While Facebook and Mark Zuckerberg has promised a revolution in advertising there has some been some backlash and more importantly the social ads may be illegal.
According to the NY Times Facebook's ads may be illegal under a 100-year-old New York privacy law. The statute says that “any person whose name, portrait, picture, or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained” can sue for damages. Moreover, such a use is also a criminal misdemeanor.
According to William McGeveran, a professor at the University of Minnesota Law School who wrote about these laws in a blog post today, the law would apply to Facebook users anywhere if the ad were displayed in New York.
While the lawyers will no doubt find a way to resolve the legal issues, the bigger picture revolves around a backlash from the internet community. If any form of backlash picks up momentum Facebook may find its new ad platform a thorn in its side.
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