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Monthly Archives: December 2012

News

Daily Mail: Eight-fold increase in ‘Facebook and Twitter crime‘ as police deal

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Privacy Concerns with Instagram

Here is Instagram’s proposed policy change that has led a large number of folks to close or suspend their Instagram Accounts:

To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.

Many interpret this language, which goes into effect on January 16th, as giving Instagram the ability to feature users in all sorts of advertisements created by Instagram or Facebook (Facebook purchased Instagram last year for $1 billion).  According to law professor Susan Scafidi, “It’s entirely possible that you and I could find our faces plastered across billboards associated with something you want nothing to do with.  This is basically asking everyone using Instagram to waive their right of publicity.”

To read more about this developing story see the link below. I say developing because I think Instagram is going to rethink its policy very quickly.

Washington Post: Instagram, Facebook stir online protests with privacy policy change

Man Uses Facebook to Commit Crimes

Here is an interesting article about how criminals use social media to help them commit crimes both online and offline.  In this case, a man is accused of monitoring potential victims on Facebook to determine when they would be away from their homes.  Once he discovered the times and dates that they would be away, he would burgle their homes.

Hunterdon County Democrat: Burglar who allegedly used Facebook clues to plan crimes faces

Social Media and Privacy: New Law Review Article

Stephen Henderson, Expectations of Privacy in Social Media, 31 Miss. C. L. Rev. 227 (2012) 

Introduction: This Article, which largely tracks my remarks at the Mississippi College School of Law Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy that should be recognized by current law, and in some we have no legitimate expectation of privacy. The Article begins with a short (and personal) history of social media and then discusses the theory of information privacy, after which follows an explanation of, and then application of, the governing constitutional law. This is an area in which statutes should, and to some extent do, expand upon the constitutional floor, and the Article ends with a consideration of those statutes and needs for improvements therein, including via statutory frameworks like that recently adopted by the American Bar Association.

News

Charlotte Observer: NC may be first state to charge students with cyber crimes

Forbes: Will Twitter Users Face Criminal Prosecution in McAlpine Case?

San Franciso Chronicle: Lawyer: Plea planned in NY subpoenaed-tweets case

Danbury News Times: Man identified on Facebook page faces gun charges