Facebook faces lawsuit for allegedly scanning private messages

Facebook is charged with scanning private messages to profile users

Facebook has been accused of intercepting private messages of its users to provide data to marketers, according to a class-action lawsuit filed in a federal court in California.

The social networking company scanned plaintiffs' private messages containing URLs (uniform resource locators) and searched the website identified in the URL for "purposes including but not limited to data mining and user profiling," according to the complaint in the U.S. District Court for the Northern District of California.

The company does not engage in the practice to facilitate the transmission of users' communications via Facebook, but to enable it to mine user data and profit by sharing the data with third parties such as advertisers, marketers, and other data aggregators, the complaint said.

Facebook is said to have violated the Electronic Communications Privacy Act and California privacy laws by its intentional interception of electronic communications.

The complaint cites third-party research to back its claim that Facebook is intercepting and scanning the content of private messages. Swiss firm High-Tech Bridge, for example, reported in August it used a dedicated Web server and generated a secret URL for each of the 50 largest social networks, Web services and free email systems it was testing for their respect of user privacy.

HTB then used the private messaging function of each of the services, embedding a unique URL in each message, and monitored its dedicated Web server's logs for all incoming HTTP (Hypertext Transfer Protocol) requests, in order to see whether any of the services would "click" on the test URLs that had been transmitted via private message, the complaint said.

"Facebook was one of the Web Services that was caught scanning URLs despite such activity remaining undisclosed to the user," according to the complaint.

The lawsuit has been brought by Facebook users Matthew Campbell and Michael Hurley on behalf of all Facebook users in the U.S. who have sent or received private Facebook messages that included a URL in the content of the message.

On Nov. 15, 2010, Facebook announced a new, integrated email and messaging service for its users, that combined the functionality of email, chat, SMS, and in- service messaging. Facebook took special pains to tout the privacy features of its new private messaging service, stressing unprecedented user control and privacy, according to the complaint.

In its communications about the service, the social network is said to have made representations that "reflect the promise that only the sender and the recipient or recipients will be privy to the private message's content, to the exclusion of any other party, including Facebook."

The lawsuit asks for class-action status, an injunction against Facebook's practices and damages from the company to class members. It claims the greater of either US$100 a day for each day of alleged violation or $10,000, for each user claimed to be affected, besides damages under California law.

"We believe the allegations are without merit and we will defend ourselves vigorously," Facebook said in an emailed statement.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments

Latest Videos

More Videos

looking for the best quality of SMM Panel ( Social Media Marketing Panel ) is a website where People Buy Social Media Services Such as Fa...

Kavin kyzal

How to manage social media during Covid-19

Read more

Thank you for sharing your knowledge. Definitely bookmarked for future reading! Check this website https://a2designlab.com/ with lots of ...

Pierce Fabreverg

Study: Gen Z are huge opportunity for brands

Read more

Thanks for sharing. You might want to check this website https://lagimcardgame.com/. An up and coming strategic card game wherein the cha...

Pierce Fabreverg

Board games distributor partners with Deliveroo in business strategy pivot

Read more

Such an important campaign, dyslexia certainly need more awareness. Amazing to see the work Code Read is doing. On the same note we are a...

Hugo

New campaign aims to build understanding around scope and impact of dyslexia

Read more

Great Job on this article! It demonstrates how much creativity, strategy and effort actually goes to produce such unique logo and brandin...

Pierce Fabreverg

Does your brand need a personality review? - Brand vision - CMO Australia

Read more

Blog Posts

A few behavioural economics lesson to get your brand on top of the travel list

Understanding the core principles of Behavioural Economics will give players in the travel industry a major competitive advantage when restrictions lift and travellers begin to book again. And there are a few insights in here for the rest of the marketing community, too.

Dan Monheit

Co-founder, Hardhat

Predicting the Future: Marketing science or marketing myth?

Unicorns, the Sunken City of Atlantis, Zeus: They are very famous. So famous in fact, that we often think twice about whether they are real or not. Sometimes if we talk about something widely enough, and for long enough, even the strangest fiction can seem like fact. But ultimately it is still fiction - stories we make up and tell ourselves over and over until we believe.

Kathy Benson

Chief client officer, Ipsos

Winning means losing in the game of customer retention

At a time of uncertainty and economic hardship, customer retention takes on much greater importance. CX Lavender’s Linda O’Grady examines the big grey area between ‘all’ and ‘best’ customers when deciding who is worth fighting for and how.

Linda O'Grady

Data Strategy Partner & Business Partner, CX Lavender

Sign in