Comments on: Privacy and Tattletales http://www.concurringopinions.com/archives/2009/11/privacy-and-tattletales.html The Law, the Universe, and Everything Sat, 20 Mar 2010 00:24:59 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Neil Richards http://www.concurringopinions.com/archives/2009/11/privacy-and-tattletales.html/comment-page-1#comment-66419 Neil Richards Wed, 25 Nov 2009 15:40:55 +0000 http://www.concurringopinions.com/?p=22332#comment-66419 I've worried about this problem, too. In cases like these, there's probably no breach of the contractual privacy policy, tort privacy law, or statutory privacy rules. But that doesn't mean what the journalist did was right/optimal/fair/nice/etc. I've argued that where privacy law is inapplicable (or inappropriate), norms can and should fill the gap. Specifically, web admins need to adopt the professional norms of confidentiality that librarians have adopted for decades. The argument can be found in longer form here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108268 I’ve worried about this problem, too. In cases like these, there’s probably no breach of the contractual privacy policy, tort privacy law, or statutory privacy rules. But that doesn’t mean what the journalist did was right/optimal/fair/nice/etc. I’ve argued that where privacy law is inapplicable (or inappropriate), norms can and should fill the gap. Specifically, web admins need to adopt the professional norms of confidentiality that librarians have adopted for decades. The argument can be found in longer form here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108268

]]> By: AYY http://www.concurringopinions.com/archives/2009/11/privacy-and-tattletales.html/comment-page-1#comment-66361 AYY Sun, 22 Nov 2009 04:02:27 +0000 http://www.concurringopinions.com/?p=22332#comment-66361 But they didn't rat him out based on something he said on his own computer. If he used a school computer hasn't he waived his privacy rights as to the school's knowledge of what he's doing? But they didn’t rat him out based on something he said on his own computer. If he used a school computer hasn’t he waived his privacy rights as to the school’s knowledge of what he’s doing?

]]> By: anon http://www.concurringopinions.com/archives/2009/11/privacy-and-tattletales.html/comment-page-1#comment-66351 anon Sat, 21 Nov 2009 04:45:17 +0000 http://www.concurringopinions.com/?p=22332#comment-66351 They characterize their privacy policy and terms of use as contractual - "These Terms of Use and the Privacy Policy constitute the entire agreement between you and us." In the privacy policy, they acknowledge they collect IP addresses, but then describe a use for those IP addresses that does not include ratting you out to your boss. They also promise not to release personally identifiable information without permission, but state inaccurately that IP addresses are not personally identifying. Browsewrap contracts are sketchy, and it's often not clear whether privacy problems are really "agreements" or just aspirational, but their own documents create a litigable legal issue, in my opinion. They characterize their privacy policy and terms of use as contractual – “These Terms of Use and the Privacy Policy constitute the entire agreement between you and us.”

In the privacy policy, they acknowledge they collect IP addresses, but then describe a use for those IP addresses that does not include ratting you out to your boss. They also promise not to release personally identifiable information without permission, but state inaccurately that IP addresses are not personally identifying.

Browsewrap contracts are sketchy, and it’s often not clear whether privacy problems are really “agreements” or just aspirational, but their own documents create a litigable legal issue, in my opinion.

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