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Posting a notice on your Facebook wall will not protect your privacy rights

snopes.com

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Re: Posting a notice on your Facebook wall will not protect your privacy rights

#51

Post by dredmorbius »

dotBen wrote: post #48
rickmb wrote: post #38

As 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…

Unless you feel you can dispute it, the jurisdiction for your use of Facebook and the jurisdiction underwhich you agreed to use Facebook is Santa Clara County, Calfiornia, United States. See 16.1 in https://www.facebook.com/legal/terms Also, although the EU has strict data retention and data-export laws, you agreed to give up when you signed up for Facebook because Facebook keeps its data in the US.

According to Facebook.

Again, if local law (or a jury nulification) trumps this, FB are SOL.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#52

Post by markokocic »

Hannan wrote: post #27
TazeTSchnitzel wrote: post #11

Earlier quoted context omitted.

I wish people would stop. It means in business emails there's a huge load of quoted confidentiality disclaimer stuff. Please people, 3-line signatures.

I've often wondered what the total size per year is for corporate email legal disclaimers, both bandwidth and residing on disk, world-wide. Personal signatures would be an interesting stat as well. Does Exchange (or any other mail servers) have some sort of de-duplication process for intra-message text like this? The wasted space has to be enormous in aggregate, but maybe compared to headers, attachments, etc. it doe…

Mailinator has deduplicating. In fact, it has all sorts of nice optimizations, and the author writes about it quite eloquently. I wish mailinator backend could be used for mail servers instead of Exchange ;)

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#53

Post by shimon_e »

objclxt wrote: post #45
rickmb wrote: post #38

As 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…

Unless if the courts find the contract non binding.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#54

Post by shimon_e »

dfxm12 wrote: post #2

The fact is that I'm not sure that people totally believe what they are doing will hold up in a court of law. The thought that it might and it is so easy to do, coupled with the herd mentality (all of their friends are doing it), make posting something like this seem to have no downside, but only upside. After all, wouldn't you hate to be the one rube whose privacy is invaded because you didn't simply post something…

It won't hold up. The disclaimer states Facebook has no distribution rights. Facebook requires the right to distribute your content. Common sense dictates you give Facebook this right when you use their service. The courts will laugh a disclaimer as the one in the hoax out.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#55

Post by aneth4 »

objclxt wrote: post #45
rickmb wrote: post #38

As 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…

EULAs are "contracts of adhesion":

http://en.wikipedia.org/wiki/Standard_form_contract#Contract...

While they are not worthless, they are not nearly as binding or enforceable as your normal commercial contract. Standards vary and the jurisprudence is not clear, but indeed you "can't give up your civil rights with single click."

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#57

Post by lwat »

gadders wrote: post #7
Shenglong wrote: post #6

Earlier 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.

That's an instant 'unfriend' for me.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#58

Post by aes256 »

dotBen wrote: post #48
rickmb wrote: post #38

As 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…

Unless you feel you can dispute it, the jurisdiction for your use of Facebook and the jurisdiction underwhich you agreed to use Facebook is Santa Clara County, Calfiornia, United States. See 16.1 in https://www.facebook.com/legal/terms Also, although the EU has strict data retention and data-export laws, you agreed to give up when you signed up for Facebook because Facebook keeps its data in the US.

Doesn't work like that.

Anyone outside the US and Canada is doing business with Facebook Ireland Limited. They are bound by Irish law.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#59

Post by talmand »

objclxt wrote: post #45
rickmb wrote: post #38

As 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…

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 and tell that person what you know, but then you may face consequences for doing so.

Re: Posting a notice on your Facebook wall will not protect your privacy rights

#60

Post by edanm »

ck2 wrote: post #8

That little thing (sometimes huge thing) people put at the end of their emails that "this is confidential" is also pointless as you cannot enter into a confidentiality agreement that way.

You're wrong. (IANAL).

Let's say I'm a freelancer, and I enter into an NDA with company X. As part of the NDA, there is a definition of what exactly is the information that I need to keep confidential.

Now, my lawyers will push for a definition which is very specific and very explicit. How? They'll want Company X to mark every piece of confidential information with some kind of "confidential" mark. This way, I know explicitly about every piece of information that is supposed to be confidential.

Now, I'm guessing this is the same basic logic that big companies use when having this disclaimer. Anyone they've signed any kind of confidentiality agreement with might need to be explicitly told that this information is confidential.

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