I can see how it's his own fault from a practical viewpoint, but really? Considering opt-in vs. opt-out, status quo bias and all that? I think he has (people have) a right to criticise at least.
Sure, we can criticize all we want, but it's unlikely FB won't change without some form of government regulation (which I do not welcome, for the record). Given the assumption that FB won't change, it's each user's individual responsibility to track their privacy settings if they want to maintain a FB account.