Anti-Social Anti-Social NetworkingNetworking

Inaugural LectureInaugural LectureMay 21, 2010May 21, 2010

Lilian EdwardsLilian EdwardsProfessor of Internet LawProfessor of Internet Law

University of Sheffield Law SchoolUniversity of Sheffield Law Schoollilian.edwards@sheffield.ac.uklilian.edwards@sheffield.ac.uk

PanglossPangloss: : http://blogscript.blogspot.com/Twitter @lilianedwardsTwitter @lilianedwards

Three basic errorsThree basic errors

Lectures, like Gaul, are divided Lectures, like Gaul, are divided into three parts..into three parts..

The The evilsevils (alleged) of (alleged) of social networking sitessocial networking sites

The The privacy problemprivacy problem: : some solutionssome solutions

Some unexpected Some unexpected benefitsbenefits of social of social networking: the Digital networking: the Digital Economy Bill Economy Bill experienceexperience

Social networking– why it mattersSocial networking– why it matters Facebook has over 400 m users Facebook has over 400 m users

worldwide, half log in every day worldwide, half log in every day 41.7m users in EU41.7m users in EU Half of all net users in Scotland Half of all net users in Scotland

have an SNS profile; 44% in have an SNS profile; 44% in England, 31% NIEngland, 31% NI

2nd most popular site on web 2nd most popular site on web (after Google)(after Google)

Not just for kids! Average UK FB Not just for kids! Average UK FB user in Sept 07 was almost 34. user in Sept 07 was almost 34. 180,000 over 65s!180,000 over 65s!

Around 8% of all time online Around 8% of all time online now spent on FBnow spent on FB

Anti-social networking : ContactAnti-social networking : Contact

Conduct- BullyingConduct- Bullying

ContentContent

The problem of privacy and Social Networking SitesThe problem of privacy and Social Networking Sites

But where’s the harm? “Nothing But where’s the harm? “Nothing to hide, nothing to fear?”to hide, nothing to fear?”

Illegitimate uses made of legitimate dataIllegitimate uses made of legitimate data– Spamming, scamming, ID theft, stalkersSpamming, scamming, ID theft, stalkers

Unexpected uses made of legitimate dataUnexpected uses made of legitimate data– Surveillance by employers, police, securitySurveillance by employers, police, security

Derivative data made without your knowledge – Derivative data made without your knowledge – profiling, targeted ads, data mining, social sorting profiling, targeted ads, data mining, social sorting

Data errors, out of date, out of contextData errors, out of date, out of context ““Future” risks (especially for young people)Future” risks (especially for young people)

Do we need more regulation of privacy on Do we need more regulation of privacy on SNSs?SNSs?

YESYES Current DP Current DP lawlaw negated by illusion of “consent” negated by illusion of “consent”

– User apathy, lack of comprehension, technophobia, faulty risk User apathy, lack of comprehension, technophobia, faulty risk assessment, constant changesassessment, constant changes

MarketMarket failure in respect of privacy on SNSs failure in respect of privacy on SNSs SNS economic incentives are to disclose not encourage privacySNS economic incentives are to disclose not encourage privacy Lock-in effect –=> non competitive market on user rights Lock-in effect –=> non competitive market on user rights Privacy in SNSs actually counterproductive for profits (see Privacy in SNSs actually counterproductive for profits (see

Bonneau survey)Bonneau survey)

NONO Who needs privacy - it’s an SNS after all! (Zuckerberg)Who needs privacy - it’s an SNS after all! (Zuckerberg) Education & technoliteracy will do the trick (? OFCOM May 2010)Education & technoliteracy will do the trick (? OFCOM May 2010) How will SNSs make money if not via data disclosure?How will SNSs make money if not via data disclosure?

.. Breaking news!!.... Breaking news!!..

Solutions – privacy by design?Solutions – privacy by design?

Authorised contracts between site & usersAuthorised contracts between site & users Model in Unfair Terms Directive, also Model in Unfair Terms Directive, also

Consumer Rights Draft DirectiveConsumer Rights Draft Directive What terms?What terms? Require minimum level of Require minimum level of privacy friendly privacy friendly

defaultsdefaults? ? Data/profile expiryData/profile expiry, renewable every six , renewable every six

months? The “right to forget”??months? The “right to forget”?? InteroperabilityInteroperability to combat lock-in? to combat lock-in? Some terms might be outlawed.Some terms might be outlawed.

Pro-social networking?Pro-social networking?

If social networks are this bad for us, If social networks are this bad for us, why don’t we just ban them?why don’t we just ban them?

Impossible and impracticalImpossible and impractical But what social good do they But what social good do they

promote?promote? The Digital Economy Bill “participant The Digital Economy Bill “participant

anthropologist” experienceanthropologist” experience

Law and Sausages: How not to Law and Sausages: How not to Legislate for the Digital EconomyLegislate for the Digital Economy

● ““There are two things you never There are two things you never want to see being made: law want to see being made: law and sausages”and sausages”

● (After Bismark)(After Bismark)

Grassroots opposition to #debillGrassroots opposition to #debill● All 3 front benches (initially) backed the DEB- but..All 3 front benches (initially) backed the DEB- but..● Biggest trending topic on Twitter worldwide for several Biggest trending topic on Twitter worldwide for several

daysdays● 20,000 + emails sent to MPs cf 6K re Radio 6 – “biggest 20,000 + emails sent to MPs cf 6K re Radio 6 – “biggest

postbag for many years”postbag for many years”● Lib Dem conference passed emergency motion against, Lib Dem conference passed emergency motion against,

forcing front bench to reverse supportforcing front bench to reverse support● Many backbench MPs of all parties publicly unhappy..Many backbench MPs of all parties publicly unhappy..● .. But Bill pushed into “wash up” - abbreviated process .. But Bill pushed into “wash up” - abbreviated process

on last day of Parliament before election + heavy on last day of Parliament before election + heavy whipping => almost no scrutiny in HCwhipping => almost no scrutiny in HC

ResultsResults

The new sousveillance?The new sousveillance?

Positive aspects for democracy?Positive aspects for democracy?

● ““I’m also feeling positive personally about all this. I I’m also feeling positive personally about all this. I genuinely enjoyed spending two evenings watching the genuinely enjoyed spending two evenings watching the House of Commons. I found it interesting and would House of Commons. I found it interesting and would like to do that more. For the first time in a long time, like to do that more. For the first time in a long time, after months and years of my opinion of politics and after months and years of my opinion of politics and MPs and government withering away I’m interested MPs and government withering away I’m interested and want to get involved somehow. Even if that just and want to get involved somehow. Even if that just means paying more attention, a fraction of the attention means paying more attention, a fraction of the attention we paid to this bill, that’s an improvement.“we paid to this bill, that’s an improvement.“

Lessons from the DEBLessons from the DEB● Is Is representational democracy really as representational democracy really as

good as it gets? good as it gets? ● Lack of understanding by politicians >40 of Lack of understanding by politicians >40 of importanceimportance of Internet of Internet

● Lack of Lack of technicaltechnical understanding for drafting understanding for drafting – eg Timms : IP “Intellectual Property” – eg Timms : IP “Intellectual Property” addressaddress

● Heavy Heavy lobbyinglobbying filled this vacuumfilled this vacuum● Non responsive to the grassroots/”back Non responsive to the grassroots/”back

channel” (eg “not lawyers”)channel” (eg “not lawyers”)

The new online agora?The new online agora?