I've just come here, you posed a challenge, I pointed out the obvious retort. That you think people being dumb is an excuse to continue exploiting them when they get wise is a bit troubling. So no, not shame on them. Shame on you for expecting that a bad state should be irreversible. Selling privacy data as a business model is bad and the EU has not made idle threats when they told Facebook they better start behaving because an anti-trust case is already on the horizon.
User agreements, EULAs and Terms & Conditions are still subject to law. You can write whatever you like into those things, if they violate legal principles, they'll be tossed out the window faster than Facebook can rewrite them. You know this. Why even bring it up? There are lawyers doing nothing but picking T&C apart for money. Those are not the impenetrable armor you make them out to be.
We're talking politics here as much as legality. If the EU decides to throw a wrench into the gears of Facebook for political reasons, they'll be more than able to. All that's keeping Facebook out of trouble these days is really the goodwill of the EU and that for now Facebook isn't a serious threat. Once democracy becomes too dependant on Facebook doing its job properly, you'll see them be ripped apart by an anti-trust case rather quickly. And yes, I mean Democracy the principle and its very foundations itself.
Why do you think Twitter and Facebook are falling over themselves trying to patch holes in their system, implementing filters so fast and harsh they're beginning to block MPs of various Parliaments already? This isn't me fantasizing, this is happening already.
Edit: I've talked a lot about the anti-trust angle, but really, the EU's style would probably to regulate the fuck out of whatever they deem to define as "social media", including implementing oversight authorities with the power to indirectly intervene into social media company's businesses. It's a more pragmatic, less destructive and generally elegant solution to the "Facebook" problem.