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Facebook Policy Changes Raises Questions About Compliance with 2011 Consent Order

Facebook has begun to review comments on changes to its Statement of Rights and Responsibilities. Among other changes, Facebook now states that a user's information is disclosed to apps used by his or her friends, that Facebook software or plugins that users download may automatically download updates, upgrades, and additional features, and that users may not tag others who do not wish to be tagged. The FTC recently issued a proposed settlement with Facebook after finding that Facebook "deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public." In particular, the FTC found that Facebook had misled users about the extent to which their personal information would be made available to apps used by their friends. The settlement follows from complaints filed by EPIC and other consumer and privacy organizations in 2009 and 2010 and bars Facebook from changing privacy settings without the affirmative consent of users or misrepresenting the privacy or security of users' personal information. In comments filed with the FTC, EPIC said that the settlement is "insufficient to address the concerns originally identified by EPIC and the consumer coalition, as well as those findings established by the Commission." For more information, see EPIC: Facebook Privacy, and EPIC: FTC Facebook Settlement.

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