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


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  • Thanks Trevor, your comments and feedback are greatly appreciated; I too also use Facebook as a means to connect with my numerous networks, and am just as guilty at not reading the terms of services. What is surprising is the unawareness of us all into the consequences of publishing ‘personal’ information online and how this personal information, combined with people’s commercial online trail, is merged into a more personal online dossier of individuals and their (our) connection networks, as stated in Lesley Ting’s (http://www.slideshare.net/lkwting/facebook-policy-primer-term-of-use-tos-by-lkw-ting-net303a2klw-ting) Facebook policy primer on page 10, Facebook has the right to do anything with all the interactional information collected from over a billion individual users.

    Even the Australian Federal Government is now realizing the value and use of this more personalized information by proposing a compulsory hoarding of everyone’s information for a period of 2 years (Butt & Cook, 2012). Upon reading most of this year’s policy primers I now have a good indication as to how much I do ‘leave an online trail’, with a better understanding into individual responsibility, concisely stated in Prasanth Kandeepan’s (http://www.slideshare.net/prasanthkandeepan/facebook-policy-primer-by-prasanth-kandeepan) Facebook policy primer on page 10.

    Distracted by front-end Facebook offers, unaware of backend usage of personal information and with privacy boundaries now more transparent than ever before, people need to become more aware of just how valuable exposing this personal segment into their and their connections private lives online are. As Lawerence Lessig states “we will have passports in cyberspace and like in real life these passports will be used to track, monitor and control our behavior, effectively and invisibly occurring in the background”. Imagine the sizes of our dossier’s if we could obtain a copy of all the information shared with Facebook throughout the years, as suggested in Kyle Kemeridis’s (https://lms.curtin.edu.au/webapps/portal/frameset.jsp?tab_tab_group_id=_4_1&url=%2Fwebapps%2Fblackboard%2Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_40435_1%26url%3D) Facebook policy primer on page 9.


    Ballis, C & Cook, H, 2012; Internet privacy a major worry for readers; http://www.yasstribune.com.au/story/345656/internet-privacy-a-major-worry-for-readers/
    Lessig, L, 1998; The Laws of Cyberspace; http://www.lessig.org/content/articles/works/laws_cyberspace.pdf
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  • Hi Michelle thank you for your policy primer on Facebook. I have read most if not all the policy primers other OUA students have created on Facebook as this SNS is one of the few ways I have to stay in contact with my family and friends back in Australia whilst I have spent the last 3 years working in China. Although Facebook is banned here due to censorship I can use it with limitations by connecting my VPN.

    I wanted to comment on your policy primer as I found it to be comprehensive and cover’s most of the TOS aspects for this social networking site. The slides appear to be a little busy and hard to read at times but the manner that you have broken down the terms into easy understandable bites certainly helps us users who don’t read the TOS before accepting the conditions of use. Goettke and Christiana (2007) discuss that “users are generally unaware and/or unconcerned with protecting their privacy” (Goettke, R & Christiana, J. 2007). This attitude is leading to more and more users providing sensitive and private information to companies who can use it for almost any purpose they choose. If the user is not reading and understanding the TOS as you have highlighted then they tend to accept what is recommended by the SNS. Again Goettke & Christina (2007) allure to this as “Not only are privacy protection default settings inadequate, social networking sites often discourage users from altering default settings” (Goettke and Christiana, 2007).

    I enjoyed your presentation and gained a better understanding of Facebook’s Terms of Service.


    Goettke, R., & Christiana, J. (2007). Privacy and Online Social Networking Websites. Computer Science 199r: Special Topics in Computer Science Computation and Society: Privacy and Technology. Retrieved from http://www.eecs.harvard.edu/cs199r/fp/RichJoe.pdf
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Facebook - How closely did you read the Terms Of Use?

  2. 2. FACEBOOK PRIVACY HOW THEY COLLECT AND USE YOUR INFORMATION DATA USE POLICYThe environment Facebook creates is one of „good-decision making‟, though this fact is usually absentto the knowledge of its users; this social networkingplatform provides a significant amount of privacyprotection to promote the sharing of personalinformation and encourage interaction. SHARING INFORMATIONAll interactional information is collected from you,your friends, business colleges, fellow students andall others associates. Any interactions (pictures/tags,page visits, actions and reactions) that are shared onFacebook 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 orthe games you play, when you send & receivemessages to the devices you use for these actions,this valuable digital dossier of your personalinformation is shared through Facebook with theiradvertising partners, customers and other thirdparties.
  3. 3. WE ALL HAVE A RIGHT TO PRIVACY, NO ONE SHOULD FIND OUT LIKE THIS!• Quoted as being “a way to help Facebook • Privacy is important, yet the sense of measure its effectiveness”, the creation of „being watched‟ is more prevalent your „digital dossier‟ is to better determine today than ever before (Introna, 1997: which opportunities, advertisements and notifications Facebook should offer you, pg 260); the collection of these citizens refining and „in control‟ of your and customers data from these cyberspace experience, from which friends corporations with their legitimate show up on your „newsfeed‟ to photo tag „effectiveness‟ motives raises questions suggestions. on the actual services to these individuals or the basis of another• Are you aware that once your GPS effective form of social control. location is known that under Facebooks „Terms of Use‟, they are allowed to keep your last GPS co-ordinates to send you • Individual privacy, a primordial notion of relevant local notifications? Ever wonder personal space, where one is free from how all those companies have your email the gaze and judgement of others. address?
  4. 4. KEY PRIVACY FEATURES KEY PRIVACY ISSUESFacebook has the right to collect and • In its role, privacy creates the means to individualgather a digital dossier of you and autonomy; in becoming an object of observation one isyour friends/acquaintances, yourevery action is recorded and kept to forced to act in a manner that he or she may not havebetter analyse what to show and chosen in a situation of privacy.offer you. • Different patterns of behaviour (or roles) define differentDaily routines are now subject to a relationships and make them what they are, it is ourmyriad of forms of checking, ability to control who has access to us and who knowswatching, recording and analysing, so what about us, that allows us to sustain a variety ofmuch so that we often take for relationships with others (Rachels, 1975).granted the fact that we leave trailsand traces wherever we are and • What is there to share when everyone knows everything,whatever we do (Staples, 2000), as how will differentiated relationships exist? Privacyeveryday convenience now depends creates the moral capital (the personal information) andon some form of surveillance. the possibility to participate (share the information) in aUnder ‘this watchful eye’ we relationship, without privacy intimate relationshipsparticipate in and actively (though would become impossible to maintain.not always consciously) trigger datacollection from our phone calls to • Privacy entrusts individuals with the moral decision tosurfing the ‘net’; a discriminative decide for himself, without privacy there would be nopower of contemporary corporation self; a person would not be creator and originator, butsurveillance of an individual’s merely a copier or enactor; in a transparent world thevaluable personal data (Lyons, 2002). self is no more than the inscribing of the ‘outer’ onto the ‘inner’ (Foucault, 1980; pg 93).
  5. 5. RIGHTS & RESPONSIBILITIES THE 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 ones 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).
  6. 6. 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). RIGHTS & RESPONSIBILITES • Facebooks „Statement of Rights and Responsibilities‟ informs users that when you publish content or information KEY FEATURES using the "everyone" setting, it means that the user allows everyone (including people outside of Facebook – “We recognize the public concern that this such as; search engines, websites, advertising agencies) page has caused. Facebook doesn‟t share and allows your information to be imported, exported, these views, but while incredibly distasteful, distributed and redistributed by anyone, without any the page doesn‟t currently violate our terms. privacy limitations in place). We don‟t remove this type of content from the site unless it violates our Statement of • Information technology may give us the power to store, Rights and Responsibilities, but out of search and use data. However, we must understand thisrespect for local laws, we may restrict access also means that others can store, search and use the datato content that violates local laws” (Facebook that we provide; we should instead understand the costs Spokesperson from: J-Wire, 2012). and benefits of online interaction and live in the knowledge that for better or worse data is extremely easily "Weve all got a social responsibility and transferable and spreadable in today‟s society. Facebook is part of our community, and I wouldve thought it would only have been A right to delete? More like a responsibility to not say reasonable“ (Chief Commissioner, Victoria something stupid (Lesh, 2012).Police, Mr. Ken Lay from: The Project, 2012).
  7. 7. FACEBOOK’S PRINCIPLES RELATED KEY ISSUES AND POLICIES “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• Freedom to Share and Connect recognize that this sometimes means people will• Ownership and Control of Information share ideas and opinions that brush up against a line of acceptability for many people. We take this issue• Free Flow of Information very seriously and we have a team of people• Fundamental Equality that make sure content on Facebook does not violate• Social Value our policies” (J-Wire, 2012).• Open Platforms and Standards• Fundamental Service Yet Facebook publically exposes a social sub-culture• Common Welfare of “grievers”, individuals who use Facebook through anonymous accounts for the explicit purpose of• Transparent Process destroying people‟s online experience. The grievers• One World demonstrate an attitude of disdain for the ability of law enforcement and Facebook to provide any meaningful sanctions (The Online Hate Prevention Institute, 2012).
  8. 8. PRINCIPLES & POLICIESFACEBOOKS COMMUNITY STANDARDS RELATED ISSUES Because of the diversity of this global community,Facebook will remove content when and if its possible that something, somewhere,they perceive a genuine risk of physical sometime could be disagreeable or disturbing toharm, or a direct threat to public safety, they you without meeting the criteria for being removedprohibit promoting, planning or celebrating of or blocked; hence the abundance of personalany actions that have or could, result in privacy choices, the more intimate yourfinancial harm to others. cyberspace experience is the more „true to you‟ your digital dossier is amassed by Facebook.While Facebook encourages you to challengeideas, institutions, events, and practices, it is a Have you noticed Facebooks new biometricserious violation to attack any person or tools that recognize photos that appear on itspersons based on their race, ethnicity, national service? Or heard the rumors of Facebookorigin, religion, sex, gender, sexual orientation, updating its „reporting‟ options and research intodisability or medical condition. the „want‟ buttons?The culture of Facebook is one that creates As these tools become more accurate it isaccountability and builds trust and safety for increasingly possible for Facebook to identifyeveryone. Claiming to be another person, individuals even without your friends obliginglycreating multiple accounts, or falsely dobbing you in; increasing the interest of a rangerepresenting an organization undermines of businesses and public sector agencies in yourcommunity and violates Facebooks terms. valuable personal information, one US developer aims to integrate Facebook photos with images from CCTV cameras in shopping centres or check-in counters (Arnold, B, 2012).
  9. 9. PRICIPLES & POLICIES The letter of the law for Platform POLICIESKEY FEATURES • I. Features and Functionality • II. Storing and Using Data You Receive From Us The spirit of the law for Platform • III. Content PRINCIPLES – A. General – B. Content RightsCreate a great user experience – C. Third Party ContentBuild social and engaging • IV. Application Integration Pointsapplications • V. EnforcementGive users choice and controlHelp users share expressive andrelevant content 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 distributionBe trustworthy and information within the Facebook Service.Respect privacy “Our main goal at Facebook is to help make the world moreDont mislead, confuse, defraud, open and transparent, people should have the freedom toor surprise users build trust and reputation through their identity andDont spam - encourage authentic connections” (Zuckerberg, 2009).communications
  10. 10. 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 DOESNT IMPACT ON INDIVIDUALS AND ITS NOT USED INAPPROPRIATELY”, VICTORIAN PREMIER TED BAILLIEU (Lillebuen & Jenkins, 2012).• The level of control within the Facebook Privacy • Once you hand it over, its theirs to use, so Settings is fairly detailed, granted none of these take the responsible steps to learn how privacy settings will prevent the potential the system works and adjust the settings to sharing of your personal information to third- a comfortable level. party sites (Ripley, C, 2012). • Under section 474.17 of the• “If you don‟t have a Facebook profile, you don‟t have an „online identity‟” (Facebook Co- Commonwealth Crimes Act, it is an offence Founder Chris Hughes from: Cassidy, 2006); to use "a carriage service to menace, where a front-end (point of contact) and back- harass or cause offence", punishable by end (behind the scenes) politics of information three years in jail, with increasing pressure operates through the construction of a this law may be brought more into effect, technology that masquerades as a space for think responsibly before you post (Quinn, identity expression, whilst obscuring an 2012). apparatus of control (based on target • Facebook provides the platform for marketing, appropriation of information and „freedom of speech‟ for its users, for the database construction (Rogers, 2004: pg 167). price of personal information (be it the• Facebook harvests information from people‟s good, the bad or the ugly), a worldwide activities on the website, whatever their digital dossier database of individual individual privacy settings and makes it personalities, interests, knowledge and available to advertisers, etc (Lewis, 2011). personal materials.
  11. 11. 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)
  12. 12. ReferencesArnold, B, 2012; Facebook Tagging and Face Recognition should Lyon, D, 2002; Everyday Surveillance, Personal data and social be restricted; http://theconversation.edu.au/facebook- classifications; tagging-and-face-recognition-should-be-restricted-9779Boyd, D, 2010; Social Network Sites As Networked Publics http://www.casa.ucl.ac.uk/cyberspace/lyon_ics.pdf Affordances, Dynamics and Implication:; Principles and Policies, 2012; http://www.danah.org/papers/2010/SNSasNetworkedPublics http://developers.facebook.com/policy/ .pdfCassidy, J, 2006; Me Media, How hanging out on the Internet Rachels, J, 1975; Why Privacy Is Important; became big business; http://public.callutheran.edu/~chenxi/Phil315_062.pdf http://www.newyorker.com/archive/2006/05/15/060515fa_fac Ripley, C, 2012; Use the Privacy Controls You Have; t_cassidy http://www.pcworld.com/article/255552/use_the_facebook_pCommunity Standards, 2012; rivacy_controls_you_have.html http://www.facebook.com/communitystandardsData Use Policy, 2012; Scott, V & Ballis, K, 2011; What are your rights on Facebook?; http://www.facebook.com/full_data_use_policy http://www.smh.com.au/opinion/society-and-culture/what-Foucault, M, 1980; The History of Sexuality, Volume 1: An are-your-rights-on-facebook-20110525-1f3hv.html Introduction; Staples, WG, 2000; Everyday Surveillance: Vigilance and http://tan.anarchyplanet.org/files/2011/03/foucault_sexuality_ pt4pt5.pdf Visibility in Postmodern Life;Gayle, D, 2012; (biometric tools) Facebook turns off automatic http://books.google.com.au/books?hl=en&lr=&id=sAZYeXG facial recognition feature for all European users in victory for NI2oC&oi=fnd&pg=PR9&dq=Everyday+Surveillance:+Vigila privacy campaigners; nce+and+Visibility+in+Postmodern+Life&ots=wjlJYwi9bI&sig http://www.dailymail.co.uk/sciencetech/article- =zV0mfKqHCNR-zaBybGd924UZ5a0 2218529/Facebook-turns-automatic-facial-recognition- feature-European-users-victory-privacy-campaigners.html Statement of Rights and Responsibilities, 2012;Introna, LD, 1997; Privacy and the computer: Why we need https://www.facebook.com/legal/terms Privacy in the information society; Sydney Morning Herald, 2012; http://citeseerx.ist.psu.edu/viewdoc/download?doi= 3.9251&rep=rep1&type=pdf http://www.smh.com.au/opinion/editorial/free-speech-brings-J-Wire, 2012; Facebook rejects claims of profiting through rights-and-responsibilities-20121001-26vkq.html Racism; http://www.inach.net/news.php?en/2012-09 The Project, 2012; Facebook refuses to take down hate pages;http://blog.facebook.com/blog.php?post=56566967130 http://theprojecttv.com.au/Facebook-refuses-to-take-down-Lesh, M, 2012; I should not be protected from my own stupidity; hate-pages.htm http://www.thepunch.com.au/articles/I-should-not-be- protected-from-my-own-stupidity/ Zuckerberg, M, 2009; Governing the Facebook Service in anLewis, J, 2011; Facebook personal tracking hits snag; Open and Transparent Way; http://www.canberratimes.com.au/technology/security/faceb http://blog.facebook.com/blog.php?post=56566967130 ook-personal-tracking-hits-snag-20111127-1o1k6.html
  13. 13. Pictorial ReferencesSlide 1; Slide 6; http://www.telegraph.co.uk/technology/face http://www.pcworld.com/article/254215/fac book/9442899/Facebook-adds-save-for- ebook_invites_more_comment_on_policy_c later.html hanges.htmlSlide 2; Slide 7; http://blog.thehigheredcio.com/2011/10/04 http://digitalchecking.blogspot.com.au/2012 /facebook-privacy-policy/ /03/facebook-announce-new-changes-to-Slide 3; http://www.digitaltrends.com/how- their.html to/how-to-set-facebook-privacy-settings/ Slide 8;Slide 4; http://socialmedia101.artizondigital.com/20Morris, DP, Bloomberg, Getty Images, taken from; 12/06/where-find-facebooks-answers-your- http://www.cnbc.com/id/47835031/SCHUFA privacy-policy-questions/ _Germany_s_Largest_Credit_Agency_to_Min Slide 9; http://www.norebbo.com/wp- e_Facebook_Twitter_for_Consumer_Risk_Inf content/uploads/2010/06/map_facebook.jpg ormation Slide 10;Slide 5; http://blogonsite.com/facebook-terms- http://techcrunch.com/2009/10/28/live- of-service-highlights.html storming-the-beaches-of-facebooks- developer-roadmap-event/ Slide 11; http://selfnettues2.blogspot.com.au/