In Defense of Facebook, Caveat Emptor

The Globe and Mail reported yesterday that a group of University of Ottawa law students has launched a lawsuit against Facebook, complaining that the site breaches Canadian PIPEDA law by disclosing personal information to advertisers, without obtaining proper consent, for the use of targeted advertising.

One of the key complaints in the case is that users are not made aware that, by default, personal information is shared with the networks they choose to join. That information, they feel, is being inappropriately used by advertisers to gear their messages to target audiences. Subsequently, the students also claim that Facebook is not forthright in advising users about its foray into targeted advertising.

There are so many issues here to be discussed and bantered about by those of us in the industry. Do users honestly believe they can get something for nothing these days? Of course there will be advertising. Just as with any club you join, magazine you read, TV show you watch, radio show you listen to, web site you visit, and mail you receive, there will be advertising. And, it’s all targeted. Is it *as* targeted as new technology permits us on line? No. But it’s targeted nonetheless. The issue does not lie with advertising itself, rather the way in which advertisers are obtaining information to deliver the message to the people who want it the most.

In defense of Facebook and marketers, at what point do we revisit the law that protects us? Caveat emptor. Let the buyer beware. I’m sure the courts who review these cases take this into consideration. I do think it’s important for us, as industry leaders, to stand firmly on this ground as we move forward into new, groundbreaking, territory.

We have been beaten over the head with privacy laws and, for the most part, are respectful and mindful of them in an era of increased corporate transparency and responsibility. We have all become incredibly sensitive to breaching these laws and as conscientious businesses tread softly on this new ground.

However, whether the user shops online or subscribes to a social network, they must take responsibility for ensuring that they fully understand the implications of their behaviour. In an age where we have all become more intelligent as consumers of product and information, it behooves the user to be more careful than ever where sharing personal information is concerned.

So what of the 14-year old who may not be so savvy? Where are his or her parents? Parents now have a greater responsibility to monitor their children’s behaviour on line. Their children are not just reading online magazines and playing games, they are participating in the conversations. Parents must now investigate, understand and explain the ins and outs of social networking to their children, and in fact determine if it is appropriate for their children to participate.

In breaking new ground we, as the diggers of that ground, will stumble upon many things: rocks, worms, and treasures alike. We must pick and choose which to keep, which to analyze, and which to cast aside. While this is certainly an issue that falls into the “analyze” category, we must also bear in mind that the user has an implied responsibility to be aware of their actions in the on line world just as in the real world.