Feeds

Facebook absolved for exposing user info to advertisers

No harm, no foul, etc.

High performance access to file storage

A federal judge has gutted a lawsuit filed against Facebook for allegedly leaking users' personal information to advertisers on the grounds that they didn't suffer specific injuries and the leak didn't run afoul of wiretap and computer fraud statutes.

The lawsuit, filed in federal Court in San Jose, California, last year, alleges that the social network violated its own privacy policy by including users' ID numbers in referrer headers that were created each time they clicked on an ads. Two California men alleged that the disclosure, which spanned a three-month period earlier that year, shared their personally identifiable information with advertisers. They sued for violations of the Electronic Communications Privacy Act, federal wiretap statutes, breach of contract, and other laws.

On Thursday, US District Judge James Ware threw out all eight of the claims brought in an amended complaint, although he gave the men leave to revive parts of the case if they could bring more specific allegations. The thrust of Ware's dismissal was that the Facebook users didn't document any real harm resulting from the alleged leak.

“Here, in regard to damages, plaintiffs allege only that as a result of the alleged breach of contract, plaintiffs 'suffered injury,'” Ware wrote. “However, plaintiffs fail to allege any actual damages in their complaint. Thus, under California law plaintiffs fail to state a claim for breach of contract.”

Ware used similar reasoning to throw out a claim brought under California's unfair competition law.

The judge went on to strike down claims brought under the Stored Communications Act and statutes prohibiting unauthorized wiretaps on the grounds that information leaked in referrer headers didn't meet the requirements spelled out in those laws.

The ruling is only the latest time a lawsuit brought for alleged privacy breaches has been dismissed because the plaintiffs didn't allege a specific injury. In late 2009, a federal judge threw out claims brought against Express Scripts for a lapse that exposed customers' names, dates of birth, social security numbers, and prescription drug histories. Last year, the Ninth US Circuit Court of Appeals absolved clothing retailer The Gap for exposing sensitive information for 800,000 customers when laptops with unencrypted contents were stolen.

In the lawsuit filed against Facebook, Ware gave the plaintiffs, David Gould and Mike Robertson, until June 13 to file an amended complaint. An attorney for the plaintiffs didn't return a call inquiring whether they planned to do so.

The ruling comes a few days after researchers from Symantect said Facebook exposed millions of user credentials because of a years-old bug that overrides individual privacy settings.

A PDF of Ware's ruling is here, and legal analysis from Venkat Balasubramani of the Technology & Marketing Law Blog is here. ®

High performance access to file storage

More from The Register

next story
Parent gabfest Mumsnet hit by SSL bug: My heart bleeds, grins hacker
Natter-board tells middle-class Britain to purée its passwords
Obama allows NSA to exploit 0-days: report
If the spooks say they need it, they get it
Web data BLEEDOUT: Users to feel the pain as Heartbleed bug revealed
Vendors and ISPs have work to do updating firmware - if it's possible to fix this
Samsung Galaxy S5 fingerprint scanner hacked in just 4 DAYS
Sammy's newbie cooked slower than iPhone, also costs more to build
Snowden-inspired crypto-email service Lavaboom launches
German service pays tribute to Lavabit
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Call of Duty 'fragged using OpenSSL's Heartbleed exploit'
So it begins ... or maybe not, says one analyst
NSA denies it knew about and USED Heartbleed encryption flaw for TWO YEARS
Agency forgets it exists to protect communications, not just spy on them
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.