Facebook gained attention in 2012 when it acquired Glancee, a mobile app which tracks your whereabouts
and allows your friends to locate you. A year later, reports indicate that
Facebook has such a mobile tracking app in the works. The application is designed to bring friends
closer together and connect its users with others who have similar interests to
them. This type of service, currently offered through similar applications such
as Highlight and Banjo, are targeted towards a young, extroverted demographic
that seeks “[E]xisting or new pals for drinks, dancing, sipping coffee or
sexual hookups.” While the details of Facebook’s app remain to be seen,
insiders have revealed that the app will continue to operate even when the
application or the smartphone itself is not in use. The release date is rumored
to be mid-March.
Because Facebook’s user base is nearly 1 billion (approximately
the third largest country in the world), privacy advocates are concerned about the
risks associated with such an application. Girls
Around Me, an application that monitored and tracked the check-ins of women
through Facebook and Foursquare, was removed from Apple’s App Store after
numerous complaints of stalking (though the app did not specifically violate
any of Apple’s policies). Is Facebook treading in similar waters?
While there are benefits to such an application (perhaps you could truly forge friendships with those you wouldn’t otherwise meet and the technology permits your loved ones to know you're safe), the privacy concerns are obvious. As Jules Polonetsky of the Future of Privacy Forum puts it, “I totally get that my neighbor knows when I come and go and may even say, ‘We haven’t seen you in a while—is everything OK?’ But if someone else seemed to know about my comings and goings . . . I don’t know.”
How Facebook implements the tool is critical. Members must
be given the opportunity to opt out of the service, not be automatically
enrolled. Still, privacy concerns remain. We all know that Facebook (and many
other websites) track your browsing history for advertising purposes, but is
this taking tracking too far? Proponents of similar location-based applications
argue that this is the future of the social networking— translating online experiences
into real life experiences. The criticism this app is generating is to be
expected says Paul Davison, CEO of a competing service, Highlight. This
backlash occurs any time a new technology platform is released. “Most of us
look at it and think, ‘That’s weird. That’s creepy and I don’t like it.’ What
you normally see is a subset of people saying ‘That is kind of crazy, but I’ll
try it out.’ And they see it’s pretty rewarding and fun.” Polonestsky adds “[C]reepy is sometimes in the
eye of the beholder. One person’s creepy is another tech enthusiast’s tool.”
Maybe I’m being overly cautious. Perhaps this is an aspect
of social media the public is prepared to recognize. As Justice Alito noted in
U.S. v. Jones “The availability and use of these [social tools] and other new
devices will continue to shape the average person’s expectations about privacy
and of his or her daily movements.” In any event, such advancements call for
heightened self-monitoring and the need to be a savvy social networker.
Alex,
ReplyDeleteAs we will see later, many privacy advocates would insist upon an opt-IN design, where a user chooses to activate a service, rather than an opt-OUT where it becomes active by default. But query whether, to take Jules Polonetsky's frame, we should set the default based on those who think it is "creepy" or the "tech enthusiasts." This dispute often arises in questions about social media architecture and also practices such as behavioral advertising.
Also, can you please link to the sources for the Polonetsky and Scalia quotes? Thanks!
McG
I wonder how effective regulation could be for requiring opt-in. I know in the world of banking regulation, there has been a significant push by the CFPB to require people to "Opt-in" to overdraft fees. Banks get around this by (1) making nicer sounding words like "Overdraft protection", (2) continually asking to re-input your answer until you give the answer the bank wants, and (3) presenting two options were you had to affirmatively select one.
ReplyDeleteI assume internet companies would follow suit.
I also wonder about regulating to require opt-in. So far, it seems that all related proposed legislation is focused on opting out (e.g. Consumer Privacy Protection Act of 2011, Do Not Track Me Online Act of 2011) and most of those have died in committee anyway. Similarly, California's proposed Do Not Track (Senate Bill 761) hasn't really gone anywhere and it was only an opt-out requirement. I think that opt-in is the better way to go, but I just don't see it being turned into a statutory/regulatory requirement any time soon.
ReplyDeleteFun article on Facebook and privacy settings - some points on how to opt-out.
ReplyDeletehttp://www.nytimes.com/2013/02/07/technology/personaltech/protecting-your-privacy-on-the-new-facebook.html?src=me&ref=general