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

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

#81

Post by chacham15 »

aneth4 wrote: post #55
objclxt wrote: post #45

Earlier 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…

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."

No, the fact that it is a contract of adhesion only goes to show that there was procedural unconscionability, you still need to prove that there is substantive unconscionability in order to show that the contract is unfair and therefore unenforceable. So yes, you can "give up your civil rights with single click." (At least as far as American law is concerned)

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

#82

Post by randomafk »

Shenglong wrote: post #6
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…

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.

I can't tell how serious you are, but if you're going to call a friend stupid just because he falls for online "scams" from time to time I don't think I would want to be friends with you.

That's pretty damn quick to judge. You have more experience with tech -- get over yourself. I'm sure they know things that you don't.

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

#83

Post by TomorrowMars »

What is so disheartening about so many of my facebook contacts sharing this? That it is a simple manifestation of the power of herd mentality. You are talking about mature adults with not just children and property, but with degrees of higher education not adhering to the base principles of reason. If an "educated" person does not bother to verify perceived facts before acting on them, what other imbecile lemming behavior are they capable of? There truly are no innocents.

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

#84

Post by polymatter »

SEMW wrote: post #70
objclxt wrote: post #45

Earlier 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…

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: "…

For those of us who are not yet even studying law, SOGA1979 is the Sales of Goods Act 1979 and UCTA1979 is the Unfair Contract Terms Act 1979. There are also several ammendments that have been made to them more recently (if anyone else had heard of Sale of Goods Act 1995).

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

#85

Post by jrockway »

michaelfeathers wrote: post #68
eurleif wrote: post #63

Earlier quoted context omitted.

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.

They also have the ability to hand deliver a big bag of cookies to your house. The problem is, it's expensive and doesn't scale to their 3 billion users (or whatever it is).

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

#86

Post by Tyrannosaurs »

dredmorbius wrote: post #51
dotBen wrote: post #48

Earlier quoted context omitted.

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.

Jury Nullification is a concept in criminal law, it has no basis in civil law under which this would be argued.

In civil law if the jury completely disregarded the facts / the law to the point that the judge believes that no reasonable jury could have reached the decision they did, the judge would be likely to enter a judgement not withstanding verdict whereby he or she basically says "I know what the jury said but they're wrong".

https://en.wikipedia.org/wiki/Judgment_notwithstanding_verdi...

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

#88

Post by talmand »

nthj wrote: post #64
talmand wrote: post #59

Earlier quoted context omitted.

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 ref…

I suppose I did word that rather badly.

I would rather say that you can say whatever you wish, but you may face consequences based on what you said and the topic covered. I'm just trying to get across that too many people use "free speech", in US terms, incorrectly.

The government punishes people all the time for speech it "dislikes". Many people are in prison right now for that reason, usually because it involved people signing NDAs. Seems you have free speech in terms of unpopular speech aimed at the government as long as you didn't promise not to speak in the first place. Well, also as long as you don't say something the government doesn't want public; you know, national security and all that.

I would say that there are possible consequences to the concept that people label as "free speech", it's just that not all of them involve the government. Many people say things like "this forum mod deletes my posts, that violates my free speech" which in fact it does no such thing. You can criticize the government all you want but private entities can react to that as they please.

In other words, "free speech" is a very tricky thing.

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

#89

Post by dredmorbius »

Tyrannosaurs wrote: post #86
dredmorbius wrote: post #51

Earlier quoted context omitted.

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

Jury Nullification is a concept in criminal law, it has no basis in civil law under which this would be argued. In civil law if the jury completely disregarded the facts / the law to the point that the judge believes that no reasonable jury could have reached the decision they did, the judge would be likely to enter a judgement not withstanding verdict whereby he or she basically says "I know what the jury said but t…

Thanks. I should've known that, really. Was looking for the civil equivalent of a finding for a party that would tend to go against the apparent legal facts of a case.

I'm not sure how much faith I put in juries, but sometimes they do the right thing.

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