Irish Boomeran- Austrian Students Forces Facebook to change privacy policies

Facebook Privacy: Privacy Lawsuit Accuses Facebook of Data Collection Misconduct

facebook-privacySome Facebook users have filed suit in a California state court claiming that Facebook violates state privacy laws. Since at least 2005, California has been on the cutting edge for protecting consumer data online. From an Internet law standpoint, state laws create a mass of confusion that really should be trumped by federal law. Why should a website owner based in New York, for example, be required to keep up to date on online privacy laws in 49 other states? That’s about as ridiculous as making the site owner collect state and local taxes wherever a purchaser happens to be located and remit it to the taxing authority.

Although ripe for federal preemption because of interstate commerce issues, be careful what you wish for. The power to legislate is the power to control those legislated. If you’re doing business in an Internet-friendly state like Texas, you may not be too happy with what Congress passes as an omnibus Internet privacy law…plus the regulations to go with it. Expect at a minimum a requirement that data collection occur only after affirmative opt-in to the collection process by site visitors, users, and customers. In other words, informed consent.

As for the particular Facebook suit, regardless of the outcome, expect user privacy protections to increase so that Facebook can continue to do business in other countries that are even more protective of privacy rights than the United States.

Hat tip: Jessica Vascellaro at WSJ

Cash for Clunkers: Government Computer Spy Program

junk carsWhen you take advantage of the cash for clunkers car program (the Car Allowance Rebate System), the U.S. federal government gets to play computer spy without your permission.

Here’s how it works.

The National Highway Traffic Safety Administration (NHTSA) mandates car dealers register in orderĀ  to participate in the program. However, a condition of registration requires the dealers to surrender all data on their computers and treats those car dealer computers as if they were owned by the federal government.

Now imagine if you tried to pull a stunt like this when someone bought a product from your website. In other words, every purchaser was agreeing as part of the buying process to surrender complete access to their computer files to you and allow you to treat their private data on their computers as if you owned it. Want to bet how long it would take for the U.S. Federal Trade Commission (FTC) to come after you and how quickly you’d be sued for deceptive trade practices?

Yet somehow privacy rights advocates who have been complaining after 9/11 about Big Brother aren’t saying anything about the spying for clunkers program. Makes you wonder if their agenda has anything to do with privacy or perhaps just partisan hit jobs depending on who they like to see in the Oval Office.

Let’s be frank. Invasion of privacy is invasion of privacy. It shouldn’t matter which political party is responsible for doing it. If the Republicans did it under the Patriot Act, it doesn’t justify the Democrats doing it under the Cash for Clunkers program. Both are shredding your constitutional rights.

Hat tip: Washington Times

When Your Naughty Photos or Videos are Posted on the Internet

naughty-photo semi-nude not-miley-cyrusThere’s been a lot of recent controversy over the semi-nude pics in Vanity Fair of 15-year-old Hannah Montana star Miley Cyrus. She claims embarrassment after the fact. My guess is that the Disney execs went ballistic when they saw the “good girl” brand being tarnished.

Her parents should be ashamed for pimping out their daughter for the photos. Is she auditioning to replace Britney Spears as the next train wreck?

If you’ve ever posed for embarrassing photos or videos and then [Read more...]

Irish Boomeran- Austrian Students Forces Facebook to change privacy policies

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