CHAPTER 8: COMPARISONS – PRIVATE SECTOR ACTIVITY
Visits to websites with social plug-ins
8.100.
The use of plug-ins (8.81 above) automatically sends information to companies such
as Facebook, Google and Twitter.53 Research published in March 2015 claimed
that:54
(a)
Facebook sets a cookie on certain non-Facebook pages enabling tracking by
social plug-ins even if a user never visits a Facebook page. Information
transmitted as a result of cookies can include an IP address, according to
Facebook’s Data Policy.55
(b)
When a logged-in Facebook user visits a site with a Facebook social plug
Facebook receives the url of the web page being visited.
(c)
When a user logs out of Facebook, Facebook keeps uniquely identifying
cookies in the browser which are used to track these users across the web
using social plug-ins.
(d)
When a Facebook user deactivates an account, Facebook does not remove
certain cookies which are used to track these deactivated users across the web
using social plug-ins.
Public use of commercial data
8.101. The information given to private sector companies is relevant not only as a
comparator, but as a direct contributor – or potential contributor – to law enforcement.
As the Director of Europol has claimed:
“We know much less than the private sector. All recent cyber crime operations
you’ve heard about on the news were launched on the basis of information
provided by the private sector.”56
8.102. Two examples are as follows:
53
54
55
56
57
(a)
It was reported in 2005 that the FBI was purchasing data from a data broker to
help keep track of suspected terrorists. This led to concerns that limitations
placed on government to carry out surveillance were being avoided by the use
of private companies.57
(b)
It is claimed that the Snowden Documents show that the NSA used Google’s
Doubleclick service to identify Tor users. GCHQ and the NSA were said to use
Pressing the button is not needed: visiting the web page is sufficient in all three cases.
G. Acar, B. Van Alsenoy, F. Piessons, C. Diaz, B. Preneel, “Facebook Tracking through Social Plugins”, March 2015, https://securehomes.esat.kuleuven.be/~gacar/fb_tracking/fb_plugins.pdf.
Facebook states that this report and/or earlier drafts contain factual inaccuracies: “Facebook hits back
at data usage privacy criticisms���, BBC News, 1 April 2015.
See https://www.facebook.com/help/cookies/.
R. Wainwright, “Cybercrime and the challenges for law enforcement”, speech to LIBE Committee,
European Parliament, 11 November 2014.
“FBI, Pentagon pay for access to trove of public records”, Government Executive website, 11
November 2005.
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