Random thought: When presented with a TOS to signup, if you could edit that TOS before clicking submit, is this similar to editing a contract before signing it?
Posting a notice on your Facebook wall will not protect your privacy rights
61–70 of 89 posts
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#62Isn't it funny how implied consent only seems to work in one direction?
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#63Isn't it funny how implied consent only seems to work in one direction?
You have the opportunity to read Facebook's privacy policy before consenting to it. Facebook does not have a similar opportunity to read your privacy notice before allowing you to post it to your wall. It happens automatically.
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#64Earlier quoted context omitted.
> You can't give up your civil rights with single click. Of course you can. Contracts can and do override a right enshrined in law. I can sign an agreement that gags me from talking about something, in which case I've given up my right to free speech (if you're in a country where such a right exists). You seem to be referring to the EU's Data Protection and privacy policies - there are explicit exemptions under the E…
In most cases free speech is referring to the government attempting to restrict your speech, not a private entity. But even then, if you sign a NDA (of which US federal employees often do) then you are not giving up your rights to free speech. You are promising to withhold information about a certain topic if someone not authorized to know such information asks. You can certainly exercise your right to free speech an…
> You can certainly exercise your right to free speech and tell that person what you know, but then you may face consequences for doing so.
I know what you meant, but the above statement is almost always true. An example of an abridgment of free speech would be: You say you hate the King, then you're put in jail. It's not free speech if there are consequences: the 1st amendment does not mean, "the government must refrain from cutting your tongues out," nor does it mean "you cannot willingly sign an agreement to withhold information with a private party", but it does mean "the government doesn't get to punish you for saying things it dislikes."
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#65Earlier quoted context omitted.
Your last point is actually quite alarming: I have often been told that in order to be successful, I should surround myself with people much smarter than I am. But, when I see all these Facebook notices and FREE $500 COSTCO GIFT CARD shares, I can't seem to shake the feeling that I have thus failed in life.
"Like if you support this child with cancer, keep scrolling if you want everyone them to die". JUST EFF THE EFF OFF.
> Like if you support this child with cancer, keep scrolling if you want everyone them to die
Do any children still have cancer? I'm scrolling as fast as can!
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#66The Snopes article also links to a page on a moonshine distillery website that claims to show you how to get diplomatic immunity: http://www.coppermoonshinestills.com/id53.html Well worth reading for kicks, and reads more like a primer on how to make yourself a nuisance to local courts. tl;dr You have to fill out some documents, notarize them, have state and federal judges sign them, and refuse any case you're involv…
> a page on a moonshine distillery website that claims to show you how to get diplomatic immunity: http://www.coppermoonshinestills.com/id53.html
In 1995, someone might have put this into a science fiction book. (I mean, it theoretically could have happened. To my knowledge it didn't.)
Then everyone who heard of the book would have laughed. At the author. Because the whole idea is not just idiotic, but a kind of aggressive arm-swinging feces-flinging idiocy that can't possibly exist in real life.
Right.
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#67The Snopes article also links to a page on a moonshine distillery website that claims to show you how to get diplomatic immunity: http://www.coppermoonshinestills.com/id53.html Well worth reading for kicks, and reads more like a primer on how to make yourself a nuisance to local courts. tl;dr You have to fill out some documents, notarize them, have state and federal judges sign them, and refuse any case you're involv…
> a page on a moonshine distillery website that claims to show you how to get diplomatic immunity: http://www.coppermoonshinestills.com/id53.html In 1995, someone might have put this into a science fiction book. (I mean, it theoretically could have happened. To my knowledge it didn't.) Then everyone who heard of the book would have laughed. At the author. Because the whole idea is not just idiotic, but a kind of aggr…
It vaguely reminds me of this idiocy- http://rationalwiki.org/wiki/Sovereign_citizen
It never works, but people do make a (likely not comfortable) living selling others on the dream.
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#68Isn't it funny how implied consent only seems to work in one direction?
You have the opportunity to read Facebook's privacy policy before consenting to it. Facebook does not have a similar opportunity to read your privacy notice before allowing you to post it to your wall. It happens automatically.
They have the ability to and that's a fact worth considering.
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#69Random thought: When presented with a TOS to signup, if you could edit that TOS before clicking submit, is this similar to editing a contract before signing it?
If someone sent you a contract to sign, do you think you could scribble your own terms all over it and sign it and have that hold any weight? You can't unilaterally modify the terms of a contract, both parties have to sign and agree.
Re: Posting a notice on your Facebook wall will not protect your privacy rights
#70As a citizen of the EU and a country with strong privacy protection, my privacy rights are protected by law, and neither Facebook's terms nor the fact that any other entity can collect certain information from Facebook negates that right. The claims by Snopes are equally false: whatever Facebook terms a user may have accepted whenever, they are trumped by the law. You can't give up your civil rights with single click…
> You can't give up your civil rights with single click. Of course you can. Contracts can and do override a right enshrined in law. I can sign an agreement that gags me from talking about something, in which case I've given up my right to free speech (if you're in a country where such a right exists). You seem to be referring to the EU's Data Protection and privacy policies - there are explicit exemptions under the E…
Let's have a bit of common sense here. 'Contracts override rights in law' is as wrong as 'Rights in law override contracts' (note that I'm not saying your comment said or implied that). Clearly, there are some regulations that you can contract out of. Equally clearly, there are some regulations that you can't. It's usually pretty clear which category any particular provision is in.
Example from the first category: "Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale" - s.10(1) SOGA1979.
Example from the second category: "A person cannot by reference to any contract term ... exclude or restrict his liability for death or personal injury resulting from negligence." - s.2(1) UCTA1979
A common pattern is to allow you to contract out of a provision in general, but not when you're dealing with a consumer, e.g. "In a case where the buyer deals as consumer ... subsections (1) to (3) above [which lay out default rules for the passing of risk, but can usually be overridden in the contract] must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer" - SOGA1979 s.20(4). See also: the UTCCR1999, which applies only to consumer contracts and can't be contracted out of.
All examples from UK law. IANYAL.