An interesting variation on the “membership drive” and one that’s gotten Tagged in hot water with New York Attorney General Andrew M. Cuomo, who intends to sue the company “for deceptive e-mail marketing practices and invasion of privacy.”

“This company stole the address books and identities of millions of people,” Cuomo said in a statement. “Consumers had their privacy invaded and were forced into the embarrassing position of having to apologize to all their e-mail contacts for Tagged’s unethical–and illegal–behavior. This very virulent form of spam is the online equivalent of breaking into a home, stealing address books and sending phony mail to all of an individual’s personal contacts. We would never accept this behavior in the real world, and we cannot accept it online.”

Tagged, for its part, claims this is all just a big misunderstanding. In a statement of its own, the company denied abusing its users’ personal address books, saying, essentially, it had their consent to do so.

“When our company tested a new registration process, we discovered that our ‘invite your friends’ language was confusing,” said Tagged CEO Greg Tseng. “…In no instance did Tagged access a person’s personal address book without their consent and no emails were sent without the person giving us permission. We realize that some were confused and accidentally agreed to invite their friends.”

Oh, and next time you register for a social network, be sure to read its Terms of Service–especially the portions that are presented in ALL CAPS. They might be important. From Tagged’s Terms of Service:

“E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TAGGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TAGGED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.”

Facebook CEO Mark Zuckerberg is going to turn the social network’s “stream” of user experiences and information into a revenue stream one way or another. And if that means allowing others to pan its waters for gold, then so be it.

And so, at an event in Palo Alto later today, Facebook will reportedly announce plans to open its stream to third-party developers, offering them the chance to build new services and applications outside the site that–with users’ permission–access the status updates, photos and videos uploaded by users. According to The Wall Street Journal, Facebook will provide that access via an open standard and it will do it for free.

An attractive proposition for developers: Access to a community with some 200 million members where the only real barrier to entry is a user’s privacy settings. In the months ahead, we’ll undoubtedly see this give rise to countless new services in much the same way Twitter has spawned an ecosystem of developers.

In doing this, Facebook is positioning itself as a social data clearinghouse feeding a myriad of other third-party services. More importantly, by doing so, the social-networking behemoth is also acknowledging that we’re not likely to conduct all our social interactions in a single network.

But it’s also betting that we may be willing to conduct many of them through one. And in the end, that’s just as good–especially if that social network is Facebook.

UPDATE:

Moments ago Facebook announced the Open Stream API which will allow third party developers to create new apps and services that will allow users to read an interact with Facebook member streams without having to actually visit Facebook.

“The stream is the flow of information on Facebook, which manifests itself on a user’s home page as the News Feed and on the user’s profile as the Wall,” Facebook explains in its developer Wiki. “It represents the content a user shares with friends in a real-time setting. Initially the stream content appeared only on Facebook, and now with the Open Stream API, developers can connect to their users’ streams and let their users read their streams wherever they want. This means that for the first time, you can build new user interfaces for the stream everywhere including Web, mobile, and desktop applications.”

A bold move. And one that will almost certainly let some of the steam out of Twitter’s pistons.

One way to think about this is as a timeline–or a stream. As people share more, the timeline gets filled in more and more with what is happening with everything you’re connected to. The pace of updates accelerates. This creates a continuous stream of information that delivers a deeper understanding for everyone participating in it. As this happens, people will no longer come to Facebook to consume a particular piece or type of content, but to consume and participate in the stream itself.”

A heavyhanded explanation for a simplistic concept, but perhaps there is a deeper meaning to be found in our collective tweet of consciousness mutterings–“John is stuck at SFO,” “Beth is all liquored up,” “Adam is reminiscing about his days on the Newton”…“Mark has a laughably grandiose vision of his social-networking service.”

Or perhaps the deeper meaning here is to be found in another tweak Facebook is making to its service. As part of this redesign, the company is making profiles and pages the same thing. What that means is that pages created by public figures, organizations and companies will now look, feel and behave just like any other profile. Now their proprietors, too, can join “the stream.” “These folks will now be able to share status updates, videos, photos or anything else they want, in the same way your friends can already,” says Zuckerberg. “You’ll be able to keep up with all of their activity in your News Feed. This means that you can find out that Oprah is reading a book backstage before a show, CNN posted a breaking story or U2 is working on a new song, just as you would see that your friend uploaded new photos from her trip to Europe.”

Presumably, that also means folks like Microsoft (MSFT), BlockBuster (BBI) and Coca-Cola (KO) can also tip you off to the fascinating things they’re up to. So in the end, this redesign isn’t about the continuing evolution of the “social graph” or whatever the hell Facebook calls its network these days. It’s about developing a new advertising program that allows businesses legitimate access to the 175 million Facebook members the company has so far failed miserably to monetize.

Frankly, I’m kind of appalled that they’re threatening me after the work I’ve done for them free of charge, but after dealing with a bunch of other groups with deep pockets and good legal connections including companies like Microsoft, I can’t say I’m surprised. I try to shrug it off as a minor annoyance that whenever I do something successful, every capitalist out there wants a piece of the action.”

–Facebook CEO Mark Zuckerberg, February 2004

The inane dispute over the provenance of Facebook apparently ended in a multimillion dollar resolution. Facebook has reportedly paid the founders of ConnectU $65 million to settle a lawsuit that accused founder Mark Zuckerberg of lifting the social network’s source code and business plan when he worked for it as a programmer. A nice little financial windfall for the founders of ConnectU–brothers Cameron and Tyler Winklevoss and their colleague, Divya Narendra. Facebook certainly has money to pay to make the suit go away and a very good reason to pay it: It would be poor form to leave its quaint little creation myth in dispute.

News of the “confidential agreement” was apparently broken by ConnectU’s legal counsel, Quinn Emanuel Urquhart Oliver & Hedges, which inadvertently disclosed it in a promotion for its legal services.

“Lawyers in the heavyweight fight had expended great effort to keep the settlement secret–even going as far as persuading a judge to clear the courtroom of reporters on one occasion,” The Recorder reports. “But ConnectU’s former lawyers from Quinn Emanuel Urquhart Oliver & Hedges published the settlement amount in a firm advertisement trumpeting the firm’s prowess. ‘WON $65 million settlement against Facebook’ appears, along with dozens of other Quinn outcomes from last year, in the firm’s January business litigation newsletter.”

All parties involved declined comment on the “confidential settlement.”

“By tying together our audience and context, we can have even more relevant experiences,” said Tapan Bhat, senior vice president of Front Doors and Network Services at Yahoo (YHOO). “All our properties are going to be socialized…and fundamentally, it is going to change how information is consumed.”

The now-socialized Yahoo Mail is to go live today at 1 p.m. PST. My Yahoo, the Yahoo Toolbar, Yahoo TV and Yahoo Music go live later this week.

Headless Story Found in Rumor-Filled Bar?

[Image Credit: New York Post]

Growth is primary, revenue is secondary.”

– Facebook CEO Mark Zuckerberg

Good thing Facebook is committed to growth over profits because according to the latest metrics from Hitwise Intelligence, growth is slowing. While traffic to the site in the United Kingdom did increase by 4 percent between August and September this year, growth is down from 50 percent over the same period last year. Facebook’s annual growth rate is slowing as well. The site grew 88 percent in the UK between September 2007 and 2008–a strong showing, but quite a bit weaker than the 2,905 percent growth Facebook managed in the year prior.

Could it be that Facebook, like other social networks that have gone before it, is nearing its saturation point? Is enthusiasm for the ironically named “Funwall” and the endless conga-line of “You’re A …!” widgets finally wearing off?

In three years or so when Facebook finally settles on a business model. Assuming, of course, that it’s a viable one. And that it doesn’t send privacy advocates into paroxysms of angry status updates.

In an interview with Frankfurter Allgemeine Zeitung this week, Facebook CEO Mark Zuckerberg trotted out the old “growth over profits” cliché as explanation for the company’s long-absent business model. “… what every great Internet company has done is to figure out a way to make money that has to match to what they are doing on the site,” Zuckerberg said. “I don’t think social networks can be monetized in the same way that search did. But on both sites people find information valuable. I’m pretty sure that we will find an analogous business model. But we are experimenting already. One group is very focused on targeting; another part is focused on social recommendation from your friends. In three years from now we have to figure out what the optimum model is. But that is not our primary focus today. … Growth is primary, revenue is secondary.”

Yeah. Tell that to the stock market …

[Image Credit: The Onion]

Facebook really is That company. Which company? That one. That company that shows up once in a very long while–the Google of yesterday, the Microsoft of long ago. That company where large numbers of stunningly-brilliant people congregate and feed off each other’s genius. That company that’s doing with 60 engineers what teams of 600 can’t pull off. That company that’s on the cusp of Changing The World, that’s still small enough where each employee has a huge impact on the organization, where you think about working now and again, and where you know you’ll kick yourself in three years if you don’t jump on the bandwagon now, even after someone had told you that it was rolling toward the promised land. That company where everyone seems to be having the time of their life. … I’m serious. I have drunk from the Kool-Aid, and it is delicious.”

– Facebook manager Justin Rosenstein, June 15, 2007

Facebook manager Justin Rosenstein once described the social network as “the Google (GOOG) of yesterday, the Microsoft (MSFT) of long ago.” Today, Rosenstein perhaps views it as the Facebook of So Totally Last Week because he’s leaving the company, along with departing Facebook co-founder Dustin Moskovitz. Together the two hope to develop some sort of new extensible enterprise productivity suite, something that will be “to your work life what Facebook.com is to your social life,” according to a post on Rosenstein’s Facebook page.

“We see this new venture as very complementary to Facebook,” Rosenstein explained. “We hope our products will become to your work life what Facebook.com is to your social life. Our software will use Facebook Connect as the default option for identity and authentication. Our user interface will adopt many of Facebook’s conventions, creating a seamless and familiar experience for current Facebook users. And if our new development tools turn out to be useful, we hope the Facebook engineering team will come to adopt them.”

The departures are a blow to Facebook, which has been suffering something of a brain drain recently, and more specifically, to CEO Mark Zuckerberg who founded the company with Moskovitz while the two were undergraduates at Harvard.