The Electronic Frontier Foundation's Activism Director Rainey Reitman has an in-depth analysis of how Facebook continues to track its users even after they've taken several affirmative steps to log out of the service, and how this may interact with eventual privacy legislation.
This newest privacy snafu could prod legislators into moving on one of the many online privacy bills that have been introduced this year. Users’ unease with the quickly-evolving technical capabilities of companies to track users, combined with the abstruse ways in which that data can be collected (from social widgets to super cookies to fingerprinting), has resulted in a growing user demand to have Congress provide legal safeguards for individual privacy when using the Internet.
Unsurprisingly, Facebook hopes that its brand of data collection through ‘like’ buttons won’t be subject to federal regulation. According to AdAge, Facebook sent an “army of lawyers” to Washington to convince Senators McCain and Kerry to carve out exceptions to their recently introduced privacy bill so that Facebook could track their users via social widgets on other sites (dubbed the "Facebook loophole"). But while Kerry and McCain may have acquiesced to Facebook's requests, Senator Rockefeller did not. He introduced legislation that would empower the FTC to create rules around how best to protect users online from pervasive online tracking by third parties.
Facebook seems keen to influence future legislation on these issues. They recently filed paperwork to form a political action committee that will be "supporting candidates who share our goals of promoting the value of innovation to our economy while giving people the power to share and make the world more open and connected."