Facebook wants your data, and magic legalese won't keep it away

You can pray to the gods of law, but they're selling your information regardless.

Facebook has long been a big player in the fight over privacy. Now, its latest proposed changes to its terms of service have been met with dismay from Facebook users and privacy advocacy groups alike.

Released on 21 November, the proposed changes would remove the "Who can send you Facebook messages” mechanism from the site’s privacy options, stop the system that allowed users to vote on changes to policy, and combine Facebook’s user data with that collected by Instagram, a photo-sharing app that the company purchased in April 2012.

In reaction to the proposals, two US campaign groups (the Electronic Privacy Information Center and the Center for Digital Democracy) sent a letter on the 27 November (pdf) addressed to CEO Mark Zuckerberg, condemning the company’s actions. The letter notes that the changes could “raise privacy risks for users”, “may be contrary to the law”, and are likely to “increase the amount of spam that users receive”. Facebook has so far declined to comment on these criticisms.

Of the proposed changes, the amendment that will have the most impact on users is the company’s decision to pool personal information between Instagram and Facebook. Previously such data was “siloed”, meaning that engineers and marketers working at one couldn’t access information from the other, even if it was about the same person. Under the new policy such data would be compiled into a single unified profile, accessible to advertisers on either site.

This change casts the $1bn Facebook paid for Instagram, a price that many thought was too much, in a new light. Facebook will be collecting geolocation data, a valuable metric for marketers, from its new subsidiary. Users of the app who answered "yes" to the question "Can Instagram use your location?" have been tagging each picture they take with their precise coordinates; the changes to the terms of service allow this data to be synced with individuals’ Facebook profile, even if the user turned off geotagging on that site.

This integration would a boon to advertisers, as data about where you live allows them to guess about other aspects your life, like how much money you make and what you are likely to buy. And this exchange of information works both ways - Instagram ads that had previously been targeted to individuals using only rough geographical data can now be further "personalised" using details from Facebook. This new system makes perfect economic sense for the company, even if it does directly contravene a previous commitment Zuckerberg had made to “building and growing Instagram independently”.

It is important to note that Facebook is not alone in this more-the-merrier approach to your personal information. In January 2012 Google also changed its privacy policy so that it could aggregate data that had been "siloed" in separate services, creating unified user profiles with information culled from Gmail, YouTube, and Google+. Facebook is not unusually mercantile in its proposed policy changes; it is merely following the crowd.

The changes have also worried Facebook’s own users, with many reacting by updating their statuses with a bizarre "privacy notice"; three copy-and-pasted paragraphs that supposedly safeguard one’s personal data “under the protection of copyright laws”. Facebook has already posted a statement refuting the meme, and Snopes have also addressed the issue, pointing out that short of leaving the site or “bilaterally [negotiating] a modified policy with Facebook” (please do try), there is no way of altering the terms and policies you have already agreed to. Fortunately for users these agreements never gave away "copyright" protection in the first place.

The cargo-cult legalese of this meme is entertaining in itself (one variation I saw ended with the arcane incantation of “Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent”), but it also shows an ingrained misunderstanding of how privacy policy on the internet functions. The public’s reaction to these sorts of incidents is characterized by a sort of suspicious ignorance (we don’t know what they’re up to, we just don’t trust ‘em), accompanied by the understandable but mistaken belief that as customers, we deserve to be listened to.

Facebook has marketed itself as a benevolent facilitator of community and friendship for so long that its customers forget that it is still a business, intent on turning a profit. The proposed policy changes are a sharp reminder of the truth, with all of them affirming the relentless logic of the bottom line: that is, the creation of rich packages of data (‘people’) that can be sold on to advertisers. And if some people are still coming to terms with this realisation that Facebook is no longer all about helping us to "connect and share with the people in our life", then I can see why the promises of a fix-all copy and paste spell are attractive. Unfortunately, they just don’t work.

Facebook! Photograph: Facebook

James Vincent is a journalist and writer. He is interested in technology's impact on society.

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Will Euroscepticism prove an unbeatable advantage in the Conservative leadership race?

Conservative members who are eager for Brexit are still searching for a heavyweight champion - and they could yet inherit the earth.

Put your money on Liam Fox? The former Defence Secretary has been given a boost by the news that ConservativeHome’s rolling survey of party members preferences for the next Conservative leader. Jeremy Wilson at BusinessInsider and James Millar at the Sunday Post have both tipped Fox for the top job.

Are they right? The expectation among Conservative MPs is that there will be several candidates from the Tory right: Dominic Raab, Priti Patel and potentially Owen Paterson could all be candidates, while Boris Johnson, in the words of one: “rides both horses – is he the candidate of the left, of the right, or both?”

MPs will whittle down the field of candidates to a top two, who will then be voted on by the membership.  (As Graham Brady, chair of the 1922 Committee, notes in his interview with my colleague George Eaton, Conservative MPs could choose to offer a wider field if they so desired, but would be unlikely to surrender more power to party activists.)

The extreme likelihood is that that contest will be between two candidates: George Osborne and not-George Osborne.  “We know that the Chancellor has a bye to the final,” one minister observes, “But once you’re in the final – well, then it’s anyone’s game.”

Could “not-George Osborne” be Liam Fox? Well, the difficulty, as one MP observes, is we don’t really know what the Conservative leadership election is about:

“We don’t even know what the questions are to which the candidates will attempt to present themselves as the answer. Usually, that question would be: who can win us the election? But now that Labour have Corbyn, that question is taken care of.”

So what’s the question that MPs will be asking? We simply don’t know – and it may be that they come to a very different conclusion to their members, just as in 2001, when Ken Clarke won among MPs – before being defeated in a landslide by Conservative activists.

Much depends not only on the outcome of the European referendum, but also on its conduct. If the contest is particularly bruising, it may be that MPs are looking for a candidate who will “heal and settle”, in the words of one. That would disadvantage Fox, who will likely be a combative presence in the European referendum, and could benefit Boris Johnson, who, as one MP put it, “rides both horses” and will be less intimately linked with the referendum and its outcome than Osborne.

But equally, it could be that Euroscepticism proves to be a less powerful card than we currently expect. Ignoring the not inconsiderable organisational hurdles that have to be cleared to beat Theresa May, Boris Johnson, and potentially any or all of the “next generation” of Sajid Javid, Nicky Morgan or Stephen Crabb, we simply don’t know what the reaction of Conservative members to the In-Out referendum will be.

Firstly, there’s a non-trivial possibility that Leave could still win, despite its difficulties at centre-forward. The incentive to “reward” an Outer will be smaller. But if Britain votes to Remain – and if that vote is seen by Conservative members as the result of “dirty tricks” by the Conservative leadership – it could be that many members, far from sticking around for another three to four years to vote in the election, simply decide to leave. The last time that Cameron went against the dearest instincts of many of his party grassroots, the result was victory for the Prime Minister – and an activist base that, as the result of defections to Ukip and cancelled membership fees, is more socially liberal and more sympathetic to Cameron than it was before. Don’t forget that, for all the worry about “entryism” in the Labour leadership, it was “exitism” – of Labour members who supported David Miliband and liked the New Labour years  - that shifted that party towards Jeremy Corbyn.

It could be that if – as Brady predicts in this week’s New Statesman – the final two is an Inner and an Outer, the Eurosceptic candidate finds that the members who might have backed them are simply no longer around.

It comes back to the biggest known unknown in the race to succeed Cameron: Conservative members. For the first time in British political history, a Prime Minister will be chosen, not by MPs with an electoral mandate of their own or by voters at a general election but by an entirelyself-selecting group: party members. And we simply don't know enough about what they feel - yet. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog. He usually writes about politics.