, 2010. Retrieved December 4, 2009.
  14. "Privacy Policy - Third Party Advertising". Facebook . Retrieved December 4, 2007.
  15. "Facebook Settlement Gets Judge's OK". Archived from the original on August 14, 2011. Retrieved May 5, 2011.
  16. Hurley, Lawrence (November 4, 2013). "U.S. justices decline to review Facebook 'Beacon' settlement". Reuters. Retrieved November 15, 2020.
  17. Pete Williams; Helen Popkin. "Supreme Court won't review Facebook's notorious 'Beacon' case". NBC News. Retrieved May 22, 2014.
  18. Kendall, Brent. "Facebook's Settlement on 'Beacon' Service Survives Challenge". The Wall Street Journal. Retrieved May 22, 2014.
  19. Louise Story; Brad Stone. "Facebook Retreats on Online Tracking". The New York Times. Retrieved May 22, 2014.
  20. Blizard, Katherine. "Facebook, Beacon and Your Privacy" (PDF). True-reality.net/. Retrieved June 11, 2014.
  21. Fuchs, Christian (March 1, 2011). Foundations of Critical Media and Information Studies. Oxford: Taylor & Francis. p. 1. ISBN   978-1136825316 . Retrieved June 11, 2014.
  22. van Dijck, José (2013). The culture of connectivity : a critical history of social media. Oxford: Oxford University Press. p. 48. ISBN   978-0199970780.
  23. Ganaele Langlois; Fenwick McKelvey; Greg Elmer; Kenneth Werbin (2009). "FCJ-095 Mapping Commercial Web 2.0 Worlds: Towards a New Critical Ontogenesis". The Fibreculture Journal (14). ISSN   1449-1443.
  24. Catone, Josh. "Facebook Connect is Beacon Done Right". Sitepoint. Retrieved August 9, 2018.