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January 10, 2008

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» Opening Up The Social Graph: An Identity Perspective from Collaborative Thinking
A worthwhile blog post from our Identity group. I do disagree with the extreme position that any opening up the social graph is wrong. There needs to be some level of federation between social network sites and social network services [Read More]

Comments

Bob Blakley

Update: I hadn't noticed this excellent post on the subject from Adam Greenfield before today:

http://speedbird.wordpress.com/2007/12/09/antisocial-networking/

Crosbie Fitch

Facebook's users don't make agreements with Facebook (despite Facebook pretending otherwise), though they will take Facebook's promises to respect their privacy at face value.

Facebook (the faceless corporation) doesn't have a peer relationship with each of its users.

People have proper peer relationships with other people and this includes relationships between facebook users. Unless any contract is made otherwise, the mutual privacy of a relationship is a matter of confidence and trust. No person can bind or burden another simply through the act of confidence. Respect and reputation may well be affected by how well each person in a relationship treats any confidence, but this is no place for the law to step in. As free as any individual is to confide their secrets to another, just as free is the other to 'asset strip' the value of those secrets in their relationship and confess all to another 'friend', or even to a newspaper. This is a part of trust - risk.

There may well be a social graph visible to god, and many commercial organisations would no doubt like to peer over his shoulder at it, but I suspect it will prove to be as unattainable as the holy grail, subject to the same uncertainty as Heisenberg's principle.

As fast as the confidence of relationships is stripped of its asset, as fast will those relationships cease.

Nothing can be obtained from a relationship that does not add value to it, for a relationship is value.

Comparably, no work can be harnessed from public collaboration except that for which the public are the ultimate beneficiaries.

Bob Blakley

Wrong. Facebook's users make at least two very explicit agreements with Facebook. They are required to agree to the Facebook "Terms of Use" before they can complete the registration process. If they do NOT agree to these terms, their registration is not completed and they do not receive an account. The Terms of Use to which all users agree is posted here: http://www.facebook.com/terms.php

In my opinion (and I am of course not a lawyer) Scoble's use of the Plaxo script clearly violates the sections of this agreement entitled "Proprietary Rights in Site Content; Limited License", "User Conduct", and perhaps also "User Content Posted on the Site".

Facebook also makes another agreement with users; it agrees to implement a set of privacy policies and practices. The text of this agreement can be found here:

http://www.facebook.com/policy.php

"Faceless corporations" which claim to operate social spaces and which do not take action against antisocial behavior (like members appropriating other users' personal information and using it for their own purposes in violation of what you call confidence and trust) will lose their subscribers and will deserve to do so.

Facebook understands this, and in the (Terms of Use) agreement which all users make with Facebook the users acknowledge that Facebook can terminate their accounts if they behave antisocially in this way - as enumerated in the section of the agreement entitled "Repeat Infringer Policy". This is probably the clause under which Scoble's account was deactivated.

Crosbie Fitch

You appear to be making the same mistake that Facebook is making, that agreements with users can be made unilaterally.

An agreement requires proactive consent between two peers.

Firstly, Facebook, being a corporation, is not a peer to a human registrant.

Secondly, there is no proactive consent on the part of the registrant. They are merely going through various form filling activities involving keyboard presses and mouse clicks to access online facilities.

There is no dialogue, let alone a meeting of minds.

Thomas Otter

Bob,
Yes,I'm in agreement with you here. (parking the thorny issue of click through agreements for another day.)

I discussed something similar a couple of weeks ago, looking at the Facebook T&Cs and also the implications in EU Data Protection law. It caused a bit of a ruckus.
http://theotherthomasotter.wordpress.com/2008/01/08/facebook-scoble-manifestos-and-european-privacy-law/

Bob Blakley

Crosbie, by your argument ("an agreement requires proactive consent between two peers... Facebook, being a corporation, is not a peer to a human registrant") contracts between corporations and natural persons are not binding on the natural persons. This is of course absurd.

On your second point, arguing that Scoble wasn't bound by the Facebook terms of service misses my point, which was that even if Scoble were entitled by law to do what he did, the act of doing it undermines the sociability of Facebook as a space, which is in the interests of neither Scoble nor any other Facebook subscriber.

Thomas, thanks for the link; I like your post a lot.

Crosbie Fitch

Actually, I think it's absurd to believe that contracts between corporations and natural persons could ever be made, let alone be binding.
See http://www.digitalproductions.co.uk/index.php?id=80

I'm not trying to defend Scoble by any means. If anything, Facebook has made a rod for its own back by facilitating breach of confidence by its users.

Beware of automating human relationships.

CTYankee

Excellent thoughts.

I grew up with USENET 15+ years ago, and BBS's before that. I learned that personal data was a commodity to be guarded lest you expose yourself to abuse & SPAM.

Perhaps that explains why facebook is so... (hmmm what is the right word???) annoying, no, intrusive, hmmm, uh-uh, pablum... to me.

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