PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Should Megan Meier’s Tormentors Be Shamed Online?

Cyberbullying

I previously blogged about the Megan Meier case, where some adults created a fake MySpace account to torment a teenage girl (Megan Meier). The adults pretended to be a boy who befriended Megan online and won her affections, only to viciously dump her and hurl insults at her. The incident led to Megan’s suicide.

The newspaper that reported the story opted not to include the names of the adults who engaged in the cyber-bullying of Megan. The journalists concluded that it could spark vigilantism against the adults and their children, and therefore decided not to report their names.

Enter the blogosphere. As Kim Zetter writes in her terrific story at Wired:

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The Facebook-Fandango Connection: Invasion of Privacy?

Facebook Fandango

Facebook recently rolled out a new advertising program called Social Ads, where Facebook users’ images, names, and words are used to help advertise products and services. I blogged about Facebook’s Social Ads here and here, contending that they are likely a violation of the tort of appropriation of name or likeness as well as the right to publicity tort.

Peter Lattman at the WSJ Blog has a great new post about Facebook that throws in another even more troubling wrinkle:

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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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The New FISA Amendments and Immunity for Telecommunications Companies

NSA Surveillance

For the past several months, Congress has been wrangling over how to amend the Foreign Intelligence Surveillance Act to allow for the NSA warrantless surveillance program. The fact that the NSA surveillance program was clearly illegal — even under charitable creative dubiously-plausible fantastical interpretations of the law — seems to have quickly been forgotten. The focus now is on how to make it all legal. After all, if the President violates the law, it’s much easier to change the law than to do anything about it.

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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 Can We Prevent Abuses of Classifying Information?

Redact Document

I previously blogged about how the U.S. Court of Appeals for the Second Circuit attempted to edit out information about a rather seedy interrogation technique from its opinion. Over at the Volokh Conspiracy, Jonathan Adler writes about another case involving a similar redaction:

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Christopher Slobogin’s Privacy at Risk

Privacy at Risk

Professor Christopher Slobogin (University of Florida College of Law) has just published Privacy at Risk: The New Government Surveillance and the Fourth Amendment (U. Chicago Press, Nov. 1, 2007). According to the book description:

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