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When Facebook Privacy Settings Don’t Work: Part Two of the Series (May 24, 2013)



This report marries that data with insights and quotes from in-person focus groups conducted by the Youth and Media team at the Berkman Center for Internet & Society at Harvard University beginning in February 2013. The focus groups focused on privacy and digital media, with special emphasis on social media sites. The team conducted 24 focus group interviews with 156 students across the greater Boston area, Los Angeles (California), Santa Barbara (California), and Greensboro (North Carolina). Each focus group lasted 90 minutes, including a 15-minute questionnaire completed prior to starting the interview, consisting of 20 multiple-choice questions and 1 open-ended response. Although the research sample was not designed to constitute representative cross-sections of particular population(s), the sample includes participants from diverse ethnic, racial, and economic backgrounds. Participants ranged in age from 11 to 19. The mean age of participants is 14.5.




When Facebook Privacy Settings Don’t Work – Part Two (May 24, 2013)



Messages about protecting your copyright or privacy rights on Facebook by posting a particular legal notice to your Facebook wall have been periodically circulated on that social network for many years, and all of them are variants of an older rumor holding that posting a similar notice on a website would protect that site's operators from prosecution for piracy:


On June 24, 2013, by making full use of my mental faculties and my ownership of this account in Facebook, I declare, to whom it may concern, and in particular to the administrator of the company Facebook, my author rights which are related to all my personal information, comments, texts, articles, illustrations, comics, paintings, photos, professional videos and other publications in electronic format that I spread on this site under my signature. The above on the basis of the principle enshrined in the Berne Convention for the protection of literary and artistic works, as well as with regard to the respective national copyright law. For commercial use of the aforementioned items, always must be by my written consent. By this statement, I give notice to Facebook it is strictly forbidden to disclose, copy, distribute, or take any other action against me based on this profile and/or its contents. These prohibited actions also apply to employees, students, agents or members of any team, under the direction or control of Facebook. The content of this profile is private and confidential information. The violation of privacy can be punished by law (UCC 1-308 - 1 1 308-103 and the Rome Statute). Note: Facebook is now a public entity. All members must post a note like this. If you prefer, you can copy and paste this version. If you do not publish a statement at least once, it will be tactically allowing the use of your photos, as well as the information contained in the profile status updates. Do not share; copy and paste


First off, the "problem" this ineffective solution supposedly addresses is a non-existent one: Facebook isn't claiming copyright to the personal information, photographs, and other material that their users are posting to the social network, nor have they announced any plans that would make all Facebook posts public (even previously deleted ones) regardless of a user's privacy settings):


Before you can use Facebook, you must indicate your acceptance of that social network's legal terms, which includes its privacy policy and its terms and policies. You can neither alter your acceptance of that agreement nor restrict the rights of entities who are not parties to that agreement simply by posting a notice to your Facebook account, citing the Uniform Commercial Code (UCC), or referencing the Berne Convention. (One of the common legal talismans referenced above is UCC Section 1-308, which has long been popular among conspiracy buffs who incorrectly maintain that citing it above your signature on an instrument will confer upon you the ability to invoke extraordinary legal rights.)


The fact is that Facebook members own the intellectual property (IP) that is uploaded to the social network, but depending on their privacy and applications settings, users grant the social network "a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)."


While the social network does not technically own its members content, it has the right to use anything that is not protected with Facebook's privacy and applications settings. For instance, photos, videos and status updates set to public are fair game. 2ff7e9595c


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