7
Video Privacy Protection Act, the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, and California’s Computer Crime Law.
30
28. On May 30, 2008, the Canadian Internet Policy and Public Interest Clinic filed a
complaint with Privacy Commissioner of Canada concerning the “unnecessary and non-
consensual collection and use of personal information by Facebook.”
31
29. On July 16, 2009, the Privacy Commissioner’s Office found Facebook “in contravention”
of Canada’s Personal Information Protection and Electronic Documents Act.
32
30. The Privacy Commissioner’s Office found:
Facebook did not have adequate safeguards in place to prevent
unauthorized access by application developers to users’ personal
information, and furthermore was not doing enough to ensure that
meaningful consent was obtained from individuals for the disclosure of
their personal information to application developers.
33
31. On February 4, 2009, Facebook revised its Terms of Service, asserting broad, permanent,
and retroactive rights to users’ personal information—even after they deleted their
accounts.
34
Facebook stated that it could make public a user’s “name, likeness and image
for any purpose, including commercial or advertising.”
35
32. Users objected to Facebook’s actions, and Facebook reversed the revisions on the eve of
an EPIC complaint to the Commission.
36
28
In Lane v. Facebook, Inc., No. 5:08-CV-03845 (N.D. Cal. filed Aug. 12, 2008), Facebook has requested court
approval of a class action settlement that would terminate users’ claims, but provide no monetary compensation to
users. The court has not ruled on the matter.
29
See e.g., Harris v. Facebook, Inc., No. 09-01912 (N.D. Tex. filed Oct. 9, 2009); Lane v. Facebook, Inc., No. 5:08-
CV-03845 (N.D. Cal. filed Aug. 12, 2008); see also Harris v. Blockbuster, No. 09-217 (N.D. Tex. filed Feb. 3,
2009), appeal docketed, No. 09-10420 (5th Cir. Apr. 29, 2009).
30
Id.
31
Letter from Philippa Lawson, Director, Canadian Internet Policy and Public Interest Clinic to Jennifer Stoddart,
Privacy Commissioner of Canada (May 30, 2008), available at
http://www.cippic.ca/uploads/CIPPICFacebookComplaint_29May08.pdf.
32
Elizabeth Denham, Assistant Privacy Commissioner of Canada, Report of Findings into the Complaint Filed by
the Canadian Internet Policy and Public Interest Clinic (CIPPIC) against Facebook Inc. Under the Personal
Information Protection and Electronic Documents Act, July 16, 2009, available at http://priv.gc.ca/cf-
dc/2009/2009_008_0716_e.pdf.
33
Id. at 3.
34
Chris Walters, Facebook's New Terms Of Service: "We Can Do Anything We Want With Your Content. Forever."
The Consumerist, Feb. 15, 2009, available at http://consumerist.com/2009/02/facebooks-new-terms-of-service-we-
can-do-anything-we-want-with-your-content-forever.html#reset.
35
Id.
36
JR Raphael, Facebook's Privacy Flap: What Really Went Down, and What's Next, PC World, Feb. 18, 2009,
http://www.pcworld.com/article/159743/facebooks_privacy_flap_what_really_went_down_and_whats_next.html.