Facebook's Mark Zuckerberg
(Photo : Photo bye JD Lasica on Flickr)

What the social media giant said was only their response to an inquiry from Sen. Chris Coons and Sen. Josh Hawley, who asked Facebook last month to respect the decisions of their users to keep their whereabouts or locations private.

In its letter dated Dec.12 and released early this week, Facebook explained how it could estimate the locations of its users to target ads even if they have opted for the rejection of the location tracking via the operating system installed on the smartphone. Facebook admitted, too, that it is targeting ads as well, based on the restricted location information it gets when the users turn off or limit their locations tracker. In connection to this, Facebook does not allow its users to turn off location-based ads, though, it will enable the users to block the social media network from getting their exact location. This was part of the letter's content sent this week.

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Locations Trackable Even if the Service is Turned Off

According to Facebook, even when the location tracking service is turned off, it can still determine the general locations of the users from context clues such as locations they tag in pictures and the IP addresses on their devices. Although this information is not as exact as Facebook would gather with the location tracking service enabled, the firm said it utilizes the data for various purposes, which include alerting users every time their account is being accessed in an unusual location and holding down on the dissemination of false information.

As a necessity, virtually, every ad on Facebook is targeted depending on the location, although most common ads are targeted to users with a broader region or specific city. Otherwise, as Facebook indicated in its letter, "People in Washington D.C. would receive ads for services or Events in London," and the other way around. Sen. Hawley, a frequent tech critic, tweeted Facebook's letter, saying, the world's leading social media company "admits it."

The senator added that even if the location services are turned off, the users' location can still be tracked, so there is no way out and no control for the users over their own personal information. This, according to Sen. Hawley, is also the reason the Congress already needs to take action.

A Different Approach for Web Tracker

Facebook has a different approach in terms of tracking. Its web tracker, Pixel, coming from its physical appearance on the website responsible for its installation, is literally one-square Pixel. Behind that, Pixel is a specific code that installs the cookies on your browser that lets you track your activity within the Internet. Facebook can link your browser, including its activity to your FB account, giving it valuable information about you as an individual and any categories it has taken you like your location, interests, gender, and age.

As far as the issue is concerned, Wall Street Journal reported, as indicated in an article posted on The Verge, Facebook will assert that it does not sell the information being collected by its web trackers. It merely offers a service to websites and businesses that install Pixel on their websites. Because of this, Facebook believes its web trackers are excused from the regulations of the California Consumer Privacy Act's (CCPA) regulations. The said regulations have exceptions "for data exchanged with a 'service provider' that is essential to fulfill a business purpose."

However, Legal experts disagreed with this interpretation of Facebook. Roger Allan Ford, the law professor, said, CCPA allows transfers of data to service providers so that they can provide services. He added, "those transfers don't count as selling user data." However, Ford continued, Facebook seems to use data, as well, for its own purposes," apart from offering ad services and that they cannot depend on the service provider exemption for those particular uses. 

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