JUST LAUNCHED!

In light of the recent social experiment conducted forcefully on Facebook's users, we are asking the FTC to step in and give us meaningful choice to leave Facebook by requiring Facebook to give us full ownership over our data.

Facebook recently conducted a broad social experiment on 689,003 of its users without their express consent or knowledge. This experiment was designed to manipulate the emotional states of users. Facebook gave themselves permission at least 4 months after the experiment began, changing their data use terms to include the word "research".

Facebook’s updated data use policy now states: “We use information we receive […] For internal operation, including troubleshooting, data analysis, testing, research, and service improvement."

It is unclear what damage was done to users during this experiment, whether they were artificially induced to feel joy or depression.

Background:

Companies use terms and conditions to enforce a broad scope of policies where the user has absolutely no bargaining power, these are also known as contracts of adhesion. However, a contract of adhesion is unfair and illegal if there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them." (Fanning v. Fritz's Pontiac-Cadillac-Buick Inc.)

Currently, Facebook only offers its users a small portion of their data. When terms are changed, which has happened with aggressive frequency, users have no meaningful choice to leave because they don’t want to lose their messages, comments, photos, and connections. This is unconscionable and it is unfair. And in this instance, we didn't have ANY choice to leave before the experimentation began.

What to do about it:

Under the FTC Act, the FTC is “empowered and directed to prevent persons, partnerships, or corporations […] from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.”

As such, we are asking the FTC to recognize Facebook's recent abuse as “unfair and deceptive”. Since the FTC has the authority to issue compliance requirements, we are requesting that the FTC require Facebook to create "Data SIM cards" by making our data portable, similar to the precedent that has been set for cell phone carriers. Just as we are no longer trapped with one carrier, allowing us to take our phone number and contacts to another provider, the same should be true with digital services that store our personal property.

This "Data Sim Card" should be encrypted for our protection, include every field of our personal information, exist in one packet, and should use the password/username previously in place on their service. Any information (comments, emails) that have been directly shared with a user’s account will be considered shared property, and included on the card (like a text message). This would give members of Facebook meaningful choice to leave in light of this recent abuse.

The FTC has protected consumers in past cases where online terms were deemed deceptive, unfair, or were broken. As pointed out in the film “Terms and Conditions May Apply,” the FTC ruled against the online company Toysmart for deceiving their customers, selling their data, and breaking their terms. And in September 2009, the Federal Trade Commission (“FTC”) issued a final consent order in the matter of Sears Holdings Management Corp. (“Sears”) regarding the FTC’s charges that Sears violated Section 5 of the FTC Act related to the terms and conditions associated with their tracking software. Facebook has now broken their terms and abused the emotions of its users.

What if the FTC doesn't act?

Rep. Justin Amash is a Congressman with a history of advocating for digital rights. If the FTC fails to pursue this path, we will ask him to introduce legislation that would take similar measures, requiring the enforcement of user ownership, portability, and meaningful choice.

Summary:

As punishment for this severe misuse of user data, we want the FTC's consumer protections division to enforce data ownership, control, and portability on Facebook, and to ultimately enforce this policy with any major online company who stores personal information about their users and includes, in their terms and conditions, that they can change the terms at any time.

About the Organizer:

I directed the documentary Terms and Conditions May Apply, and I'm sick of seeing companies abuse us through legally binding contracts that can be changed at any time. If you want to learn more about the long history of abuses by Facebook, Google, and other companies, I suggest you watch the film. The film is available on Netflix streaming (we make no money), Pivot cable station (we make no money), or if you want to chip in for our work, you can pay for the film on Vimeo or iTunes.