I reviewed the following privacy policies for MySpace and Facebook in order to compare and contrast similarities and differences between the two. I chose to review them both, rather that just one or the other to, hopefully, gain some perspective on how these types of documents are written, language used, etc.
MySpace privacy policy
Facebook privacy policy
The privacy policies for each site read similarly. They cover mostly the same information. Key points within each are:
- What kind of information each site collects from users (and visitors):
Both MySpace and Facebook privacy policies state that the sites gather personal information that the user voluntarily provides as well as browser and IP information of users and visitors to the sites.
The following statement within the Facebook policy was of cause for concern:
You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.- How they gather and share user information with other users and third parties (i.e., other websites and advertisers, etc.):
Both MySpace and Facebook privacy policies state they rely on the use of ‘cookies’ to obtain and store information about users and visitors to the site and that users are responsible for blocking these cookies. Both sites allow third parties to solicit and use information from users, but state that they are not responsible for misuse of information by the third parties and that users are responsible for informing themselves on the policies of the third parties. Facebook states ‘two core principles’:
1. You should have control over your personal information.
2. You should have access to the information others want to share.These statements and others in each privacy policy seem to always put the choice and responsibility of protecting one’s privacy on the users’ shoulders, while allowing third parties to have access to so much information, making it virtually impossible to fully protect one’s privacy. However, if user chooses to use these sites, they are obviously going to be relinquishing a lot of that privacy.
As a past user of Facebook, their privacy settings are much more comprehensive than MySpace. However, they are so very comprehensive, that it can be easy to overlook some privacy settings. Facebook has a lot of third party applications, forcing the user to be much more diligent to constantly adjust privacy settings.
- Minor usage of the sites (preferably, that they do not use the site):
Both MySpace and Facebook privacy policies address minors’ (under 13) usage. Both sites state they do not knowingly collect personal information. Facebook goes a bit further and instructs anyone who is under 13 to not attempt to register to use the site and that minors between the ages of 13-18 should get parental content to register to use the site. I have doubts of the effectiveness of these policies. I doubt most 13 year olds read these privacy policies, much less bother asking for parental consent. It’s fairly easy to circumvent these types of registration policies by providing false information. In its statement, Facebook is relying on others to alert them to the issue of users under age 13. Stated earlier in the policy is this: We (Facebook) are not responsible for circumvention of any privacy settings or security measures contained on the Site.
- Contact information regarding questions or issues with the privacy policies for each site:
Both MySpace and Facebook privacy policies provide email addresses. Facebook provides this address throughout the policy, whereas MySpace saves their contact information till the end. MySpace states:
Whenever possible, MySpace Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”In response to the statement above, I set up a MySpace account about 3 years ago and mistakenly typed my email address incorrectly as .cm rather than .com. I was allowed to register with that typo. I realized that because of the typo, I might be missing out on some email alerts, so I contacted MySpace to alert them of the issue. They declined to allow me to correct the typo in my account settings or correct it themselves. I can login to the site with no problem, however.
I found myself having to read and re-read these policies to get a clear understanding of some of the very convoluted information, undoubtedly purposefully so.
I started by reading the policies on the websites and quickly realized they were rather lengthy, so I then copied and pasted them into my word processor to format for printing. Out of curiosity I checked the word count: both combined about 6000 words. I have used both of these sites at one time or another and have never really bothered to read the privacy policies. From what I gathered after reading them, I doubt most people do. My impression is that these policies serve to protect the websites in event there is some legal dispute (both sites state that they may disclose personal information in a court of law).
2. Read through the following news article excerpt and argue for or against NRECA’s infringement claim by applying U.S. copyright law’s “Fair Use” provisions (Title 17, U.S.C. § 107). Include in your answer a rationale for how copyright law should be applied in the United States, a rationale that articulates the purpose for copyright and intellectual property protection.
My interpretation of the facts in the article and the rules of Fair Use, leads me to argue against the NRECA’s infringement claim. The NRECA documentary, which was posted by the association, was available for free viewing and download on YouTube. The nature of how the seven seconds of footage used in the CEI ad appears to fall under the protection of Fair Use in the following areas:
- The footage was used to advance ideas of the CEI in a way that appears to their specific audience.
- The footage was used as a form of criticism of the NRECA by the CEI.
- The footage was taken from an informational documentary and used in an informational ad by the CEI.
- The footage was used to appeal to the CEI’s specific audience.
As I see it, the purpose for copyright and intellectual property laws is to protect original ideas and creations (publications, recordings, art, etc.) from being used by another as their own without credit to the creator or making a profit from using someone else’s work. I do not think that people should fear litigation for posting a video on YouTube that happens to have background music of an established artist. There is no profit gain for the person posting the video and no profit loss on behalf of the artist. If someone chooses to borrow from another in their own creation, they should credit the original creator and compensate if necessary. I agree that if a person tries within reason to contact the original creator to no avail that the creator should be allowed to use the creation and credit the original creator.
The issue seems to lie with enforcement. People violate copyright law everyday and get away with it or don’t even realize they’re committing a crime (ignorance is never an excuse). Same for the creators whose works and ideas are being used: they’re clueless. The proliferation of Internet use has seemed to fuel the copyright fire for now, like cassette recorders and VCRs in the past, and mostly corporate music companies and lawyers are using this as an opportunity to punish the offenders and line their pockets. It is wrong to steal and share digital files, music or otherwise, but if it’s there for the taking, most will take it. Some will get caught and be made examples of, but most won’t. I don’t think that most people have much sympathy for wealthy music and movie stars whining about losing out on some revenues because they got the music or movies for free on the Internet.
I think of all the creations that were inspired by others: art, literature, music, film. If all those people had been criminalized for borrowing the ideas of other artists, the world might have suffered a massive loss of creative endeavors. Nowadays, one would be hard-pressed to recognize something truly original or something that was not inspired by something before it.
3. You are legal counsel to MyFacebookSpaceNews.com, which is facing a libel suit. Advise the news site as to how to avoid or win the libel action.
In your advice to the site, provide counsel on the following concerns:
• What type of libel plaintiff is the court likely to name Simmons?
• What, then, will be the requisite standard of fault in this case?
• Will Simmons be able to prove the requisite standard fault?
• Are there other defenses the news site might consider?
Simmons is a private citizen who is the victim of libel per se based on comments published on the MyFacebookSpaceNews.com site. The site is negligent in its reporting what the plaintiff claims as false information and in its lack of credible sources. The plaintiff can prove negligence on the basis that the publication: failed to provide a thorough investigation, lacked verifiable information from reliable sources and failed to contact the plaintiff.
Only two sources were quoted in the story: one police officer and one bystander. The story claims the plaintiff was drunk and stupid, which he denies. The article also includes personal information about the plaintiff, where he’s from, the college he attends, etc, making his identity easily known to his community. This type of information could lead to the plaintiff being dismissed from his college, cause personal embarrassment and emotional distress that could require professional counseling, making his claim for damages valid.
In future articles, MyFacebookSpaceNews.com could possibly avoid libel suits with more thorough reporting and investigation. Try to get the other side of the story. Verify the information being reported. Interview more credible sources.
