PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Facebook and the Appropriation of Name or Likeness Tort

Facebook

A few days ago, I posted about Facebook’s new Social Ads and I argued that they might give rise to an action under the appropriation of name or likeness tort. The most common formulation of the appropriation tort is defined in the Restatement (Second) of Torts § 652C: “One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.”

A related tort, a spin-off of appropriation, is the “right of publicity” which as defined by the Restatement (Third) of the Law of Unfair Competition § 46: “One who appropriates the commercial value of a person’s identity by using without consent the person’s name, likeness, or other indicia of identity for purpose of trade is subject to liability for [monetary and injunctive] relief.”

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Responses to Blog Reviews of The Future of Reputation: Part I

Future of Reputation

A few weeks ago, I offered free review copies of my book, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale University Press, Oct. 2007) to bloggers who would agree to write a review of the book. A few reviews have now come in, and they are quite thoughtful and interesting. Many engage with the book at a more substantive level than the typical mainstream media reviews, and I’d like to discuss and respond to some of them.

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The New Facebook Ads — Starring You: Another Privacy Debacle?

Facebook Social Ads

Facebook recently announced a new advertising scheme. Instead of using celebrities to hawk products, it will use . . . you! That’s right, pictures of you and your friends will appear on Facebook ads to make products more enticing to Facebook customers.

As Facebook’s website describes its new “Social Ads” program:Continue Reading

How to Get a Free Copy of The Future of Reputation

Future of Reputation

Are you a blogger?

Are you interested in the issues of Internet gossip, rumor, privacy, anonymity, and free speech?

Are you interested in writing a short book review?

If so, I’m offering you a free review copy of my new book, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet.

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