Mark Lanier’s Latest Target: Facebook

[WSJ_law_blog]

We can’t speak to the validity of plaintiffs’ lawyer Mark Lanier’s latest lawsuit, one filed in Orange County, Calif., against Facebook. But we can say this: Lanier and colleague Dana Taschner have managed to squeeze an interesting assemblage of people into the suit. A photographer, two unnamed minors, a model and actress, and a college student. Sounds like an episode of Heroes.

But all five have one main gripe: Facebook violated their rights, in some fashion. The photographer and actress claim their professional photos were uploaded from Facebook without thier consent; the minors claim their pages were accessed without their knowledge; and the college student claims Facebook altered the terms of service without her consent.

Reads the complaint:

Based upon the obligations imposed upon Defendants and their experience in the industry, Defendants either knew, recklessly disregarded, reasonably should have known or were obligated under the law to understand that their systemic personal and private data collection, harvesting, manipulation, distribution, and commercialization activities violated state consumer protection, privacy, and right of publicity laws.

Such conduct is of a continuing nature and requires prompt relief in order to prevent further undisclosed or unauthorized harvesting, warehousing, dissemination, and commercialization of private and personal data. The urgency of such relief is underscored by the fact that once data is distributed to third parties and across computer networks outside of Facebook’s control, such data becomes impossible to retrieve or purge.

Click here for the WSJ story, from Jessica Vascellaro.

In a statement, Facebook spokesman Barry Schnitt said the company sees “no merit to this suit and we plan to fight it.”

But as Vascellaro writes, it’s not the first time in recent months that Facebook has come under attack on privacy grounds. Earlier this year, a change to the company’s terms of service triggered a wave of concerns that Facebook was claiming ownership of its users’ data. Facebook later clarified that it does not claim ownership over users’ data and submitted future changes to its terms of service to review by its users.

Canadian privacy authorities are pressuring Facebook to enhance its privacy policy through measures such as making it easier for users to permanently delete their account. Schnitt also said in a statement that Facebook is in the process of responding to their concerns, which the Canadian privacy commissioner publicized earlier this summer.