A serious ? about social media

4shotB

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from someone who doesn't use any of the various forms (unless a place like this is considered social media but I don't think that is the case). We have all seen internet footage of dumb (and occasionally "normal") people doing dumb things while being filmed by others. Some of these then "go viral".What do our laws say about such things? If I am out in public does anyone have the right to film me and then post it to social media? Somehow,that seems odd to me. I know this question is about 30 years late but I am (and have been) curious. How has the law evolved around this topic (if at all)? Thanks in advance for any insight you can provide.
 

MidtownJacket

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from someone who doesn't use any of the various forms (unless a place like this is considered social media but I don't think that is the case). We have all seen internet footage of dumb (and occasionally "normal") people doing dumb things while being filmed by others. Some of these then "go viral".What do our laws say about such things? If I am out in public does anyone have the right to film me and then post it to social media? Somehow,that seems odd to me. I know this question is about 30 years late but I am (and have been) curious. How has the law evolved around this topic (if at all)? Thanks in advance for any insight you can provide.
Generally for non-celebrity/politician types if you don't have a "reasonable expectation of privacy" it is fair game. State laws do sometimes differ from eachother and there are Federal policies to be aware of too. For the most part though, if you're out in public it's hard to find legal cause to stop or force someone to delete recordings of you.

I am not a lawyer, don't take this as gospel.
 

Supersizethatorder-mutt

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Not sure why you would not consider this site to be social media. That's exactly what it is, in spite of the fact that is "reserved" for Tech fans. Just because a particular forum is dedicated to a particular group of people doesn't mean that it is not social media. And unfortunately it seems to be operated just like most of the other non-dedicated social media sites.
 

4shotB

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Not sure why you would not consider this site to be social media. That's exactly what it is, in spite of the fact that is "reserved" for Tech fans. Just because a particular forum is dedicated to a particular group of people doesn't mean that it is not social media. And unfortunately it seems to be operated just like most of the other non-dedicated social media sites.
Thanks for the clarification supersize. I guess the term "social media" was/is a bit vague in my mind.
 

4shotB

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Generally for non-celebrity/politician types if you don't have a "reasonable expectation of privacy" it is fair game. State laws do sometimes differ from eachother and there are Federal policies to be aware of too. For the most part though, if you're out in public it's hard to find legal cause to stop or force someone to delete recordings of you.

I am not a lawyer, don't take this as gospel.
Fortunately, this is one question that I am not "asking for a friend". I don't think it's the photos or recordings that bother me as much as it is the distribution of same. Some of these seem malicious although you could argue that one shouldn't do stupid things in public. Like most of my peers in my age group, I thank the good Lord above that this stuff wasn't around in my younger years!!!!:facepalm::wtf:
 

Gtbowhunter90

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When in public, unless you are on private property i.e. Walmart, Applebees etc. You can be filmed. But filming people in public definitely results in a lot of fights. I really think the public filming laws need to be tweaked. You shouldnt get punished for standing your ground when someone is acting belligerent with a camera/phone in public. Also, some people might be trying to hide out (for good and bad reasons) and they get outed because someone recorded their location and full face unknowingly. Its really a touchy subject
 

GT_EE78

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from someone who doesn't use any of the various forms (unless a place like this is considered social media but I don't think that is the case). We have all seen internet footage of dumb (and occasionally "normal") people doing dumb things while being filmed by others. Some of these then "go viral".What do our laws say about such things? If I am out in public does anyone have the right to film me and then post it to social media? Somehow,that seems odd to me. I know this question is about 30 years late but I am (and have been) curious. How has the law evolved around this topic (if at all)? Thanks in advance for any insight you can provide.
I'm still irritated that google was allowed to photo my house and put that on google maps
 

FredJacket

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I'm still irritated that google was allowed to photo my house and put that on google maps
If you think too hard about it.... personal privacy is really a thing of the past. I'm with you (I think). The collective "we" have allowed this to happen. People are just too eager to SEE what other people have and are up to... that desire far out-weighs their own interest in protecting their own privacy. The imbalance is stark. I wish someone could quantify the damage we've done.
 

GT_EE78

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If you think too hard about it.... personal privacy is really a thing of the past. I'm with you (I think). The collective "we" have allowed this to happen. People are just too eager to SEE what other people have and are up to... that desire far out-weighs their own interest in protecting their own privacy. The imbalance is stark. I wish someone could quantify the damage we've done.
check your cell phone bill. how did cell companies get congress to allow billing both parties instead of the caller only as had been the system for the prior 50-75 years?
 

4shotB

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When in public, unless you are on private property i.e. Walmart, Applebees etc. You can be filmed. But filming people in public definitely results in a lot of fights. I really think the public filming laws need to be tweaked. You shouldnt get punished for standing your ground when someone is acting belligerent with a camera/phone in public. Also, some people might be trying to hide out (for good and bad reasons) and they get outed because someone recorded their location and full face unknowingly. Its really a touchy subject
After reflecting on this, I have a hypothetical ?. Say Tom films a husband and wife in a drunken brawl. The fight takes place at either A) Joe's house or B) the Applebee's. Would the couple have legal recourse against Tom AND Joe or Applebee's? Or just Tom?

Again, I am not asking for a friend nor am I going to use this as legal counsel to guide me in my future actions. This is just a subject of curiousity for me. And I agree that we don't value (or DEMAND) privacy as we once did.
 

bwelbo

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After reflecting on this, I have a hypothetical ?. Say Tom films a husband and wife in a drunken brawl. The fight takes place at either A) Joe's house or B) the Applebee's. Would the couple have legal recourse against Tom AND Joe or Applebee's? Or just Tom?

Again, I am not asking for a friend nor am I going to use this as legal counsel to guide me in my future actions. This is just a subject of curiousity for me. And I agree that we don't value (or DEMAND) privacy as we once did.
Well, technically there is no right to privacy in the constitution. There are laws around publishing pictures and personally identifying information of minors. Its more of the wild wild west when you get to adults...although there are some laws against recording or filming people against their consent.
 

4shotB

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Well, technically there is no right to privacy in the constitution. There are laws around publishing pictures and personally identifying information of minors. Its more of the wild wild west when you get to adults...although there are some laws against recording or filming people against their consent.
That is what I suspected and a bit disturbing quite frankly. If anyone can post photos or videos without my permission, it makes me wonder how safe I really am in this so called witness protection program. ;)
 

Gtbowhunter90

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After reflecting on this, I have a hypothetical ?. Say Tom films a husband and wife in a drunken brawl. The fight takes place at either A) Joe's house or B) the Applebee's. Would the couple have legal recourse against Tom AND Joe or Applebee's? Or just Tom?

Again, I am not asking for a friend nor am I going to use this as legal counsel to guide me in my future actions. This is just a subject of curiousity for me. And I agree that we don't value (or DEMAND) privacy as we once did.
hmm.... well private property is private despite if its commercial or residential property, but I ASSUME if Joe is recording a wife and husband beating on each other or committing some other crime, then at that point making a video record inside an establishment or home without consent would be alright. There is so much gray area here with laws, kinda like DUI Checkpoints, they arent LEGAL per say, but they also arent illegal, your actions constitute the legality of the it all.
 

slugboy

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GDPR and CCPA don’t seem to do much for social media privacy, but do in other areas. There are a variety of laws that provide privacy and internet protection for minors in the US.

This seems useful: https://www.americanbar.org/groups/business_law/publications/blt/2014/01/03a_claypoole/ . A poor summary is
  • There’s some privacy protection, but there’s not a lot
  • If you’re over 13 in the US, most data is fair game
  • Some information (like financial information) has protections. Most doesn’t
  • If a social media site has a privacy policy, you can use a lawyer to try to hold them to it. Some people have won.
If someone posts an embarrassing video of you, your best option is if you have a copyright on it. Otherwise, you’re just gonna be embarrassed.
 
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