Law in the Internet Society

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DonnaAckermannSecondPaper 3 - 07 Dec 2009 - Main.BrianS
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-- DonnaAckermann - 06 Dec 2009
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 Donna - As someone who has begged friends to take pictures off facebook, I found this piece very interesting. As you point out, we must be aware that every social interactive we have has the potential to be published worldwide. Although you acknowledge that legislative action would be difficult to achieve, I am curious if you have any thoughts about what an ideal statute would look like if one were to exist. I'm not sure if this is relevant, but do you think something like the new anti-paparazzi law recently passed in California, could be expanded to at least protect non-celebrity from having unwanted pictures posted online? Also, do you think the sheer number of blogs, tweets, etc., might limit the harms caused?

-- BradleyMullins - 06 Dec 2009

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Donna,

This is an interesting paper, and I agree with your conclusion that privacy loss stemming from third-parties is highly-relevant and very problematic. I don't know how to address it; I think most statutes trying to would have real first amendment problems. I also balk at the idea of requiring someone to get permission to talk about others that are part of their life; if information ownership generally is a problem, how much of a greater problem is it if the class of protectable content expands to news of the day too! The only other thing that came to mind is a question I do not know the answer to: in some jurisdictions, aren't there privacy laws against widespread public disclosure of true facts that are non-newsworthy and that would offend a reasonable person? I was under the impression that in some places there were and that these laws, separate from defamation, did not include truth of the disclosed material as a defense. I don't know the status of such laws, and even if they do exist you might still make the point that you believe they are insufficient for this purpose. Just something that came to mind.

-- BrianS - 07 Dec 2009

 
 
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Revision 3r3 - 07 Dec 2009 - 05:55:39 - BrianS
Revision 2r2 - 06 Dec 2009 - 23:11:56 - BradleyMullins
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