After all - the Judge has a fine Wikipedia profile - I wonder if he's on Facebook too?
A federal judge has gutted a lawsuit filed against Facebook for allegedly leaking users' personal information to advertisers on the grounds that they didn't suffer specific injuries and the leak didn't run afoul of wiretap and computer fraud statutes. The lawsuit, filed in federal Court in San Jose, California, last year, …
Personal privacy is an asset which is priceless to me... not valueless.
However, personal privacy is valueless to Facebook.That's why I don't use Facebook.
And I think that's probably where the judge got confused.
But if you're a Facebook user concerned about privacy intrusion, you've already made a fairly profound error of judgment.
In pre-Web2.0 times (i.e., before internet business really took off) the only time you realised a company had borked your personal details was when you were defrauded. In other words, the *damages* were the reason you knew a company had f*cked up.
In these days of computer forensics, and with Penetration experts looking over the shoulder of internet companies and social websites, you tend to find out about the breaches *before* the bad guys can do something with the data they have acquired. But because a third-party was vigilant, the companies which dropped the ball get off scott-free because the aggrieved clients are warned *by a third party* of the breach *before* the damages can occur.
Way to go.
Sigh. What a surprise - the courts side with the big corps again. This sort of case is very hard to bring without a sympathetic judge as it's nearly impossible to state "any real harm". It's easy to specify likely harm but pretty much impossible to give specifics without getting the internal records of the advertisers that Facebook leaked the data to. :(
I said the client gets warned *before* damages occur... I dfid not say that said damages will *not* occur.
If in 3 months' time the client's identity gets used for Fraud, it gets harder for the client to prove that the FB breach (for example) was the cause of the Identity Fraud. And they can't do anything *before* damages occur because "no harm has incurred".
In other words, you get shafted both ways.
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