Previous slaps have not cost them anything. Will this? I don't think so. However at some point, some day, they will cross over the line and when they do, they will start losing customers quickly." Today, though, is not likely to be that day, he added. Privacy is dead, Kagan said, and it's largely because users don't read the multi-page and often confusing terms of use agreements before signing up to any site or service. "Users leave themselves open to this kind of abuse," he said. "That's the problem. The marketplace complains, but doesn't go away. So with no real price to pay, Face book keeps misbehaving. Who's fault is it? Theirs for doing it and ours for letting them get away with it.