Facebook in Court

In a surprising move, the Australian Information Commissioner has sued Facebook in Australia over giving access to personal information of thousands of Australians to Cambridge Analytica.

https://www.abc.net.au/news/2020-03-09/facebook-privacy-oaic-information-commissioner/12039642

https://www.businessnewsaus.com.au/articles/australian-information-commissioner-takes-facebook-to-court.html

"We consider the design of the Facebook platform meant that users were unable to exercise reasonable choice and control about how their personal information was disclosed," says Australian Information Commissioner and Privacy Commissioner Angelene Falk.

First Amendment and Social Media

Social media and First Amendment issues were debated in oral argument before the US Supreme Court in Packingham v. North Carolina.

See:  http://www.scotusblog.com/case-files/cases/packingham-v-north-carolina/

Issue:  Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic ticket, declaring “God is Good!”

In oral argument on 27 February 2017, Justice Kennedy drew an analogy between social media and the public square.  Justice Ginsburg said restricting access to social media would mean being cut off from a very large part of the marketplace of ideas.  The First Amendment includes not only the right to speak, but the right to receive information.

Ninth Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice

Media companies and other copyright holders may need to change the way they deal with infringing content on the Internet.  In a closely watched copyright case, Lenz v. Universal Music Corp. (also known as the "Dancing Baby" case), the United States Court of Appeals for the Ninth Circuit ruled yesterday that copyright holders must consider fair use before issuing takedown notices to remove allegedly infringing content from websites such as YouTube and Facebook. This decision has significant implications for owners of copyright-protected content, especially studios, record labels, publishers and other entities with large content catalogs, as well as individuals and businesses that rely on fair use to exploit copyrighted material owned by others. 

Redlands Council Threatens Lawsuit against Facebook Posters

See Brisbane Times

"Redland City Council has sought to shut down online criticism by sending threatening legal letters to residents over comments made on social media.

Five residents have received the legal threats in the past week over Facebook posts that suggested, among other things, that political donations from developers had swayed council decisions."

Hate Speech on Facebook

If someone posts something hateful, and possibly illegal, on your Facebook page, what should you do?

See Smart Company article about Anzac biscuits.

ASX rules on Social Media

The Australian Stock Exchange has continuous disclosure rules.  See Guidance Note 8, which has guidance about social media.  See also BRW article.

Netflix Facebook Blunder?

Netflix Inc said on Thursday securities regulators warned they may bring civil action against the company and its chief executive for violating public disclosure rules with a Facebook post, in a case that raises questions about how public companies communicate on social media.

The high-profile Silicon Valley CEO, Reed Hastings, dismissed the contention and said he did not believe the Facebook post was "material" information.

 Chicago Tribune and Forbes

Fake Facebook Copyright Notice

See Pogues Blog and Facebook Statement.  Facebook has not changed its rules regarding copyright ownership.

Trial By Social Media

See article in SMH and in B & T magazine.

Facebook Photo Removed

A business was found to have breached advertising standards in relation to a photo on Facebook.  See Smart Company

Smirnoff Responsible for Comments of Users on Facebook

“The Board considered that the Facebook site of an advertiser is a marketing communication tool over which the advertiser has a reasonable degree of control and could be considered to draw the attention of a segment of the public to a product in a manner calculated to promote or oppose directly or indirectly that product. The Board determined that the provisions of the Code apply to an advertiser’s Facebook page. As a Facebook page can be used to engage with customers, the Board further considered that the Code applies to the content generated by the advertisers as well as material or comments posted by users or friends.”


See Diageo Australia 

New gTLDs by Australian Companies

Here is my list of new gTLDs applied for by Australian companies, Universities and governments.  There were a number of Victorian Universities who applied, plus the NSW Government and the Victorian Government.  Commonwealth Bank made three applications, as did iSelect.  A number will be contested (as marked in bold) below.

• AFL
• AMP
• ANZ
• AUSPOST
• BEST
• BOND
• BOOK
• CANCERRESEARCH
• CBA
• CEO
• COMMBANK
• NETBANK
• COURSES
• FILM
• GLOBALX
• IINET
• KRED
• LATROBE
• COMPARE
• SELECT
• ISELECT
• CPA
• MELBOURNE
• MONASH
• NAB
• UBANK
• PHYSIO
• RMIT
• SALON
• SBS
• TAB
• TENNIS
• SEEK
• SELECT
• SEVEN
• STUDY
• SYDNEY
• WEBJET
• WOODSIDE
• YELLOWPAGES

There are a number of multiple applications for the one gTLD, such as ART, AUCTION, BOOK, BET, BABY, HOTEL, HOT, GROUP, GREEN, GAME, CLOUD, CLUB, AUDIO, AUTO, SECURITY, FREE, RIP, MOBILE, MUSIC, NEWS, NOW, ONLINE, PIZZA, PLAY, POKER, PROPERTY, RACING, RADIO, RESTAURANT, RUGBY, SALE, SCHOOL, SEARCH, SHOP, SITE, VIP and SUCKS.  There was one PORN application and two SEX applications (and one SEXY application).

There were two applications from New Zealand, KIWI and RIP.

Amazon made over 70 applications for words in English, and a bunch more in non-Roman text.  Google made about 100 applications, under the name Charleston Road Registry Inc..  Facebook did not make any applications.

Wrap up - current issues

John will be travelling interstate on Monday, so Carly will be taking his place for the last lecture.

This lecture will focus on current issues, using Facebook as a marketing case study.  Have a look at the following articles to start with:

IPO articles and here

marketing - 10 examples

marketing tips

facebook marketing bible

What are the risks of using social media as a marketing tool?

Jail time for Facebook Photos

A New South Wales man has been jailed for six months for posting nude pictures of his former lover on Facebook, Fairfax media has reported.

In the first social networking-related conviction in Australian history, Ravshan ”Ronnie” Usmanov posted six nude photos of his ex-girlfriend on Facebook shortly after they broke up.

The photos showed his ex-girlfriend "nude in certain positions and clearly showing her breasts and genitalia."

"I put the photos up because she hurt me and it was the only thing (I had) to hurt her," Usmanov, 20, was quoted by the Sydney Morning Herald as telling the police.

According to the report, Usmanov also emailed his girlfriend after posting the pictures, saying, “Some of your photos are now on Facebook."

The woman, who cannot be identified, requested Usmanov to take the pictures down but called the police when he refused.

In 2010, a New Zealand man was sentenced to four months in jail for posting a naked photo of his ex-girlfriend on Facebook.

His act was described as one of "irresponsible drunken rage" by presiding judge, who also said, "Technology can't be used in this way. You would do incalculable damage to someone's reputation."


Source:  Yahoo website

Privacy Lawsuit Against Twitter, Apple, Facebook

Privacy suit filed against Path, Twitter, Apple, Facebook, others
http://cnet.co/FOc5zl or PCMag

YAHOO Sues Facebook For Infringing 10 patents

Reuters reports Yahoo has sued Facebook for infringing 10 patents.

Article at:
    http://www.reuters.com/article/2012/03/12/us-yahoo-facebook-lawsuit-idUSBRE82B18M20120312

A copy of the lawsuit, with a list of the ten patents, is available at:
    http://www.scribd.com/doc/85094882/Yahoo-s-Patent-Lawsuit-Against-Facebook

False Names When Using the Internet

Attorney: Social networks must require real names
http://cnet.co/zvJ6Pf

Yahoo Facebook Patent War

 Yahoo has demanded licensing fees from Facebook for use of its technology, the companies said on Monday, potentially engulfing social media in the patent battles and lawsuits raging across much of the tech sector.

Yahoo has asserted claims on patents that include the technical mechanisms in the Facebook's ads, privacy controls, news feed and messaging service, according to a source briefed on the matter.

Representatives from the two companies met on Monday and the talks involved 10 to 20 of Yahoo's patents, said the source, who was not aware of what specific dollar demands Yahoo may have made for licenses.

See Yahoo and Managing IP

Online Privacy

A good comment:  "The piracy of online privacy".

"Online privacy doesn’t exist. It was lost years ago. And not only was it taken, we’ve all already gotten used to it. Loss of privacy is a fundamental tradeoff at the very core of social networking. Our privacy has been taken in service of the social tools we so crave and suddenly cannot live without. If not for the piracy of privacy, Facebook wouldn’t exist. Nor would Twitter. Nor even would Gmail, Foursquare, Groupon, Zynga, etc.  And yet people keep fretting about losing what’s already gone...."

Faceless Net Giants

A story in the Sydney Morning Herald:  "Faceless Net Giants Writing Own Rule Books."  If you upset Google (or Google Ireland -- the company that Google hides behind), they can just make you disappear.

"Australians use them more than any other websites and to many they have become essential services, oiling the wheels of life and commerce at the click of a mouse. 

But when Google or Facebook no longer wants you, it can be all but impossible to find out why, as internet entrepreneur Mark Bowyer and others have found to their cost.

Advertisement: Story continues below

Earlier this year Google banned ads from his travel website, Rusty Compass, because it said the site "poses a risk of generating invalid activity".