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Well sure, I don't have a contract with Dr. Kogan, so what can I sue him for? There is no breach of any contract between us. I do have a contract with Facebook,

Well sure, I don't have a contract with Dr. Kogan, so what can I sue him for? There is no breach of any contract between us. I do have a contract with Facebook, so they are pretty much the only people I can sue. They can turn around and sue Dr. Kogan because they did have a contract with him, but I can't sue him directly for breaching a contract I'm not a part of.

thaumasiotes 6y ago
> I do have a contract with Facebook, so they are pretty much the only people I can sue. Can you sue them for this, though? Your contract would need to say "if I personally turn my data over to a third party, that third party will not misuse it". And in the unlikely event that it did say that, misuse of your data by the third party still wouldn't violate the contract, because... the third party is not party to the contract.
- tsimionescu 6y ago
  Facebook offered an API for sharing your data with a 3rd party vetted by Facebook. Even if you don't buy that argument, at the very least the people who were FB friends of people who sent shared their lists with Kogan should still be able to sue FB, as they had absolutely no relation with Kogan or his app and still some of their data ended up sold.
  - thaumasiotes 6y ago
    If there's information that I have, and I turn it over Cambridge Analytica, where's the justification for you to sue Facebook over that?
Hydraulix989 6y ago
I believe by using Dr. Kogan's app and explicitly giving Dr. Kogan permission to use your data (by accepting the FB interstitial UI that confirms with you as a user whether you would like to give a third-party access to your FB data via the FB API), you are entering in some kind of contract with him, no? FB doesn't just hand users' data over without user confirmation... Users see UI permission dialogs and have to explicitly agree to it first (similar to an iPhone app asking for permission to use your microphone or location -- how is Apple responsible if said app gets hacked and leaks your microphone recordings?).

thaumasiotes 6y ago

> I do have a contract with Facebook, so they are pretty much the only people I can sue. Can you sue them for this, though? Your contract would need to say "if I personally turn my data over to a third party, that third party will not misuse it". And in the unlikely event that it did say that, misuse of your data by the third party still wouldn't violate the contract, because... the third party is not party to the contract.

tsimionescu 6y ago
Facebook offered an API for sharing your data with a 3rd party vetted by Facebook. Even if you don't buy that argument, at the very least the people who were FB friends of people who sent shared their lists with Kogan should still be able to sue FB, as they had absolutely no relation with Kogan or his app and still some of their data ended up sold.
- thaumasiotes 6y ago
  If there's information that I have, and I turn it over Cambridge Analytica, where's the justification for you to sue Facebook over that?

Hydraulix989 6y ago

I believe by using Dr. Kogan's app and explicitly giving Dr. Kogan permission to use your data (by accepting the FB interstitial UI that confirms with you as a user whether you would like to give a third-party access to your FB data via the FB API), you are entering in some kind of contract with him, no? FB doesn't just hand users' data over without user confirmation... Users see UI permission dialogs and have to explicitly agree to it first (similar to an iPhone app asking for permission to use your microphone or location -- how is Apple responsible if said app gets hacked and leaks your microphone recordings?).