FTC Watch: MySpace Consent Decree and Mobile Disclosures

Myspace Enters Consent Decree For Privacy Policy Violations

Myspace has entered a consent decree with the FTC for violating promises in its privacy policy that it would not share users personally identifiable information, or use such information in a way that was inconsistent with the purpose for which it was submitted, without first giving notice to users and receiving their permission to do so. The privacy policy also promised that the information used to customize ads would not individually identify users to third parties and would not share non-anonymized browsing activity.

Myspace, however, was charged with providing advertisers with the Friend ID of users who were viewing particular pages on the site which gave them access to their personal information publicly available on the profile.  Myspace also is alleged to have falsely represented it complied with the U.S.-EU Safe Harbor Framework.  The consent decree bars Myspace from misrepresenting the extent to which it protects the privacy of users’ personal information or the extent to which it belongs to or complies with any privacy, security or other compliance program, including the U.S.-EU Safe Harbor Framework. Myspace also must establish a comprehensive privacy program designed to protect consumers’ information, and to obtain biennial assessments of its privacy program by independent, third-party auditors for 20 years.

The FTC previously entered into a consent decree with Facebook for a similar practice involving headers and Google faces a potential class action suit stemming from allegations that it shared users’ names with outside companies when it passed along search queries in the referrer headers.

Myspace should be pleased with the result since someone actually believes they will be around in 2032.

FTC Releases Agenda for May Workshop on Update to Dotcom Disclosures

The agenda for the May 30th workshop on updating the DotCom Disclosure Guidelines will focus heavily on social media and mobile platforms.  The four panels include a panel on Social Media disclosures, mobile advertising disclosures, mobile privacy and one panel on universal and cross-platform advertising disclosures.

More Information:  MySpace Consent Decree; FTC, Myspace Settle Privacy Complaint About ‘Leaked’ Names, Online Media Daily;  Workshop Agenda.