Facebook violated FTC order, EPIC says, news feed algorithm should be made public
Click to read the complaint
The Electronic Information Privacy Center has filed a formal complaint with the Federal Trade Commission over Facebook's now-infamous research project, alleging the social media giant "purposefully messed with people's minds."
The complaint raises interesting legal issues. Because Facebook was already operating under a consent decree with the FTC for a previous privacy issue, Facebook is on a shorter legal leash than it otherwise would be, and the decree gives the FTC wider latitude to impose sanctions than the watchdog agency would otherwise have.
EPIC wasn't shy about its demands -- the advocacy organization asked the FTC to force Facebook to reveal its secret sauce, and "make public the algorithm by which it generates the News Feed for all users."
You'll recall Facebook's latest privacy dust-up involves using about 700,000 members to see if it could make them happier or sadder by altering the data they see on their news feed. Critics (including me) say Facebook didn't have the consent of those users, and screwing with people's state of mind is a game not to be taken as lightly as Facebook did.
EPIC's complaint offers similar criticisms, but stresses that Facebook had agreed to a settlement with the FTC back in 2011 that it deceived users by failing to keep certain data private, against users' stated wishes. The settlement saw Facebook agree to terms that "required (the firm) to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences."
EPIC says the research project violated the terms of that settlement.
"Facebook misrepresented its data collection practices, in contravention of Count I of the Consent Order," EPIC's complaint says. The firm also "misrepresented the extent to which it made covered information accessible to third parties."
Due to that violation, the FTC should impose additional sanctions. Revealing the news feed algorithm is the biggest ask; consumers often complain that they don't see friends' updates as they wish to. EPIC has also asked that the FTC open an investigation and "Provide such other relief as the Commission finds necessary and appropriate."
Facebook issued a statement to USA Today in response to the complaint:
"When someone signs up for Facebook, we've always asked permission to use their information to provide and enhance the services we offer. To suggest we conducted any corporate research without permission is complete fiction," the statement says, according to the paper. "Companies that want to improve their services use the information their customers provide, whether their privacy policy uses the word 'research' or not."