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One 2011 article noted that "even when the government lacks reasonable suspicion of criminal activity and the user opts for the strictest privacy controls, Facebook users still cannot expect federal law to stop their 'private' content and communications from being used against them".

Indeed, Facebook's privacy policy states that "We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Statement of Rights and Responsibilities. Congress has failed to meaningfully amend the ECPA to protect most communications on social-networking sites such as Facebook, and since the U. Supreme Court has largely refused to recognize a Fourth Amendment privacy right to information shared with a third party, there is no federal statutory or constitutional right that prevents the government from issuing requests that amount to fishing expeditions and there is no Facebook privacy policy that forbids the company from handing over private user information that suggests any illegal activity. Facebook now reports the number of requests it receives for user information from governments around the world.

In 2010, the Electronic Frontier Foundation identified two personal information aggregation techniques called "connections" and "instant personalization".

Facebook treats such relationships as public information, and the user's identity may be displayed on the Facebook page of the product or service.Among the new privacy settings is the ability to control who sees each new status update a user posts: Everyone, Friends of Friends, or Friends Only.Users can now hide each status update from specific people as well.As soon as you visit the sites in the pilot program (Yelp, Pandora, and Microsoft Docs) the sites can access your name, your picture, your gender, your current location, your list of friends, all the Pages you have Liked—everything Facebook classifies as public information.Even if you opt out of Instant Personalization, there's still data leakage if your friends use Instant Personalization websites—their activities can give away information about you, unless you block those applications individually." On December 27, 2012, CBS News reported that Randi Zuckerberg, sister of Facebook founder Mark Zuckerberg, criticized a friend for being "way uncool" in sharing a private Facebook photo of her on Twitter, only to be told that the image had appeared on a friend-of-a-friend's Facebook news feed.Instant Personalization was a pilot program which shared Facebook account information with affiliated sites, such as sharing a user's list of "liked" bands with a music website, so that when the user visits the site, their preferred music plays automatically.

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