I've been preparing for my presentation at the Advertising and Marketing Law Conference on 15 October and reading through some materials I'll probably reference in my slides. One paragraph just stood out for me in Anil Dash's article "What is Public?": The conventional wisdom is “Don’t publish anything on social media that you wouldn’t want to... Continue Reading →
Privacy is more than a couple settings and a consent checkbox on a form somewhere. Privacy and publicity seem to be pretty straightforward concepts and, legally, they are treated fairly superficially and defined mechanically. A result of that is a similarly superficial treatment in conversations about privacy and publicity in social and commercial engagements which... Continue Reading →
This point in Kevin O'Keefe's article titled "Facebook eliminating the junk in your News Feed" on Facebook "click bait" made an interesting point about using Facebook more to improve its value to you as a user: All too lawyers and other professionals I speak with complain about all the junk they see on Facebook. Part... Continue Reading →
What will happen to your online profiles and data when you die? Before you answer that your digital stuff isn’t all that important so who cares, consider what you are using the digital cloud for: Email that increasingly includes bank statements, insurance policy information and functions as a backup for when you forget your password... Continue Reading →
(Update 2014-06-12): Professor James Grant, an Associate Professor of Law at the University of the Witwatersrand, has published an article on his site, titled "Child Pornography: Distribution by Parents", in which he explores the implications of the Criminal Law (Sexual Offences) Amendment Act which also deals with child pornography. That Act also has a pretty... Continue Reading →
http://youtu.be/r4237MZIb8g SnapChat's privacy controls are what made it both enormously popular and troubling to its young users' parents. When SnapChat launched, it gave users the ability to share photos and videos which promptly vanished into the ether. This appealed to its typically young and privacy conscious users because they finally had a way to share... Continue Reading →
The last couple weeks saw two spectacular lapses in judgment in corporate Twitter accounts. The first was the pornographic US Airways tweet in response to a passenger’s complaints about a delayed flight and the second was an FNB employee’s flippant tweet about an ad personality’s activities in Afghanistan.
Each incident has unfolded a little differently. Both are stark reminders about the very serious legal consequences for misguided tweets.
The problem with free services is that they have to make money in some way or another and the way that they generally do this is through advertising which leverages our personal information in order to give some kind of value to their advertisers. We agree to this when we sign up for these services. The extent of our agreement is documented in privacy policies which few people read and truly consider.
What this means is that we are essentially trading information about ourselves for access to these services which, admittedly, we do see value in otherwise we wouldn’t use them quite so much.