So, to answer your question more directly, facebook doesn't "get a pass". Facebook simply doesn't get used.
So, to answer your question more directly, facebook doesn't "get a pass". Facebook simply doesn't get used.
Similar to the problem with Google having access to a large percentage of emails, Facebook will have pictures of me regardless of whether I choose to personally have a Facebook account or not. Assuming that I do have a Facebook, with a network of friends, they can also tag me in their pictures (and therefore available to Facebook) even if my own privacy settings are turned all the way up.
Facebook has your pictures when your friends that are on Facebook post pictures of you.
And even if you are not on Facebook,i'm pretty sure facebook has a "shadow account" system to track people even if they dont signup.
The "People You May Know" screen on that Facebook account has plenty of people I do in fact know.
I imagine through people uploading their address books and then Facebook mining shared connections, they inferred a bunch of my network without me doing anything at all.
To most people, it's black magic. In fact, they don't even know that such tracking is possible.