Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Maybe you can convince of something.

Most people from the next generation use Facebook. They're not ignorant of how they use it--they use their privacy settings to hide posts from the public.

However Facebook's ToS says [0] Facebook may use any information you share with them "to protect Facebook's or others' rights or property". So hypothetically, if Facebook felt some policy of a presidential candidate threatened "Facebook's rights", they would be in the clear, legally speaking, to publish those photos of you smoking a joint at 18.

So what is the difference exactly between Facebook publishing a photo of a joint and an old Guardian article? They are both expressions of speech. They are both things that the public arguably has a right to know. They are both cases where there is no legal impediment to the speech--other than, in your words, the "right to censor criticism or true facts about yourself." On what basis can we say one is allowed and not the other? I cannot generate a reason for analyzing these situations differently, although I very much want to. I suggest we have to either allow both, or forbid both.

This analysis would suggest that free speech and privacy have a very fundamental conflict--that the gain of one comes at the expense of the other. Increasingly, the right to privacy is really the right to prevent others from publishing information about you that they lawfully and ordinarily collect. I grow increasingly doubtful that we can achieve both outcomes--I think at some point we will have to choose sides.

[0] https://www.facebook.com/about/privacy/your-info#howweuse



>>> they would be in the clear, legally speaking, to publish those photos of you smoking a joint at 18.

So what? We know three of the last US presidents used drugs when they were young. For none of them it was a major problem. If they had seriously bad things done in the past - that would be a problem, but the we want to know about it. Knowing that the presidential candidate smoked weed in college doesn't hurt him anymore - we already know pretty much everybody did it anyway.

>>> This analysis would suggest that free speech and privacy have a very fundamental conflict

Only if you define privacy as "ability to go back in time and undo public things that I did". In my book, privacy doesn't mean that. 1984's memory holes are not privacy, they are an instrument of oppression and mind control. I don't see why somebody would be allowed to control my mind and make me forget things about them that they no longer consider beneficial to them. So I know which side I would choose - the opposite of where 1984 is and where EU is heading now.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: