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HOW CLOSELY DID YOU READ THE TERMS OF USE?

Facebook - How closely did you read the Terms Of Use?

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Page 1: Facebook - How closely did you read the Terms Of Use?

HOW CLOSELY DID YOU READ THE TERMS OF USE?

Page 2: Facebook - How closely did you read the Terms Of Use?

FACEBOOK PRIVACYHOW THEY COLLECT AND USE YOUR

INFORMATION

DATA USE POLICYThe environment Facebook creates is one of ‘good-decision making’, though this fact is usually absent to the knowledge of its users; this social networking platform provides a significant amount of privacy protection to promote the sharing of personal information and encourage interaction.

SHARING INFORMATIONAll interactional information is collected from you, your friends, business colleges, fellow students and all others associates. Any interactions (pictures/tags, page visits, actions and reactions) that are shared on Facebook is accumulated and assembled into a ‘digital dossier’ of the personal you.

OTHER STUFF YOU NEED TO KNOWFrom when you look at another person’s timeline or the games you play, when you send & receive messages to the devices you use for these actions, this valuable digital dossier of your personal information is shared through Facebook with their advertising partners, customers and other third parties.

Page 3: Facebook - How closely did you read the Terms Of Use?

WE ALL HAVE A RIGHT TO PRIVACY, NO ONE SHOULD FIND OUT LIKE THIS!

• Quoted as being “a way to help Facebook measure its effectiveness”, the creation of your ‘digital dossier’ is to better determine which opportunities, advertisements and notifications Facebook should offer you, refining and ‘in control’ of your cyberspace experience, from which friends show up on your ‘newsfeed’ to photo tag suggestions.

• Are you aware that once your GPS location is known that under Facebooks ‘Terms of Use’, they are allowed to keep your last GPS co-ordinates to send you relevant local notifications? Ever wonder how all those companies have your email address?

• Privacy is important, yet the sense of ‘being watched’ is more prevalent today than ever before (Introna, 1997: pg 260); the collection of these citizens and customers data from these corporations with their legitimate ‘effectiveness’ motives raises questions on the actual services to these individuals or the basis of another effective form of social control.

• Individual privacy, a primordial notion of personal space, where one is free from the gaze and judgement of others.

Page 4: Facebook - How closely did you read the Terms Of Use?

KEY PRIVACY ISSUES

• In its role, privacy creates the means to individual autonomy; in becoming an object of observation one is forced to act in a manner that he or she may not have chosen in a situation of privacy.

• Different patterns of behaviour (or roles) define different relationships and make them what they are, it is our ability to control who has access to us and who knows what about us, that allows us to sustain a variety of relationships with others (Rachels, 1975).

• What is there to share when everyone knows everything, how will differentiated relationships exist? Privacy creates the moral capital (the personal information) and the possibility to participate (share the information) in a relationship, without privacy intimate relationships would become impossible to maintain.

• Privacy entrusts individuals with the moral decision to decide for himself, without privacy there would be no self; a person would not be creator and originator, but merely a copier or enactor; in a transparent world the self is no more than the inscribing of the ‘outer’ onto the ‘inner’ (Foucault, 1980; pg 93).

KEY PRIVACY FEATURES

Facebook has the right to collect and gather a digital dossier of you and your friends/acquaintances, your every action is recorded and kept to better analyse what to show and offer you.

Daily routines are now subject to a myriad of forms of checking, watching, recording and analysing, so much so that we often take for granted the fact that we leave trails and traces wherever we are and whatever we do (Staples, 2000), as everyday convenience now depends on some form of surveillance.

Under ‘this watchful eye’ we participate in and actively (though not always consciously) trigger data collection from our phone calls to surfing the ‘net’; a discriminative power of contemporary corporation surveillance of an individual’s valuable personal data (Lyons, 2002).

Page 5: Facebook - How closely did you read the Terms Of Use?
Page 6: Facebook - How closely did you read the Terms Of Use?

RIGHTS & RESPONSIBILITIESTHE TERMS OF SERVICES THAT GOVERNS THE RELATIONSHIPS

BETWEEN USERS AND OTHERS.

STATEMENT OF RIGHTS AND RESPONSIBILITES

• Your rights, your content and your understanding of what you can do in such an environment, depend on your understanding of documents like the Statement of Rights and Responsibilities.

• To exercise one's right to free speech has never been greater than they are today, ''open media'‘ does mean that anything published on these platforms is liable to the same laws as any other publisher must observe, including defamation and restrictions set by the courts.

• Everybody is liable to contempt of court and defamation action, and should satisfy themselves they are not transgressing the law before posting anything.

INDIVIDUAL RESPONSIBILITIES

• If social networks have responsibilities then so do you, for instance, to check that you still agree to the terms of use as they evolve (they are evaluated every two years).

• Freedom of expression is glorious and precious, and it does not confer a right to conduct trial by open media, to deface property or to be viciously offensive (Sydney Morning Herald, 2012).

Page 7: Facebook - How closely did you read the Terms Of Use?

RIGHTS & RESPONSIBILITES

KEY RELATED ISSUES• Individual users may 'own' the information and content

they post to social networking sites, but once posted, that ownership may become meaningless; it is up to Facebooks individual users to be responsible for deciding what they upload for sharing and any relational interacting that they may partake in (Scott & Ballis, 2011).

• Facebooks ‘Statement of Rights and Responsibilities’ informs users that when you publish content or information using the "everyone" setting, it means that the user allows everyone (including people outside of Facebook – such as; search engines, websites, advertising agencies) and allows your information to be imported, exported, distributed and redistributed by anyone, without any privacy limitations in place).

• Information technology may give us the power to store, search and use data. However, we must understand this also means that others can store, search and use the data that we provide; we should instead understand the costs and benefits of online interaction and live in the knowledge that for better or worse data is extremely easily transferable and spreadable in today’s society.

A right to delete? More like a responsibility to not say something stupid (Lesh, 2012).

KEY FEATURES

“We recognize the public concern that this page has caused. Facebook doesn’t share these views, but while incredibly distasteful, the page doesn’t currently violate our terms.

We don’t remove this type of content from the site unless it violates our Statement of Rights and Responsibilities, but out of

respect for local laws, we may restrict access to content that violates local laws” (Facebook

Spokesperson from: J-Wire, 2012).

"We've all got a social responsibility and Facebook is part of our community, and I would've thought it would only have been reasonable“ (Chief Commissioner, Victoria

Police, Mr. Ken Lay from: The Project, 2012).

Page 8: Facebook - How closely did you read the Terms Of Use?

FACEBOOK’S PRINCIPLES

AND POLICIES

• Freedom to Share and Connect• Ownership and Control of Information• Free Flow of Information • Fundamental Equality • Social Value • Open Platforms and Standards • Fundamental Service• Common Welfare • Transparent Process • One World

RELATED KEY ISSUES

“We want Facebook to be a place where people can openly discuss issues and express their views, while

respecting the rights and feelings of others. We recognize that this sometimes means people will share ideas

and opinions that brush up against a line of acceptability for many people. We take this issue very seriously and we

have a team of people that make sure content on Facebook does not violate our policies” (J-Wire, 2012).

Yet Facebook publically exposes a social sub-culture of “grievers”, individuals who use Facebook through

anonymous accounts for the explicit purpose of destroying people’s online experience. The grievers demonstrate an attitude of disdain for the ability of law enforcement and

Facebook to provide any meaningful sanctions (The Online Hate Prevention Institute, 2012).

Page 9: Facebook - How closely did you read the Terms Of Use?

PRINCIPLES & POLICIES

FACEBOOKS COMMUNITY STANDARDS

Facebook will remove content when and if they perceive a genuine risk of physical harm, or a direct threat to public safety, they prohibit promoting, planning or celebrating of any actions that have or could, result in financial harm to others.

While Facebook encourages you to challenge ideas, institutions, events, and practices, it is a serious violation to attack any person or persons based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.

The culture of Facebook is one that creates accountability and builds trust and safety for everyone. Claiming to be another person, creating multiple accounts, or falsely representing an organization undermines community and violates Facebooks terms.

RELATED ISSUES

Because of the diversity of this global community, it's possible that something, somewhere, sometime could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked; hence the abundance of personal privacy choices, the more intimate your cyberspace experience is the more ‘true to you’ your digital dossier is amassed by Facebook.

Have you noticed Facebooks new biometric tools that recognize photos that appear on its service? Or heard the rumors of Facebook updating its ‘reporting’ options and research into the ‘want’ buttons?

As these tools become more accurate it is increasingly possible for Facebook to identify individuals even without your friends obligingly dobbing you in; increasing the interest of a range of businesses and public sector agencies in your valuable personal information, one US developer aims to integrate Facebook photos with images from CCTV cameras in shopping centre's or check-in counters (Arnold, B, 2012).

Page 10: Facebook - How closely did you read the Terms Of Use?

PRICIPLES & POLICIES The letter of the law for PlatformPOLICIES

• I. Features and Functionality• II. Storing and Using Data You Receive From Us• III. Content

– A. General– B. Content Rights– C. Third Party Content

• IV. Application Integration Points• V. Enforcement

Under a single set of principles, rights and responsibilities, every person whether individual, advertiser, developer, organisation or other entity, should have representation and access to distribution and information within the Facebook Service.

“Our main goal at Facebook is to help make the world more open and transparent, people should have the freedom to

build trust and reputation through their identity and connections” (Zuckerberg, 2009).

KEY FEATURES

The spirit of the law for Platform

PRINCIPLES

Create a great user experience

Build social and engaging applications

Give users choice and control

Help users share expressive and relevant content

Be trustworthy

Respect privacy

Don't mislead, confuse, defraud, or surprise users

Don't spam - encourage authentic communications

Page 11: Facebook - How closely did you read the Terms Of Use?

FACEBOOK“SOCIAL MEDIA HAS ITS POSITIVES BUT IT ALSO HAS ITS NEGATIVES, AND I THINK THERE IS

A LOT OF WORK TO DO TO TRY AND UNDERSTAND HOW WE CAN ENSURE THAT SOCIAL MEDIA DOESN'T IMPACT ON INDIVIDUALS AND IT'S NOT USED INAPPROPRIATELY”,

VICTORIAN PREMIER TED BAILLIEU (Lillebuen & Jenkins, 2012).

• The level of control within the Facebook Privacy Settings is fairly detailed, granted none of these privacy settings will prevent the potential sharing of your personal information to third-party sites (Ripley, C, 2012).

• “If you don’t have a Facebook profile, you don’t have an ‘online identity’” (Facebook Co-Founder Chris Hughes from: Cassidy, 2006); where a front-end (point of contact) and back-end (behind the scenes) politics of information operates through the construction of a technology that masquerades as a space for identity expression, whilst obscuring an apparatus of control (based on target marketing, appropriation of information and database construction (Rogers, 2004: pg 167).

• Facebook harvests information from people’s activities on the website, whatever their individual privacy settings and makes it available to advertisers, etc (Lewis, 2011).

• Once you hand it over, its theirs to use, so take the responsible steps to learn how the system works and adjust the settings to a comfortable level.

• Under section 474.17 of the Commonwealth Crimes Act, it is an offence to use "a carriage service to menace, harass or cause offence", punishable by three years in jail, with increasing pressure this law may be brought more into effect, think responsibly before you post (Quinn, 2012).

• Facebook provides the platform for ‘freedom of speech’ for its users, for the price of personal information (be it the good, the bad or the ugly), a worldwide digital dossier database of individual personalities, interests, knowledge and personal materials.

Page 12: Facebook - How closely did you read the Terms Of Use?

NETWORKED PUBLICS HAVE 4 PROPERTIES

Persistence:

digital objects are infinitely transferable and storable

Searchability:

digital objects are easily found

Replicability:

digital objects are infinitely and perfectly reproducible

Invisible audiences:

digital objects are seen by an unknowably large audience

(BOYD, D, 2010)

Page 13: Facebook - How closely did you read the Terms Of Use?

ReferencesArnold, B, 2012; Facebook Tagging and Face Recognition

should be restricted; http://theconversation.edu.au/facebook-tagging-and-face-recognition-should-be-restricted-9779

Boyd, D, 2010; Social Network Sites As Networked Publics Affordances, Dynamics and Implication:; http://www.danah.org/papers/2010/SNSasNetworkedPublics.pdf

Cassidy, J, 2006; Me Media, How hanging out on the Internet became big business; http://www.newyorker.com/archive/2006/05/15/060515fa_fact_cassidy

Community Standards, 2012; http://www.facebook.com/communitystandards

Data Use Policy, 2012; http://www.facebook.com/full_data_use_policy

Foucault, M, 1980; The History of Sexuality, Volume 1: An Introduction; http://tan.anarchyplanet.org/files/2011/03/foucault_sexuality_pt4pt5.pdf

Gayle, D, 2012; (biometric tools) Facebook turns off automatic facial recognition feature for all European users in victory for privacy campaigners; http://www.dailymail.co.uk/sciencetech/article-2218529/Facebook-turns-automatic-facial-recognition-feature-European-users-victory-privacy-campaigners.html

Introna, LD, 1997; Privacy and the computer: Why we need Privacy in the information society; http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.153.9251&rep=rep1&type=pdf

J-Wire, 2012; Facebook rejects claims of profiting through Racism; http://www.inach.net/news.php?en/2012-09

http://blog.facebook.com/blog.php?post=56566967130

Lesh, M, 2012; I should not be protected from my own stupidity; http://www.thepunch.com.au/articles/I-should-not-be-protected-from-my-own-stupidity/

Lewis, J, 2011; Facebook personal tracking hits snag; http://www.canberratimes.com.au/technology/security/facebook-personal-tracking-hits-snag-20111127-1o1k6.html

Lyon, D, 2002; Everyday Surveillance, Personal data and social classifications; http://www.casa.ucl.ac.uk/cyberspace/lyon_ics.pdf

Principles and Policies, 2012; http://developers.facebook.com/policy/

Rachels, J, 1975; Why Privacy Is Important; http://public.callutheran.edu/~chenxi/Phil315_062.pdf

Ripley, C, 2012; Use the Privacy Controls You Have; http://www.pcworld.com/article/255552/use_the_facebook_privacy_controls_you_have.html

Scott, V & Ballis, K, 2011; What are your rights on Facebook?; http://www.smh.com.au/opinion/society-and-culture/what-are-your-rights-on-facebook-20110525-1f3hv.html

Staples, WG, 2000; Everyday Surveillance: Vigilance and Visibility in Postmodern Life; http://books.google.com.au/books?hl=en&lr=&id=sAZYeXGNI2oC&oi=fnd&pg=PR9&dq=Everyday+Surveillance:+Vigilance+and+Visibility+in+Postmodern+Life&ots=wjlJYwi9bI&sig=zV0mfKqHCNR-zaBybGd924UZ5a0

Statement of Rights and Responsibilities, 2012; https://www.facebook.com/legal/terms

Sydney Morning Herald, 2012; http://www.smh.com.au/opinion/editorial/free-speech-brings-rights-and-responsibilities-20121001-26vkq.html

The Project, 2012; Facebook refuses to take down hate pages; http://theprojecttv.com.au/Facebook-refuses-to-take-down-hate-pages.htm

Zuckerberg, M, 2009; Governing the Facebook Service in an Open and Transparent Way; http://blog.facebook.com/blog.php?post=56566967130

Page 14: Facebook - How closely did you read the Terms Of Use?

Pictorial ReferencesSlide 1; http://

www.telegraph.co.uk/technology/facebook/9442899/Facebook-adds-save-for-later.html

Slide 2; http://blog.thehigheredcio.com/2011/10/04/facebook-privacy-policy/

Slide 3; http://www.digitaltrends.com/how-to/how-to-set-facebook-privacy-settings/

Slide 4; Morris, DP, Bloomberg, Getty

Images, taken from; http://www.cnbc.com/id/47835031/SCHUFA_Germany_s_Largest_Credit_Agency_to_Mine_Facebook_Twitter_for_Consumer_Risk_Information

Slide 5; http://blogonsite.com/facebook-terms-of-service-highlights.html

Slide 6; http://www.pcworld.com/article/254215/facebook_invites_more_comment_on_policy_changes.html

Slide 7; http://digitalchecking.blogspot.com.au/2012/03/facebook-announce-new-changes-to-their.html

Slide 8; http://socialmedia101.artizondigital.com/2012/06/where-find-facebooks-answers-your-privacy-policy-questions/

Slide 9; http://www.norebbo.com/wp-content/uploads/2010/06/map_facebook.jpg

Slide 10; http://techcrunch.com/2009/10/28/live-storming-the-beaches-of-facebooks-developer-roadmap-event/

Slide 11; http://selfnettues2.blogspot.com.au/