Nguyen: Facebook Privacy Policy Hoax Strikes Again
Wednesday, September 30, 2015
Every year or so there is widespread panic on Facebook related to people’s concern that Facebook is going to “invade their privacy” and use their posts without their permission because of some secret new privacy policy that Facebook allegedly adopted without telling anyone. People feel compelled to guard their “privacy” by posting a chain-letter type declaration that purportedly protects them from big bad Facebook. I am not sure where the original posts ever come from, but like anything that goes viral on social media, they get posted and reposted and flood your activity feed.
It happened again this week. This time around, there were two variations, which looked something like this:
“Better safe than sorry is right. Channel 13 News was just talking about this change in Facebook's privacy policy. Better safe than sorry. As of September 30th , 2015 at 6:00am Eastern standard time, I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, or posts, both past and future. By this statement, I give notice to Facebook it is strictly forbidden to disclose, copy, distribute, or take any other action against me based on this profile and/or its contents. The content of this profile is private and confidential information. The violation of privacy can be published by law (UCC 1-308- 1 1 308-103 and the Rome Statute). NOTE: Facebook is now a public entity. All members must post a note like this. If you prefer, you can copy and paste this version. If you do not publish a statement at least once it will be tactically allowing the use of your photos, as well as information contained in the profile status updates. DO NOT SHARE. You MUST copy and paste.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“Now it’s official! It has been published in the media. Facebook has just released the entry price: $5.99 to keep the subscription of your status to be set to “private”. If you paste this message on your page, it will be offered free (paste not share) if not tomorrow, all your posts can become public. Even the messages that have been deleted or the photos not allowed. After all, it does not cost anything for a simple copy and paste.”
As with the past Facebook privacy scares, this is a hoax.
Our privacy rights are clear in Facebook’s Statement of Rights and Responsibilities where it states: “You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings.”
What is also clear is that Facebook ALREADY has the right to use our photos and videos. By having a Facebook account, and agreeing to the Terms of Service, “you specifically give [Facebook] the following permission, subject to your privacy and application settings: you grant [Facebook] a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content (photos and videos) that you post on or in connection with Facebook.” Copying and pasting those bogus declarations above will not change that.
Perhaps what is most alarming about these pervasive “legal” notices is the hive-minded willingness to blindly follow without actually thinking things through.
Facebook is a social media sharing website, so saying that your profile is “private and confidential information” does not make logical sense. Even if you share something with only your “friends” and don’t make it “public” you accept the possibility that those “friends” may copy that information, or share it with others. Legally, for information to be “private and confidential” you have to treat it as such. Sharing it with your closest 800 acquaintances negates any claim you have to its confidentiality.
Moreover, Facebook ALREADY has permission to use your photos and videos. It’s right there in the Statement of Rights and Responsibilities. I doubt that Facebook has used any of my photos or videos for any surreptitious reason and I wonder what it is people are scared Facebook will do with this information or why they still have Facebook accounts if they are so worried.
Takeaways: Facebook has not changed its policy to make all your posts public. Facebook is not going to charge you money to stay private. Everything you need to know about your privacy rights is easily accessible on Facebook. No “legal” notice that you post will ever make your Facebook account “private and confidential” in legal terms. If you want certain information to be private and confidential, I suggest you do not post it on social media sites at all.
AiVi Nguyen is a business and trial lawyer with the Law Firm of Bowditch & Dewey, LLP.
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