Security For All

don’t say a word or we’ll surely expose
that it’s you who are wicked and vile
anything you say will be used against you
and now it is you here on trial
from Don’t Say a Word by Cici Porter

For a long time now I’ve tried to get folks to realize that there is nothing private or protected about social networking. To wit, these posts here and here. In case you think I’m overreacting you should check out this post by Sharon Nelson in the {ride the lightning} blog.

Recently, Facebook spokesman Andrew Noyes said that the company has created a team led by a former FBI employee to manage requests for information in criminal cases. According to Noyes, a big part of the job is explaining the applicable laws and the limitations on access to Facebook user information. He said that Facebook strives to respect the balance between law enforcement’s need for information and the privacy rights of citizens.

To be fair to Sharon’s point in the post, judges are increasingly ruling on the side of individual privacy in cases with requests to make social network content discoverable or admissible. But the fact that the number of such cases have increased to the point that FaceBook needs a team to “manage requests for information in criminal cases” is my concern. It almost seems like this has progressed to the point that every social networking site should display your Miranda rights prominently. In actual fact FaceBook does display, albeit not terribly prominently, something like that in their Privacy Policy.

We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Statement of Rights and Responsibilities. This may include sharing information with other companies, lawyers, courts or other government entities.

Twitter has a similar statement in their privacy policy.

We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Twitter’s rights or property.

So what’s the big deal? These Web 2.0 site have to comply with the law just like everybody else. Exactly. So think about that the next time you want to post a photo of that truly epic party. You know, the one with the funny pictures of you and your peeps totally hammered and passing the bong. Or maybe that post where you really let everyone know how you feel about your sleazy ex. Just remember that you have been “Mirandized”. Sort of. And to the extent you have any rights you didn’t waive by using the social network.