As the Facebookdebate rages on over whether the creators of social media data or the companies hosting it are the real owners of this data, it's interesting to see that innovative members of the legal system are bypassing the whole discussion and saying, "The data is public and we are going to use it."
It makes me wonder if the whole discussion on terms and conditions for sites like Facebook and MySpace misses the boat. Rather than regulating who owns the data, I think these sites should be focused on broadcasting that the data you are entering is public.
Consider this example from New Zealand. A young mother was convicted after using the Internet to declare a relationship she was concealing from welfare authorities. She had reported that she was a single mom and was thus eligible for $480 a week. But Web 2.0-savvy investigators checked out her Bebo and Facebook pages to find the truth: She was living with the father of her 2-year-old son, entitling her to only $140 a week. The convicted mom commented, "It came as a big surprise when I was caught. I didn't ever think they would look me up like that."
I'm not sure if there is a trend about using social media in the Southern Hemisphere, but late last year an Australian court allowed lawyers to serve documents on two people via their Facebook pages. While various courts have allowed email and even texting to be used for the transmission of legal notices, this is thought to be the first use of a social media Website.
Both these cases reflect what some are beginning to call the "cocoon effect" -- the belief among some people that information they put on the Internet is not going to be viewed or used by the wider public. It's really an amazing phenomenon. Most people would expect a sign on their front lawn to be read by the public. They would expect a classified ad they publish in the newspaper to be read by the public. But for some reason they believe that what they type on the Internet will only be seen by a small circle of friends.
In discussions on the Australian case, Australian legal law expert Matthew Rimmer said, "Facebook has become less fun since it has been discovered by lawyers and bankers." That's probably similar to what a 20-year old defendant in Houston said last year when photos posted on Facebook just two weeks after he was charged showed him at a Halloween party in an orange jumpsuit labeled "jail bird." The judge specifically cited this evidence when issuing a two-year sentence in this case.
In these cases you have pretty clear examples of folks who got what they deserved. But I am more concerned about the current generation of 20-somethings, teens, and even pre-teens who are using the Internet as a public forum. I propose that when you create a social media account the terms and conditions be displayed clearly screen-by-screen, consciously slowing down the login process. Use simple explanations like, "What you type here may be seen by your mother," and "Your teachers will know what you say about them," and maybe even "The person reading what you write may have a badge."
In a prior blog I borrowed liberally from an old bumper sticker with the observation that Facebook does not post embarrassing information... people do. Somehow we have to make people, and especially the next generation, realize that lots of eyeballs are watching while you type that embarrassing information -- it can and will come back to haunt you.
— David Silversmith, Internet and Web analytics consultant, and former CTO of Carfax
I can't imagine the pain of the girl who posted her own picture to her boyfriend only to have him spread it around after they broke up. Evidently the pain was indeed more than she could bear. There was no way to get the picture back.
Perhaps these examples albeit extreme may serve as the historical examples for our kids NOT to repeat.
I don't know if the adults are less informed or if they are indulgent and think that by claiming ignorance they will get away with their stupid behavior. Too many times I have read something in the newspaper/online and thought 'What were they thinking?' There is no fix for stupid.
But I too, hold out faith that if we teach children about thinking before acting and doing what is right instead of what we would like to do, they will grow up to be responsible adults.
"For the adults, I see this senario repeating itself til the end of time."
Ok Chris, that is right; the children of today are adults of tomorrow. And they can just learn from today's adults. Hopefully, things will change a little bit for good.
Sometimes I think the adults are less informed than our youth. There are no laws for stupitity, and again, stupidity knows no bounds.
I have complete faith, if we continue to hound our children about the law of unintended consequences when it comes to content they put forth, they will understand and learn.
For the adults, I see this senario repeating itself til the end of time.
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