>"We're scot free, because we told wink people to not sell us sensitive data. We get the benefit from it, and we make it really easy for people to sign up and get paid to give us this data that we 'don't want.'"

>Please don't sell me cocaine snifffffffff

Maybe there's something in discovery that substantiates this, but so far as I can tell there's no "wink" happening, officially or unofficially. A better analogy would be charging amazon with drug distributing because some enterprising drug dealer decided to use FBA to ship drugs, but amazon was unaware.

Facebook gets a fiscal benefit when the counterparty to the contract breaks the rule, and so has no incentive to enforce it (rather, the opposite).

Unless, of course, Facebook is held accountable for not enforcing it.