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.

Photo: Getty
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How the row over Jackie Walker triggered a full-blown war in Momentum

Jon Lansman, the organisation's founder, is coming under attack. 

The battle for control within Momentum, which has been brewing for some time, has begun in earnest.

In a sign of the growing unrest within the organisation – established as the continuation of Jeremy Corbyn’s first successful leadership bid, and instrumental in delivering in his re-election -  a critical pamphlet by the Alliance for Workers’ Liberty (AWL), a Trotskyite grouping, has made its way into the pages of the Times, with the “unelected” chiefs of Momentum slated for turning the organisation into a “bland blur”.

The issue of contention: between those who see Momentum as an organisation to engage new members of the Labour party, who have been motivated by Jeremy Corbyn but are not yet Corbynites.

One trade unionist from that tendency described what they see the problem as like this: “you have people who have joined to vote for Jeremy, they’re going to meetings, but they’re voting for the Progress candidates in selections, they’re voting for Eddie Izzard [who stood as an independent but Corbynsceptic candidate] in the NEC”.  

On the other are those who see a fightback by Labour’s right and centre as inevitable, and who are trying to actively create a party within a party for what they see as an inevitable purge. One activist of that opinion wryly described Momentum as “Noah’s Ark”.

For both sides, Momentum, now financially stable thanks to its membership, which now stands at over 20,000, is a great prize. And in the firing line for those who want to turn Momentum into a parallel line is Jon Lansman, the organisation’s founder.

Lansman, who came into politics as an aide to Tony Benn, is a figure of suspicion on parts of the broad left due to his decades-long commitment to the Labour party. His major opposition within Momentum and on its ruling executive comes from the AWL.

The removal of Jackie Walker as a vice-chair of Momentum after she said that Holocaust Memorial Day belittled victims of other genocides has boosted the AWL, although the AWL's Jill Mountford, who sits on Momentum's ruling executive, voted to remove Walker as vice-chair. (Walker remains on the NEC, as she has been elected by members). But despite that, the AWL, who have been critical of the process whereby Walker lost her post, have felt the benefit across the country.

Why? Because that battle has triggered a series of serious splits, not only in Momentum’s executive but its grassroots. A raft of local groups have thrown out the local leadership, mostly veterans of Corbyn’s campaign for the leadership, for what the friend of one defeated representative described as “people who believe the Canary [a pro-Corbyn politics website that is regularly accused of indulging and promoting conspiracy theories]”.

In a further series of reverses for the Lansmanite caucus, the North West, a Momentum stronghold since the organisation was founded just under a year ago, is slipping away from old allies of Lansman and towards the “new” left. As one insider put it, the transition is from longstanding members towards people who had been kicked out in the late 1980s and early 1990s by Neil Kinnock. The constituency party of Wallasey in particular is giving senior figures in Momentum headaches just as it is their opponents on the right of the party, with one lamenting that they have “lost control” of the group.

It now means that planned changes to Momentum’s structure, which the leadership had hoped to be rubberstamped by members, now face a fraught path to passage.

Adding to the organisation’s difficulties is the expected capture of James Schneider by the leader’s office. Schneider, who appears widely on television and radio as the public face of Momentum and is well-liked by journalists, has an offer on the table to join Jeremy Corbyn’s team at Westminster as a junior to Seumas Milne.

The move, while a coup for Corbyn, is one that Momentum – and some of Corbyn’s allies in the trade union movement – are keen to resist. Taking a job in the leader’s office would reduce still further the numbers of TV-friendly loyalists who can go on the airwaves and defend the leadership. There is frustration among the leader’s office that as well as Diane Abbott and John McDonnell, who are both considered to be both polished media performers and loyalists, TV bookers turn to Ken Livingstone, who is retired and unreliable, and Paul Mason, about whom opinions are divided within Momentum. Some regard Mason as a box office performer who needs a bigger role, others as a liability.

But all are agreed that Schneider’s expected departure will weaken the media presence of Corbyn loyalists and also damage Momentum. Schneider has spent much of his time not wrangling journalists but mediating in local branches and is regarded as instrumental in the places “where Momentum is working well” in the words of one trade unionist. (Cornwall is regarded as a particular example of what the organisation should be aiming towards)

It comes at a time when Momentum’s leadership is keen to focus both on its external campaigns but the struggle for control in the Labour party. Although Corbyn has never been stronger within the party, no Corbynite candidate has yet prevailed in a by-election, with the lack of available candidates at a council level regarded as part of the problem. Councilors face mandatory reselection as a matter of course, and the hope is that a bumper crop of pro-Corbyn local politicians will go on to form the bulk of the talent pool for vacant seats in future by-elections and in marginal seats at the general election.

But at present, a draining internal battle is sapping Momentum of much of its vitality. But Lansman retains two trump cards. The first is that as well as being the founder of the organisation, he is its de facto owner: the data from Jeremy Corbyn’s leadership campaigns, without which much of the organisation could not properly run, is owned by a limited company of which he is sole director. But “rolling it up and starting again” is very much the nuclear option, that would further delay the left’s hopes of consolidating its power base in the party.

The second trump card, however, is the tribalism of many of the key players at a local level, who will resist infiltration by groups to Labour’s left just as fiercely as many on the right. As one veteran of both Corbyn’s campaigns reflected: “If those who have spent 20 years attacking our party think they have waiting allies in the left of Labour, they are woefully mistaken”. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.