Legal Issues with Social Networking

 

Exploring the privacy legal issues associated with online social networking sites.

According to data collected by Hootesuite, 45% of the world 's population is using social networks. That means a whopping 3.48 billion people are linked to any social Network. The Wiki Article states that Privacy issues with social networking sites are a subset of data privacy that includes the right to require personal privacy regarding storage, re-use, third-party provision and display of self-relevant information through the Internet.

These social platforms use Apps that allow users to participate are tweets, invites, videos, open platform applications and other applications that are also the platforms for others to access private information about a user.

Privacy Issues include cyber-stalking, location disclosure, social profiling, 3rd party personal information disclosure, and government use of social network websites in investigations without the safeguard of a search warrant. The above is also supported with a research by the Tulane university.

Typically speaking, social media sites, which gather and store massive quantities of personal information with little regulatory oversight, serve as enticing targets for bad actors trying to use the data to perpetrate theft and fraud.

Most of the best sites with secure online privacy policies use the end-to-end encryption so users can enjoy a more secure communication, Security-wise, encryption enhances communication privacy and protects users’ messages from impostors or malicious actors.

WhatsApp. Since 2016, WhatsApp has enabled and implemented end-to-end encryption, so users can enjoy a more secure communication. another one is Viber and facebook which are also implementing the end-to-end encryption.

According to Iva Green, As more and more people globally use social media network and sharing information on social media networks, the greater the need for security and privacy controls increases. Several issues come to mind. We have employers and potential employers, requesting access to our individual social account.  Today, with Twitter, Facebook, LinkedIn etc., can have a major impact on our lives, both good and bad.  Social networks have access to highly sensitive, private data and many have been breached. Most social networking sites have poor security measures, and it is not often they recognize fake accounts on their platform. There are 100’s of thousands of user names and passwords for sale on the dark web.

          Then, of course with social media accounts, comes hackers, and impersonation spammers. Hackers and other criminals target social media accounts.  If they successfully get in, they can impersonate you, spread viruses, malware, scams, etc., by sending messages to your connections, who click without a second thought, or worse, gather information and steal your identity.  Another problem is stalking, cyber-bullying and harassment. Sometimes friends. Are not as good of friends as you thought, or after a breakup, this becomes a problem, or as we often see in headlines, a student is bullied and commits suicide, leading to legal issues.  Social media networks also walk a very thin line between marketing an intrusion of privacy.  Facebook, LinkedIn and other networks have conflicting interests between paying and nonpaying customers, even when there is no real financial incentives. This will more likely increase, before it decreases, in attempts for additional information gathering for the purpose of target marketing.  There is also a downside to location-based services.  Today’s use of smart phones, rather than traditional computer access to social media sites increase threats because most smart phones automatically collect location data constantly.

          There is currently no fine-tuned legislation or privacy laws. Yet, the legal issues that arise with online social networking media, is they tend to reveal confidential information, violate the use of trademarks, can include ambiguous or misleading posts, or use of illegal copyrighted work. When it comes to the laws that pertain to social media networks, legal liabilities and obligations of social media networking sites, it is important to note, section 512 (C) removes liability for copyright infringement, from websites that allow users to post content. Copyright owners can request the removal of infringing content.  The site must also not receive a financial benefit directly attributed to the infringing activity.  Example: Viacom sued YouTube for copyright infringement, for one billion dollars, for user uploads of videos.  YouTube settled the case without paying, do to the Safe Harbor of 512(c).  Section 230, of the Communications Decency Act, immunizes websites from certain liabilities, when they publish information provided by another source. This usually arises in the context of defamation, privacy, negligence, and other tort claims. It does not cover criminal liability, copyright infringement, or other intellectual property claims.

          However, Social media users don’t enjoy the same immunities granted to social network sites.  Users must be careful when posting messages or files to the sites.  There is no statutory immunity for users, if posting defamatory content, the user will be liable.  First Amendment and State Constitutional free-speech provisions, often come into play.

          I do feel the landscape is changing in some areas, but not necessarily all areas.  Privacy Bills in the area of Social Media Networks, have been introduced in 39 States, yet have basically failed, I believe they will begin to pass in the future, including a ban on employers requiring employees and prospective employees, to handover passwords to social media accounts. I don’t see individuals being granted the same immunity as Social Networks, or the Social Networks gathering personal information, to be harvested and shared with third-parties or sold to Data Brokers for advertising.  

          I don’t feel any social Media Network does a better job that of their counter parts.  I did find that in 2013, an article that stated, Facebook, followed by Twitter do the best job at protecting privacy, but in 2020, with Facebook, Twitter, LinkedIn etc., having access to so much sensitive data, and all being breached in the past, user names and passwords, readily available for sale on the dark  web, that no Social Media Network does a better job than the next.

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