Last week, I had shared a post on WSJ's data transparency weekend and some interesting ideas that came up during the meet. As a follow-up on the same topic for the first in my blog, I have guest article by Fiona. Fiona Causer is currently a student pursuing her bachelor's degree in Legal Studies.Before going back to finish her bachelor's, she worked as a paralegal for a little over 2 years assisting in cases involving labor and industry. In her free time, she enjoys writing and seeks to use it as a vehicle to convey ideas and engage others in discussing relevant legal issues of our day.
"The Internet, with its plethora of social media networks, is creating a new living landscape that is disrupting the way many individual rights are being interpreted. It is forcing law degree and paralegal certification granting learning institutions to revamp, or at the very least, reinforce how imperative it is that future law experts understand how to assess the two Bill of Rights Amendments that address free speech and personal privacy: The 1st and 4th Amendment, respectively. Policies concerning social media networks like Facebook and LinkedIn have people troubled about the applicability of both of these rights in the midst of a new Information Age driven by the fruits of Web 2.0.
Private Interest
Many arguments in court come down to the expectation of privacy. Since our court system works through precedent as well as legislative acts, the social media cases already completed are shaping up the online definition of privacy to include passwords and security protection. In other words, if you need authorization to get in, the material counts as private. If the material is posted as public, without restricted access, users are giving up their privacy rights.
Similar rules hold true for contracts with Facebook, Twitter, and other data-sharing sites. They often insert clauses that allow the networks and affiliated advertisers to track your social data for marketing purposes. Of course, these parties cannot use the information for any illegal purpose (such as identity theft), but they can often access your information for targeting purposes: This is simply a danger to posting personal information online.
Government Interest
If your information on social networks is public, government agencies such as the Justice Department and Internal Revenue Service can and are trained to use this information in their investigations, though policies still prevent them from adopting fake identities online. Different social networks have different policies of their own when it comes to cooperating with government agencies, filling this area with potential landmines. Courts do agree, however, that the 4th Amendment does not allow any private individual to search or seize any electronic information – this is strictly a government-based decision.
Even the Supreme Court is moving cautiously here, as seen in the 2010 Quon texting case, where the Court said that while text messages should be private, certain cases allowed searches based on the language in the 4th Amendment. The Supreme Court favored the idea that electronic communication, at least for government employees, should in general be treated like an employee's physical office space, with the same "reasonable expectation of privacy" rules incurred.
The Department of Homeland Security has long held a habit of monitoring social media sites for threats, but recent lawsuits under the Freedom of Information Act and the use of private contractors like General Dynamics have led to a legislative reprimands which may change policy in coming years. More worrisome is the latest National Security Agency data compound being constructed in Utah: It's primary purpose is to hold the vast amounts of intelligence data the agency picks up through its eavesdropping networks, including social media info. While the NSA has been known to violate privacy laws before, one of the most common deterrents against data-snatching is still one of the most effective: email encryption programs"
I am sure various personal privacy is an important area for countries, companies & individuals. Also who owns the data and what can be shared will be an important area of interest over the next couple of years.As individuals seek control of the data and companies need to be in touch with customers, a new normal of collaboration and sharing is sure to evolve in the future.
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