By: Jasmine McKinney, Associate Manuscripts Editor \u00a0\u00a0<\/p>\n
By now, most of us probably know that Facebook is no stranger to lawsuits.\u00a0 Just a mere two years ago, Facebook was involved in a class-action lawsuit where the social networking giant was found to have used members\u2019 images without their permission in advertisements commonly called \u201csponsored stories\u201d.[1]<\/a>\u00a0 Facebook users involved in the suit reported that Facebook had used their personal images shared on the website for various commercial activities.[2]<\/a>\u00a0 Though at the time users had no choice to opt out of being featured in sponsored stories, they could configure their privacy settings to share information with only certain people.[3]<\/a>\u00a0 The suit that was settled in 2012 cost Facebook a whopping $10 million.[4]<\/a><\/p>\n <\/p>\n Fast-forward to today and throngs of people are still up in arms over Facebook\u2019s lackadaisical privacy policies.\u00a0 The settlement has yet to take effect due to the large number of appeals making their way through court.\u00a0 However, under the settlement, Facebook agreed to change its privacy policies so that Facebook users between the ages of thirteen and eighteen could indication whether their parents were also Facebook users and give the parents control over the use of their children\u2019s \u2018likes\u2019 and comments for advertising purposes.[5]<\/a>\u00a0 For children whose parents were not Facebook users, the site promised to opt their children out of social advertising until age eighteen.[6]<\/a>\u00a0 Still many are unsatisfied.<\/p>\n <\/p>\n Now, a group of parents as well as child advocacy and privacy groups are asking a federal appeals court to throw out the 2012 settlement with Facebook over the website\u2019s use of children\u2019s images in these advertisements or sponsored stories.[7]<\/a>\u00a0 The plaintiffs and other public interest groups claim that despite the 2012 action, Facebook still uses children\u2019s images without the proper authorization.[8]<\/a>\u00a0 Though parents have the ability to ask Facebook, to remove an image used in advertisements on the site, many still believe Facebook should ask for permission first.[9]<\/a>\u00a0 Plaintiffs in the case claim that Facebook\u2019s practices continue to violate laws prohibiting the use of a minor\u2019s image without parental permission in several states, including: California, Florida, New York, Oklahoma, Tennessee, Virginia, and Wisconsin.[10]<\/a><\/p>\n <\/p>\n Scott Michelman, a lawyer for the nonprofit group Public Citizen argues that Facebook is currently exercising a backwards approach to privacy concerning it\u2019s younger users.\u00a0 \u201cThe default should be that a minor\u2019s image should not be used for advertising unless the parent opts in.\u00a0 Putting the burden on the parent to opt the child out gets it exactly backward.\u201d[11]<\/a>\u00a0 Another group known as the Campaign for Commercial-Free Childhood has also concluded that the previous settlement offers little protection to children and has taken the same stance as Public Citizen on the issue.[12]<\/a><\/p>\n <\/p>\n Over the years, Facebook has continued to emphasize that its takes the privacy of its users seriously, but many may question how this can be true given the company\u2019s history of frequently making changes to its privacy policy (some of which have not always been the best in terms of privacy).[13]<\/a>\u00a0 The safety of minors online is undoubtedly an important issue and the result of this new suit is bound to show Facebook\u2019s true stance on protecting the privacy of its younger users.<\/p>\n [1]<\/a> Cecilia Kang, Parents Resume Privacy Fight vs. Facebook Over Use of Children\u2019s Images in Ads<\/i>, Washington Post (Feb. 13, 2014) <\/i>http:\/\/www.washingtonpost.com\/business\/technology\/parents-resume-privacy-fight-vs-facebook-over-use-of-childrens-images-in-ads\/2014\/02\/12\/5ceb9f82-9430-11e3-b46a-5a3d0d2130da_story.html<\/p>\n<\/div>\n [2]<\/a> Hayley Tsukayama, Facebook Settles Sponsored Stories Suit for $10 Million<\/i>, Washington Post (June 18, 2012) <\/i>http:\/\/www.washingtonpost.com\/business\/technology\/facebook-settles-sponsored-stories-suit-for-10-million\/2012\/06\/18\/gJQATcmklV_story.html<\/p>\n<\/div>\n [3]<\/a> Id.<\/i><\/p>\n<\/div>\n [4]<\/a> Id.<\/i><\/p>\n<\/div>\n
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