In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
157
THIRD AMENDED COMPLAINT (Public Version) against All Defendants. Filed by Brian K. Lentz, Perrin Aikens Davis, Matthew J. Vickery, Cynthia D. Quinn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U (redacted), #22 Exhibit V (redacted), #23 Exhibit W (redacted), #24 Exhibit X (redacted), #25 Exhibit Y (redacted), #26 Exhibit Z (redacted), #27 Exhibit AA (redacted), #28 Exhibit BB (redacted), #29 Exhibit CC (redacted), #30 Exhibit DD (redacted), #31 Exhibit EE, #32 Exhibit FF (redacted), #33 Exhibit GG (redacted), #34 Exhibit HH (redacted), #35 Exhibit II (redacted), #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL (redacted), #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP)(Straite, David) (Filed on 8/25/2017) Modified on 8/25/2017 (cv, COURT STAFF).
Exhibit JJ
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September 28, 2011
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The Honorable Jon Leibowitz
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Federal Trade Commission
600 Pennsylvania Avenue, NW
Was~gton, DC 20001
Dear Chairman Leibowitz:
According to findings recently published by an Australian technology blogger, Facebook had
been gathering information about the websites its users visited even after users Jogged out of
Facebook. While Facebook now claims that it has stopped this practice, we remain concerned
about the privacy implications for Facebook's 800 million subscribers.
As you know, websites, including Facebook, routinely install small files called "cookies" on
users, computers to relieve users from enduring extra authentication steps every time they visit
the website. Cookies also allow websites to track their users, activities while online. However,
in this instance, Facebook has admitted to collecting infonnation about its users even after its
users had logged out of Facebook. Facebook was able to obtain this information when users
visited websites that connect with Facebook, including websites with "Like" buttons. There are
an estimated 905,000 sites that contain the "Like" button.
As co-Chairs of the Congressional Bi-Partisan Privacy Caucus, we believe that tracking user
behavior without their consent or knowledge raises serious privacy concerns. When users log out
of Facebook, they are Wlder the expectation that Facebook is no longer monitoring their
activities. We believe this impression should be the reality. Facebook users should not be
tracked without their pennission.
We also are concerned about how quickly Facebook plans to correct this problem. According to
the Wall Street Journal ("Facebook Defends Getting Data From Logged-Out Users", September
26, 2011), Arturo Bejar, Facebook Director of Engineering, is quoted as saying that fully
correcting this problem "will take a while." Facebook should consider this problem a top
priority and should allocate the resources necessary to safeguard consumers in an expedited
fashion.
·
In an effort to protect conswners, we would like to know about any actions the Federal Trade
Commission (FTC) has taken or plans to take to investigate this practice by Facebook. We
believe that an investigation ofFacebook tracking its users even after they log out falls within the
FTC's mandate as stipulated in Section 5 of the Federal Trade Commission Act with respect to
protecting Americans .from "unfair and deceptive acts or practices."
Thank you for your attention to this important matter. If you have any questions, please have a
member of your staff contact Joseph Wender in Congressman Markey's office (202-225-2836)
or Emmanual Guillory in Congressman Barton's office (202-225-2002).
Sincerely,
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