Feeds

Judge throws out lawsuit lobbed at Facebook for using kids' pics in targeted ads

Court rules children consented when they signed the Ts&Cs

Choosing a cloud hosting partner with confidence

A judge has thrown out a potential class action lawsuit against Facebook over its use of photos of minors in targeted ads, ruling that the users gave their consent when they signed up for the social network.

The suit accused the firm of "commercial misappropriation" of the names and pics of minors who were using the social network by sticking them in targeted advertising. The case was hoping for class action status representing all minors who had used Facebook and had their names stuck in an ad.

But District Judge Richard Seeborg said that the folks trying to sue Facebook had failed to show that its "statement of rights and responsibilities" (SRR) was unenforceable. This statement, which governs the use of the site, was equivalent to written consent to the use of their names and profile photos for anyone who signed up, the judge said.

"Facebook users have, in effect, simply granted Facebook the right to use their names in pictures in certain specified situations, in exchange for whatever benefits they may realise from using the Facebook site," Seeborg wrote in his ruling.

The social network had claimed that it didn't invade its users' privacy but only took information that people had voluntarily shared with their Facebook friends and republished it to those friends as a recommendation, occasionally with an attached advert.

The plaintiffs tried to argue that the statement of rights and responsibilities didn't apply to minors because minors in California can't sign such a contract, but Seeborg said that the default rule that minors could sign contracts in the same way as an adult applied to the statement.

"Plaintiffs have offered no facts or legal theories upon which they would be entitled to a declaration the SRRs are unenforceable," he said. ®

Internet Security Threat Report 2014

More from The Register

next story
Be real, Apple: In-app goodie grab games AREN'T FREE – EU
Cupertino stands down after Euro legal threats
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
You stupid BRICK! PCs running Avast AV can't handle Windows fixes
Fix issued, fingers pointed, forums in flames
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
Bada-Bing! Mozilla flips Firefox to YAHOO! for search
Microsoft system will be the default for browser in US until 2020
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Choosing a cloud hosting partner with confidence
Download Choosing a Cloud Hosting Provider with Confidence to learn more about cloud computing - the new opportunities and new security challenges.