As Facebook turns off facial recognition in Europe, is this the start of a change for the company?

Meet the new social network, not quite the same as the old social network.

After a long struggle with the Irish Data Protection Commission, Facebook is set to delete the last tranche of data kept from its facial recognition feature, dubbed Tag Suggestions, and turn it off for all users today. It just the latest retreat in a series of changes which may redefine the company.

The Tag Suggestions feature was first announced in December 2010. By using a mixture of information about facial shape and features, and contextual clues such as other people in the same album or picture, Facebook is able to suggest to users the names of other people in photos they have taken. Similar capabilities appear in other software – Apple's iPhoto, for instance, has an offline version – but Facebook's implementation leverages its vast user base to get more data than any competing company could manage.

However, Facebook implemented the Tag Suggest feature as an automatic opt-in for all users. That, combined with the fact that most photos on Facebook aren't uploaded by their subjects – obviously, since someone is normally behind the camera – meant that it necessarily played fast and loose with privacy concerns.

Just six months after it was announced, the first objections were raised in the US, and in August 2011, a Hamburg court became the first to rule that it must be opt-in to comply with local privacy laws. A month later, the Irish DPC began a wide-ranging privacy audit in response to complaints from a user group, Europe v Facebook, which included in its remit the facial recognition issues.

Since Facebook's European operations are based in Ireland – largely for tax reasons, since the company has a corporation tax rate of just 12.5 per cent for trading income – the decision of the DPC has wide-ranging effects. The first report, in December 2011, gave Facebook six months to comply with a number of requirements. "Shadow profiles" – profiles made of people who haven't joined Facebook from information uploaded by their friends – had to go, while data retention for searches and ad-clicks was limited, to six months and two years respectively.

The DPC also required Facebook to provide a prominent warning to its European users that it uses facial recognition technology that automatically tags them in photographs.

It was this last requirement which Facebook seems to have found too hard to comply with. In September, it closed Tag Suggestions to new users, and this month, it is shutting the feature entirely in Europe, and trashing the already collected data.

It's a bold move to take for a company which has, in other markets, been doubling down on facial recognition technology. In June, Facebook bought Israeli company, for a reported $55m. was the provider of much of the technology used by Facebook, and the company argued that the transaction "simply [brought]… a long-time technology vendor in house."

The company has always known that privacy concerns are one of the largest hurdles it has to to overcome. In its IPO prospectus, filed in February, Facebook highlighted a number of privacy-related risks to its business, from the publicity pitfalls associated with moving faster towards "frictionless sharing" than it's users are comfortable with, to the hurdles that stricter privacy regulation could introduce.

The facial recognition skirmish is an unusually under-the-radar battle for Facebook, however. Most of its highly publicised missteps involve public information being shared without the explicit permission or notification of users. This includes, for example, the ability of friends to "check in" people in Facebook Places without asking, as well as the various concerns over the frictionless sharing of social readers and apps like Spotify.

In fact, the first major privacy battle Facebook had to fight was over this type of issue, though in hindsight it demonstrates nothing so much as how much more comfortable we've become about sharing online. In September 2006, Facebook activated the News Feed, a feature now associated with the company more than anything other than, perhaps, the "like" button. But at the time, the idea of aggregating all this information – publicly available, but never before displayed in one place – was enough to spark user rebellion.

In what has become typical for Facebook, the company bet the business on people getting used to the new rules of the game. And they did, just like they did with the changed default privacy settings, the creation and promulgation of "" email addresses, and the aforementioned Places feature.

But three recent moves by Facebook suggest that the company may be changing its attitude, both voluntarily and as a forced reaction to circumstances.

The first is the deletion of facial recognition data, as well as the other changes mandated by the DPC. Facebook has always dealt quite well with user discontent – if only by successfully ignoring it – but when the law gets involved, it can be forced to backtrack far further than it normally would. It also means that it can be held to account for infractions of privacy which the average user simply won't notice.

Not many of us realised Facebook was even tracking search data, putting together a profile of us which we can't see, and few would have cared even if we did. But the DPC, like other information commissioners worldwide, has the authority and remit to ensure that data is collected with permission, and not retained indefinitely. Facebook knows it will face these problems with greater regularity as other nations step up to their responsibility to protect their users, and that will surely change its attitude.

The second is that Facebook itself has been backtracking from frictionless sharing, which had the potential to be one of the biggest clashes between it and its users. Andy Mitchell, Facebook's Manager of Media Partnerships, said last month that the company was moving away from it because user feedback wasn't good. This isn't just an issue with people being displeased that what they thought was private was in fact public – although that has happened as well.

For Facebook, the bigger issue is that the results of frictionless sharing just aren't particularly interesting. Sure, Facebook would like to know every news story you read, or every song you play, because it helps them build up a formidable picture of you to sell to advertisers. The problem is that social media is only interesting to anyone else if it allows people to present a curated vision of themselves. Nobody cares about the full list of songs you've played, but they may want to hear the one which is your absolute favourite at the moment. If Mitchell is to be believed, Facebook has come around to this way of thinking. The privacy benefits for users should be obvious.

The third change by Facebook is perhaps the most important. It is that the company is demonstrating a growing awareness that advertisement income alone cannot help the company achieve the goals its shareholders have set for it. It's tricky to estimate a price/earnings ratio for Facebook, since it hasn't released any results since it went public, but Business Insider estimate it's around 32. That means that you would need to hold Facebook stock for thirty-two years for it to make profit equivalent to the amount of capital you've provided them – or, more accurately, it means that the majority of Facebook's shareholders expect it to start making more money.

The problem is that Facebook's previous earnings growth has come largely from user growth. But with over a billion users, it starts to get very tricky to get any growth – the size of the planet is a constraining factor. As a result, Facebook needs to get more money per user.

One way to do this is, of course, to make ad space more valuable to advertisers, and that's what all of the company's social profiling is aimed at; but that's unlikely to be enough. For perhaps the best hint of the future, look to Facebook's recent launch of Facebook Gifts. The tagline is "Real moments. Real gifts." But perhaps the phrase "Real money" should be added there, because that's what is really important. Facebook wants you to spend real money buying gifts for friends through them – and then, of course, take a cut of the transaction that follows.

A Facebook which makes money from the services it provides, rather that providing services as a sidebar to its real business of selling your data to advertisers, is a company which has a vastly longer half-life. I hope they know that too.

The facebook hompage in 2005. Photograph: Wikimedia Commons

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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7 problems with the Snooper’s Charter, according to the experts

In short: it was written by people who "do not know how the internet works".

A group of representatives from the UK Internet Service Provider’s Association (ISPA) headed to the Home Office on Tuesday to point out a long list of problems they had with the proposed Investigatory Powers Bill (that’s Snooper’s Charter to you and me). Below are simplified summaries of their main points, taken from the written evidence submitted by Adrian Kennard, of Andrews and Arnold, a small ISP, to the department after the meeting. 

The crucial thing to note is that these people know what they're talking about - the run the providers which would need to completely change their practices to comply with the bill if it passed into law. And their objections aren't based on cost or fiddliness - they're about how unworkable many of the bill's stipulations actually are. 

1. The types of records the government wants collected aren’t that useful

The IP Bill places a lot of emphasis on “Internet Connection Records”; i.e. a list of domains you’ve visited, but not the specific pages visited or messages sent.

But in an age of apps and social media, where we view vast amounts of information through single domains like Twitter or Facebook, this information might not even help investigators much, as connections can last for days, or even months. Kennard gives the example of a missing girl, used as a hypothetical case by the security services to argue for greater powers:

 "If the mobile provider was even able to tell that she had used twitter at all (which is not as easy as it sounds), it would show that the phone had been connected to twitter 24 hours a day, and probably Facebook as well… this emotive example is seriously flawed”

And these connection records are only going to get less relevant over time - an increasing number of websites including Facebook and Google encrypt their website under "https", which would make finding the name of the website visited far more difficult.

2. …but they’re still a massive invasion of privacy

Even though these records may be useless when someone needs to be found or monitored, the retention of Internet Connection Records (ICRs) is still very invasive – and can actually yield more information than call records, which Theresa May has repeatedly claimed are their non-digital equivalent.

Kennard notes: “[These records] can be used to profile [individuals] and identify preferences, political views, sexual orientation, spending habits and much more. It is useful to criminals as it would easily confirm the bank used, and the time people leave the house, and so on”. 

This information might not help find a missing girl, but could build a profile of her which could be used by criminals, or for over-invasive state surveillance. 

3. "Internet Connection Records" aren’t actually a thing

The concept of a list of domain names visited by a user referred to in the bill is actually a new term, derived from the “Call Data Records" collected by hone companies. Compiling them is possible, but won't be an easy or automatic process.

Again, this strongly implies that those writing the bill are using their knowledge of telecommunications surveillance, not internet era-appropriate information. Kennard calls for the term to be removed form the bill. or at least its “vague and nondescript nature” made clear.

4. The surveillance won’t be consistent and could be easy to dodge

In its meeting with the ISPA, the Home Office implied that smaller Internet service providers won't be forced to collect these ICR records, as it's a costly process. But this means those seeking to avoid surveillance could simply move over to a smaller provider. Bit of a loophole there. 

5. Conservative spin is dictating the way we view the bill 

May and the Home Office are keen for us to see the surveillance in the bill as passive: internet service providers must simply log the domains we visit, which will be looked at in the event that we are the subject of an investigation. But as Kennard notes, “I am quite sure the same argument would not work if, for example, the law required a camera in every room in your house”. This is a vast new power the government is asking for – we shouldn’t allow politicians to play it down.

6. The bill would allow our devices to be bugged

Or, in the jargon, used in the draft bill, subjected to “equipment interference”. This could include surveillance of all use of a phone or laptop, or even the ability to turn on its camera or webcam to watch someone. The bill actually calls for “bulk equipment interference” – when surely, as Kennard notes, “this power…should only be targeted at the most serious of criminal suspects" at most.

7. The ability to bug devices would make them less secure

Devices can only be subject to “equipment interference”, or bugging, if they have existing vulnerabilities, which could also be exploited by criminals and hackers. If security services know about these vulnerabilities, they should tell the manufacturer about them. As Kennard writes, allowing equipment interference "encourages the intelligence services to keep vulnerabilities secret” so they don't lose their own access to our devices. Meanwhile, though, they're laying the population open to hacks from cyber criminals. 


So there you have it  – a compelling soup of misused and made up terms, and ethically concerning new powers. 

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.