Who Owns Your Facts?

Posted on September 21, 2006 in Internet Privacy Social Media

Bruce Schneier writes:

Privacy used to be about secrecy. Someone defending himself in court against the charge of revealing someone else’s personal information could use as a defense the fact that it was not secret. But clearly, privacy is more complicated than that. Just because you tell your insurance company something doesn’t mean you don’t feel violated when that information is sold to a data broker. Just because you tell your friend a secret doesn’t mean you’re happy when he tells others. Same with your employer, your bank, or any company you do business with.

But as the Facebook example illustrates, privacy is much more complex. It’s about who you choose to disclose information to, how, and for what purpose. And the key word there is “choose.” People are willing to share all sorts of information, as long as they are in control.

When Facebook unilaterally changed the rules about how personal information was revealed, it reminded people that they weren’t in control. Its eight million members put their personal information on the site based on a set of rules about how that information would be used. It’s no wonder those members — high school and college kids who traditionally don’t care much about their own privacy — felt violated when Facebook changed the rules.

Unfortunately, Facebook can change the rules whenever it wants. Its Privacy Policy is 2,800 words long, and ends with a notice that it can change at any time. How many members ever read that policy, let alone read it regularly and check for changes? Not that a Privacy Policy is the same as a contract. Legally, Facebook owns all data members upload to the site. It can sell the data to advertisers, marketers, and data brokers. (Note: there is no evidence that Facebook does any of this.) It can allow the police to search its databases upon request. It can add new features that change who can access what personal data, and how.

But public perception is important. The lesson here for Facebook and other companies — for Google and MySpace and AOL and everyone else who hosts our e-mails and webpages and chat sessions — is that people believe they own their data. Even though the user agreement might technically give companies the right to sell the data, change the access rules to that data, or otherwise own that data, we — the users — believe otherwise. And when we who are affected by those actions start expressing our views — watch out.

How much freedom we have lost due to the Net!

Check out this new screaming cellphone.

And check out this truly miraculous picture of the ISS and Atlantis.