Media Law

Media Law:Online Privacy

ByScott Carroll

Questions

1. Are cookies, small text files or programs to track a website viewer’s online preferences, an invasion of privacy? Do websites have the right to know their users browsing habits? Why or why not?

Questions

2. Many employers use the web (Facebook, Twitter, Google, etc.) to perform background checks on potential employees. Why could this be considered an invasion of privacy? Why could it be considered fair practice?

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Questions

3. Social media sites like Facebook and Myspace use personal information (age, likes & dislikes, location)provided by their users to help advertisers target customers. Why or why not should they be allowed to do so? What privacy problems could arise from this practice?

Questions

4. Users of Facebook cannot actually delete their accounts; they merely remain dormant in case the user chooses to reactivate their account later on, meaning Facebook keeps all user info during the dormant period. What could Facebook be using this info for, besides advertising? Why or why not should Facebook be allowed to keep user information?

Questions5. Criminals such as sex

offenders may have their prior offenses, mug-shots, and personal info, like current address or workplace, posted online for the public to view. Why don’t the privacy rights of normal citizens apply to criminal offenders online?

Questions

6. What makes identity theft a concern on the internet? How can information provided in online banking, shopping, downloading, and other online activities be used against the user?

Questions7. Social media such as Twitter,

Facebook, Myspace, and specifically blogs, makes it easy to post information about other people, true or not. As the scope of the internet allows such content to be seen by anyone, what kind of privacy rules should be enforced to protect users from slander or libel? What kind of rules are currently enforced by social media sites?

Questions

8. Children often have to register information online to visit some sites (games, Myspace, etc.) . What measures should be taken to ensure the privacy of children online?

Legal Case: Sarah Palin’s hacked email account

• Hacker impersonates Palin online in September 2008

• Steals password• Publishes Palin’s emails online• FBI and Secret Service investigation follow• McCain-Palin campaign calls

hacking “an invasion of Palin’s privacy.”

Huffington Post

Screen grabs of Palin’s account

Email hack(continued)• Yahoo’s “forgot my

password” service exploited• Security issues raised –

hacker only had to guess where Palin met her husband to gain access to account

• Violation of 1986 Electronic Communications Privacy Act

Email hack (continued)

• Authorities search apartment of University of Tennessee student David Kernell in Knoxville

• Kernell is the son of TN state rep. and Memphis Democrat Mike Kernell

Email hack (continued)

• Kernell is indicted in October 2008 on charges of intentionally accessing Palin’s email without authorization

• Pleads “not guilty” in federal court• Trail pushed back to October 2009 as 3 more

charges arise-fraud-unlawful electronic transmission of material outside Tennessee-attempting to conceal records to impede an FBI investigation

Conclusion• Lines of privacy blurred

online• User not always in control

of own information• Few laws exist that define

privacy on the web• Blatant invasions of

privacy can be punished• Private information and

free information on web not extensively defined

Sources

• Huffington Post. Three More Charges in Sarah Palin Hacking Case. September 17, 2008. <www.huffingtonpost.com/huff-wires/20090309/palin-hacked/>

• Huffington Post. Palin email Hack: Man Indicted. October 8, 2008. <www.huffingtonpost.com/2008/10/08/palin-email-hack-man-indi_n_132902.html>

• Huffington Post. Palin email Hacking Case Results in FBI Search of Apartment. <www.huffingtonpost.com/2008/09/22/palin-email-hacking-case_n_128315.html>

• Huffington Post. Palin’s email Account Hacked (Photos). <http://www.huffingtonpost.com/2008/09/17/palins-email-account-hack_n_127184.html>

Sources (continued)

• Students interviewed-Justin Perry, junior history major-Mike Bridges, junior business major-Bethany London, junior undeclared