NET303 Internet Politics and Power (OUA SP3)
James Bradshaw

FACEBOOK
ASSIGNMENT 2A:
POLICY PRIMER
James Bradshaw (1694559...
FACEBOOK TERMS AND
CONDITIONS
Brief description:
•

1 billion+ global monthly users.

•

Terms and conditions are 1400+ wo...
FACEBOOK TERMS AND
CONDITIONS
Before agreeing to sign up to Facebook, did you read all of their Terms, Data Use
Policy and...
WHO OWNS THE CONTENT THAT
USERS UPLOAD/SHARE TO
FACEBOOK?
When you sign up for Facebook, you are agreeing to all of their ...
WHO OWNS THE CONTENT THAT
USERS UPLOAD/SHARE TO
FACEBOOK?
•

Even still, Facebook IP content may remain in backup copies f...
HOW DOES FACEBOOK HANDLE
COPYRIGHT?
•

Facebook can remove user content for infringing someone else’s copyright.

•

Users...
WHAT CONTENT IS CONSIDERED
FORBIDDEN ON FACEBOOK?
Facebook employ various safety measures, however they cannot guarantee
c...
WHAT CONTENT IS CONSIDERED
FORBIDDEN ON FACEBOOK?
•

No bullying, intimidating, or harassing.

•

No content that is hate ...
HOW CAN A FACEBOOK USER GET
SUSPENDED/TERMINATED?
Facebook have the right to stop providing all or part of their services ...
HOW ARE PEOPLE’S RIGHTS
PROTECTED ON FACEBOOK?
Facebook respect other people’s rights, and expect their users to do the sa...
CAN CHILDREN USE FACEBOOK, AND
IS PARENTAL CONSENT REQUIRED?
•

Users who are under 13 years old cannot own a Facebook acc...
COPYRIGHT
All content within this document was used under the
Australian Copyright Act 1968 – Section 41
“Fair dealing for...
REFERENCES
Facebook. (2013). Cookies, Pixels & Similar Technologies. Retrieved from
https://www.facebook.com/help/cookies
...
Upcoming SlideShare
Loading in …5
×

Facebook: Assignment 2a: Policy Primer

374 views
298 views

Published on

Published in: Technology
3 Comments
1 Like
Statistics
Notes
  • Hi James

    I thought your Policy Primer was very informative, considering the Facebook Terms of Service are lengthy and at some times rather vague. I feel you have condensed the main areas of interest and concern of the terms of service into a succinct policy primer, which is important for a generalist audience.


    I analysed the Terms of Service for Instagram, which I thought would be interesting to draw parallels to your primer on Facebook, given that Facebook took ownership of Instagram in April 2012. (Rusli, 2012) It appears that the terms of service of Instagram and Facebook are rather similar, given that Instagram made a huge overhaul to their terms of service in January 2013 to fall in line with the Facebook, which was announced to the users as “helps Instagram function more easily as a part of Facebook by being able to share info between the two groups” (Instagram, 2013b, para 2) This is shaped to users as a benefit to them, but essentially it assists with the data collection that they can use to advertise and in turn make profits.

    The similarities between the two terms of service are endless, in particularly around the ownership of content posted to the sites. To the naked eye, it appears as if the user owns the content that is posted to both Instagram and Facebook, when read in greater detail, the user automatically grants both Instagram and Facebook the right to use their content for various purposes. Like with Instagram, it seems as if the majority of users are unaware of what they are potentially opening themselves up for when they post photos and videos. Even when content is deleted, it still remains searchable on the internet in some form, so users must ensure not to post anything online that they would not like on the front page of the newspaper. (Lessig, 1998)


    Instagram. (2013) Privacy and Terms of Service Changes on Instagram. Retrieved from http://blog.instagram.com/post/38143346554/privacy-and-terms-of-service-changes-on-instagram

    Lessig, L. (1998) The Architecture of Privacy. Taiwan Net 1998 Conference. Retrieved from http://cyber.law.harvard.edu/works/lessig/architecture_priv.pdf

    Rusli, E. (2012) Facebook Buys Instagram for $1 Billion. Retrieved from
    http://dealbook.nytimes.com/2012/04/09/facebook-buys-instagram-for-1-billion/?_r=0
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Hi James,

    Enjoyed reading your policy primer on Facebook. I did my policy primer on YouTube (http://www.slideshare.net/urbanflames/policy-primer-youtubes-terms-of-ser) and after viewing a few other policy primers on Google, to Instagram and Facebook. Here a few common things that seem to come up in each platforms Terms of Service.

    Copyright Issues (You retain your rights, but at the same time by agreeing to the Terms of Service, you grant them the same rights).
    Content Issues (No hate speech, violent or adult content)
    Content and Personal Information being processed and transferred potentially from another country other then your own.
    13 years and younger are not permitted to use many of these platforms.

    However, with many of the TOS, that do not explain or attempt to explain how this is policed, and from my personal experience I would say it is either not policed at all, or is such a widespread problem that it is impossible for them to police. I believe they should attempt to explain how this is dealt with.

    With your policy primer on Facebook's Terms and Conditions, I have found that you have pointed out some clauses that are unique, and for which I haven't seen on other policy primers. For example, in regards to ceasing services to users if they create “a risk or possible legal exposure for Facebook”. This seems very vague to me, and I am even sure what it means, therefore users may be doing this without even realising. Overall, I think Facebook's Terms and Conditions from what you have described is long, vague and confusing in places compared to other platforms TOS. However, I enjoyed your short but informative policy primer – might even attempt to read their full Terms and Conditions now.
    Cheers,
    Briony
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Hi James,



    Great Primer!



    A common theme emerging across the policy primers is privacy - a very real concern on social networking sites such as Facebook as their privacy settings default to public and users have to alter these settings to make them private. The issue with this is that it requires users to be aware of their privacy and the issues that arise with public settings. According to Goettke and Christiana (2007), the default settings of social networking sites are very rarely altered or even questioned and the “privacy problems that ensue stem from the fact that individuals are unaware of the amount of personally identifiable information they have provided to an indeterminate number of people” (Goettke & Christiana, 2007, p. 1).



    Facebook’s statement of rights and responsibilities state that there can be no collecting of user information without consent (Bradshaw, 2013) however it is not clear how this is policed and mandated. Alexandra Malone’s (2013) Facebook Policy Primer states that content published publicly on Facebook allows everyone to access, use and share your information. Should Facebook indicate how they are governing this?



    Facebook also shares your data with “advertising partners or customers after we have removed the name or any other personally identifying information from it” (Malone, 2013). On the surface this may seem acceptable however, Wang et al indicate that when “distributed databases are linked together, the anonymous individuals in the disclosed data may be reidentified.” (Wang, Liau, & Hsu, 2006, p. 5485).



    Other NET303 policy primers highlight how many services disclose user information if required, compromising the privacy rights of users. Nicolas Gaff’s (2013) Policy Primer on LinkedIn states that LinkedIn will disclose the information you provide “in the event of legal process or violations of the rights of a third party. Jodie Orford’s (2013) Policy Primer on Pinterest states that Pinterest will disclose your data “when employing third party companies or individuals to process personal information on our behalf based on our instruction” (Orford, 2013).



    This shows that the Terms of Service often fail to protect the privacy of users, and this is further exacerbated by the fact that they are difficult to understand and as you state, commonly overlooked by users when signing up to a service.



    References

    Bradshaw, J. (2013, 2013 October). Facebook Assignment 2A: Policy Primer. Retrieved October 27, 2013, from Slideshare: http://www.slideshare.net/james24587/facebook-online-policy-primer-27390298

    Gaff, N. (2013). Linked In Policy Primer. Retrieved October 27, 2013, from Google Docs: https://docs.google.com/presentation/d/1oE0F1FScEHIerACC4TwaEqajnyaCqQ8Bxa8I5pA2FXM/present?ueb=true#slide=id.g11ca3b71d_063

    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 , 1-11.

    Malone, A. (2013, October 15). Facebook Policy Primer. Retrieved October 27, 2013, from Slideshare: http://www.slideshare.net/sesh111/facebook-policy-primer-alexandra-malone

    Orford, J. (2013, October 20). Policy Primer for Pinterest. Retrieved October 27, 2013, from Slideshare: http://www.slideshare.net/jodieorford/pinterest-policy-primer

    Wang, D.-W., Liau, C.-J., & Hsu, T.-s. (2006). Privacy Protection in Social Network Data Disclosure. 2006 IEEE International Conference on Fuzzy Systems, (pp. 5485-5491). Vancouver.
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
No Downloads
Views
Total views
374
On SlideShare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
4
Comments
3
Likes
1
Embeds 0
No embeds

No notes for slide

Facebook: Assignment 2a: Policy Primer

  1. 1. NET303 Internet Politics and Power (OUA SP3) James Bradshaw FACEBOOK ASSIGNMENT 2A: POLICY PRIMER James Bradshaw (16945595) 1
  2. 2. FACEBOOK TERMS AND CONDITIONS Brief description: • 1 billion+ global monthly users. • Terms and conditions are 1400+ words, under 3 different subsections, over 8 separate pages. This would take even an experienced reader several hours to complete. (Smith, 2013) James Bradshaw (16945595) 2
  3. 3. FACEBOOK TERMS AND CONDITIONS Before agreeing to sign up to Facebook, did you read all of their Terms, Data Use Policy and Cookie Use Policy? It is common for users not read all of the terms and conditions of a service or platform before they sign up. Some reasons include: • Being confronted with large amounts of text and fine print, which can be inconvenient. • Involve various technical and legal terminology that not all users can understand. • In any case, users cannot gain access to the platform or service without agreeing to the terms and conditions. (Wise, 2013) James Bradshaw (16945595) 3
  4. 4. WHO OWNS THE CONTENT THAT USERS UPLOAD/SHARE TO FACEBOOK? When you sign up for Facebook, you are agreeing to all of their terms and conditions. • Users consent to their data being transferred and processed between the USA. • Despite the user essentially owning all the content they create, they automatically grant Facebook a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). • This license ends if you delete your Facebook account or the IP content itself, however it remains on the accounts of users that you have shared content with, or who have content stored on their devices. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 4
  5. 5. WHO OWNS THE CONTENT THAT USERS UPLOAD/SHARE TO FACEBOOK? • Even still, Facebook IP content may remain in backup copies for a reasonable period of time. Therefore the user’s intellectual property may live on in cyberspace forever. • Facebook third-party applications also use your information differently, depending on their individual agreements. • If users publish content using the Public setting, even users without a Facebook account can view your information, such as name and profile picture. Thus meaning anyone can manipulate and store your information. • However, Facebook does offer the option of controlling the levels of privacy for your information, with their Privacy and Application settings. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 5
  6. 6. HOW DOES FACEBOOK HANDLE COPYRIGHT? • Facebook can remove user content for infringing someone else’s copyright. • Users cannot use Facebook’s copyrights or trademarks, unless permitted by their Brand Usage Guidelines or with prior written permission. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 6
  7. 7. WHAT CONTENT IS CONSIDERED FORBIDDEN ON FACEBOOK? Facebook employ various safety measures, however they cannot guarantee complete safety. They have several commitments the user must follow, including: • No activity that is unlawful, misleading, malicious, or discriminatory. • No spam or viruses. • No collecting other users’ information by automated means, such as bots or scrapers. • No multi-level marketing schemes. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 7
  8. 8. WHAT CONTENT IS CONSIDERED FORBIDDEN ON FACEBOOK? • No bullying, intimidating, or harassing. • No content that is hate speech, pornographic, or violent. • No third-party applications that contain alcohol or drug related content. • No publicity advertisements that are not part of the Promotions Guidelines. • No activities that facilitate or encourage violations of Facebook’s policies. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 8
  9. 9. HOW CAN A FACEBOOK USER GET SUSPENDED/TERMINATED? Facebook have the right to stop providing all or part of their services to any user, for the following reasons: • Violating the letter or spirit of their Statement. • Otherwise creating a risk or possible legal exposure for Facebook. • User accounts can be disabled if they repeatedly infringe other people’s intellectual property or copyright. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 9
  10. 10. HOW ARE PEOPLE’S RIGHTS PROTECTED ON FACEBOOK? Facebook respect other people’s rights, and expect their users to do the same, by following these methods: • No content or action on Facebook that infringes or violates someone else’s rights or the law. Facebook can remove any content of a user if it is in breach of violation. • Facebook protect against copyright infringement, and provide appeals for wrongful content removal. They also provide various tools to help protect intellectual property rights. • No posting anyone’s identification or other sensitive documents. • No collecting user information without clear consent, along with a privacy policy explaining the indented use of that information. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 10
  11. 11. CAN CHILDREN USE FACEBOOK, AND IS PARENTAL CONSENT REQUIRED? • Users who are under 13 years old cannot own a Facebook account. • However, the real identity of users is not strictly verified, as anyone could simply lie about their age, without having to provide any form of identification. • Users who are convicted sex offenders cannot own a Facebook account. • Age based restrictions are applied to third-party applications that contain mature content, such as nudity, alcohol/drugs, dating, and other mature content. (Statement of Rights and Responsibilities, 2013) James Bradshaw (16945595) 11
  12. 12. COPYRIGHT All content within this document was used under the Australian Copyright Act 1968 – Section 41 “Fair dealing for purpose of criticism or review” James Bradshaw (16945595) 12
  13. 13. REFERENCES Facebook. (2013). Cookies, Pixels & Similar Technologies. Retrieved from https://www.facebook.com/help/cookies Facebook. (2013). Data Use Policy. Retrieved from https://www.facebook.com/about/privacy Facebook. (2013). Statement of Rights and Responsibilities. Retrieved from https://www.facebook.com/legal/terms SlideShare. (2013). Why you should use SlideShare? Retrieved from http://www.slideshare.net/about Smith, O. (2013). Facebook terms and conditions: why you don’t own your online life. The Telegraphy. Retrieved from http://www.telegraph.co.uk/technology/socialmedia/9780565/Facebook-terms-and-conditions-why-you-dont-own-your-onlinelife.html Wise, J. (2013). Fine Print! You Always Read the Terms and Conditions – don’t you? Retrieved from http://www.abn.org.au/blog/fine-print-terms-and-conditions/ James Bradshaw (16945595) 13

×