Criticism of Facebook - Terms of Use Controversy

Terms of Use Controversy

While Facebook originally made changes to its terms of use or, terms of service, on February 4, 2009, the changes went unnoticed until Chris Walters, a blogger for the consumer-oriented blog, The Consumerist, noticed the change on February 15, 2009. Walters complained the change gave Facebook the right to "Do anything they want with your content. Forever." The section under the most controversy is the "User Content Posted on the Site" clause. Before the changes, the clause read:

"You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content."

The "license granted" refers to the license that Facebook has to your "name, likeness, and image" to use in promotions and external advertising. The new terms of use deleted the phrase that states the license would "automatically expire" if a user chose to remove content. By omitting this line, Facebook license extends to adopt users' content perpetually and irrevocably years after the content has been deleted.

Many users of Facebook voiced opinions against the changes to the Facebook Terms of Use, leading to an Internet-wide debate over the ownership of content. The Electronic Privacy Information Center (EPIC) prepared a formal complaint with the Federal Trade Commission. Many individuals were frustrated with the removal of the controversial clause. Facebook users, numbering more than 38,000, joined a user group against the changes, and a number of blogs and news sites have written about this issue.

After the change was brought to light in Walters's blog entry, in his blog on February 16, 2009, Zuckerberg addressed the issues concerning the recently made changes to Facebook's terms of use. Zuckerberg wrote "Our philosophy is that people own their information and control who they share it with." In addition to this statement Zuckerberg explained the paradox created when people want to share their information (phone number, pictures, email address, etc.) with the public, but at the same time desire to remain in complete control of who has access to this info.

In order to calm criticism, Facebook returned to its original terms of use. However, on February 17, 2009, Zuckerberg wrote in his blog, that although Facebook reverted to its original terms of use, it is in the process of developing new terms in order to address the paradox. Zuckerberg stated that these new terms will allow Facebook users to "share and control their information, and it will be written clearly in language everyone can understand." Zuckerberg invited users to join a group entitled "Facebook Bill of Rights and Responsibilities" to give their input and help shape the new terms.

On February 26, 2009, Zuckerberg posted a blog, updating users on the progress of the new Terms of Use. He wrote, "We decided we needed to do things differently and so we're going to develop new policies that will govern our system from the ground up in an open and transparent way." Zuckerberg introduces the two new additions to Facebook: the Facebook Principles and the Statement of Rights and Responsibilities Both additions allow users to vote on changes to the terms of use before they are officially released. Because "Facebook is still in the business of introducing new and therefore potentially disruptive technologies", Zuckerberg explains, users need to adjust and familiarize themselves with the products before they can adequately show their support.

This new voting system was initially applauded as Facebook's step to a more democratized social network system. However, the new terms were harshly criticized in a report by computer scientists from the University of Cambridge, who stated that the democratic process surrounding the new terms is disingenuous and significant problems remain in the new terms. The report was endorsed by the Open Rights Group.

In December 2009, EPIC and a number of other US privacy organizations filed another complaint with the Federal Trade Commission regarding Facebook's Terms of Service. In January 2011 EPIC filed a subsequent complaint claiming that Facebook's new policy of sharing users' home address and mobile phone information with third-party developers were "misleading and fail to provide users clear and privacy protections", particularly for children under age 18. Facebook temporarily suspended implementation of its policy in February 2011, but the following month announced it was "actively considering" reinstating the 3rd party policy.