The Issues In Social Networking Privacy Policy

Published Date: 02 Nov 2017

Contents

INTRODUCTION

With Facebook at the top of the helm with over 1 billion registered users (), online social networking sites have witnessed exponential growth recently. In general, social networking sites enable users create group of friends (which include registered users of the same network) they can share information and other contents with, such as photographs and videos.

The exponential growth in rate of participation is accompanied by what is apparently a progressive move towards diversification and sophistication of usage patterns of these networks. Shaupp, Carter and Shaupp (2011) noted most social networking sites (SNS) have some core features in common. The creation of profile as online avatar provides viewers with option to view and follow user profiles with the aim of contacting a user or being contacted. These connections provide opportunities to connect with businesses, interest groups, professionals, old friends, job search and so on.

Business models for many SNS increasingly depend on access to huge quantity of user data; new features are introduced to actively encourage users to upload and share their content and information most at times with strangers. This has resulted in many incidents where personal data available on user profiles have been found to be exploited for uses other than the ones originally intended (Wishart et al., 2010).

The resulting desire by users to reveal personal information to a large network of vaguely defined friends circle triggers scrutiny into social, ethical, professional and legal implications of the state of the matter. Researchers across IT society have conducted studies by exploring online social networks in large contexts. A major focus has been issues related to trust and intimacy as it concerns social networks. Other relevant areas included in the studies focus on users strategic representation of themselves to others and recommendation drawn from user reactions on there shared concerns about the state of privacy.

This study focuses on social, ethical/ professional and legal issues associated with privacy in online social networking sites. The dissemination of information is not only a problem for administrators, it is a new source of concern for users as information entered or shared in social networking sites can be used in a legal framework to prosecute individuals reminiscent of events which unfolded during the 2011 London riots. There is no denying the implications of an individual’s privacy when they post information on the Internet in general, let alone on a loose environment like SNS, but the resolve by most of the companies to share or sell user data is growing without serious discussions on the active participation of users to decide how their data is used or protected. In the study, identification of these issues will focus on how it affects users and how professionals can manage the issues as it relates to BCS code of conduct. The wider implication of privacy as it relates to individuals and social networking will be evaluated while recommending a framework to work a solution.

1. Understanding the issues in social networking privacy policy

Over the years, computer ethics have grown as a discipline both in library and information science. Codes and conduct in computing have been enacted since the mid 1970’s as crimes directly related to computers steadily increased over the years (Agarwal and Garcia, 2003). In recent times, computers have dominated areas such as government, commerce, medicine, industry, education, entertainment and the larger society, social media is taking a front seat more and more people engage most of their livelihoods with social networking sites.

Owners of these networks have significant opportunities to do well by their networks or subvert their purpose for other reasons. To ensure these owners use these networks for the good reasons, they are bound by different types of code of conducts wherever it is they operate from. In the U.K, the BCS code of conduct is the professional body that sets up and monitors the codes of conduct IT professionals must abide by. The codes of conduct identify and set the ethically responsible framework in which organizations, groups and individuals participate and evaluates the primary obligations within these relationships, albeit evolution in social media increasingly blurs the line between privacy and opportunity.

1.1 Legal Issues

In 2011, riots engulfed the city of London for days with property and human damage very high. In the aftermath of the riots, arrests were made based on information people posted online on the social media such as Twitter and Facebook (Fuchs, 2011). The backlash was enormous from social media activists as it was viewed as an assault on freedom and privacy of individuals. Parts of mainstream media quickly blamed social media as the cause of the riots (Reports of the shooting of Mark Duggan was circulated through social media). The terms "Facebook mobs" and "blackberry mobs" became popular during and aftermath of the riots.

One of the rules in the BCS code of conduct states that "carry out your professional responsibilities with due care and diligence in accordance with the Relevant Authority’s requirements whilst exercising your professional judgment at all times" (British Computer Society, 2011). On one side of the argument, authorities and some mainstream media blamed the lack of controls on social media sites that are blamed for assembling hundreds of rioters and dissemination of information fuelling the riots. On the other end of the spectrum was the argument brought by proponents of social media that charging individuals based on what they write on their twitter accounts, Facebook accounts or Blackberry amounts to stifling freedom of expression and subsequently infringes on their privacy.

Elsewhere across the world, most importantly in middle the Middle East where popular uprisings have toppled regimes and pushed the region into instability, governments have largely blamed use of social media for inciting violence and have stepped up efforts to reign in controls and monitor users. This is a very complicated situation as it raises the question, how a balanced approach to use and privacy of SNS can be achieved.

Neal and McDevitt pointed out some few legal issues in SNS in a research on the business impact. They concluded social media is the "Next Big Thing" for big and small businesses as privacy exploitation is on the rise. In evaluating different perspective of issues identified, some of the most relevant legal issues are identified as;

Personal information disclosure

Social media networks are increasingly taking commercial dynamic, this coincides with a tremendous rise in user data shared online. Privacy policies to best of users understanding doesn’t make their data property of the company, these information are sold to third party mostly for advertisement and increasingly to government. As an IT professional, this is by far the most complex issue to deal with as code of conducts applicable in the U.K does not explicitly address the issues of exploitation of user data.

Copyright and Trademark infringement

IT professionals much like other professionals in other fields understand the value and significance of trademark. Writers, publishers and developers alike put tremendous effort into developing different technologies and have gone to extreme lengths to guard their work by copywriting or trademarking design. Social networking sites have for long dealt with the difficulty of protecting against infringement albeit with little success. IT analysts have argued its difficult to control the infringement of copyright and trademarks in SNS simply because there are millions shared every second and will be difficult to investigate on a case by case which and what is infringed.

Privacy

Facebook has gained a lot of publicity for various reasons one of which is its unpopular privacy policies. An editorial on BBC News Technology is quoted as saying "Facebook has historically been extremely resistant to transparency in its operations", this is in response to moves by Facebook to seek consent for privacy changes that is viewed as coerced by regulators. There is a thin line between privacy infringement and information utilization. IT professionals need to evaluate opportunities for revenue growth, however they are bound by the code of conduct and have to strike the right balance. There are a lot of legal issues surrounding privacy policies in SNS that have forced legislations to be considered in various countries including the U.K.

1.2 Social Issues

Social media as the name implies tries to create an online social community where people meet old friends and make new ones through series of online activities which include but not limited to user information in form of profile, photo’s, stories, interests, activities and so on. As social media become mainstream, it goes through a series of evolutions which have effects on social aspects human life.

Opponents of social networking sites have stressed the hours users spend on networks such as Facebook, which has the highest hours per user and is popular amongst young and teenagers. Conservatives have argued the increase in hours spent on SNS results in poor academic performance amongst students as published by Lifespan (2013). The challenge for IT professionals and developers of these networks is to reconcile the need for social media interaction and involvement in other social activities offline. This is a highly debatable aspect of social media that is increasingly pitched by different segment of society in the U.K.

Facebook has more registered users than LinkedIn, Google+ and twitter put together. The popularity of Facebook has had a tremendous effect on its financial position especially leading to the IPO of the company in 2012 (Moore, 2012). An apparent business model change has shifted focus of the network administrators to enhance the atmosphere of their SNS to encourage users to spend longer time online (Delaney, 2012). Severe lack of social skills is a major concern critics say is a negative result of being "plugged in". A number of activists in the U.K have proposed there be steps taken to make SNS encourage users to spend more time offline.

Proponents of social media have argued hours spent on social networking sites is not an indication of a social problem, but it is merely a trend in a larger move towards integrating internet in our daily lives especially with the popularity of tablets and smart phones. The digitalization of our society by way of constant communication through mobile devices and internet makes a very difficult task of ensuring privacy of users is protected and safeguarded against illegal use. Popularity of tablets and smart phones has resulted in tremendous growth in third party applications that are subject to little or no oversight and can hardly be controlled to abide by code of conduct such as the one by the BCS.

The social effects of SNS privacy policy in one that is increasingly voiced out across the globe as the effects are having deeper effects. CNN (2013) reported the hacking of AP (Associated Press) account on 23rd April 2013 and the subsequent posting of the shooting of U.S president on its hacked account caused major panic in the business world as major indices in the NYSC trading low. This brings the issue of privacy and security of SNS into question and the potential for people in the online community to react swiftly and distribute information spontaneously. In particular, some of the major social issues identified are explained briefly;

Poor performance

According to new studies by Emerging Adulthood journal (2013), teenagers spending nearly 12 hours on social networking are associated with lower grade point averages (GPA). The issue might not be directly related to an IT professional as argued by some segment of the IT community, but the effects cannot be ignored by developers with opponents ready to point fingers at developers for creating a system that causes profound social issues.

Businesses too suffer from decrease in productivity as SNS are found to create a lot of distraction as employees at times how more interest in what their friends are up to online than concentrate on what they are employed to do. The significance of addressing these issues cannot be understated just as the effects, code of conduct as dictated by BCS does not address issues relating to performance and productivity decrease. The problems that come with these issues is another problem of privacy where employers, guardians and in few cases school teachers have engaged in invasive behavior of monitoring an individuals social networking activities or requesting for their information to access their accounts.

Cyber-bullying

The practice of cyber-bullying is one that has a devastating effect on online community. It is a social issue that has gotten enough attention pitching the voices of many calling for action. It is difficult for IT professionals to detect cases of bullying without breaking policies set in place to protect users making the task at hand a complex one.

A survey by Beatbullying found a growing number of children and teenagers are victims of bullying and at times lured into sexual exchanges through fake online profiles (Manning, 2013). This results in some young people suffering from depression and at times suicidal due to the fact they were bullied online the survey found. Another important finding in the research pointed out nearly a third of 500 young SNS users questioned admitted to having fake profiles made about them or at least know someone who has been impersonated.

The rise in number of cyber bullying is one that not just calls for review of how profiles are set up but also the need by BCS in collaboration with law enforcement officials and other stakeholders to have a common front in tackling the problem of cyber-bullying. The last thing any IT professional wants is for kids to be endangered in any way, shape or form.

Privacy

The use of SNS encourages people to be more open about their personal lives through creation of user profile. Networks such as Facebook and LinkedIn make it easy for people to post details of their lives or career. In the case of LinkedIn, it is necessary to post as much information about your business life as is available making users susceptible to breaking all sorts of policies be it professional or personal in nature. Facebook is more popular with users as they can add any number of postings, upload as many pictures, share as many videos or interests. This has over time affected people’s privacy conscious while the things they post remain available indefinitely.

Analysts have long argued that SNS have to make necessary changes to allow users have the option of deleting permanently any digital print they decide they no longer want to keep on their profiles. But of course that is just one side of the argument. Others have long argued it’s not the job of the administrators as postings are shared with other users and are contained in other peoples profile not a decision the professionals can control. Most sites allow users control who sees their online postings but are mostly forgotten or aren’t as effective as advertised (Jung, n.d)

There issues relating to privacy in SNS are multi-faceted as Shaupp, Carter and Shaupp (2011) argued. In certain scenario, it revolves around what administrators of these SNS do with user data, other time is how administrators privacy policy protects users. In any case, the growing discomfort with the negative effects of social media especially by the elderly in the U.K is one that will set the ground running for bigger debates on the course of action to be taken to address the issue of privacy policy, which covers all the issues identified.

1.3 Professional and Ethical Issues

This study has gone to great lengths to identify the privacy issues related to social networking from the view point of how it affects users as in most cases in subsequently affects IT professionals. The professional and ethical issues related to use of social networking often times overlap each other, and in most cases it is difficult to differentiate. The continuing growth of social networking gives unprecedented powers to owners/ developers of these networks. Trust is o doubt the prized currency of social networking, it is expected that there are bound to be ethical and professional lapses or oversights.

In the IT field, Shaupp, Carter and Shaupp (2011) pointed out that "the developers suspect that individual social network users accept that privacy may be at risk and are fearful that any ethical issue could potentially cause embarrassment". The fact remains users are willingly providing information with several driving factors responsible for the actions. It becomes incumbent on IT professionals to mine the different features that allow users to post information online to avoid the inevitable conflict of interests in the storage or use of user data. It is going to be difficult for any regulatory body to dictate exactly what features should be made available on SNS, but understanding the potential for fallout from the use of these features is an ethical issues that needs to be contended with.

There are a lot more ethical and professional issues in social networking than other related issues (Waring and Buchanan, 2010). Most of issues around legal and social effects are also a question of ethical and professional one in terms of how IT professionals deal with the problems and how the code of conduct is used or manipulated to justify privacy policies. In real sense, the professional and ethical issues in social networking are the most difficult to deal with, it is practically impossible to define a specific code of conduct that addresses the issue of race, religion, ethnicity and so on. Arguments made for or against the impact of identified issues relating to social networking in the context of ethics and professionalism will almost certainly be subjective.

Administrative Decisions

When the 2011 London riots spread across other cities in the U.K, mainstream media were quick to blame social media for the spread of the violence (Fuchs, 2011). For an IT professional, the issue isn’t simply that of certain individuals in society exploiting social media to incite violence, it is rather an issue of what owners can do on their part to mitigate the abuse of social media in acts that endanger the society.

Millions of applications are introduced into the world everyday from a simple IT enthusiast in a school laboratory to professionals from silicon valley, there is no knowing which one of these applications will be the next Facebook or Twitter in terms of popularity and reach. The problem then is how far does the code of conduct reaches in ensuring every involved practitioner is in line with the guidelines introduced to ensure the sanctity of new and existing IT. Ultimately, there are decisions that are made by the administrators, which have and will continue to have tremendous effect on privacy as well as security of users. It is easy for any one of these social networking sites to cross the line between judgments they find necessary to abide by their understanding of the code of conduct or any law they are bound by and breaking the privacy policies users of SNS depend on to protect them.

Decisions are a constant challenge for IT professionals as the way their products are used changes all the time. SNS have been drawn into controversy by deciding to allow or disallow certain Facebook page, or Twitter account or Instagram photos to be hosted or shared on their networks. Management has had to improvise to intervene in cases while leaving one group alienated, bringing the idea of SNS as neutral into question.

2. Financial Interests

Most SNS have faced a turnaround as their business models have changed. Facebook and LinkedIn have both gone public with IPO’s in 2012 with the latter being more successful than the former. The rationale behind most privacy policy is subject to both professional and ethical reviews. Instagram, which recently claimed it, has "perpetual rights to users photo" through an update of its privacy policy is an issue that has been very unpopular and has the potential of setting off legal battles (Warman, 2012). Most of these decisions are driven by financial opportunities and presents a direct conflict of interest which is a matter addressed in BCS code of conduct.

The most pressing privacy issues are usually driven by a growing urge by managers to control users, or result of government crackdown on social media or the more disturbing financial interests. IT professionals have the responsibility of capitalizing on their inventions but are ethically and professionally bound by code of conduct and other laws to protect the interest of users.

3. Interpretation and Implementation of Laws

Although most SNS adhere to and implement different sets of laws from different regulatory bodies in different countries, there are cases where the decision to enforce is based upon the judgment of legal teams and management of these companies. As IT professionals, there are a great deal of oversight or laws that must be abided by, but with a team of professional lawyers, it is possible at times to find loopholes so certain aspects of the laws can be manipulated or disregarded.

Professionalism hasn’t always been synonymous with the IT community, but with the increasing significance of their inventions and its social effects, a lot of attention is paid to SNS. There is no doubt in the near future IT will control almost all activities of human beings, it is then important the new generation understands the issues that are related to their line of work, especially the professional and ethical issues given how they can easily culminate into other issues.

Implementing Privacy Framework

In previous discussions, a lot of time was spent investigating the social, legal, ethical and professional issues elated to an IT professional in social networking. To implement a framework for privacy policy, it is necessary to relate how these issues relate to several laws most importantly the BCS code of conduct.

In outlining a framework for ideal privacy policy in SNS, it is necessary to understand there is a lot of limitations from deciding which post to remove in Facebook, to the kinds of tweets that should be restricted or how far managers can go to protect kids from cyberbullying and so much more. The online community have been vocal on what course of action to take to solve the many issues relating to SNS, so are privacy activists and lawmakers. Reconciling all these into a working framework for privacy as an IT practitioner is impractical. However there are areas of considerations that are outlined here that aim to solve the issues identified.

BCS and ACM Code of Ethics

In the 1960’s the famed information security researcher Donn Parker investigated the growing ethical issues that are computer related who then wrote articles and books on computer crime subsequently proposing code of ethics to Association for Computing Machinery (ACM). The professional organization adopted the proposal in the 1970’s and is known as one of the earliest laws enacted to deal with issues relating to computer ethics (Agarwal and Garcia, 2003). In comparison to the body that sets rules and professional standards for IT professionals, the British Computer Society (BCS) both categorize the code of conduct based upon how it applies to authority, society and professionalism.

2.1 Public Interest

The BCS code states that "have due regard for public health, privacy, security and wellbeing of others and the environment". This is a general code (although vague) that can be used to challenge a lot of the problem identified. The social issues identified can be explained through this code of conduct by both BCS and ACM. The well being of a society can be protected through many means. One of which is ensuring the continuity of social life, which SNS have an effect on. It is not entirely up to IT professionals to safeguard and restore the well being of society, but it is now a moral imperative to have consideration of the effects their inventions have on society. Rather than spend more time creating features that encourage users spend longer time glued to their devices on SNS, it is necessary to consider how users will be encouraged to spend more time on normal social life activities (Sollins, 2011).

Security is becoming an increasingly important concern with SNS with the rise of cyberbullying, identity thefts, fraud and spread of violence with help of social networking. The health, privacy and security of people are one that can’t be misrepresented in any action taken as an IT professional. As a matter of fact these three areas are now the most important consideration for any IT professional.

Womack (2012) quoted Chester "Facebook sees teens as a digital goldmine" arguing teens are the most active users and privacy policies must be engineered to protect them not exploit them. Manning (2013) quoted deputy chief executive of Beatbullying adding "what social networking sites like Facebook need to do is work with organizations like us to. They’re experts in technology, but they’re not experts in bullying and sexual bullying". In his view, one of easy ways to handle the issues relating to social networking in terms of privacy and security is to join forces between IT professionals and relevant authority to map out a solutions to the many problems identified.

2.2 Intellectual Property

Intellectual property owners are struggling with uncontained and unprecedented infringement and abuse in SNS. Although sophisticated laws such as copyright laws, patent, trademark statues protect them, enforcing them requires the help of IT professionals to fully enact them and stop users violating them. Agarwal and Garcia (2003) pointed out "law and ethics sometimes come up with different views". The wisdom to enforce some laws is one that isn’t necessary legal but could be ethical. Protection of intellectual property is one that BCS states in its code of conduct "avoid injuring others, their property, reputation, or employment by false or malicious or negligent action or inaction".

It is inconceivable that ordinary patent or trademarks are sufficient to protect intellectual property in SNS, supplementary protective measures are necessary to compliment the efforts.

2.3 Respect for Privacy of Users

Privacy of users is the most contentious issue in SNS. The computer with the help of IT professionals and hackers has the ability to manipulate information through endless storage of data and effortless manipulation of such data. BCS code stipulates that "have regard for legitimate rights of Third Parties". Privacy is a legitimate right, which is increasingly disregarded by managers while complaints about breaches keeps rising.

From an organizational point of view, lost of privacy can be beneficial as monitoring of users can result in having so much control over some aspect of their social lives. However, there are some issues, which cannot be addressed without monitoring like identity theft, sexual harasser, stealing or illegal sharing of intellectual property, or even terrorist activities.

Agarwal and Garcia (2003) question the effects of monitoring users and how whether it can get out of control. Strings of islamophobic and anti-Semitic pages on SNS such as Facebook or tweeting or derogatory slurs is a simple argument of freedom of expression or as BCS code of conduct stipulates have due regard for the legitimate rights of other, it is insensitive for any IT professional to ignore the consequences of actions taken by some users hence the need to monitor.

BCS code states "conduct your professional activities without discrimination on the grounds of sex, sexual orientation, marital status, nationality, color, race, ethnic origin, religion, age or disability, or of any other condition or requirement". To implement such code, Aimeur, Gambs and Ho (2009) pointed out privacy policy allow for management some room to monitor users.

Related Solutions to Privacy Issues in SNS

The more privacy issues identified in SNS the more solutions are given by anyone involved in the SNS debate.

Earp et al. (2005) suggest two solutions to online privacy policy; based on choice/ consent statement and transfer of vulnerability. Their study investigated whether policy statements provide information consumers want to know

Wishart et al. (2010) studied current privacy policy and came up with a comprehensive privacy policy language authoring and policy conditions

Madejski, Johnson and Bellovin (2012) recommends users have more control over settings relating to privacy as their research has proven privacy violations by SNS.

Limitations

This study is based upon qualitative analysis of social, legal, professional and ethical issues relating to various privacy issues in SNS. The approach used is by investigating the problems from a user point of view and relate how identified issues concern IT professional in view of BCS code of conduct. No actual data was recorded to measure extent of issues identified. The issues identified are common issues users face and based upon the authors experience using SNS. The framework does not directly relate to each identified problem, it provides framework based on BCS code of conduct and stresses the need for a collaborative approach to mapping out long term solutions. The research is limited to generalize problem in SNS and ignores the most technical aspects of the problems and solutions.

Conclusion

Social networking is part of our everyday life especially with the growth of tablets and smartphones. It is without argument then that the use of these services comes at a great cost with social legal, ethical and professional issues growing almost the rate at which popularity of SNS grow. Proponents and opponents of social media have taken to the mainstream media, parliament, street and online community to debate the issues. As an IT professional, it is imperative to get a clear understanding of what the issues are as they relate to the IT field. The future of social networking is one although clouded in controversy but undoubtedly guaranteed. Solutions to issues raised such as lack of productivity aren’t such that can easily be solved by way of code of conduct, but rather through the wisdom of IT professionals and online activists pushing the matter. The fact of the matter is most of the issues are ones that are less likely to have an antidote, with clear solution looking more like a mirage, the choice is ultimately up to the IT world to reconcile issues in the online community with the effects it has both online and offline.