Writes Amy Peikoff :
What follows is an excerpted and annotated version of the FTC’s “Stipulated Order” representing its “Settlement” with Facebook. It’s dated July 24. I’m giving you the lowlights, as I see them, plus my “translations.”
Some nuggets from Amy’s offhand analysis:
“Defendant agrees that the Department of Justice shall have the same rights as the Commission to engage in compliance monitoring as provided by Part XV of the Decision and Order set forth in Attachment A, as well as the same right as the Associate Director for Enforcement for the Bureau of Consumer Protection at the Commission provided under
Part VIII.B to approve the person(s) selected to conduct the Assessments described in Part VIII of the Decision and Order set forth in Attachment A, subject to any applicable law or regulation.” (page 4)
Translation: Anything the FTC can get or do as a result of this “settlement,” so can the DOJ. This becomes particularly relevant when you see some of the last paragraphs of the order, the ones which inspired the title of this blog post.
“If a User deletes an individual piece of Covered Information but does not delete his or her account, nothing in this paragraph shall be construed to require deletion or de-identification of metadata (e.g., logs of User activity) that may remain associated with the User’s account after the User has deleted such information.” (page 6)
Translation: All your metadata are belong to the DOJ, unless you delete your entire account in time. (And will that really work anyway, or is it already too late?) Deleting individual pieces of data is inadequate to protect your privacy.
Amy also writes that she is applying for non-profit status for an organization to fight this power-grab by the FTC and DOJ:
“Would you like to help me do whatever is possible, using my unique theory of the proper legal protection of privacy, to fight this power-grab by the FTC and DOJ? If so, your donations are most welcome here. Make sure to add “FTC” in the optional comment field, and it will be earmarked appropriately. I’m in the process of applying for non-profit, 501 c(3) status, and so I’ll do everything possible to ensure your donation is tax-deductible, and will keep you posted about the status of the application.”